General Terms and Conditions

The official version of the General Terms and Conditions of sale (GTC) is the version written in French. For your convenience, a translation of this version is provided below. Any translated version is provided only for information purposes to facilitate the reading and understanding of the official version. in case of litigation, only the French version will be admissible, as opposed to the versions translated into other languages. Here is the link to consult the French version:General Terms and Conditions

 

PREAMBLE


www.essenciell.com is a website for online sales of oils, extracts and natural products, which are distributed by the company:
Corporate name: EI MAHERMAKHZOUMI
Trade name: EcoProud Europe
Entered in the Trade and Companies Register of CUSSET under the number 919 280 693
Address: 130 Route de Lyon 03400 Yzeure, FRANCE
E-mail: contact@essenciell.com
Phone number: 07 49 37 01 39 (from abroad: +33 7 49 37 01 39)
The company can also be reached by clicking on the contact form accessible on the home page via the heading "Contact us".

 

Article 1: Object


The present General Terms and Conditions of sale (GTC) describe the terms and conditions that apply to all purchases made by a legal or natural person (an Internet user) on the one hand and the Company EI MAHER MAKHZOUMI- EcoProud Europe on the other hand, through the intermediary of the Internet site www.essenciell.com. They apply to the exclusion of all other conditions, and in particular those applicable to sales through other distribution and marketing channels.
They are available on the site www.essenciell.com. They may be subject to change or update. The applicable conditions are those in force on the site at the date of placing the order or of the first payment in case of multiple payments of the order.

 

Article 2: Pre-contractual information


The Customer acknowledges having read the entirety of these GTC in a clear and understandable manner before placing the order and concluding the contract, and those without restriction or reservation, if any, the Special Conditions of Sale related to a product or service.
The validation of the order is thus worth acceptance of the GTC.
The Customer declares that he/she is at least 18 years old and has the legal capacity to legally enter into a contract under French law, or that he/she is the representative of a natural or legal person for whom he/she is making a commitment, or, if applicable, that he/she holds parental authorization allowing him/her to make an order on essenciell.com.
Unless proven otherwise, the information recorded by essenciell.com constitutes proof of all transactions.

 

Article 3: conclusion of the online contract (order)


The customer can order a product on line on the site www.essenciell.com, within the limit of available stocks.

 

Article 4: Steps to conclude the contract


In order to complete the order, the customer must follow a series of steps to conclude the contract electronically:
Choose products based on the essential characteristics and if necessary the options.
Validate the cart.
Enter the essential details of the customer (title, surname, first name, email...).
Accept the present General Terms and Conditions of Sale by ticking the box indicated. The present GTC can be consulted via the following link: https://essenciell.com/fr/content/13-conditions-generales-de-vente.
Enter a delivery address.
Choose the delivery method.
Check the elements of the order
: before proceeding to its confirmation, the customer has the possibility to check the details of his/her order, its price, and to correct any errors, or cancel his order.
Make the payment: the customer must choose a method of payment and follow the instructions, once the payment is made, the customer receives confirmation of acceptance of the order from essenciell.com by electronic means.

Delivery: the delivery of the products will be made to the address indicated by the customer. In order to fulfill the order, the customer agrees to provide truthful identification.

After collection by essenciell.com of the totality of the price, the contract is concluded and the sale is regarded as final.
Archiving: the order, the details of the order, the communications as well as the invoices are archived on a reliable support in order to constitute a faithful and durable copy. This information can be produced as proof of the contract.
In case of a wrong address, lack of payment, or other problem on the information entered by the Customer, essenciell.com reserves the right to block the order until the problem is solved and has the possibility to refuse the order for any legitimate reason, for example: any abnormal request or made in bad faith etc.
essenciell.com provides Customers with the following telephone number: 07 49 37 01 39 or from abroad: +33 7 49 37 01 39 (from Monday to Friday, from 08:00 to 12:00, cost of a local call) and the following e-mail address: contact@essenciell.com. For information about their orders.

 

Article 5: Prices


The prices of the products on essenciell.com are displayed in euros or in American dollars (USD) according to the currency option chosen by the customer on the home page. They take into account the VAT applicable according to the country of residence, and are indicated excluding participation in shipping costs. The prices of the products, the service offers and the various expenses and taxes (carriage costs and the additional expenses) are indicated at the time of the process of order and on the invoice emitted by essenciell.com by electronic way.In all the cases, the total amount due by the customer is indicated on the page of confirmation of the order.
According to the mode of delivery, the shipping costs are calculated according to the weight of the order:
Colissimo home delivery in France and Monaco: from X€ to X€.
Colissimo Expert at home against signature in Metropolitan France and Monaco: from X€ to X€.
Chronopost at a relay point in Metropolitan France and Monaco: from X€ to X€.
Chronopost at home in Metropolitan France and Monaco: X€ single rate.
Colissimo Overseas: from X€ HT toX€ HT.
Colissimo Expert: Belgium: from X€ toX€ - Switzerland: from X€ HT toX€ HT - Rest of Europe: from X€ toX€.

essenciell.com reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
If there are offers of Products and services, their validity periods as well as their prices are specified on essenciell.com.
In some situations, additional costs are payable such as: local taxes, customs or import duties, etc. These duties and costs are not the responsibility of essenciell.com, but the responsibility of the Customer to make the declarations and payments to the competent authorities and it is the Customer's responsibility to find out about these aspects from the authorities.

 

Article 6: Description of the products


The essential characteristics of the products and services and their prices are made available to the customer on essenciell.com. The products sold are presented with descriptions and photos as accurate as possible which have only an indicative value.
They are described in a readable and understandable way.
The photos and the illustrations are not contractual. Errors and misprints may occur when updating the articles on the site, essenciell.com undertakes to correct these errors as soon as they are identified, and will not be held responsible for this situation.

 

Article 7: Availability of the products


In the event of impossibility to provide you with an ordered article (unavailability, problem of supply etc.), essenciell.com informs you by all available means, you thus have the choice to take an equivalent product (same price, quality at least equal, same composition or slightly different), if there is one, to cancel the article concerned or to cancel the complete order. In case of cancellation of the order, the costs of return are at the expense of the Customer.

 

Article 8: Availability of the IT service


In the event of an unmanageable computer incident, such as the impossibility of accessing the Internet, cyber-attacks or any other force majeure involving the unavailability of the computer service, essenciell.com cannot be held responsible.

 

Article 9: Methods of payment


The payment of the totality of the final price is due at the time of the validation of the order, including for the products in pre-order. The Customer can make the payment by the means listed in the site (credit card, PayPal...). Foreign bank cards must be international Mastercard or Visa.
The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted by the SSL system and cannot be read during the transmission of information. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the monetary and financial code, the commitment to pay by card is irreversible. By communicating his/her banking information at the time of the sale, the Customer authorises essenciell.com to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of error, refusal of authorization of payment or impossibility of debiting the card of the totality of the price, the sale is immediately solved of right and the order is cancelled.

 

Article 10: Delivery

After the reception of the payment of the customer's order, the order is usually processed in 48 hours (except Sundays and holidays) and except force majeure. This time is given as an indication according to availability of products.
The orders are delivered by La Poste in Colissimo or Chronopost. Customers are delivered at home in 48h, or 24h (in fast service of delivery) and those from the assumption of responsibility by La Poste, during the working days and subject to the deadlines of deposit.


We deliver in France, European Union, Switzerland and United Kingdom (for United Kingdom you have to pay an additional tax of 3€ on the standard rates)
European Union: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Colissimo at home in Metropolitan France and Monaco: from 4.20€ to 6.95€.
Colissimo Expert at home against signature in Metropolitan France and Monaco: X days.
Chronopost, parcel delivered the next morning before 1pm in a French relay point.
Chronopost, parcel delivered the next morning before 13h at home FRANCE.
Colissimo Expert Dom-Tom - X days.

Colissimo Expert Europe Belgium : X days - Switzerland : X days - Rest of Europe : X days.

 

To deliver your order in the best condition, we take care of the packaging of your order, especially for fragile products. Following the shipment of your package, we send the Customer the shipment number by e-mail. If you choose a home delivery and you were absent, your letter carrier will leave in your mailbox a notice of passage mentioning the date and the address of the post office where you can withdraw your parcel on presentation of an identity paper. We are not held responsible for the late deliveries caused by postal delays, strikes, failures of the transport services or other events which escape our control.
If the Customer or a person other than the deliverer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the deliverer of any reservations about the delivered product.
In the event of delay of delivery of 30 days or more, after the conclusion of the contract, the Customer can cancel the contract, by registered letter with acknowledgement of receipt or by a writing to the following address: contact@essenciell.com. essenciell.com proceeds then to the refunding of the totality of the paid sums.

 

Article 11: Compliance and guarantee


The products and services sold on essenciell.com comply with the regulations in force relating to the safety and health of people, the fairness of commercial transactions and consumer protection. essenciell.com undertakes to comply with the rules and customs of the profession. Independently of any commercial guarantee, the Customer benefits from legal protection for defects in conformity and hidden defects, in accordance with articles 1641 of the civil code. In the case of deliveries abroad, essenciell.com declines all responsibility if the legislation of the country of delivery is not respected.
essenciell.com will refund or exchange defective products or products that do not correspond to the order following a request from the Customer. The request for refund can be made by sending to the address: EcoProud Europe, 130 route de Lyon, 03400 Yzeure, FRANCE or by Email: contact@essenciell.com, the form below filled:

Subject: Refund request

To the attention of EcoProud Europe, 130 route de Lyon, 03400 Yzeure, FRANCE
Email: contact@essenciell.com

I/We (*) hereby notify you (*) of my/our (*) request for a refund of the contract for the sale of the item below:

Order number:
Name or reference of the item:
Refund amount:
Payment method: credit card / PayPal (*)
Ordered on / / - received on / /


Reason for refund request:

Name of Client(s):

Telephone Number:
Address of Client(s):

Signature of Client(s) (only if notifying this form on paper):

Date: / / , at [Place]

(*) Delete as appropriate.

After that, the Customer shall return or restitute the products to essenciell.com without undue delay and, at the latest, within fourteen (14) days following the communication of its request for refund, at the following address


EcoProud Europe
130 Route de Lyon
03400 YZEURE

The responsibility of essenciell.com cannot be retained following a non-significant difference between the product ordered and its presentation in the site (photos, illustrations, descriptions etc.). essenciell.com declines any responsibility following an unexpected event or force majeure.The Customer chooses his product based on its technical characteristics; therefore, he is responsible for any damage that may be caused by its misuse.

 

Article 12: Directions, uses and precautions for use


essenciell.com provides its customers with directions, characteristics and precautions for use for each product, they are not exhaustive and are drawn from bibliography, websites and scientific reference works and / or tests objectivations. This information is given for informational purposes only, it can in no way be considered as medical information, nor can it engage our responsibility. The Customer must consult it before any use and it is available in the description of each product.
If the Essenciell products are delivered to the end Customer through natural or legal persons, the latter are obliged to provide the customer with all the information necessary for use (indications, uses and precautions for use etc.).
The oils are concentrated liquids of complex composition resulting from the plants which could contain very powerful active substances which can sometimes prove to be dangerous if they are not used suitably. Any use of essenciell products without consultation of a doctor or specialist in the matter engages only the responsibility of the user.

 

Article 13: Right of withdrawal


In accordance with Article L221-18 of the Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal from a contract concluded at a distance without having to give reasons for his decision or to bear other costs than those of returning the goods. The above-mentioned withdrawal period runs from the day of receipt of the product by the Customer or a third party, other than the carrier, designated by him. The Customer shall exercise this right by informing essenciell.com of its decision to withdraw by sending, before the expiry of the above-mentioned period, the withdrawal form to the following address: EcoProud Europe, 130 route de Lyon, 03400 Yzeure, FRANCE or by Email: contact@essenciell.com
The customer can use the following withdrawal form:
(Please complete and return this form only if you wish to withdraw from the contract).

Subject: Cancellation request

To the attention of EcoProud Europe, 130 route de Lyon, 03400 Yzeure, FRANCE
Email: contact@essenciell.com

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods below:

Order number:
Name or reference of the item:
Payment method: credit card / PayPal (*)
Ordered on / / - received on / /

Name of the Customer(s):
Phone number:
Address of the Customer(s):

Signature of the Customer(s) (only in case of notification of this form on paper):

Date: / / , at [Place]

(*) Delete as appropriate.

After that, the Customer shall return or restitute the products to essenciell.com without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to withdraw, to the following address:
EcoProud Europe
130 Route de Lyon
03400 YZEURE
The Customer must return products in their original condition, complete (original packaging, accessories ...) and suitable for marketing. The Customer has the right to manipulate the products to test them or to establish their nature, but he/she is responsible for unnecessary manipulations other than those mentioned above.


In the case of exercising the right of withdrawal within the above-mentioned period and as soon as the products concerned are received by essenciell.com, it will proceed to reimburse their price and shipping costs, using the same means of payment as that used by the Customer to make the initial transaction, unless he communicates another means when notifying the withdrawal. The cost of returning these products remains the responsibility of the Customer.

 

Article 14: Force majeure


Any event that is cumulatively unforeseeable, irresistible or insurmountable and beyond the control of the persons concerned shall be deemed to be force majeure. If one of the parties (essenciell.com or the Customer) encounters a force majeure that prevents the performance of the obligations of the contract at the end of this agreement, it must notify the other party of the occurrence of such an event as soon as possible, as well as the timeframe thereof if known, and those by mail or by any other means. In this case the contract is suspended.
If the delay is less than three months, both parties agree on an agreement to execute the contract, otherwise it will be automatically terminated.

 

Article 15: Complaints and mediation


In the case of an incident or a consumer dispute, the Customer may send a complaint by contacting essenciell.com using the contact form available on the home page or by sending it to the following email address: contact@essenciell.com.
In the absence of a response within two months or in the event of failure following a written complaint, essenciell.com guarantees the Customer effective recourse to a consumer mediation system, which will attempt in complete independence to bring the parties together with a view to finding an amicable solution, in accordance with the provisions of Articles L611-1 to L616-1 of the French Code of Civil Procedure. L611-1 with L616-3 of the Code of consumption.
For a national (France) or cross-border dispute, the Customer can resort to a mediation system of his choice, or choose the one set up by essenciell.com whose coordinates are available on the site.
For customers in the European Union, the European Commission has set up a platform for resolving consumer disputes online at the following address: https://ec.europa.eu/consumers/odr/

 

Article 16: Clause of property reserve


The products ordered remain the property of essenciell.com until full and final payment of the total price of the order concerned. As a result, in the event of non-payment, essenciell.com may demand the return of the products ordered at any time, and the Customer will be required to bear all resulting costs.


On the other hand, if these products are damaged, stolen or lost the Customer will be entirely responsible for the consequences of this disaster. In the event of subscribed insurance, the compensation must be paid directly to essenciell.com.

 

Article 17: Intellectual property


All the content of the essenciell.com website (brands, products, images, illustrations, videos, catalogs, domain names, software, texts or more generally any information subject to intellectual property rights) is and remains the exclusive property of the seller.
In no case the present GTCs imply the transfer of these property rights. Any total or partial reproduction whatever the reason is strictly forbidden, can constitute an act of counterfeiting and will be liable to legal proceedings in accordance with the article L 335 of the Code of the Intellectual Property.

 

Article 18: Nullity and Severability of the clauses


If one of the stipulations of the present General Conditions becomes null, void, illegal or inapplicable due to a law, a regulation or following a court decision, it shall not call into question the validity, legality or applicability of the other clauses of the present GTC and shall not exonerate the Customer from the execution of its contractual obligations.

 

Article 19: Applicable law


All the clauses appearing in the present GTC and the operations aimed by these, will be subjected to the French law. The judicial courts will have jurisdiction.

 

Article 20: Language of the contract


The present GTC are written in French language. In the event of a litigation, only the French version will be deemed authentic, compared to the English version or other foreign languages.

 

Article 21: Protection of personal data

 

essenciell.com is committed to take all reasonable measures to protect users' personal information. essenciell.com respects your privacy. This means that all personal information collected on this site will remain strictly confidential and will not be sold, reused, rented, disclosed or loaned. Any information you provide will be held with the utmost care and will only be used to process your order and provide you with the best possible service.
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC. The Law n°78-17 of January 6, 1978 relating to data processing, files and freedoms which makes the CNIL, Commission Nationale de l'Informatique et des Libertés, the regulator of personal data in France, essenciell.com guarantees the implementation of the rights of the persons concerned.
When you pay on our online store, your payments are secured. essenciell.com does not collect your payment data, the credit card information is directly processed by our certified payment partner.
essenciell.com ensures your rights on your personal data such as the rights of access, rectification, update, unsubscription of the Newsletters and promotional offers, portability and deletion of the information which concern it, in accordance with the provisions of articles 39 and 40 of the Data-processing law and Freedoms modified, and with the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of the Persons.
essenciell.com does not use "cookies" to track anything other than how our visitors use our site and they are only used for the purpose of improving customer service and site functionality. Cookies and tracking technology are useful for collecting information such as browser type and operating system, tracking the number of visitors to the site and understanding how visitors use the site. Cookies can also help personalize the site for visitors. Personal information cannot be collected via cookies and other tracking technologies. Aggregate cookies and tracking information may not be shared with third parties.
The site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet, the date and time you access the site, and the pages you access on the site. This information is used to improve the site, analyze trends and administer the site.
Visitor data is only used by essenciell.com staff who needs to know this information in order to respond to any support requests or to ensure the security of this system.
We may change this policy from time to time to address new issues and to reflect changes on our site. Any changes will be posted here. Your continued use of the website following the posting of changes to these terms will mean you accept those changes.
By using essenciell.com, you signify your acceptance of our privacy policy.
We welcome your comments. If you have any questions or concerns about our privacy policy, please feel free to contact us.


IndA version ( En ). Last revision on 27/12/2022

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