Preamble

The company Morning Star, a simplified joint stock company, registered with the Paris RCS under number 819 833 443 and whose head office is located at 59 Boulevard de Suchet 75016 Paris ( “ Ethereal Paris”), publishes and operates the website www .etherealparis.com ( “ the Site”), on which it carries out a retail activity of household linens under the Ethereal Paris brand (the  “ Products”). The sale of Products is reserved for non-professional individuals (the  “ Customer”).

These General Conditions (the  “ CGV”) are available in French. The Customer has the option of accessing them at any time at the bottom of each page of the Site and will be able to save and print them.

By validating the order, the Customer declares to accept the General Terms and Conditions without reservation.

The General Terms and Conditions are supplemented by the Personal Data Protection Policy, the Cookies Policy

The Customer is informed that Ethereal Paris reserves the right to modify and update the General Terms and Conditions at any time. Any order for Products on the Site (the  “ Order ”) is subject to the General Terms and Conditions in force at the time of validation of said Order by the Customer.

Subject: Description of the Service

1.1. Ethereal Paris allows, via the Site, the Customer to purchase one or more Products online, in return for payment of the price indicated on the Site.

The Customer can find a complete description of each of the Products on the Site, when browsing / on the page of the Product concerned. The Products are offered while stocks last. In the event of unavailability of one or more Product(s), it cannot be ordered. In the event of unavailability noted by Ethereal Paris after the Customer's Order, Ethereal Paris will inform the Customer as soon as possible of the additional delivery time of the Order or of the total or partial cancellation of the Order and this, without obtaining the latter's agreement. If applicable, Ethereal Paris undertakes to offer the partial shipment of the Order with the available Products and the reimbursement of the Products which prove to be unavailable for an indefinite or abnormally long period or the total reimbursement of the Order.

1.2. The sale of Products is exclusively reserved for direct consumption. The Customer is prohibited from reselling or repackaging, together or individually, one or more Products.

1.3. Customers declare that they are of legal age and fully capable of contracting.

1.4. The Products are only offered in mainland France as well as in Corsica and Belgium and the rest of the world.

Access to the Site

2.1. The Site is in principle accessible by the Customer 24 hours a day, 7 days a week except in the event of force majeure, voluntary or unintentional interruption of the internet network, regardless of the cause, particularly in the event of maintenance. Being subject to an obligation of means, Ethereal Paris cannot be held responsible for any damage caused by the unavailability of the Site and/or the non-functioning of the E-shop.

Customer account

3.1. In order to place an order on the Site, the Customer must follow the instructions displayed during navigation and if desired, open a customer account.

To place an order, the customer must also provide their delivery/billing address, telephone number and banking details. Mandatory information that will be requested from the user is marked with an asterisk. This information is necessary to process your order on the Site. The Services cannot be carried out if these mandatory details have not been provided. Please note that this personal data is governed by the accessible Personal Data Policy.

If the customer wishes to open a customer account when ordering: opening an Account requires the provision of a certain amount of information by the Customer, namely: their title, their last name, their first name, their date of birth and email address. He will also have to create a personal password.

3.2. The Customer is responsible for the information he communicates when creating his Account as well as that communicated during any Order. The Client ensures the accuracy and conformity of the information transmitted to Ethereal Paris. The latter cannot be held responsible for the possible consequences of any entry error or provision of incorrect information.

3.3. The Customer will be able to follow and find the history of his orders and modify the information concerning him in the  “ My Account” section.

Placing an order

The different steps to follow in order to place an order for Products on the Site are as follows:

Step 1

The Customer creates his basket. He can browse the Site as he wishes and without having to log in to his Account. He can also add one or more Products to his basket. The Customer can add as many Products to his basket as he wishes. The contents of the basket are subject to an expiration period of 24 hours.

Step 2

The Customer validates their basket by clicking on  “ Validate my basket”. He is returned to a page which summarizes the contents of his basket and allows him to recheck the entirety of the upcoming Order and cancel it if necessary. At this time, if he is not already connected to his Customer account, the Customer is invited to connect to his customer account or to create his customer account.

Step 3

The Customer who has validated his basket can choose the delivery method and provide the delivery and billing address for his Order.

Step 4

Once the Customer has validated their delivery information, they can proceed to payment for their Order. To this end, the Customer has the choice between several payment methods. Once the bank details have been entered, the Customer receives an email confirming that the payment has been accepted and which summarizes all the information in the Order, namely: the products in the basket, their quantity, their price per unit and the total price of the basket, and the delivery address (acting as invoice) as well as the General Terms and Conditions. On the payment page the Customer is also invited to accept the General Terms and Conditions by checking the box provided for this purpose. When desired, the Customer can click on the mention  “ General Conditions of Sale” and access said General Terms and Conditions. Otherwise, the Customer will not be able to continue the online ordering procedure. The validated basket constitutes the Customer's order (the  “ Order ”).

Once confirmation of the Order is received after making payment, the Order is considered perfect and final. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in Article 7.

Price and payment terms

5.1. The price of each of the Products (the  “ Price”) is indicated on the Site, in Euros, all taxes included, it being understood that the Price corresponds to the price in effect on the day of the Order on the Site. The Price may be modified by Ethereal Paris at any time. If applicable, the Customer is informed before confirming his Order.

5.2. Payment for the Order is made only online, by credit card. For purchases by credit card, the Customer must indicate their credit card number, the expiry date and the cryptogram (last three digits) found on the back of the latter. All information given by the Customer will be encrypted. By providing information relating to their bank card, the Customer authorizes Ethereal Paris to debit their account for the total amount of the Order.

5.3. The Customer guarantees to Ethereal Paris that he is fully authorized to use the means of payment for the payment of the Order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his Order on the Site . Ethereal Paris cannot be held responsible for any fraudulent use of the means of payment used, regardless of their occurrence before or after payment.

5.4. Ethereal Paris reserves the right to cancel any Order automatically without prior notification and without any compensation being owed by the latter, whatever its nature and level of execution, in the event of non-payment or non-collection of any sum due by the Customer or in the event of a payment incident or a dispute relating to a payment likely to give rise to fears that the latter would not be able to fulfill its contractual obligations. The same applies when the Order appears suspicious, particularly due to the number of Products ordered or the number of Orders placed by the Customer in a short period of time. Ethereal Paris will inform the Client as soon as possible.

5.5. Payment is processed using a secure data encryption procedure. The Customer will receive a payment confirmation by email, which they can print and keep if they wish. Please note that this personal data is governed by the Personal Data Protection Policy.

Delivery conditions and terms

The products are delivered to the address provided by the Customer when ordering, according to the delivery method chosen by the Customer. Delivery of orders placed on the Site will be made via a carrier allowing the Customer to follow the delivery of their Order. The Products ordered on the Site are delivered within an indicative period of 5 working days after dispatch of the Customer's order (unless otherwise indicated at the time of the order.

6.1. In any case, the order is executed within a maximum period of thirty (30) days from the day following that on which the customer validated their order, subject to full payment of the price. In the event of a delay in making the Product available, beyond this 30-day period, after having reported the delay in delivery to Ethereal Paris and having asked Ethereal Paris to make delivery within a reasonable additional period. beyond which Ethereal Paris has not made delivery or has not offered solutions in the event of unavailability of the product, the Customer will benefit from the possibility of canceling his order by registered letter with acknowledgment of receipt. or by writing on another durable medium addressed to Ethereal Paris.

6.2. If the Customer refuses delivery, does not take delivery (particularly in the absence of the latter or a representative thereof) or if delivery cannot be made due to incorrect or incomplete information. are provided by the Customer, Ethereal Paris will be entitled to claim payment of all additional costs, in particular to make a new delivery.

6.3. The transfer of risks takes place upon delivery of the package to the Customer. However, it is up to him to make any claim according to the provisions of Article 10 below to allow Ethereal Paris to assert its rights with the carrier. The content of the Order remains the property of Ethereal Paris until full and perfect payment of the price thereof.

Right of withdrawal (Returns)

7.1. In accordance with the French Consumer Code, the Customer has a period of 14 (fourteen) days from the day of receipt of the Product ordered to exercise his legal right of withdrawal without having to justify his decision and thus return said product to Ethereal Paris. Product. However, given the very nature of the Products, the Customer acknowledges that in accordance with the provisions of the Consumer Code, he will not be able to exercise his right of withdrawal on Products that have been unsealed/opened after their delivery and which cannot therefore be marketed again by Ethereal Paris due to the hygiene or health protection risks that they present for Customers.

7.2. To make a return, it will be appropriate for the Customer to indicate to Ethereal Paris his wish to withdraw by sending any unambiguous declaration expressing his wish to withdraw or the withdrawal form attached in the appendix by email to the address contact@etherealparis.com, or within the time limit indicated, in order to receive return instructions.

7.3. It is then up to the Customer to return the Products to Ethereal Paris, in their packaging and in their original condition, suitable for new marketing, as soon as possible and within fourteen (14) days from receipt of the parcel and to have the proof of deposit stamped, which he will keep.

7.4. In the event of an exercise of the right of withdrawal in accordance with the provisions above (deadline and terms of return), Ethereal Paris will reimburse the Customer for all sums paid, when Ethereal Paris has received the Products or proof of the shipment of said Products by the Customer, the date chosen being that of the first of these events. Reimbursement will be made by reimbursing the amount debited from the account corresponding to the Customer's means of payment which was used to pay for the order on the Site.

7.5. Conversely, if the Product is not returned by the Customer within fourteen (14) days from receipt of the Product, or if the Product is not returned in the condition described above (e.g. example if a Product has been opened or if it is no longer the original packaging), Ethereal Paris reserves the right to refuse this return and not to reimburse the Customer.

Complaint / Customer Service

For any information or general questions, an FAQ is available on the Site.

For any specific questions or complaints, Sleeping Club provides the Customer with Customer Service by email: contact@etherealparis.com

The average response time is 3 working days.

Guarantees Lack of conformity and hidden defects

9.1. To enable Ethereal Paris in particular to take any action against the service provider in charge of delivery, the Customer is required to notify Ethereal Paris of any reservations about the package and the Products (for example: damaged package, already opened, missing parts ) within the week following receipt of the Product.

9.2. In addition, the Customer benefits from the legal guarantee of conformity and the guarantee against hidden defects.

It is recalled that when the consumer acts under a legal guarantee of conformity:

- He benefits from a period of 2 years from the delivery of the property to act

- He can choose between repairing or replacing the good, subject to certain cost conditions provided for by article L.217-9 of the Consumer Code

- It is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods

The legal guarantee of conformity applies independently of any commercial guarantee granted.

You can decide to implement the guarantee against hidden defects within the meaning of article 1641 of the civil code. In this hypothesis, you can choose between canceling the sale or reducing the sale price (article 1644 of the civil code).

9.3. To implement these two guarantees, it is up to the Customer to send a complaint to Ethereal Paris by email demonstrating the non-conformity and/or hidden defect of a Product. Concerning the demonstration of the hidden defect in particular, the Customer must demonstrate the following elements: (i) a hidden defect, that is to say not apparent when ordering, (ii) making the Product unfit for the use for which it is intended or very greatly reduced its use and which (iii) existed at the time of the order.

It is specified that the scope of these guarantees does not include alterations in color or the appearance of stains, breakdowns, malfunctions or breakages resulting from a fall, a fortuitous event or force majeure. , improper handling, lack of maintenance by the Customer or non-compliance with the rules for use and maintenance of the Products.

If the Product turns out to be defective, the Customer will have the choice of keeping said Product and requesting a price reduction or returning the Product and being refunded.

Any return of Products (non-conformity or defect) is made in accordance with the conditions for returning Products as provided below in the article  “ Rights and withdrawal periods”.

Intellectual property

10.1. All elements reproduced on the Site, and in particular but not exclusively the texts, comments, works, illustrations, images, photographs and brands are protected under intellectual property belonging to Ethereal Paris or its partners. Any total or partial reproduction of the elements accessible on the Site is strictly prohibited.

10.2. Ethereal Paris offers the Customer the possibility of writing reviews on the products purchased or on the Ethereal Paris brand. The Client grants Ethereal Paris the right to publish his comments and the right to insert them in whole or in part in any medium, in any language, and throughout the world. It is agreed that the comments are written free of charge and that Ethereal Paris may dispose of them without financial compensation.

Signature and proof

11.1. Ethereal Paris implements the necessary means to protect Customers' personal information by ensuring a high level of security, but the Customer also has a role in protecting their personal data. The Customer must in particular maintain the security of his online transactions, for example by not communicating his Identifiers to anyone and by regularly changing his password. As such, Ethereal Paris cannot be responsible for the disclosure of information concerning the Client to any individual who has used his identifier (email address of the Client) and/or his password. The use of the Identifiers will constitute proof of identity, and payment, upon validation of the order, of the corresponding sums.

11.2. The provision of the bank card number and the final validation of the subscription to an order for Products will constitute proof of acceptance of said order and will constitute payment of the sums committed under the order. The computerized records kept in the computer systems of Ethereal Paris and its partners will be considered as proof of communications, Orders and payments made between the Parties.

11.3. The Client acknowledges that exchanges between him and Ethereal Paris will be mainly electronic (by email) except in the present specific cases provided herein or required by law and expressly accepts that invoices are sent to it by email.

11.4. The archiving of information relating to orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1358 of the Civil Code. It is understood between the parties that the choice of method of exchange and signature constitutes an agreement on proof within the meaning of article 1368 of the Civil Code. Information attached to an order of an amount equal to or greater than  € 120 is kept for 10 years.

Deactivation of customer account

12.1. Non-compliance by the Customer with the obligations subscribed to under the terms of these General Conditions, any fraudulent incident of payment of the price of an order, actions contrary to the law in the interests of Ethereal Paris, the communication of erroneous information during the creation of the account, may result in the suspension of access to the Site, or even the termination of the account, of an order depending on the degree of seriousness of the actions in question, without it being possible to claim damages or interest. compensation, whatever it may be, to Ethereal Paris.

12.2. Ethereal Paris reserves the right to refuse any order from a Customer with whom there is a dispute of this nature, even if the Customer uses a new account. Ethereal Paris cannot then be held responsible for any damage suffered by the Client.

Responsibility

13.1. Ethereal Paris cannot under any circumstances be required to verify the legal capacity of its Clients. Consequently, if a Customer who does not have legal capacity wishes to order on the Site, his or her legal guardians (parents, guardians, in particular) assume full responsibility for this Order and must in particular honor the price.

13.2. Ethereal Paris undertakes to make its best efforts for the proper execution of the obligations resulting from the contract. Within the limits provided by the Law, the liability of Ethereal Paris is limited to direct material damage, to the exclusion of any indirect damage of any nature whatsoever. Ethereal Paris cannot be held liable for any damage suffered by the Client or by a third party resulting directly or indirectly from non-compliance by the Client with any of its obligations, from negligence, from use of the Non-compliant products in particular for purposes other than those indicated on their packaging or on the Site, non-compliance with the conditions of conservation or use beyond the date indicated after opening or in the event of delay or failure to its obligations due to a cause outside its control such as a fortuitous event or force majeure as defined by the French Courts. In addition, Ethereal Paris cannot be held liable in the event of minor differences between the image of the Products or the texts displayed on its Site and the Products delivered.

13.3. If the Site contains information from third parties, and links to other websites. Ethereal Paris does not control the accuracy of the information contained therein or its content. Consequently, Ethereal Paris cannot under any circumstances be held responsible for damages resulting from the use, access to, or inability to use this third-party information, nor from the content of other websites.

13.4. The total amount of compensation and any sum charged to Ethereal Paris for any order may not exceed the total amount of the price paid by the Customer for the Order concerned. Any claim against Ethereal Paris must be made within the month following the occurrence of the event, the subject of the claim.

13.5. Notwithstanding the foregoing, the limitations of liability are inapplicable in the event of fraud or gross negligence, in the event of bodily injury or liability due to defective products, in the event of eviction and in the event of non-compliance or defects. hidden.

Personal Information

In accordance with the Data Protection Act of January 6, 1978, and regulation 2016/679 of April 27, 2016, the Customer has the right to access, rectify and oppose data concerning him. He may also exercise his right to limitation of processing, erasure of his data, portability of his data and not to be the subject of an automated individual decision, including profiling.

General provisions

15.1. At any time Ethereal Paris may decide to place advertising spaces on the Site. Ethereal Paris enjoys total freedom when it comes to the choice of its advertisers, the types of display of advertisements but also their position on the Site.

15.2. If one or more stipulations of the General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their validity. strength and scope.

15.3. The General Terms and Conditions as well as the execution of the Order are subject to French law. Any dispute relating to the execution of the Order or the interpretation of these General Terms and Conditions may be brought before the consumer mediator, as provided for by provisions L611-1 et seq. of the Consumer Code and on the Site. In the absence of agreement through this procedure, the dispute will be submitted to the competent court of the place where the Customer resides, or of the place of execution of the service or of the place of the damaging event or that in the jurisdiction of which the damage was suffered, at the Customer's choice.

ANNEX 1 

Withdrawal form

(Article L221-21 of the Consumer Code)

I hereby notify you of my withdrawal from the contract of sale of the property(s) below:

Date of receipt of the order: ______/______/______

  Customer's first and last name: ____________________________________________________

Number and street : ______________________________________ ___________________________

  ZIP code :___________________________________________

Article reference: _________________

Article reference: _________________

Article reference: _________________

 Date and signature of the client: Genre