Terms of sale

ARTICLE 1 – PURPOSE

These General Terms and Conditions of Sale and Use (hereinafter the “Terms and Conditions”) are intended to define the conditions under which the website provides, on the one hand, access to and use of its content, and on the other hand, the online sale of products offered by the website publisher.

They apply, without restriction or reservation, to any use of the website and to any order placed by a customer through the website.

Any use of the website and any order placed implies full and unconditional acceptance of these Terms and Conditions.

ARTICLE 2 – IDENTIFICATION OF THE SELLER

The website is published by ÉON, Sas, a company incorporated under the laws of France, with registered office at 137, Rue de Triviers – 73190 Challes-les-Eaux, registered with the Chambéry Trade and Corporate Register under unique identification number 104557467.

The full contact details of the publisher are provided in the Legal Notice available on the website.

ARTICLE 3 – SCOPE OF APPLICATION

These Terms and Conditions set out the entirety of the obligations of the parties. In this respect, the Buyer is deemed to accept them without reservation.

The Terms and Conditions apply to all sales of products concluded through the website www.maison-eon.com(hereinafter the “Website”). They do not apply to sales made in physical stores or through other sales channels.

The Terms and Conditions are accessible at any time on the Website and shall prevail over any other document. They exclusively govern the relationship between ÉON (hereinafter the “Seller”), and any adult individual making a purchase via the Website (hereinafter the “Buyer”).

These Terms and Conditions are drafted in the French language and apply to sales concluded within the territory of the European Union.

ARTICLE 4 – ACCESS AND USE OF THE WEBSITE

The Website is accessible free of charge to any user with an internet connection. Any costs related to accessing the Website (computer equipment, internet connection, etc.) remain the responsibility of the user.

The user agrees to use the Website in accordance with applicable laws and regulations, as well as with these Terms and Conditions. In particular, the user agrees not to engage in any use that may impair the proper functioning of the Website, compromise data security, or infringe upon the rights of the Seller or third parties.

The Seller reserves the right to suspend or restrict access to the Website, without prior notice, in the event of use that does not comply with these Terms and Conditions or in the event of any attempt to interfere with the operation of the Website.

The Seller shall not be held liable for interruptions, malfunctions, or temporary unavailability of the Website, particularly in the event of maintenance operations or force majeure.

ARTICLE 5 – USER OBLIGATIONS

The user agrees to use the Website in a fair manner and in compliance with applicable laws and regulations, as well as with these Terms and Conditions.

In particular, the user agrees not to:

  • interfere with the proper functioning of the Website;

  • attempt to gain unauthorized access to data or computer systems;

  • use the Website for unlawful purposes or purposes contrary to public order;

  • infringe the intellectual property rights of the Seller or of third parties.

The user is solely responsible for the information they provide on the Website and for the consequences of its use.

In the event of a breach of these obligations, the Seller reserves the right to suspend or restrict access to the Website, without prejudice to any other action that may be taken.

ARTICLE 6 – PRODUCTS

The products offered for sale on the Website are those described on the Website at the time of consultation by the Buyer, subject to availability. Some products may be offered in limited editions or as unique pieces.

Each product is accompanied by a description and photographic representation that is as accurate as possible. However, photographs and visuals displayed on the Website may vary due to technical limitations in the rendering of colors on the Buyer’s computer or device. Such visuals are provided for illustrative purposes only and are not contractually binding.

Due to the artistic, artisanal, or technical nature of certain products, slight variations in colors, materials, textures, or finishes may exist between the visuals presented and the delivered product without affecting the conformity of the product.

The Seller reserves the right to modify the assortment of products offered for sale at any time, without prejudice to orders that have already been confirmed.

ARTICLE 7 – ORDERS

The Buyer places an order on the Website by following the online ordering process in force.

Any order constitutes acceptance of the prices and descriptions of the products available for sale, as well as of these Terms and Conditions.

An order is considered final once the payment has been validated by the Buyer and the order has been confirmed by the Seller via email.

In order to ensure better service quality and product availability for all buyers on the Website, the Seller reserves the right to limit the quantity of products that may be purchased by a Buyer, in accordance with applicable legal provisions, including Article L.121-11 of the French Consumer Code.

In accordance with this article, the Seller reserves the right not to accept an order from a Buyer with whom there is an ongoing dispute relating to a previous order, or if the Seller reasonably believes that the Buyer has violated these Terms and Conditions, engaged in fraudulent activity, or for any other legitimate reason.

In the event that a product becomes unavailable after an order has been placed, the Buyer will be informed as soon as possible and may receive a refund without undue delay.

ARTICLE 8 – PRICES

Product prices are indicated in euros (€), including all applicable taxes (VAT included), excluding shipping costs.

When products are displayed in a currency other than the euro, prices are converted for informational purposes only according to the exchange rate applicable at the time of display. The currency used for invoicing and payment is the one indicated at the time the order is confirmed.

Any exchange rate fluctuations occurring after the confirmation of the order shall not engage the liability of the Seller.

Shipping costs are indicated to the Buyer before the final confirmation of the order.

The Seller reserves the right to modify its prices at any time. However, products will be invoiced on the basis of the prices in effect at the time the order is confirmed.

In the event of a manifest error in the displayed price, the Seller reserves the right to cancel the order after informing the Buyer.

ARTICLE 9 – PAYMENT

Payment for products is made online at the time the order is placed.

The accepted payment methods are those offered on the Website at the time the order is confirmed.

Payment is due immediately upon ordering. The order is considered validated once payment has been confirmed by the banking institution.

Transactions carried out on the Website are secured through an online payment system that complies with applicable security standards. Payments are processed via secure payment providers selected by the Seller.

In the event of payment refusal or payment incident, the order will be automatically cancelled.

ARTICLE 10 – DELIVERY TERMS

Products are delivered to the address provided by the Buyer at the time of the order. The Buyer is responsible for ensuring that this address is accurate.

The Seller delivers orders to the geographic areas indicated on the Website at the time the order is placed.

Delivery times are provided for informational purposes at the time the order is confirmed. The Seller undertakes to make its best efforts to comply with these delivery times, without these times constituting a firm commitment.

For deliveries outside the European Union, customs duties, local taxes, or import charges may be required by the competent authorities of the destination country. These charges and related formalities are the sole responsibility of the Buyer.

The Seller shall not be held liable for delays, blockages, delivery refusals, or additional costs resulting from customs clearance procedures or decisions made by customs authorities.

Exceeding the estimated delivery time indicated at the time of the order shall not, in itself, result in the cancellation of the order, nor give rise to a reduction in the price paid by the Buyer or to the payment of damages.

In accordance with applicable legal provisions, in the event of a delivery delay exceeding a reasonable period, the Buyer may exercise the rights granted under the French Consumer Code.

The Buyer must check the conformity of the delivered products at the time of delivery, in the presence of the carrier and before signing the carrier’s delivery note and providing their verification code. This verification is deemed to have been carried out once the Buyer, or a person designated by them, has signed the delivery note. No claim regarding the condition of the delivered package(s) will be accepted thereafter. If, at the time of delivery, the original packaging is damaged, torn, or opened, the Buyer must check the condition of the items. If they have been damaged, the Buyer must refuse the package.

The risk of loss or damage to the products is transferred to the Buyer upon receipt of the products.

ARTICLE 11 – RIGHT OF WITHDRAWAL, RETURNS AND REFUNDS

11.1 RIGHT OF WITHDRAWAL

In accordance with the provisions of the French Consumer Code, the Buyer has a period of fourteen (14) days from the receipt of the product to exercise their right of withdrawal, without having to provide any reason and without incurring any penalties.

To exercise this right, the Buyer must notify the Seller of their decision to withdraw by means of an unambiguous statement sent by email before the expiry of the above-mentioned period.

In the event that the right of withdrawal is exercised, the Buyer must return the relevant product(s) within fourteen (14) days following the communication of their decision to withdraw. The products must be returned in their original condition, undamaged, unworn, unused, with the tag still attached, and accompanied by all related elements (packaging, accessories). Any package returned after the stated deadlines or not complying with the above requirements will be refused and returned to the Buyer. An email will then be sent to the Buyer informing them accordingly.

Products that are damaged, soiled, worn, have odors, or are incomplete will not be accepted.

Return shipping costs are the responsibility of the Buyer, except in the case of defective or non-conforming products.

Products purchased during promotional operations, private sales, or clearance sales are subject to the same return conditions as other products, unless expressly stated otherwise on the product page.

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in particular for products made according to the Buyer’s specifications or clearly personalized, made-to-measure products, original artworks, as well as products offered as unique pieces or in very limited editions.

To exercise this right, the Buyer may contact the Seller via:

The Buyer must return the product(s) to the following address:

ÉON

137, Rue de Triviers

73190 Challes-les-Eaux

France

The Seller will reimburse the amounts paid, excluding delivery costs, within fourteen (14) days from the recovery of the products or from the provision by the Buyer of proof that the product has been shipped back, whichever occurs first.

11.2 RETURN POLICY

Independently of the exercise of the right of withdrawal provided for in Article 11.1, the Seller accepts, as a commercial gesture, returns of products within fourteen (14) days from the date of receipt of the product.

Products returned under this policy must be in their original condition, unworn, unused, clean, and accompanied by all related elements (tag still attached, packaging, accessories).

Return shipping costs are the sole responsibility of the Buyer.

Any return that does not comply with the above conditions may be refused by the Seller.

Subject to compliance with the above conditions, the refund for the returned product will be issued within fourteen (14) days from the date it is received by the Seller, using the same payment method as the one used for the original order.

To request a return, the Buyer may access their customer account and select the “Request a return” option.

ARTICLE 12 – ORIGINAL ARTWORKS

12.1 INTELLECTUAL PROPERTY – ORIGINAL ARTWORKS

The artworks offered for sale on the Website are original works within the meaning of the French Intellectual Property Code, created by the Artist and published by the company ÉON.

The purchase of an artwork, whether a photographic print or any other artistic creation, does not result in the transfer of any intellectual property rights to the Buyer.

In accordance with the provisions of the French Intellectual Property Code, the Artist retains the entirety of the economic and moral rights attached to the artwork, including, but not limited to, the rights of reproduction, representation, adaptation, and distribution in any form whatsoever.

Any reproduction, representation, modification, or exploitation of the artwork, in whole or in part, without the prior written authorization of the Artist and the Seller, is strictly prohibited and may result in legal action.

Unless otherwise stated, artworks are offered as limited editions, numbered and signed. The essential characteristics of each artwork (title, technique, format, year of creation, number of editions) are specified on the corresponding product page.

12.2 RIGHT OF WITHDRAWAL – ORIGINAL ARTWORKS

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to artworks produced in limited editions, numbered and signed, when they are produced or prepared specifically for the Buyer.

Consequently, original artworks sold on the Website cannot be returned or refunded, except in the case of a proven defect or damage identified upon delivery.

ARTICLE 13 – LEGAL WARRANTIES OF CONFORMITY AND HIDDEN DEFECTS

The products sold on the Website benefit from the legal warranty of conformity provided for in Articles L217-3 and following of the French Consumer Code, as well as the warranty against hidden defects provided for in Articles 1641 and following of the French Civil Code.

Under the legal warranty of conformity, the Buyer has a period of two (2) years from the delivery of the product to take action.

The Buyer may choose between repair or replacement of the product, subject to the conditions provided by law.

The warranty against hidden defects allows the Buyer to act within a period of two (2) years from the discovery of the defect in order to obtain the cancellation of the sale or a reduction of the purchase price.

These warranties apply independently of any commercial warranty that may be granted.

In the event of non-conformity, the Buyer may contact the Seller via:

In accordance with Article 1641 of the French Civil Code, the Seller undertakes to provide the Buyer with a product free from hidden defects that would render it unfit for its intended use, or that would diminish such use to the extent that the Buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defect.

The warranty against hidden defects applies provided that the defect existed prior to the sale and does not result from abnormal use, negligence, or improper maintenance of the product by the Buyer.

ARTICLE 14 – LIABILITY

The Seller shall not be held liable for any indirect damages that may arise from the use of the Website or the purchase of products, including but not limited to loss of revenue, loss of data, or commercial loss.

The Seller shall not be held liable for any failure or improper performance of the contract attributable to the Buyer, to an unforeseeable and unavoidable act of a third party, or to a case of force majeure.

The Seller shall not be held liable for interruptions, malfunctions, or temporary unavailability of the Website, particularly in the event of maintenance operations or technical issues beyond its control.

ARTICLE 15 – INTELLECTUAL PROPERTY

All elements present on the Website, including but not limited to texts, images, photographs, illustrations, videos, graphics, logos, distinctive signs, trademarks, domain names, as well as the products themselves, are protected by copyright and intellectual property rights.

Any reproduction, representation, modification, distribution, or exploitation, in whole or in part, of the elements of the Website, by any means whatsoever, without the prior written authorization of the Seller, is strictly prohibited.

Use of the Website does not grant any transfer of intellectual property rights to the user or the Buyer.

More specifically, any user or Buyer is prohibited from manufacturing, having manufactured, selling, licensing, distributing, or marketing, directly or indirectly, for their own benefit or on behalf of a third party, any product, imitation, or reproduction likely to infringe the intellectual property rights relating to the Products and trademarks owned by the company ÉON.

ARTICLE 16 – PERSONAL DATA

Personal data collected on the Website is processed by the Seller in accordance with applicable regulations, in particular Regulation (EU) 2016/679 on the protection of personal data (GDPR) and the French Data Protection Act.

The data collected is necessary for order management, the commercial relationship, and, where applicable, for the sending of marketing communications when the user has expressly consented to receive them.

In accordance with applicable regulations, users have the right to access, rectify, object to, erase, and request the portability of their personal data.

The procedures for processing personal data and for exercising these rights are detailed in the Privacy Policy available on the Website.

ARTICLE 17 – COOKIES

The Website uses cookies and other tracking technologies to ensure its proper functioning, improve the user experience, and produce traffic statistics.

During the first visit to the Website, the user is informed of the use of cookies through an information banner and may, where applicable, accept or refuse their use.

The terms relating to the use of cookies are detailed in the Privacy Policy available on the Website.

ARTICLE 18 – FORCE MAJEURE

The performance of the Seller’s obligations shall be suspended in the event of a force majeure event as defined by French law and case law.

Force majeure events include, but are not limited to, unforeseeable, irresistible, and external events beyond the control of the parties, such as natural disasters, fires, strikes, pandemics, disruptions of transport or communication networks, or administrative decisions.

In the event of a force majeure situation, the Seller will inform the Buyer as soon as possible.

ARTICLE 19 – GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by French law.

In the event of a dispute relating to the interpretation, performance, or validity of these Terms and Conditions, and failing an amicable resolution, the French courts shall have exclusive jurisdiction, subject to any mandatory legal provisions applicable to consumers.

ARTICLE 20 – MEDIATION AND DISPUTE RESOLUTION

In the event of a dispute, the Buyer is invited to contact the Seller in priority in order to seek an amicable solution.

In accordance with the provisions of the French Consumer Code, the Buyer has the possibility of resorting, free of charge, to a consumer mediator for the purpose of resolving the dispute amicably.

For this purpose, the Seller adheres to a consumer mediation scheme whose contact details are provided upon request by the Buyer.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the Buyer may also use the European Online Dispute Resolution platform available at the following address: https://ec.europa.eu/consumers/odr

ARTICLE 21 – MODIFICATION OF THE TERMS AND CONDITIONS

The Seller reserves the right to modify these Terms and Conditions at any time.

The Terms and Conditions applicable are those in force on the date the order is placed by the Buyer.

Any updated version of the Terms and Conditions will, where applicable, be brought to the attention of users through their publication on the Website.