OVERVIEW

This website is operated by ESALAD. On this site, the terms "we," "us," and "our" refer to ESALAD. ESALAD provides this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("Terms of Service", "Terms and Conditions", "Terms"), including those additional terms, conditions, and policies referenced herein and/or accessible via hyperlink. These Terms of Service apply to all users of this site, including but not limited to users who browse the site, are sellers, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any services offered on the site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. All new features and tools added to this store in the future will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of the website or access to it after the posting of any modifications constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services.

ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE

By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor under your care to use this website. The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any other code of a destructive nature. Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding your credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Conditions.

ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete, or current. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. If you choose to rely on the content on this site, you do so at your own risk. This site may contain certain historical information. Historical information, by nature, is not current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products may be subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

ARTICLE 5 – PRODUCTS

Certain products may be exclusively available online on our website. These products may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy: (a) shipping costs for returning one or more products are the responsibility of the Customer; (b) shipping costs for the return of one or more products following an exchange validated by our after-sales service are at our expense. We have made every effort to display as accurately as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and prices of products can be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law. We do not warrant that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

ARTICLE 6 – WARRANTY

Björn products benefit from the legal warranty regime if the product has been used under normal conditions. Article L211-4 of the Consumer Code The seller is obliged to deliver a product in accordance with the contract and is responsible for any conformity defects existing at the time of delivery. The seller is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these have been charged to the seller by the contract or have been carried out under their responsibility. Article L211-5 of the Consumer Code To be in conformity with the contract, the product must: 1. Be fit for the usual expected use of a similar product and, if applicable: - correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; - have the qualities that a buyer can legitimately expect based on public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2. Or have the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, communicated to the seller, and accepted by the seller. Article L211-9 of the Consumer Code In case of non-conformity, the buyer can choose between repairing and replacing the product. However, the seller may not proceed according to the buyer's choice if this choice involves a cost that is clearly disproportionate compared to the other option, taking into account the value of the product or the significance of the defect. In that case, the seller must proceed, unless impossible, according to the option not chosen by the buyer. Article L211-10 of the Consumer Code If repair and replacement of the product are impossible, the buyer can return the product and get a refund or keep the product and receive a partial refund. The same option is available to the buyer: - If the requested, proposed, or agreed-upon solution under Article L. 211-9 cannot be implemented within one month following the buyer's complaint; - Or if this solution cannot be implemented without major inconvenience for the buyer, considering the nature of the product and the intended use. However, the sale resolution cannot be pronounced if the non-conformity defect is minor. Article L211-12 of the Consumer Code The action resulting from a conformity defect is subject to a two-year prescription period from the delivery of the product. Article 1641 of the Civil Code The seller is liable for hidden defects in the sold item that render it unfit for the intended use or that significantly reduce its use to the point that the buyer would not have acquired it or would have paid a lower price if aware of them. Article 1648, paragraph 1 of the Civil Code The action resulting from redhibitory defects must be initiated by the buyer within a period of two years from the discovery of the defect.

 

ARTICLE 7 – INVOICE ACCURACY AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all orders placed at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please refer to our Return Policy.

ARTICLE 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor influence. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no legal liability resulting from or related to the use of these optional third-party tools. If you use the optional tools provided on the site, you do so at your own risk and discretion, and you should review the terms under which these tools are offered by the respective third-party provider(s). We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these General Terms and Conditions of Sale and Use.

ARTICLE 9 – THIRD-PARTY LINKS

Some content, products, and services available through our Service may include materials from third parties. Links from third parties on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of these sites, and we do not guarantee and assume no responsibility for any content, website, product, service, or other items accessible on or from these third-party sites. We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.

ARTICLE 10 – USER COMMENTS, SUGGESTIONS, AND OTHER USER PROPOSALS

If, at our request, you submit specific content (for example, to participate in contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comments that you send us. We are not and shall not be obligated (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any provided comments; (3) to respond to comments. We may, but have no obligation to, monitor, edit, or remove content that we, in our sole discretion, consider to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale and Use. You agree to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, and they will not contain computer viruses or other malicious software that could affect the operation of the Service or any other associated website. You may not use a false email address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We assume no responsibility and disclaim any commitment regarding any comments you post or that any other third party posts.

ARTICLE 11 – PERSONAL INFORMATION

The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

There may be occasional information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any associated website is inaccurate at any time without prior notice (including after you have placed your order). We are not obligated to update, amend, or clarify information in the Service or on any associated website, including but not limited to information on pricing, unless required by law. No specified update or refresh date in the Service or on any associated website should be taken to indicate that all information in the Service or on any associated website has been modified or updated.

ARTICLE 13 – PROHIBITED USES

In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage third parties to engage in illegal acts or participate in them; (c) to violate any local ordinance or any law, rule, or international, federal, provincial, or state regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to compromise the functionality or operation of the Service or any other associated website, independent, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, extort information, crawl, scrape, explore, or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to infringe or bypass the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

ARTICLE 14 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee or claim in any way that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without prior notice to you. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service, as well as all products and services provided to you through the Service, are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement. ESALAD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether contractual, tort (including negligence), strict liability, or otherwise, arising from your use of any service or product from this Service or in connection with any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 15 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ESALAD, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, regarding any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these General Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 16 – SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale and Use is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of Sale and Use; such severance shall not affect the validity and enforceability of all other remaining provisions.

ARTICLE 17 – TERMINATION

The obligations and responsibilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes. These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If we determine, at our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice, and you will remain responsible for all amounts due until the date of termination (inclusive), and/or we may deny you access to our Services (or any part of them).

ARTICLE 18 – ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision. These General Terms and Conditions of Sale and Use or any other operating policy or rule that we post on this site or related to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior communications, proposals, and agreements, oral or written, between you and us (including, but not limited to, any previous version of the General Terms and Conditions of Sale and Use). Any ambiguity in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.

ARTICLE 19 – APPLICABLE LAW

These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with services, shall be governed and interpreted under the prevailing laws.

ARTICLE 20 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the posting of any modifications to these General Terms and Conditions of Sale and Use constitutes acceptance of those modifications.

ARTICLE 21 – SHIPPING FEES

The shipping fee policy is as follows. We reserve the right to modify shipping fees at any time.

France (order >50€): Free standard delivery, express delivery 9.90€ France (order <50€): Standard delivery 6.90€, express delivery 14.90€ Europe (Zone 1 and 2): Standard delivery 14.90€, express delivery 29.90€ Europe (Zone 3 and 4): Standard delivery 19.90€, express delivery 49.90€ Rest of the world (minimum order 500€): Standard delivery 199.90€, express delivery 399.90€

The zones are defined as follows:

- Zone 1: Germany, Belgium, Netherlands, Luxembourg

- Zone 2: Austria, United Kingdom, Spain (excluding specific territories), Portugal (excluding specific territories), Ireland, Italy

- Zone 3: Estonia, Hungary, Latvia, Lithuania, Czech Republic, Slovakia, Slovenia, Switzerland, Denmark, Poland, Sweden

- Zone 4: Specific territories of Spain (Balearic Islands, Canary Islands, Ceuta, Melilla), Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania

ARTICLE 22 – CONTACT DETAILS

Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at support@bjorn.shop.