Conditions Générales de Vente

Thank you for visiting us.eden-park.com (the “Site”). The Site is intended exclusively for the U.S. and Canada

 

This Site is operated by FLANKER SAS also referred collectively below as “We”, “Our” and “Us”

 

These terms of use (“Terms of Use”) apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of use. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or place orders and, accordingly, you should not do so.

 

By placing an order with us or simply using our Site, you accept and agree to be bound by these general Terms of Use, our related Privacy Policy and such other policies we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these Terms and of Sale affects your statutory rights, either as a consumer or otherwise.

 

These Terms of Use shall therefore govern the sale of products by us to you, the customer (hereinafter “you, “Client”, or “Customer” as defined below), by telephone, email, and/or via our Site, and will form the basis of any contract of sale between us (“Contract”). Please read these Terms of Use carefully before placing your order as you will be deemed to be bound by them.

 

These Terms of Use shall be incorporated by reference in each single order. All other terms, conditions or representations are excluded (except as implied by statute). If there is a conflict between these Terms of Use and any document on our Site or elsewhere, these Terms shall prevail. You also acknowledge that you have not relied on any statement, promise or representation made by or given by or on behalf of us which is not set out herein.

 

We reserve the right to amend or change our Terms of Use without notice to you in relation to future orders. You should ensure that before placing an order with us, you have read our current Terms of Use which are always available on our Site and incorporated by reference in each single order.

1. AGE RESTRICTIONS

You must be at least 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site.  If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to Us, make a purchase on the Site nor register on the Site.  This Site is not directed to children under 13 years old.  By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use.

2. APPLICABLE PRIVACY POLICY INCORPORATED BY REFERENCE

We believe that personal privacy issues are important, so we developed a Privacy Policy to explain how we collect, use and disclose information and content. Our Privacy Policy forms part of our agreement with you and is incorporated in these Terms and Conditions of Sale by reference. For full details, please refer to our Privacy Policy located on our Site and available here.

3. ACCOUNT

You may choose a username (email address) and secured password to create a customer account. You must not share your username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly notify Us of any actual or suspected unauthorized use at us.contact@eden-park.com

4. SECURITY

You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Site or of the networks connected to the Site, and to abide by all security policies adopted by the Site. You acknowledge and agree that, for security purposes, We may monitor your account and your access to and use of the Site. We may at any time terminate or suspend your access to the Site if We consider appropriate or necessary in our sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms of Use, or to protect intellectual property.

5. CUSTOMER CONTENT

You may post comments and reviews on the Site ("Customer Content"), subject to the rules established herein, as those rules might change from time to time. You must not post any Customer Content that is offensive, profane, indecent, obscene, threatening, abusive, libelous or illegal. Your Customer Content must not violate, plagiarize or infringe the rights of others, and you will indemnify Us and hold Us harmless from all losses, claims, damages and expenses arising from your Customer Content.

You grant Us a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon your Customer Content, and (ii) reproduce, display and distribute your Customer Content, modified versions of your Customer Content and derivative works based upon your Customer Content. We may review Customer Content prior to, or at any time after the Customer Content is first displayed on Site. We may refuse to display, and may at any time cease the display of any Customer Content. No display of any Customer Content is a waiver of our right to cease the display of that Customer Content. Our right to review, refuse and cease the display of Customer Content is not an assumption of any responsibility by Us for Customer Content.

6. THIRD PARTY WEBSITE

You may be able to link to third party websites, services or resources on the Internet from the Site, and third party websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

7. REVIEWS AND COMMENTS

The Site includes information provided by its customers, such as comments and product reviews. The Site is not in any way responsible for such information and does not warrant its accuracy. Your use of this information is at your own risk.

8. SALES
   1. Products Description & Availability

The Product proposed for sale are those displayed on Site at the time of visit with inventory availability. We do our best efforts to have the most accurate product description. However, the pictures presenting the Products are only descriptive and do not constitute a contract term, because the colors and display rendering may vary based on Client’s computer screen.

 

We have made every effort to ensure that the Products displayed on our Site and/or catalogues or promotions sent via email conform to the descriptions and actual photographs of our Products. As stated above, the colors, specifications, dimensions and descriptions (please note all images are for illustration purposes only) of items are quoted as accurately as possible. The colors you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor's display of any color will always reflect accurately the color of the Products delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed without prior notice.

 

Products are proposed until inventory lasts. No warranty is provided on availability on products displayed on Site at a given time. In case a product may become unavailable while placing an order, Client will be informed as soon as possible by e-mail that the order is cancelled or partially cancelled.

1. Price

 

The description of the Products will be as shown on our Site at the time you place your order. All prices of the Products are listed in US Dollars ($) or Canadian Dollars ($), exclusive of applicable taxes, duties and shipping or delivery costs. Applicable taxes, duties, shipping and/or delivery cost will be calculated at checkout or on your Order Confirmation. Our shipping and delivery costs may change from time to time. Canadian Dollars are displayed as $ CAD during checkout.

 

We reserve the right, and Client accepts, to modify Product and Shipping prices at any time. These updates shall not modify prices of orders placed before the change.

 

Every effort is made to ensure that the prices of our Products shown on our Site are accurate at the time you place your order. If an error is found, either before or at the time of our acceptance of your order, we shall contact you either by telephone or by email using the telephone number or email address you provided to us at the time of your order. You shall have the option to either re-confirm your order at the correct price or to cancel your order. We shall not process your order until you have provided either verbal or written re-confirmation to us of your order at the correct price.

 

More generally, pricing errors, out-of-stock and other errors may occasionally occur. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we are very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.

1. Property transfer

Product property is transferred to Client only after full payment by Client on Site. Accordingly, legal title to the Products shall not pass until we have received payment in full in cleared funds.

1. Order process

• Site visit: Client may navigate Site to view Products with no obligation to buy.
• Placing an order: it is specified that sales are restricted to personal use of Client and not related to resale or professional activities. Orders may be limited to a maximum quantity of 5 for a product in the same color and size by order, and total price for an order of a maximum of $2,000. Other restrictions may apply on an ad hoc basis.
• Address of delivery: Client may place an order on our Site only for U.S and Canada. delivery with a valid and complete US or Canada address only. Deliveries made to Po Boxes may be rejected at our sole discretion. Any other country will be rejected.
• Order confirmation: the order will be considered final and paid once Client receives an e-mail confirmation of shipment.

For clarity purposes, each Order for Products by you to us shall be deemed to be an offer by you to purchase Products subject to these Terms of Use; all Products being subject to availability.

 

No Contract exists between you and us, for the sale of any Products until we have received and accepted your order and full related payment and sent you confirmation in writing (“Order Confirmation”) to the email address you gave at the time of your Order. At the time of our acceptance, there is a legally binding Contract between you and us and payment shall be taken by the method you selected at the time of your Order prior to dispatch.

1. Payment

Client shall pay in full its order during checkout on our Site. Client shall pay with its credit or debit card or via Paypal. A Debit or Credit card payment requires entry of card number, expiration date, full name as it appears on the card and visual cryptogram (3 or 4 digit on the back of card). As the case may be the billing address may be requested as well. No check payment or any payments on delivery are accepted.

 

The price you pay for the Products shall be the price stated in the Order Confirmation. You will be charged for the Products either at the same time or after we have sent out the Order Confirmation. No payment shall be deemed to have been received by us until we have received cleared funds for your total Order. Unless agreed or provided otherwise, all Payments are due in full upon receipt of the Order Confirmation and before any dispatch is made.

 

We reserve the right to cancel any orders, for any legitimate reasons including but not limited to case of fraud, suspicious activities, history of Client, payment issues, inventory issues, force majeure, etc.

 

Client guarantees it has full right to use the chosen payment method used on Site to place an Order. In case the payment is rejected by the bank or credit card processing agent system or Paypal, order shall be automatically cancelled.

 

Client is advised to print or save the summary of the order. The information related to Client order are registered and stored on our Site by FLANKER SAS and its bank. This transaction registry will be considered by the Parties to be the valid proof of the related transaction.

1. Shipping and Returns

Delivery of the Products shall be deemed to have taken place on delivery of the Products to the address specified by you on your Order (“Delivery Address").

 

You must provide us with a Delivery Address (in addition to a billing address) at the time of your Order. The Order Confirmation shall prompt you to check that your Delivery Address is correct but it is your responsibility to check that the Products will be delivered to the correct address. You can amend the Delivery Address by contacting us either by telephone or by email from the time you place your Order until we have sent the Dispatch Confirmation. We reserve the right to charge additional delivery charges if you change your Delivery Address at short notice.

 

If you give us specific delivery instructions in your Order to leave the Products at a neighboring address or other place you nominate without obtaining a signature, the Products are delivered entirely at your own risk and we will not accept responsibility for any loss or damage suffered.

 

If you have not given us specific delivery instructions in your Order (or prior to us sending you the Dispatch Confirmation) and your Products are passed to a collection facility, it is your responsibility to arrange for collection or re-delivery. The Products will be entirely at your own risk and we will not accept responsibility for any loss or damage suffered.

 

In the event that you fail to promptly (within 5 business days) collect the Products from us after two delivery attempts, we reserve the right to dispose of the Products without any liability or notice to you.

 

We shall not be liable for any delay in delivery or failure of delivery of the Products that is caused by an event or circumstance that is beyond our reasonable control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

 

The risk in the Products shall pass to you on completion of delivery.

 

We will ship by the method we deem most appropriate using standard commercial packaging. You agree to pay all transportation charges and costs associated with shipment of the Product, including any special packaging requested or required under the circumstances.

 

We will use commercially reasonable efforts to deliver the Products by the estimated delivery date, indicated on the order confirmation, which is given for information purposes only, if any; however, shipment of Products is subject to availability, and we EXPRESSLY DISCLAIM LIABILITY FOR ANY FAILURE TO MEET SUCH DELIVERY DATES.

 

The receipt and acceptance of the Product by you, shall be deemed approval of the actual delivery time. In the event of a late delivery, you may notify us by email or telephone. If no delivery has occurred within 10 business days past that first late delivery notice, your sole recourse may then be to notify us that the related order is canceled and terminated, effective immediately upon receipt of that termination notice, provided however that no Product has been prepared or shipped already by us.

9. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION

YOU EXPRESSLY AGREE THAT USE OF OUR SITE, YOUR RELATED ORDER OF OUR PRODUCTS, AND USE OF OUR RETAIL ONLINE SHOPPING PLATFORM IN GENERAL IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND PRODUCTS, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND/OR ITS AFFILIATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF OUR PRODUCTS. THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE; OUR COMPANY AND/OR ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE. OUR COMPANY AND/OR ITS AFFILIATES DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHOPPING PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

NEITHER OUR COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, THE "COVERED PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, UNFORESEEABLE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ORDER OF PRODUCTS OR USE OF, OR THE INABILITY TO USE, OUR SHOPPING PLATFORM OR SERVICE. OUR LIABILITY SHALL BE STRICTLY LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS NON-CONFORMING, SUBJECT TO OUR RETURN POLICY. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL ALSO BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE. ADDITIONALLY, OUR COMPANY RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

You further agree to defend, indemnify, and hold our Covered Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of our service, order of our Products, or violation of these Terms by you or through use of your account with Us.

 

We cannot be held liable for non-compliant use of products.

 

More specifically we can not be considered responsible for (i ) loss , alteration or fraudulent personal Customer data access , (ii) the accidental transmission of viruses or other harmful elements resulting from access to the Internet or e-mail transmissions .
We do not warrant that the Site will be available continuously without temporary interruption, suspension or error free.

 

Without limiting the other provisions of the Terms of Use, Our responsibility can be accepted only if a fault is proven attributable exclusively to Us. In any event, it will be limited to direct damage.

 

We reserve the right to suspend the operation of the Site.

10. FORCE MAJEURE

We cannot be held liable for the total or partial non-performance of its obligations to, if such non-performance is due to unforeseeable circumstances or the occurrence of an element of force majeure as including, without this list is not exhaustive, acts of God or government, natural disasters including but not limited to flood, fire, storm, lack of raw materials, transport strike, or partial strike or lockout, labor disputes, terrorism, failure or delay of transportation, epidemic disease or pandemic disease, lockdown orders or governmental order requiring confinement restrictions. These events are a cause for suspension and / or termination of Our obligations to the Client, without compensation to the Client.

 

Aside from the above exceptional circumstances, we will always try to procure our best efforts to accommodate our Client, but there may be some instances or situations where due to unforeseen circumstances, beyond our control we may also have to extend the delivery period, suspend our execution of Order(S) or cancel and terminate an Order, without any liability for any compensation in damages. We will nevertheless procure our best commercial efforts to keep our clients promptly inform of any such situations.

11. INTELLECTUAL PROPERTY

Intellectual property rights of all content and the products sold on the Site are and remain the exclusive property of its owner, including but not limited to Eden Park. All usage rights are expressly reserved to Eden Park. Under these conditions, no one is allowed to reproduce, distribute or use for any purpose whatsoever, even partially, the intellectual property rights and related copyrighted materials without the prior written consent of Eden Park. The trademarks and logos are trademarks of Eden Park. Any reproduction is therefore an infringement. We along with our Affiliates, reserve all rights that are not expressly granted to you hereunder. More specifically, we are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Use.

12. ENTIRE AGREEMENT AND SEVERABILITY

These Terms of Use represent the entire agreement between you and Us as parties with respect to the subject matter hereof and all other understandings and agreements relating thereto, whether written or oral, including but not limited to all requests for proposal, proposals, payments or other forms, are nullified and superseded hereby. Whenever possible, each provision shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision hereunder is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions.

13. NO ASSIGNEMENT

The rights and obligations hereunder are personal to each Customer. Customer shall therefore not assign or otherwise transfer any rights or delegate any duties hereunder without the prior written consent of our Company. Any attempted assignment, transfer or delegation without such consent shall be deemed null and void ab initio.

14. WAIVER

Failure to exercise any right will not operate as a waiver of that right, power, or privilege. A waiver of any of the terms, or any breach or default hereunder, shall not be deemed or construed as a waiver of such terms for the future or any subsequent breach or default, whether or not of the same or similar nature.

15. UPDATES

We reserve the right to amend, update or change these Terms of Use at any time without notice in relation to future orders. You should ensure that before placing an order with us, you have read our current Terms which are always available on our Site and incorporated by reference in each single Order.

16. CONTACT AND NOTICES

Questions about the Terms of Use may be sent to us.contact@eden-park.com

 

17. GOVERNING LAW

These Terms of Use are governed by the laws of the State of Florida. Any dispute arising from the application or interpretation of the Terms of Use shall be subject to the exclusive jurisdiction of the courts of Broward County, Florida.