Terms Of Sales
Terms of service
Current version as of June 1st, 2020
ARTICLE 1: PREAMBLE
The present terms of sale are exclusively between EBENE'S GARDEN JSC, 54 T Jean Jacques Rousseau Street, 94290 Villeneuvele Roi (hereafter "We") and any person visiting, making a purchase, or making a sale via the website www.ebenesgarden.com (hereafter "You").
The Platform in question is EBENE'S GARDEN’s internet platform, providing access to the website operated by EBENE'S GARDEN JSC, namely the website www.ebenesgarden.com (hereafter referred to as the "Website"), and all its related sub-domains.
The Website enables sellers (hereafter the "Sellers") to connect with buyers previously registered on the Website (hereafter the "Buyers"). The Website also allows registered users (hereafter "Members") to connection and communicate with each other.
By using the Website in any way, including but not limited to visiting or browsing the Website, you ("User" or "You") agree to these terms, including conditions referenced here, and as detailed below and/or accessible by hyperlink.
These terms of service (hereafter the "Terms") apply to all users of the website including, but not limited to, "sellers", and "buyers", content, information, or any other service contributor to the www.ebenesgarden.com website and to all services offered via the website or by any other means by the Ebène's Garden company.
The www.ebenesgarden.com Website is a community e-commerce platform offering Afro-Caribbean products of various categories: fashion, accessories, hair, culinary, cosmetics, decoration, art, culture, electronics, spirituality, etc. Our products are Afro-Caribbean creations or are inspired by Africa, the Caribbean and Overseas Territories.
The Website enables the sale of limited edition creations manufactured or distributed by the Sellers.
The Website also allows Sellers to contact any User of the Platform, including non-Buyers, who are registered members of the Website, and offers means of communication between Members. It also allows visitors, Members or bloggers to publish and share content.
All products for sale on the Platform by Sellers are hereafter referred to as "Products".
ARTICLE 2: Contract
2.1. Conditions for placing an order
You confirm that you are at least 18 years of age and therefore have the legal right or you have parental authorization to place an order on the Website.
Any order placed on the Website must normal household needs.
After placing your order, we will send you a confirmation e-mail and keep you updated on your order’s shipment.
ARTICLE 3: DEFINITIONS
3.1 "Member": any person who registers on the Website.
3.2 "Platform": the functional and organizational structure set up by EBENE'S GARDEN allowing Sellers and Buyers of Products to connect through the Website located at www.ebenesgarden.com, or at any other address. The Platform includes the entire Website and therefore designates all or part of the Website.
3.3 "Seller": a Member who opens an online store and offers Products for sale on the Platform.
3.4 "Product": a product offered for sale on the Platform by a Seller. The Product must comply with these Terms and must not be a Prohibited Product;
3.5 "Buyer": a Member who has expressed their interest in at least one Product by means of an order to at least one Seller (whether or not the Seller has accepted it) or who has "set aside" at least one Product.
3.6 "Content(s)": any content posted by a Member on the Website, including but not limited to any Product, data, information, text, listed item, description, comment, Seller review, name, alias, sign, photograph, image, sound, video, logo and anything else provided by the Member on the Platform, including when registering, in an email, on a blog or on a Seller’s store.
3.7 "Prohibited Products": a product that is prohibited for sale on the Platform, as more fully described in Article 4.4 of these Terms.
3.8 "Website": website located at the URL www.ebenesgarden.com or at an associated sub-domain (or any other address). The Website is part of the Platform.
3.9 "User": any person using the Platform, whether or not they are a Member.
ARTICLE 4: Customs and duties
Any order placed on the Website and delivered outside of France may be subject to taxes, customs and duties that are imposed when a package reaches its destination. These customs, duties and possible taxes relating to the delivery of an item are your responsibility and are at your expense. We are not obliged to verify or notify you of any applicable customs, duties and taxes. To find out about them, we advise you to ask the relevant authorities of your country.
ARTICLE 5: EBENE'S GARDEN’S OBLIGATIONS
5.1 The Platform is an online exchange and sales space on which Products, in compliance with these Terms (and in particular with EBENE'S GARDEN's policy regarding authorized and prohibited Products for sale), may be sold, bought and acquired by Members, as long as their sale, offer, or acquisition does not conflict with the legal provisions in force and with these Terms.
5.2 To this purpose, EBENE'S GARDEN (i) provides Sellers with the opportunity to present and sell their Products and their brand by offering each Seller their own personal online store, (ii) provides Sellers with tools to showcase and promote their products. (iii) EBENE'S GARDEN also offers Members tools to communicate and discuss their interests with other Members.
5.3 EBENE'S GARDEN’s role is limited to intermediating between Buyers and Sellers, unless otherwise expressly stated herein. EBENE'S GARDEN does not intervene in any way in the transactions between Buyers and Sellers, who decide alone, and at their own discretion, to conclude sales contracts through the Platform. Therefore, EBENE'S GARDEN has no control over the Products and cannot guarantee that the Seller's Product will satisfy the Buyer. Similarly, EBENE'S GARDEN cannot guarantee to the Seller that the Product will not be returned or that the sale will not be cancelled by the Buyer. These actions are exclusively and directly under the personal responsibility of each Seller and Buyer, unless otherwise stipulated in these Terms.
5.4 EBENE'S GARDEN and the Member are separate and independent parties, each acting in their own name and in their own interests. Unless otherwise stipulated, these Terms do not constitute any authoritative, subordinate, partnership, joint venture, employer/employee or franchisor/franchisee relationship between EBENE'S GARDEN and each Member.
5.5 As EBENE'S GARDEN does not intervene in transactions between Buyers and Sellers, each Member releases EBENE'S GARDEN (as well as all corporate officers, directors, agents and employees) from any and all liability in the event of a dispute between Members for any claims or damages, present or future, suspected or unsuspected, actual or consequential, resulting directly or indirectly from such claims.
5.6 Without prejudice to the above, EBENE'S GARDEN reserves the right to promote the Sellers’ listed and marketed Products in partnership with other websites, with media publications or by sending advertising e-mails in compliance with the applicable legal provisions. Such involvement does not negate their intermediary status in the exchanges between Sellers and Buyers, as EBENE'S GARDEN only promotes their Platform and listed Products, but does not intervene in the association between Buyer and Seller concerning one or more Products in particular, except in the rare cases listed in these Terms.
5.7 EBENE'S GARDEN does not control information provided and posted by Members on the Platform. Other Members' information may be offensive, harmful, inaccurate or misleading. The actual identity and status of a Member may be different from what is on the Website. EBENE'S GARDEN therefore recommends that each User exercise caution and common sense when using the Platform, and remains available for any further information.
ARTICLE 6: MEMBERS’ OBLIGATIONS
6.1 To access the Platform, the Member must first register and open an account on the Website. Registration is only permitted for legal entities and individuals over the age of 16, exceptions are minors who have obtained prior authorization from their legal representative. The registration of a legal entity must only be undertaken by an appointed individual who is authorized to represent the legal entity.
6.2 Any individual who registers as a Member on the Website agrees to provide accurate, complete and up-to-date information and any other data (notably personal data) that may be necessary to finalize and maintain registration on the Platform, such as a valid e-mail address and any other information required to become a Seller or Buyer. Each Member also undertakes to update their account and to immediately update their information in case of any changes. Each Member shall be solely responsible for any consequences of providing false, invalid or inaccurate information to EBENE'S GARDEN and/or to another Member. In the event of inaccurate information, including email addresses, EBENE'S GARDEN reserves the right to delete any incomplete or not fully functional account, including Sellers’ accounts.
6.3 To register, the Member must choose a username or alias and a password. The Member agrees not to register under a username that infringes the rights of a third party. Specifically, the Member must not use a username that infringes the copyright, trademarks, corporate names or trade names of a third party.
6.4 The Member's registration on the Website allows them to create a single account through which they can access the entire Platform.
6.5 A Member's username and password are strictly personal and each Member is responsible for maintaining their confidentiality. The registered Member is the only person authorized to access the Platform using their username and password and agree not to allow any other person to access the Platform using their identity or username. The use of the Member's username, and associated password, presumes their own access and use of the Platform. In the event that a Member becomes aware of a third party accessing their account, they must immediately inform EBENE'S GARDEN by e-mail at [email protected]
6.6 Each Member agrees to create and use only one account, unless specifically stipulated otherwise for Sellers. Any exception to this rule must be made by an explicit request from the Member and must have specific authorization from EBENE'S GARDEN. Creating or using new accounts under one's own identity or that of third parties without having requested and obtained the authorization of EBENE'S GARDEN may result in the immediate suspension of the Member's accounts and all associated services.
6.7 Each Member agrees to use the Website and to provide Content in compliance with these Terms and the applicable legislative and/or regulatory laws.
6.8 Each Member is solely responsible for their Content, as EBENE'S GARDEN is only a passive technical intermediary for posting the content and does not review it beforehand. The Member is prohibited from providing Content and more generally from performing any act or action that:
(i) infringes copyrights, patents, trademarks, drawings and models, trade secrets and disclosure or privacy rights of third parties;
(ii) defames, insults, disparages or slanders;
(iii) discriminates or incites racial, religious or ethnic violence or hatred;
(iv) is obscene or pedophilic;
(v) is liable to be characterized as embezzlement, fraud, breach of trust or any other criminal offence;
(vi) aims to receive payment without delivering a Product of equal value, as required by these Terms;
(vii) is likely to damage any computer system or to covertly intercept any data or information;
(viii) implicates EBENE'S GARDEN’s liability or results in a partial or full loss of profits of EBENE'S GARDENs’ service providers, notably its Internet, payment and storage service providers;
(ix) potentially damages EBENE'S GARDEN’s reputation or constitutes acts of unfair or parasitic competition against EBENE'S GARDEN, any other Member or third parties;
(x) violates any applicable law or regulation and/or any contractual clause binding the Member.
6. 9 By sharing Content through the Website, the Member grants EBENE'S GARDEN, who remains without obligation, a worldwide non-exclusive, non-transferable and royalty-free license which may be sublicensed. Valid for the duration of Member's registration, EBENE’S GARDEN may use, reproduce, represent, publish, make available, communicate, modify, adapt, display the Content on the Website and on any other medium (including but not limited to any physical or digital medium), in any press or financial statement or file, presentation tools, promotional and/or advertising materials, websites), or by any other means, all or part of the Content. This is without limitation to the number of copies, for storage, advertising, promotion, marketing, communication, or public relations purposes and/or for the purposes of setting up partnerships or sponsorships with EBENE'S GARDEN's partners. Members acknowledge that any of EBENE'S GARDEN’s use of their Content made by prior to their unsubscribing, deleting their account, or terminating these Terms cannot be challenged by the Member.
6.10 By sharing Content through the Website, the Member also grants directly to any User a worldwide non-exclusive, personal, non-transferable license that may not be sublicensed, to reproduce and represent the Content for private, non-commercial purposes.
6.11 The Member acknowledges that their Content, and therefore their profile and activities, may be accessed and viewed by any User on the Website.
6.12 Each Member agrees to compensate EBENE'S GARDEN in the event of a third party claim against EBENE'S GARDEN if such a claim is caused, founded or originated from any Content provided by the Member on the Platform. Each Member must bear all consequences, particularly financial, that may result from such an action and to immediately compensate EBENE'S GARDEN.
EBENE'S GARDEN reserves the right, without compensation, notification, or warning, to modify or delete any Content that violates any of the provisions of the Terms, as well as to suspend or delete the Member's account.
6.13 In the event that a Member notices Prohibited Products for the sale on the Website, the Member agrees to immediately inform EBENE'S GARDEN by e-mail at the following address: [email protected]
6. 14 The Member shall also refrain from: (i) including in their search keywords terms that infringe the rights of a third party, and in particular the copyright, trademarks, corporate or trade names of a third party or another Member, or using all or part of another Member's alias; (ii) including in any Content all or part of a URL link, the address or a domain name directing a user to a website external to the Platform; and/or (iii) circumventing, diverting, obstructing or attempting any of the preceding and in an unfair manner, a service subject to remuneration on the Platform.
6. 15 In the event that EBENE'S GARDEN becomes aware of any activity or action by a Member outside the Platform (i) attempting to divert all or part of the Buyers from the Website or to incite all or part of the Buyers to not or to no longer purchase on the Website or from any of the online stores present on the Website or on the Platform; (ii) that is potentially unfair, harmful, anti-commercial, disparaging, defamatory, libelous, abusive or offensive to EBENE'S GARDEN, the Platform, any Member and/or any third party; or (iii) that otherwise violates any of EBENE'S GARDEN’s applicable laws and regulations, <span style="font-size: 11pt; font-f