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TERMS AND CONDITIONS
Last updated: September 24th, 2021.
These general terms and conditions for purchase (“Terms”) apply to all purchases made by End Consumers, B2C (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through eTrament’s web store (“Shop”/”Store“) at etrament.com/shop.
1. DESCRIPTION OF PRODUCT(S)
eTrament develops, manufactures and sells the following eT-pens.
The eT-pen (“Product(s)”) is a stylus purposefully designed for a specific model of digital paper tablet: the Note Air from Onyx Boox. The Product is described and portrayed on etrament.com.
2. ORDER PROCESS (CONTRACT FORMATION)
These Terms, together with the Order Confirmation, form the Contract between the Customer and eTrament and govern the purchase of Product(s). The Customer is presented with these Terms prior to placing the order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with eTrament when clicking the button “Place Order” in the Checkout.
The presentation of Product(s) in the Store does not constitute any binding offer by eTrament for a purchase contract. By clicking the button “Place Order” in the Checkout the Customer places a binding offer for a purchase contract with eTrament (“Order”). Before the Customer submits the Order, he/she will be able to view the details input and correct any mistakes in the information provided.
On receipt of the Order, eTrament will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Confirmation of Receipt”). Please note that the Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only. All Orders are subject to acceptance by eTrament at its discretion. If eTrament refuses to accept an Order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the Order is refused, eTrament is not responsible for any loss or delay arising out of such refusal. eTrament will accept the Order either by sending an acceptance notice or by dispatching the Product(s) ordered.
Regardless of the foregoing, an agreement will not be binding on either party if the offer from eTrament provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed. An agreement will not be binding on eTrament if the Customer has provided incorrect payment or delivery information.
eTrament stores the Customer’s Order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an “acknowledgment of receipt”. It will appear on the screen once the Customer has submitted the Order to eTrament by clicking the “Place Order” button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.
The latest version of the Terms of Purchase is always available on etrament.com/terms. You may also request a copy of the Terms applicable to your Purchase by contacting eTrament at firstname.lastname@example.org.
3. PRICE AND PAYMENT TERMS
The price per unit of the Product is displayed in the Store. The total purchase price for the Product(s) is displayed in the Store Checkout.
The Product(s) are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency or EUR (€).
Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.
If you are ordering Product(s) for delivery outside of the European Union, please note that your consignment may be subject to import duties and taxes, which are levied once the Product(s) reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. eTrament has no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order. You will be the importer of record and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you.
eTrament is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.
The Product(s) are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process. The estimated dispatch and delivery date will be stated in the ordering process.
The delivery date will depend on the selected shipping option and delivery location. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. eTrament will keep you duly noted of any changes impacting the delivery of your ordered Product(s). eTrament shall not be held liable for delays in the estimated delivery date for the order.
The Product(s) will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. eTrament shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.
Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s), in accordance with the chosen shipping option. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.
The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. eTrament reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) in time or (ii) contribute as needed for the delivery to occur.
The Customer may cancel the Order as long as the request is made prior to shipment. The Customer may request cancellation of the Order to eTrament by email at email@example.com.
If the Customer cancels the Order before its shipping label bas been created, the Customer is entitled to a full refund of purchase price, including delivery cost. If the Customer cancels the Order after its shipping label bas been created, the Customer is entitled to a refund of Product(s) price. The shipping cost charge will not be refunded. eTrament will process refunds within a reasonable amount of time.
Cancellation requests sent after shipment are not eligible for a refund under this clause. The Customer must instead make use of their right to withdrawal, cf. section 6.
eTrament reserves the right to cancel your Order before the shipment date at eTrament’s own discretion. In the event of such cancellation, eTrament will refund the full purchase price.
6. THE RIGHT OF WITHDRAWAL
The Customer may withdraw from this Contract within 14 days of delivery (the “Withdrawal Period“), subject to the conditions in this clause.
You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at eTrament’s sole discretion be deducted from the amount of Customer’s refund.
If the Customer wishes to withdraw from the Contract, the Customer must notify eTrament by e-mail to firstname.lastname@example.org within 14 days of delivery. eTrament will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by eTrament. eTrament’s return process is described on etrament’s Terms and Conditions. After the Customer has notified eTrament of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with eTrament’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund.
Any request to withdraw from the Contract received after 14 days are automatically rejected and will not qualify for a refund.
If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.
The shipping cost for returns is at the customer’s expense.
Product(s) being returned from countries outside of the EU will have to fill in a customs form. It is your responsibility that you declare the Product(s) you are returning accurately and correctly. You MUST declare the returning goods as ‘Returning goods for refund/exchange’. If you do not declare this on your returning parcel it may be delayed in customs or may be returned to you. eTrament is unable to pay any customs fees which are levied on parcels which are declared incorrectly and it will be returned to you without being delivered. (Eg. a parcel which is declared incorrectly, or declared as anything other than a return (ie. sale, etc) or where the value of the Product(s) has been declared artificially high (ie. if you declare a £20 item as worth £100 etc)). If the Product(s) which you have sent back to us are kept in customs because you have not declared the parcel correctly, we will not have received them. If we don’t received the Product(s), you are not entitled to any refund.
If the Product(s) eTrament delivers are not what you ordered, are damaged or defective or the delivery is of an incorrect quantity, eTrament shall have no liability to you unless you notify eTrament by email at email@example.com of the problem within 7 working days of the delivery of the Product(s) in question.
If you do not receive the Product(s) ordered by you within 30 days of the date on which they were dispatched, eTrament shall have no liability to you unless you notify eTrament by email at firstname.lastname@example.org of the problem within 40 days of the date on which the goods were dispatched to you.
If you notify a problem to eTrament under this condition, eTrament’s only obligation will be, at its option: to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the Product(s) in question to the original method of payment. eTrament will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to eTrament under this condition. eTrament shall have no liability to pay any money to you by way of compensation other than to refund the amount paid for the Product(s) in question.
8. END-USER CUSTOMERS ONLY
eTrament sells and ships Product(s) to end-user Customers only. The Customer may not purchase Product(s) from eTrament for resale, and eTrament reserves the right to refuse, cancel or delay the Customer’s order if there are reasonable grounds to believe the Product(s) are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) by resale or otherwise from the Customer or other third parties.
9. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER
In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., eTrament will retain the Product(s) until payment is completed.
eTrament may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.
In the event that a Customer receives the Product(s) before payment has occurred, eTrament may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, eTrament may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing an email at email@example.com.We may give notice to you at either the email you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
eTrament reserves the right to change these terms and conditions at any time prior to purchase. Any such changes will take effect when posted on etrament.com/terms
11. PERSONAL DATA
eTrament is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s).
12. COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW
These Terms and the purchase of the Product(s) shall be governed by and construed in accordance with the laws of France.
If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s), eTrament’s support may be reached by email at firstname.lastname@example.org.
If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, eTrament will submit this to the Customer upon request.
The customer may raise a claim for the ordinary French courts.
Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at https://ec.europa.eu/consumers/odr.
The seller and supplier of the Product(s) and accessories is Andrés Salamanca Lugo, operating under the trade name eTrament and incorporated in France under the SIRET number 89915127800020. The company is registered in the Chamber of Trade and Craft of the department of Tarn.
eTrament’s contact information:
Address: 42 avenue d’Hauterive, 81100 Castres, France