“Customer(s)” refers to the Internet-user or users browsing the Site and/or making an on-line purchase of Products for personal use.
ELEBADECOR refers to ELEBADECOR GMBH, a corporation registered in Switzerland, the registered office of which is located in Wollerau, Sihleggstrasse 23, CH-8832.
“Party(ies)” refers alternatively or collectively to ELEBADECOR and/or the Customer(s).
“Products” refers to the products offered for sale on the Site.
“Site” refers to the e-commerce Website “UNDER THE PAPER LANTERN” accessible over the Internet at the address http://www.under-the-paper-lantern.com and http://www.underthepaperlantern.com offering Products for sale and published by ELEBADECOR.
Parents (or those holding parental authority) are invited to supervise the use of the Site made by their children and to keep in mind that in their capacity of legal guardian, it is their responsibility to supervise use made thereof.
3. Products and services
3.1 - Description of the Products
ELEBADECOR takes the greatest care in its presentation of the Products on the Site. Nevertheless, while every effort is made to ensure that the color in photographs of the Products displayed on the Site is as close as possible to that of the original products, variations may occur; in particular due to the technical limitations of computer equipment in rendering color and because of the artisanal nature of some products that are hand-made. Accordingly, it is possible that the Customer’s perception of the photographic representation of the Products does not correspond exactly to the Product as is, of which the Customer is hereby expressly informed.
3.2 - Product availability
The Products offered for sale by ELEBADECOR are those shown on the Site on the date the Customer visits the Site and within the limits of available stocks. ELEBADECOR reserves the right to withdraw Products from sale at any time. ELEBADCOR does not guarantee availability of the Products presented on the Site. In case any Product is unavailable, the Customer will be informed at the earliest opportunity by email of delivery of a part-order or of the cancellation of his order.
3.3 - Partner Services
ELEBADECOR may propose links to other Websites managed by partner sites (hereinafter “Partner Services”). To the extent in particular that ELEBADECOR cannot control Partner Services, ELEBADECOR gives no undertaking as to these sites and external sources supplied and will incur no liability as to the content, advertisements, products, services or any other material available on or from these sites and external sources. Similarly, ELEBADECOR cannot be held liable for any damage or proven or alleged losses, consecutive or related to the use, contents or services available on these Partner Services or external sources.
The prices of the Products are firm. They are stated in US dollars. The price list in force is that set forth on the Site, except for typographical error. These prices do not include delivery or packing costs which will be billed in addition and will be specified to the Customer when his order is finally validated. The price billed to the Customer is the price stated on the confirmation of order sent by email by ELEBADECOR. Orders delivered to the state of Pennsylvania are subject to VAT at the local rate.
ELEBADECOR reserves the right, which the Customer accepts, to modify its prices at any time, without formality other than making the modifications on the Site. These modifications, however, will not have any effect on orders which ELEBADECOR will have accepted before the modifications come into effect, subject to availability of the Products ordered.
5. Retention of title clause
The Products ordered remain the property of ELEBADECOR until their price has been collected in full. On the other hand, on the effective date of delivery, the risks (in particular of loss, theft or deterioration) pertaining to the Products delivered are assumed by the Customer.
6. How to place an order?
6.1 - Finding your way around the Site
The Customer may find and read about the various different Products offered for sale by ELEBADECOR on the Site. The Customer is free to browse all the different pages on the Site with no obligation to order.
6.2 – Placing an order
If the Customer wishes to place an order, he chooses the different Products in which he is interested and makes such interest clear by clicking on the “Check out” button then selecting his payment method.
6.4 - Confirmation of order
The sale will be treated as firm and final only once the Customer has been sent confirmation of acceptance of the order by ELEBADECOR by email or any other method of confirmation.
Unless the server is unavailable, the Customer has two methods of paying for his order on the Site when validating his order:
- payment on-line via the secure interface PayZen (Lyra Network) by bank card (International Visa, Mastercard)
- payment by Paypal® account, or Amex or Discover via Paypal
ELEBADECOR reserves the right to refuse any order or delivery in case of an existing dispute with the Customer, total or partial non-payment of a previous order by the Customer or banking restrictions. ELEBADECOR invites the Customer to print out his order summary.
ELEBADECOR delivers the USA, Brazil, Canada and Mexico for orders placed on its Site.
The products are delivered to the address the Customer has given in the course of the ordering process. The Products are shipped from the warehouses of ELEBADECOR or its subcontractors in the USA (Pennsylvania) within 24 hours of the order being placed (Monday to Friday, US public bank holidays excluded). An email containing the order number and parcel tracking number is sent to the Customer when the order is prepared. The delivery times stated during the ordering process are average times of conveyance, to which the time needed to process the shipment should be added.
The times given above are indicative only. In no case may exceeding these times by the carriers be relied on against ELEBADECOR or give rise to cancellation of the contract of sale or to any compensation in favor of the Customer. Any anomaly relating to delivery (parcel damaged, items missing compared to ELEBADECOR’s invoice, etc.) must be the subject of reservations consigned on the carrier’s delivery note. At the same time, the Customer must inform the customer services department at UNDER THE PAPER LANTERN (email@example.com) and the carrier within 14 days of the order date, of the said claims which must be reasoned and accompanied by supporting documents. Once this period has passed and failing compliance with these formalities, the Products will be deemed compliant and free from any defect and no claim will be validly accepted by ELEBADECOR. In the event that a return of the defective Product is justified, ELEBADECOR will (at its choice) either refund the defective Product or exchange it, to the extent that this Product is available in stock, to the exclusion of any compensation. It is specified that the carriage costs are at ELEBADECOR’S charge in the case where the decision to return the Product is the result of an error originating with ELEBADECOR
9. Right of withdrawal
The Customer has a period of 14 clear days as of order date to return the Product(s) he ordered, at his cost, if he is dissatisfied with the Product(s), and to cancel his order. This period runs with effect from the date of purchase of the order. Any exchange or return must be the subject of a request to exchange or return by contacting the customer services department of ELEBADECOR at firstname.lastname@example.org. The Product(s) must be returned in its (their) original packaging and accompanied by the delivery slip, to the address which will be given by the customer services department of ELEBADECOR. ELEBADECOR does not accept freight forward parcels. All risks connected with returning the Product(s) are at the Customer’s charge. If the above conditions are met, ELEBADECOR will refund the Customer the sums corresponding to the Products acquired by him (original shipping costs won’t be refund), or will exchange the Product or Products within a period of thirty (30) days following the date on which the Customer exercised his right of withdrawal.
THE PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELEBADECOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Limitation of liability
ELEBADECOR cannot be considered liable (i) for the loss, corruption or fraudulent access to and of the Customer’s personal data, (ii) the accidental transmission of viruses or other harmful elements, arising from accessing the Internet or transmitting electronic mail. ELEBADECOR does not warrant that the Site will be continuously available, without temporary interruptions, suspension or errors. ELEBADECOR reserves the right to suspend the operation of the Site at any time.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ELEBADECOR BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF ELEBADECOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ELEBADECOR’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
ELEBADECOR is mindful of protecting the personal information disclosed by Customers (the “Personal Information”). In this context, ELEBADECOR undertakes to observe confidentiality in respect of the Personal Information transmitted. This article explains (i) how Customers’ Personal Information is used; (ii) how each Customer is able to correct, change or delete the Personal Information which ELEBADECOR is holding on him/her; (iii) to whom ELEBADECOR is able to disclose the same; and (iv) the security measures put in place by ELEBADECOR with a view to protecting the confidentiality of the Personal Information.
12.1. - Ultimate purpose of collecting the data
The Personal Information is processed by ELEBADECOR for managing Customer profiles, marketing and statistical survey, Product quality monitoring, customer relations management and sales canvassing, with the aim of supplying Customers with the best adapted Products.
12.2. - Access to the Personal Information
The Personal Information is accessible at any time in the “My Account” section, through the Customer’s email, login and password.
12.3. - Disclosure to third parties
ELEBADECOR may be required to disclose Customers’ Personal Information to legally empowered organizations or authorities, to the extent that such disclosure is required or authorized by the law, or where ELEBADECOR judges it necessary or appropriate to satisfy the laws and other applicable texts or to protect or defend its rights or those of its employees, customers or any other person. ELEBADECOR may transmit Customers’ Personal Information to third parties in case of assignment, transfer of assets, reorganization or liquidation. ELEBADECOR will then notify Customers if their Personal Information will be the subject of a different confidentiality policy. The Personal Information gathered may also possibly be passed on to third parties connected with ELEBADECOR by contract to carry out subcontracted tasks necessary to manage your profile or the supply the Products. Unless the Customer objects when his Personal Information is being gathered, ELEBADECOR may pass its Customers’ Personal Information on to its partners for canvassing and marketing purposes in particular by email, post or telephone. Even after giving his agreement, the Customer is able to object to this communication continuing by applying by email to the address email@example.com
12.4. - Retention
The Personal Information will only be retained for the time period strictly necessary to manage the customer- and prospect relation and not exceeding the period during which the Customer’s account will be active.
12.5. - Security
ELEBADECOR has taken the relevant precautions to ensure its datafiles are secure and that its computer system is protected, and to prevent, in particular, the Personal Information from being distorted, damaged and accessed by unauthorized third parties.
12.6. - Confidentiality
When the Customer creates an account, he chooses an email address and a password which he will be asked for each time he wants to log on. The Personal Information is therefore protected by a password such that the Customer, and only the Customer, can access it. ELEBADECOR recommends that users do not disclose this to anyone. The Customer should, moreover, not forget to log out of his profile and close the window on his browser at the end of his session, particularly when using a computer shared with others for accessing the Internet. In this way, the Customer will avoid other users accessing his Personal Information. In particular, the Client is solely responsible for ensuring his password is kept confidential. He alone is liable for any consequences that might ensure from any use by third parties who may have had knowledge thereof. In case he forgets his password, there is a function available on the Site whereby the Customer can be sent his password by email. Similarly, should the Customer be concerned that a third party knows his password, he may create a new in the “My information” section of “My Account”.
12.7. - Minors
ELEBADECOR recalls that the collection of data from minors requires parental authorization.
13. Force majeure
ELEBADECOR cannot be held liable for total or partial non-performance of its obligations if this arises due to an act of God or the occurrence of an even amounting to force majeure such as, in particular but not limited to, flood, fire, storm, lack of raw materials, transport strike, partial or total strike or lockout. These events constitute a cause for suspension and/or extinguishment of ELEBADECOR’s obligations towards the Customer without compensation in favor of the Customer.
14. Intellectual property
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of ELEBADECOR. All operating rights are reserved exclusively for ELEBADECOR. In these conditions, no-one is authorized to reproduce, operate, disseminate or use the intellectual property rights in any capacity whatsoever and not even partially, without the prior written agreement of ELEBADECOR. The marks and logos of ELEBADECOR are registered marks. Thus, any reproduction thereof amounts to infringement.
ELEBADECOR may be required to store a “cookie” (an alphanumerical identifier) on the Internet-user’s computer hard disk, for the sole purpose of being able to recognize him or her on subsequent visits to the Site. The period during which the information relating to the Internet-user’s browsing history of the Site supplied by the cookie is retained will not exceed one year. It is recalled that the Internet-user is able to oppose the storage of cookies on his hard disk by configuring his browser as follows:
For Mozilla Firefox:
1. Choose the “Tools” menu then “Options”
2. Click on the “Privacy” icon
3. Locate the “Cookies” menu and select the options desired
For Microsoft Internet Explorer 8.0:
1. Choose the “Tools” menu then “Internet Options”
2. Click on the “Privacy” tab
3. Select the level you want with your cursor
For Netscape 6.X and 7. X:
1. Choose the “Edit” menu > “Preferences”
3. Select "Warn before accepting cookies."
However, the User will forfeit the ability to personalize the Service delivered to him by ELEBADECOR via the Platform.