General Terms and Conditions

GENERAL CONDITIONS OF SALE AND USE

The website is operated by Esprit Papillon. The terms "we", "us" and "our" refer to Esprit Papillon. This site, as well as all the information, tools and services offered there, are made available to you, the user, conditioned upon your acceptance of the terms, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by our terms and conditions ("Terms of Service", "Terms of Service", "Terms"). This includes any additional terms and conditions or policies referenced herein or available by hyperlink. These Terms apply to all users of the site, whether they are visitors, vendors, customers, merchants, or contributors of content.

It is essential that you read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you should not access the site or use any services. Any new features or tools which are added to this store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the site following the posting of any changes constitutes acceptance of those changes.

ARTICLE 1 – SCOPE OF APPLICATION

These general conditions of sale apply to all transactions concluded via the esprit-papillon.com website.

ARTICLE 2 – CONDITIONS OF USE OF OUR ONLINE STORE

By accepting these terms, you certify that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you give us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, including but not limited to copyright laws. You may not transmit any worms, viruses or other destructive code. Any violation of these terms will result in an immediate termination of your services.

ARTICLE 3 – GENERAL CONDITIONS

We reserve the right to refuse access to our Services to anyone, for any reason, at any time. You acknowledge that your content (not including credit card information), may be transferred unencrypted, including transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our prior written permission. The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The content provided is for general information only and should not be relied upon as your sole source of information for making decisions. Any reliance on the content of this site is at your own risk. This site may contain old information, which is provided for your convenience only and may not be current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the site.

ARTICLE 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may be changed at any time without notice. We reserve the right to modify or discontinue the Service, or any part of the Service, without notice. We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service. Prices shown in euros are net, excluding shipping costs, and include the cost of the products as well as handling, packaging and storage costs. Prices may be changed at any time, but orders will be billed based on the rates in effect at the time the order is placed. Orders are billed in euros and payable in euros. Any customs fees or local taxes are the responsibility of the recipient.

ARTICLE 6 – PRODUCTS OR SERVICES (if applicable)

Some of our products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to our Return Policy for any exchange or refund. We make every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All descriptions of products and product pricing are subject to change at anytime, without notice, at the sole discretion of us. 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. We do not warrant that the quality of any products, services, information, or other material purchased will meet your expectations, or that any errors in the Service will be corrected.

As long as our offers and their prices are visible on the site, they are valid. The availability indicated at the time of consultation of the site by the customer remains dependent on the state of the stock at Esprit Papillon and of course at the suppliers.

To create our showcase and our sales catalog, we work with databases, enriched according to the information communicated by our suppliers. This database contains more than a hundred articles, not all of them are stored in our reserves and our offer is then conditioned by the availability of the articles at the suppliers.

Only the definitive rupture of an item with our suppliers results in the removal of this item from our sales offer. In other cases, a new order within a certain period remains possible.

When there is unavailability of an ordered product, the customer is informed by email or on the invoice for the products shipped in the case of an order for several items.

Order delivery deadline: when placing the order and on the order acknowledgement, a delivery time is communicated to customers. It is calculated by adding the longest product availability time to the delivery time of the transport method selected by the customer.
From the moment the order is placed to its dispatch, the customer has the possibility of cancelling their order.

Special features:

Pre-order items: items to be released are offered on the esprit-papillon.com website as a Pre-order. This reservation is made with the indication of a release date announced by the publisher at the time of opening the reservation phase. This release date can be changed at any time by the publisher who is solely responsible for the marketing of its product.

In any case, Esprit Papillon strives, from the final sale date, to ship items to customers who have reserved, up to the stock provided by the publisher for the release day.

ARTICLE 7 – ORDERS

Automatic order recording systems are considered as proof of the nature and content of the order. Esprit Papillon confirms acceptance of the order by sending an e-mail to the address indicated by the customer. The sale is concluded upon validation of payment by Esprit Papillon, whether by credit card online or by check. We reserve the right to refuse or cancel any order in the event of a dispute relating to the payment of a previous order.

ARTICLE 8 – SHIPPING COSTS

Shipping costs include a contribution to the costs of preparation, packaging and postage. We advise you to group all your items in one order, as we will not be able to combine two separate orders and shipping costs will be charged for each of them.

ARTICLE 9 – PAYMENT

We offer several payment methods with maximum security guarantees. You can pay:

- By bank card or private card (Visa, Eurocard/Mastercard) or directly on the site, in the payment form offered during the ordering process (secure entry by SSL encryption), by entering the type of card, your card number without spaces between the numbers, the control number (located on the back of your card) and the expiry date.

You have different payment methods available and you can even benefit from credit card payment facilities.

Payment is made on the secure banking servers of our partners. Your banking information does not pass through our site, thus ensuring maximum security. The order will be recorded and validated as soon as the payment is accepted by the bank.

ARTICLE 10 – DELIVERY

We deliver to your home, and the delivery time includes the time to prepare your package as well as the delivery time. We deliver worldwide, and you will be informed by email of the different stages of tracking your order, from preparation to delivery. The announced delivery time is 10 to 20 days from receipt of the shipping confirmation email. This time is indicative and does not constitute a contractual commitment on the part of Butterfly Spirit.

ARTICLE 11 – GUARANTEE – RETURNS – REFUNDS – WITHDRAWAL

The products offered on Esprit Papillon are new and are guaranteed against any defect. These items are identical to those available in traditional points of sale, supplied by partner publishers and distributors.

If, despite our efforts, a product proves to be defective or non-compliant, the buyer has a period of 15 working days from receipt to request an exchange or refund. If this period of fifteen (15) days expires on a Saturday, Sunday or public holiday, it is extended until the following working day.

To be eligible for an exchange or refund, the customer must return the items in their original condition, unused, complete and in their original packaging intact, accompanied by all accessories, user manuals and documentation included (the original sealed packaging is imperative as well as the purchase invoice). The buyer must also provide proof of the defect found by sending a detailed description and photos to the following address: support@esprit-papillon.com .

In the event of exercising the right of withdrawal, Esprit Papillon undertakes to reimburse the sums paid by the customer, excluding return costs, within a maximum of 14 working days from receipt of the returned item(s).

Return costs are the responsibility of the customer.

Reimbursement will be made within a period not exceeding 14 days from receipt of the returned package. Cash on delivery shipments will not be accepted under any circumstances, whatever the reason.

ARTICLE 12 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

Ownership of the products is transferred to the buyer after full payment of the price. On the other hand, the risks of loss and deterioration are transferred to the buyer upon delivery and receipt of the products.

ARTICLE 13 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in 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, 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 e-mail address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, distributors or purchasing agents.

You agree to provide current, complete and accurate account and payment information for all transactions made on our site. You also agree to promptly update your account and other information, including your email address, payment information and contact information, so that we can complete your transactions and contact you as needed. For more detail, please review our Privacy Policy.

ARTICLE 14 – OPTIONAL TOOLS

We may make available to you tools provided by third parties over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranty from us. We shall not be liable for any consequences, direct or indirect, of your use of third-party tools.

Your use of such external tools is at your own risk and discretion and you should carefully review the terms of use provided by the third party concerned before using them.

In the future, we may also introduce new features or services to our website, including the release of new tools and resources. These new features will also be subject to these Terms of Service.

ARTICLE 15 – THIRD PARTY LINKS

Certain content, products or services accessible through our platform may include materials from third parties.

Links provided by third parties on our site may redirect you to external sites independent of Esprit Papillon. We are not responsible for examining or evaluating these sites or their content, and we do not assume any liability or responsibility for any products, services, or information available from these third-party sites.

Any transaction you make on a third-party site, or any harm you may experience from the use of goods, services, or content from such sites, is your sole responsibility. It is important that you carefully review the policies of these third-party sites before engaging in any transaction. If you have any complaints or questions regarding third-party products, please contact them directly.

ARTICLE 16 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If you submit comments, ideas, suggestions or other creative contributions at our request or on your own initiative, you grant us a non-exclusive, unrestricted right to use, edit, copy, publish, distribute, translate and otherwise exploit these contributions in any media.

We are under no obligation to maintain any comments in confidence, to pay compensation for them, or to respond to every comment received.

We reserve the right to monitor, edit or remove any content that we determine, in our sole discretion, to be inappropriate, illegal, offensive, or in violation of our Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy or personality, and will not contain any unlawful, defamatory or otherwise harmful material. You are solely responsible for the content and accuracy of your comments.

ARTICLE 17 – PERSONAL INFORMATION

The management of your personal data on our site is governed by our Privacy Policy. For more details, you can consult this policy on our site.

ARTICLE 18 – ERRORS, INACCURACIES AND OMISSIONS

Our site or Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct such errors, to update or change information or cancel orders without prior notice if incorrect information is detected.

We are under no obligation to update or correct information on our site unless required by law.

ARTICLE 19 – PROHIBITED USES

In addition to other prohibitions as set forth in our Terms of Service, you may not use our site or its content for any unlawful purpose, to solicit others to commit unlawful acts, to violate any laws or regulations, or to infringe the intellectual property rights of Butterfly Spirit or third parties.

You are also prohibited from harassing, defaming or discriminating against any person, providing false or misleading information, distributing viruses or other malicious code, collecting personal data without consent, or interfering with the security of the Site.

We reserve the right to terminate your access to the Site for violating these prohibitions.

ARTICLE 20 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

The results obtained from the use of our service are not guaranteed to be accurate or reliable. You agree that we may discontinue or cancel the service at any time, without notice.

Your use of the service is at your own risk, and the service and all products provided are provided "as is" and "as available" without warranties of any kind, either express or implied.

Esprit Papillon, its directors, employees, partners and suppliers will not be held responsible in any way for any loss, damage or claim resulting from the use of the service, whether direct or indirect damage, including loss of profits, data or any other similar damage.

ARTICLE 21 – COMPENSATION

You agree to defend, indemnify and protect Esprit Papillon, its subsidiaries, partners and employees against any claim or demand, including attorneys' fees, made by a third party due to your violation of these General Conditions or any applicable law, or the rights of a third party.

ARTICLE 22 – SEVERABILITY

If any provision of these Terms is determined to be illegal, invalid or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions and shall not affect the validity of any remaining provisions.

ARTICLE 23 – TERMINATION

The obligations of the parties incurred prior to the termination of this Agreement shall survive termination.

These Terms and Conditions will remain in effect for as long as you use our Services. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If we find that you have breached any provision of these Terms, we may terminate this agreement without notice and you will remain liable for all amounts due up to and including the date of termination.

ARTICLE 24 – ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and Esprit Papillon regarding the use of our services, superseding all prior communications, proposals and agreements, whether oral or written.

Any ambiguity in the interpretation of these Terms shall not be used against the drafting party.

ARTICLE 25 – APPLICABLE LAW

These General Conditions of Sale and Use, as well as any other agreement between you and Esprit Papillon will be governed by the laws in force in France.

ARTICLE 26 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE

You can review the most recent version of the Terms and Conditions at any time on our website.

We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting on our site. By continuing to use our site after changes are posted, you agree to the new Terms.

ARTICLE 27 – CONTACT DETAILS

For any questions regarding these General Conditions, please contact us at the following address: support@esprit-papillon.com .

ARTICLE 28 – ACCEPTANCE BY THE PURCHASER

These general terms and conditions of sale and the prices are expressly approved and accepted by the purchaser. By making a purchase, the purchaser acknowledges having read these conditions in their entirety and fully accepts them. Consequently, the purchaser waives the right to assert any contradictory document, in particular its own general terms and conditions of purchase. The act of purchase implies unreserved acceptance of these general terms and conditions of sale.