SALE’S TERMS & CONDITIONS
ARTICLE 1 – DEFINTIONS
- *Item : the product(s) which have been ordered
- *Good : every product on sale on the website
- *Order : demand of Goods or Services made by the customer to the seller
- *Terms & Conditions : the Sale’s Terms and Condition which are presented here
- *Delivery time : time between the date of validation of the Order and the date of Delivery of the order to the Customer
- *Delivery Fees : the fees paid by the Seller
- *Delivery Method : the type of delivery : standard or express available on the Website when you place an Order
- *Price : the value of a Good. This value is including every tax except for the delivery. Available for UE Zone only.
- *Total Price : total amount of the Prices of the Goods who are included in the Order, all taxes included.
- *All Inclusive Price : Total Price with the Delivery Fees included, all taxes included.
- *Website : sales website online www.everweeday.com used by EVERWEEDAY to sell their Goods.
- *Territory : see Article 3.
- *Order placing : see Article 5.
- *Online Sale : sale of Goods made by the Seller via the Website.
- *The Customer : every person who searches on the Website www.everweeday.com, who gives their personal data or place an order.
- *Every reference with the singular includes plural and vice versa. Every reference to a genre includes the other genre.
ARTICLE 2 – IDENTIFICATION OF THE SELLER
The website www.everweeday.com belongs to the company EVERWEEDAY GREEN MAZAL LTD (EVERWEEDAY), a company under the Limited Law of Ireland who exploits it and which head office is on 24, Main Street, Blackrock, Dublin, A94K8R9, IRELAND, with a capital of 1000€ registered in the Commercial Register of Dublin under the number 682816.
Every Customer can contact directly the company EVERWEEDAY by :
- Mail : Company EVERWEEDAY GREEN MAZAL LTD, Service web, 24, Main Street, Blackrock, DUBLIN, A94K8R9, IRELAND
- Email : email@example.com
Scope of application
ARTICLE 3 – SCOPE OF WORK
The present Terms and Conditions (Terms and Conditions or T&C) without restriction, the consultation and use of the Website www.everweeday.com by the Users/Customers as well as the sales of Goods made by EVERWEEDAY on the website.
These Terms & Conditions are reserved to customers only, in the sense of giving the law and case law, acting exclusively on their own account.
These Conditions apply to the exclusion of all other conditions, and particularly those applicable to sales in store or through other distribution and marketing channels.
These Terms & Conditions are accessible at any time on the Website and will prevail where applicable over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by EVERWEEDAY constitutes a proof of all transactions. Information about the availability of the Items are provided when pacing the order, however, due to the size of stocks and order, and/or closure of the offices and their services provided during holiday, a delay could occur in which EVERWEEDAY cannot be held responsible.
The Terms of Delivery are valid for the work periods, excluding public holidays and dates of closure. During the usual summer vacation, an update about delivery times will be posted in the Website to cover closure period.
Changes in these Terms & Conditions are enforceable against Users/Customers on the Website from the moment there are put online and cannot be applied to transactions conclude before or all those included via another distribution such as shops.
The validation of the Order by the Customer implies unreserved acceptance of these Terms & Conditions. Thus, in the event of a subsequent modification of the Terms & Conditions, this one will not be enforceable against it.
The sale of the Products presented on the Website is strictly prohibited to any minor under the age of 18. All the products in the “EVERYFLOWER” and “EVERYSOLID” categories are products intended respectively for floral and olfactory decoration and also for table and olfactory decoration. They should not be smoked or consumed.
In accordance with European regulations, the analyzes carried out were realized by the “high performance liquid chromatography” method.
All supplier analyzes an those carried by us certify a THC level of less than 0,3% in accordance with Irish regulations and a rate of less than 0,3% when exported, in accordance with European Union regulations.
The company EVERWEEDAY responsible for the Website www.everweeday.com cannot be responsible for analysis resulting from a rate higher that 0,3% of HC if the analysis has not been carried in accordance with the Community Method of the European Union for the determination of D9-THC:RT_Chanvre_2015-1-2.
We are working in collaboration with the French Laboratory LEAF in order to regularly monitor the THC rate of all of our products sold on this Website.
Orders placed abroad are under the full responsibility of the Customer in the event of non-compliance with the laws applied in the country where the Customer is located.
We also recommend that you find out about the laws applied in your country before placing an order on our website. EVERWEEDAY can not be held responsible under no circumstances in case of dispute.
ARTICLE 4 – INTELLECTUAL PROPERTY
All reproduction and representation rights reserved :
The texts and pictures presented on this Website are covered by intellectual property law. However, EVERWEEDAY does not guarantee the accuracy or completeness of the information published on this Website.
Consequently, EVERWEEDAY declines all responsibilities :
- For inaccuracies that could affect the information available on this Website, or its incomplete state;
- More generally for any damage, direct or indirect, whatever the causes or consequences, resulting from the consultation of the site or the impossibility of accessing it as well as resulting from the use of information disseminated on this Website or the credit given to them;
- For any damage resulting from a fraudulent intrusion by a third party resulting in an alteration of the information published on this Website.
Intellectual property rights, brand rights, designs and models :
The documents, pictures, drawings, models and Brands displayed on this Website are the exclusive property of EVERWEEDAY which owns all the rights.
EVERWEEDAY does not grant any license or any other right to use, exploit, distribute, these documents, pictures, designs, models and Brands. The entire or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting. The only right conferred on any person accessing the Website is to consult it.
ARTICLE 5 – ORDERS
5.1 Ordering the Goods and concluding the sale online
Access to the Website and its use are reserved to people who are more 18 years old. Each User declares on their honor that they are the required age. We have the right to request proof of the age of the User, and this by any means.
In order to complete the Order, the Customer have to follow these steps :
- Enter the address of the Website
- Follow the instructions on the Website and particularly the instructions necessary for opening a customer account
- Complete the order form. In the event of prolonged inactivité during the connection, it is possible that the selection of the Goods and the Service chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods and Services from the beginning.
- Check the elements of the order and if necessary, identify and correct errors. The recipient’s address must be correct, precise and complete to allow the parcel to be delivered in the usual conditions. No responsibility can be incurred in the event of a breach in the foregoing.
- It is mandatory to indicate when ordering, the recipient’s phone number and email address. In the event of a breach, neither EVERWEEDAY nor its intermediaries can be held responsible for the non-delivery of the ordered package.
- Validate the Order, the Total Price and the All Inclusive Price (the “Order Confirmation”).
- Follow the instructions on the online payment server to pay the All Inclusive Price.
- Only delivery by and to the recipient is available, no delivery to a mailbox or to a third party can be made.
The Customer will then receive electronically and without delay confirmation of acceptance of payment for the Order, with the condition that the email address provided by the Customer does not contain any errors.
The Customer will also receive electronically and without delay an acknowledgment of receipt confirming the Order (the “Order Confirmation”), with the condition that the email address provided by the Customer does not contain any errors.
The customer will then receive electronically a confirmation for the shipment of the Order as well as the invoice and the withdrawal form. The sale will only be considered done after sending this confirmation to the Customer.
Delivery will take place at the delivery address indicated by the Customer when ordering. When carrying out the various stages of the Order, the Customer undertakes to comply with these contractual conditions.
EVERWEEDAY undertakes to fulfill the Order only within the limits of available stocks of the Goods. In the absence of availability of the Goods, EVERWEEDAY undertakes to inform the Customer .
However, in accordance with the provisions of the Consumer Code, EVERWEEDAY reserves the right to refuse the Order if it’s abnormal, made with bad intentions or for any other legitimate reason and in particular when there is a conflict with the Customer concerning the payment for a previous order.
The fact for a non-professional Customer to order on the Website www.everweeday.com implies full acceptance of these Terms & Conditions.
5.2. Characteristics of the Goods
EVERWEEDAY will do its best to present as faithfully as possible the products (and their essential characteristics) offered on sale on the Website www.everweeday.com. However, EVERWEEDAY does not guarantee that the colors presented on the Website are exactly the same as those of the Goods. Thus, the pictures of the Goods/Products on sale on this Website have no contractual value.
Regarding the availability of Goods presented on the Website www.everweeday.com is a Website presenting EVERWEEDAY collections. This one also offers an online store. However, for technical, stock and transport reasons, some products offered on sale by EVERWEEDAY may be unavailable at the time. Thus, for each product, EVERWEEDAY will include the following information :
- “in Stock” : implies that the product can be purchased by the Customer via the Website
- “Stock : for more information, contact us’ : invites the customer to contact EVERWEEDAY via the contact form to receive information about the availability of the Products concerned and the actual delivery times when taking the request into account.
In case of questions, the User/Customer may first contact out sales team (contact&everweeday.com).
EVERWEEDAY reserves the right to change the assortment of Goods.
All the Products sold by EVERWEEDAY on the Website comply with the legislation of the European Community.
However, special orders for which the User/Customer must contact the sales team (firstname.lastname@example.org) are excluded from the offer displayed on the Website www.everweeday.com.
No contractual or commercial guarantee is attached to the Goods offered for sale.
5.3. Payment condition
The price is payable in full on the day the order is placed by the Customer. Therefore, any order will only be effective with an obligation to purchase.
Payment is made online by credit card. Bank cards that are accepted are : Carte Bleue, Visa, Eurocard Mastercard. Payments are debited at the time of the order’s shipment. In the case of on online credit card payment, the order is deemed to have been placed on the date of validation of payment for the order by the Customer. Consequently, the deadlines indicated in the Website “www.everweeday.com” run from this date.
EVERWEEDAY will not be required to deliver the Goods ordered by the Customer if he has not paid the full price under the conditions indicated above. Payment of the All Inclusive Price by the Customer is only made by credit card.
The prices of the Goods on the Website “www.everweeday.com” are indicated in Euros, all taxes included but excluding shipping costs which are invoiced in addition.
They take into account the VAT applicable on the date of the order. Any change in the applicable rate may be reflected in the prices of the Goods after the date of entry into force of the new applicable rate.
As the prices of EVERWEEDAY suppliers are constantly changing, the prices displayed on the Website are subject to change at any time.
They are also subject to variation for reasons of introductory prices, promotion or sales. The applicable price is the one indicated on the Site on the date of the Order by the Customer.
Packages which are submitted to address correction or return sender may have an additional invoicing according to the pricing in force.
Failure to send the required additional information (recipient’s mobile phone number and email address) may be subject to a billing supplement according to the pricing in force.
5.5. Delivery Fees
Delivery fees are indicated to the Customer before placing the Order.
5.6. Addresses, methods, delivery times and collection in store
The Customer must indicate a name, a valid telephone number and an exact, precise and complete delivery address necessarily located in a country member of the EU, under penalty of refusal of the Order.
The Customer is solely responsible for a delivery problem due to a lack of information during the Order.
5.6.2. Delivery method
Delivery of the package(s) covered by the Order can only be carried out by the Customer personally. In view of the constraints of precaution, weight and size, no delivery to a mailbox or to a third party can be implemented.
In the event that the recipient communicates a different instruction to FORWARDER modifying the day or the method of delivery, no compensation can be requested due to a delay or a lack of delivery.
The recipient’s phone number and email address are mandatory additional information sent to FORWARDER in order to enable the recipient to be informed.
In the event that it has been agreed that the assumption of responsibility and/or delivery would be carried out in the absence of the sender or the recipient, contrary to the stipulations above, these will be deemed perfectly carried out in view of the only statements of the roadmap established by FORWARDER.The digitized signature of the recipient, as well as its reproduction, is proof of delivery of the packages, and this signature will be recognized as having the same legal value as that of a traditional signature on paper.
5.6.3 Delivery times
Delivery times are available on the Website “www.everweeday.com” and may vary depending on the availability of the Goods that were the subject of the Order.
The times are for a pick-up from Monday to Friday and for a delivery from Monday to Saturday, except on public holidays. Thus, the Delivery Times are calculated in working days (excluding public holidays) and correspond to the average preparation and delivery times of the Order.
The Delivery Times run from the date of Confirmation of the Order by EVERWEEDAY.
The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the FORWARDER Website.
Upon delivery, the Customer is required to check the condition of the packaging as well as the Items. It is the Customer’s responsibility to make the reservations and complaints he considers necessary, or even to refuse the package, when the package is clearly damaged on Delivery. These reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, which follow the date of Delivery of the Goods. The Customer must also send a copy of this letter to EVERWEEDAY. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with the provisions of the Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order. If they do not correspond to the specifications mentioned in the Delivery slip, the Customer must inform the EVERWEEDAY service by email within 5 working days of delivery and return the Goods to the address indicated in article 5.7. , in the week following the information from the EVERWEEDAY service.
In the event of a delay in Delivery, EVERWEEDAY will inform the Customer by email that the Delivery will take place with delay. In the event of a delay of more than one week, EVERWEEDAY undertakes to pay compensation which may not exceed the price of transport (duties, taxes and miscellaneous costs excluded) upon written request.
5.6.4. Collection in store
Procedure will be notified when this method takes place, it is nonexistent today.
5.6.5. Special cases for summer closure periods.
No delivery can be made during the summer closing period.
Consequently, certain stock differences and delivery times may be extended. The responsibility of EVERWEEDAY cannot then be engaged for this, as long as the information on the delivery times are provided to the Customer before the validation of the order.
5.7. Return, withdrawal and/or complaint
The withdrawal form is available here (www.everweeday.com/formulaire-retour/) and must be sent to EVERWEEDAY as soon as possible and no later than 14 days from the date of receipt of the Items.It is imperative to keep the original packaging (including how each element was included in the packaging), because these have been studied and produced in order to allow the Goods to be protected in the best conditions during the transport. Thus, for all packages returned without all the elements (in the right direction) included in the original packaging, EVERWEEDAY cannot be held liable in the event of breakage or damage to the Goods. 5.7.1 Conditionsa) Withdrawal The Customer has a right of withdrawal which he can use within fourteen calendar days after the date of receipt. In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.Thus, the Customer who wishes to use his right of withdrawal must, at the latest, inform the company EVERWEEDAY of his intention to withdraw, within 14 days after the receipt of the Goods. Then, he must return the goods, subject of the withdrawal, within 14 days of the communication of his decision to withdraw. Items must be returned in their original packaging (in good condition), complete, new and unused. The costs of returning the Items under this right of withdrawal will be paid by the company EVERWEEDAY.For Customers outside Ireland, they should contact EVERWEEDAY to organize the return. b) Nonconformity The Customer benefits from the legal guarantee of conformity of the Products ordered. Also, the Customer must send any complaints to EVERWEEDAY by Post or electronically accompanied by the completed return form, available on the Website www.everweeday.com. Only complaints related to the Online Sale of Items will be taken into account. 5.7.2. Refund and Fees In case of a return justified by the right of withdrawal, EVERWEEDAY will credit the Customer’s bank account within 14 days from the transmission to EVERWEEDAY of proof of dispatch of the package or the date of receipt of the return package (the date selected being that of the first of these facts). EVERWEEDAY will pay for the returns only if they have been accepted by EVERWEEDAY upstream and more generally if they are justified, that is to say that they have taken place within the framework and the withdrawal periods mentioned above or in return cases justified by non-conformity of the delivered products (product error or apparent defect). 5.7.3. Address and return conditions All products must be addressed at :
- EVERWEEDAY GREEN MAZAL LTD
- 24, Main Street, Blackrock
- DUBLIN, A94K8R9, IRELAND
5.8. Exchange policy
Customer who wishes to have an exchange a-have to contact the web service within 14 days (email@example.com) in order to check the availability of the desired product.
Once the exchange has been agreed, the Customer must return the Items initially purchased within fourteen days, in their original packaging (in good condition), complete, new and unused, with the return slip that they received on their account. 5.9. Transfer of ownership and default of payment The transfer of ownership of EVERWEEDAY products, to the benefit of the Customer, will only be carried out after full payment of the price by this one, regardless of the delivery date of these products. In the event of non-payment by the Customer of all or part of the price of the Order, EVERWEEDAY reserves, until full payment, a right of ownership in the products sold, allowing it to regain possession of said products.The customer will retain responsibility for the risks (loss, theft or damage) concerning the items from the time they have been delivered to the address indicated. In the case when it has been agreed that the taking charge and/or delivery would be carried out in the absence of the sender or the recipient, these will be deemed to have been perfectly carried out in view of the only information on the waybill established by FORWARDER.The digitized signature of the recipient, as well as its reproduction, is proof of delivery of the packages, and this signature will be recognized as having the same legal value as that of a traditional signature on paper.
ARTICLE 6 : GARANTEES
Every Customer/User can directly contact the company EVERWEEDAY by :
- Mail : EVERWEEDAY GREEN MAZAL LTD, 24 Main Street, Blackrock, DUBLIN, A94K8R9, IRELAND
- Email : firstname.lastname@example.org
The legal guarantee of conformity
To do this, the consumer:
– has a period of two years from the delivery of the goods to act, and this even if he does not comply with the complaints process or the deadlines referred to in Article 5.7 of these Terms & Conditions.
– can choose between repairing or replacing the property.
– is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods. This period is six months for used goods.
A. The commercial guarantee
The legal guarantee of conformity applies independently of commercial guarantees. No commercial guarantees are attached to EVERWEEDAY products.
B. The guarantee against hidden imperfections of the sold Item
All products are guaranteed against hidden imperfections in the sold Item.
The consumer can decide to implement the guarantee against hidden imperfections of the sold Item. To do this, he can choose between canceling the sale or reducing the sale price.
Duration and application
ARTICLE 7 – DURATION AND APPLICATION
These Conditions apply to all use, consultation and purchase made on the Website “www.everweeday.com” while the Website is online.
These Conditions can be modified at any time by EVERWEEDAY. The applicable Conditions are those in effect on the date of registration of the order.
Language of these terms and conditions of sale - Applicable law
ARTICLE 8 – LANGUAGE OF THE TERMS AND CONDITIONS
These General Terms and Conditions and the relationships arising from the connection and / or consultation and / or use of this Website are governed and subject to Irish law.
They are written in the English language. In the event that they are translated into one or more languages, only the English text will prevail in the event of a conflict.
Applicable law / conflicts
ARTICLE 9 – APPLICABLE LAW AND CONFLICTS
These Terms & Conditions are governed by and interpreted in accordance with Irish law.
If one or more provisions of these Terms & Conditions would be deemed invalid, inapplicable or void, then this provision will be considered divisible from the rest of the Terms & Conditions and will not affect the validity and enforceability of the other provisions.
In the context of conflicts to which these Terms & Conditions could give rise or more generally which would be related to the ordering process via the website www.everweeday.com, all Customers have in addition to legal proceedings, the possibility of:
– Contact the legal department of EVERWEEDAY directly at 24 Main Street, Blackrock, DUBLIN, A94K8R9, IRELAND
– Via the following email address: email@example.com The Customer can also visit the site of the European platform for online conflict resolution.
Force majeure and conditions of application
ARTICLE 10 – FORCE MAJEURE AND APPLICATION CONDITIONS
EVERWEEDAY will not be held responsible for any failure or delay in the performance of any obligations under these Terms & Conditions if such failure or delay is due to an unexpected event which arises from a cause external to EVERWEEDAY or any other independent cause, of its will preventing or delaying the execution of its obligations including in particular
– cases of force majeure or fortuitous events
– the force of nature/natural events : a fire, a storm, a flood, an earthquake…
– the facts of a third party
– the facts of the prince
– all industrial disturbances
– all social disturbances
– events related to hygiene and sanitary causes (pandemic, or epidemic)
ARTICLE 11 – DATA PROTECTION
The Seller will keep in its computer systems and under reasonable security conditions, proof of the transaction including the purchase order and the invoice.
The Seller guarantees its Customer the protection of this one’s personal data in accordance with the GDPR Charter available on the website.
Independence of clauses
ARTICLE 12 – INDEPENDENCE OF THE CLAUSES
The total or partial illegality or invalidity of a provision of these Terms & Conditions will have no impact on the validity and application of the other dispositions.
The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.