Terms & Conditions for Internet Sales

Article 1 Scope

1.1 These General Conditions of Sale for Internet Sales (hereinafter referred to as: General Conditions of Sale) are, without limitation or reservation, applicable to all sales concluded by Esqusive Cooking (hereinafter referred to as: Esqusive Cooking) with buyers who have the products that Esqusive Cooking offers for sale on its website www.esqusive.com.

1.2 These terms and conditions apply to the exclusion of all other terms and conditions, including those applicable through other distribution channels and marketing. These General Terms and Conditions of Sale are accessible at all times on this website and prevail, as appropriate, over any other version or any other contradictory document.

1.3 Unless otherwise proven, the data recorded on the website by Esqusive Cooking constitutes proof of all transactions.

1.4 The products on this website are offered for sale in the territory of France.

1.5 Product offers are subject to availability. The indications for the availability of the products are provided at the time of the placing the order.

1.6 These General Terms and Conditions of Sale remain in effect as long as they are displayed online. The changes to these General Conditions of Sale are intended for the users of the site from the moment they are online and will therefore apply. are on the closed transactions.

1.7 The validation of the order by the buyer implies full acceptance of these General Conditions of Sale.

Article 2 Orders

2.1 To place an order on the website www.esqusive.com, it is up to the customer to select the products on the site that he wishes to order, then follow the steps, knowing that each order implies that the customer accepts the prices and description of the ordered products.

2.2 By reading and confirming by clicking in the appropriate box on the General Terms and Conditions of Sale for Internet Sales on the website at the to complete your order, you agree to the General Conditions of Sale of the website www.esqusive.com products and services from Meansun.

2.3 After receipt of your payment, your order will be processed and an order confirmation will be sent directly to you by email.

2.4 Esqusive Cooking is at your service for questions, additional information and the follow-up of your order. Do not hesitate to contact us by email contact@muansun.com.

Article 3 Rates

3.1 The prices stated for the items offered are exclusive of processing, shipping, transport and delivery costs, which are charged additionally. In addition, customs costs can be additionally charged by the carrier upon delivery. These costs are borne by the buyer.

3.2 Prices are expressed in Euro TTC. The prices include VAT, taking into account the French VAT applicable on the day of the order, if the VAT should change, our prices would immediately be discounted at the new applicable rate. Even if the price of raw materials (such as oil, steel, aluminum ...), Esqusive Cooking would be obliged to revise the prices of the products according to the new applicable rates.

Article 4 Payment conditions

4.1 On the website www.esqusive.com, payment for purchases can be made as follows: - By bank transfer or payment methods available through the site.

4.2 The transaction and online payment other than bank transfer, is managed directly by the banking service and is fully secured by the SSL (Secure Socket Layer). The general terms and conditions of the banana service apply to the processing of payments by the banking service.

4.3 The products remain the property of Esqusive Cooking until full payment of the price.

Article 5 Shipping rates and shipping conditions

5.1 Esqusive Cooking uses the rates of La Poste France to determine shipping costs and conditions. These rates are subject to change and will therefore be adapted when La Poste France changes them.

5.2 Products purchased by the buyer will be delivered within a period of 3 to 5 working weeks to the address specified by the buyer when order on the site.

5.3 If the product is not in stock and has to be ordered from the manufacturer, the delivery time will be longer.

5.4 Except in special cases or when one or more products are not available, the products ordered will be delivered in one go. Esqusive Cooking can cannot be held responsible for the unavailability of one or more products of the total order.

5.5 Deliveries are handled by La Poste France or by an independent courier service. Esqusive Cooking does everything it can to the buyer ordered products within the period indicated abovehonor. However, these conditions are provided for informational purposes and any exceedance is possible do not give rise to any compensation or interest, no deduction or cancellation of the order by the buyer.

5.6 However, if for whatever reason the ordered products are not delivered within 6 working days after the indicative delivery date, due to force majeure, the sale is canceled at the written request of the buyer or Esqusive Cooking. The amounts paid by the buyer will be refunded without delay, excluding any set-off or deduction.

5.7 Esqusive Cooking complied with its delivery obligation as soon as it delivered the sold goods to the courier service, which accepted them without reservation. The buyer acknowledges that it is the carrier who is responsible for the delivery and therefore cannot rely on Meansun in the event of non-delivery of the goods transported.

5.8 In the event of deviation from the standard dimensions of the goods to be delivered, Esqusive Cooking will issue a quotation and an additional specific invoice from Esqusive Cooking provide the buyer with regard to the terms of delivery, packaging or transport of the ordered products. Packages are shipped from the warehouse in perfect condition. Upon delivery, it is the buyer's responsibility to check the condition and condition to check the number of packages and to check them in the presence of the delivery person. The buyer must clearly state his name and signature on the receipt or electronic device. The signature on the receipt, or electronically The device confirms receipt of the packages and confirms that they have been received in perfect condition.

5.9 In the event of damage, it is necessary at the time of delivery to note on the invoice what the condition of the package is, the observed describe damage and indicate the number of damaged packages. Please note that unspecified comments such as "subject to unpacking", "package rejected" or "damaged package" have no value and do not allow the carrier to handle the damage.

5.10 The buyer has a period of 72 hours from the date of delivery to comment on the receipt of the packages by the courier on the Confirm in writing (e-mail) or submit claims for non-compliance or defect of the goods at the time of delivery, indicating an indication and specification of the products supplied, together with all relevant supporting documents. After this period and if these formalities are not fulfilled, the products are considered as delivered in accordance with the conditions and without defects and no claim can be validly accepted by Esqusive Cooking.

5.11 Esqusive Cooking will replace the products as soon as possible and at its own expense due to an apparent defect or lack of compliance by the company, if the complaint is well-founded and the defects / comments are correctly and clearly indicated. Please contact Esqusive Cooking customer service for a quote for shipping costs of products with a deviating, non-standard size for Corsica, DOM-TOM and the overseas islands. Shipping costs for products with a standard size, according to the dimensions used by La Poste, up to and with 30 kg are automatically calculated during the order.

5.12 Once your order has been registered, Esqusive Cooking will prepare your order and ship it within 7 days, when all your items are in stock, and in about 3 to 5 working weeks for the custom products or products to be ordered from the manufacturer.

Article 6 Transfer of ownership - Transfer of risk

Unless the retention of title clause referred to in Article 4 applies, the transfer of ownership of the products of Esqusive Cooking and the corresponding transfer of the risks of loss and deterioration in connection therewith take place upon acceptance of the order by Esqusive Cooking, the realization of the agreement between the parties about the product and the price, regardless of the date of payment and delivery. The products therefore travel at the expense and risk of the buyer who, in the event of damage, can assert all claims against the carrier under the applicable legal and regulatory conditions.

Article 7 Right of withdrawal

7.1 The buyer has a legal withdrawal period of 7 working days after receipt of the products to return them to Esqusive Cooking for exchange. or refund without having to justify or pay fines with the exception of return costs, which are at the expense of the buyer.

7.2 Products must be returned in their original packaging, unused and in perfect condition, within 15 days of delivery.

7.3 Excluded from the right of withdrawal are custom-made items for the buyer.

7.4 Articles that are no longer in the original packaging, visibly used, damaged, soiled or incomplete, will not be accepted and being abletherefore cannot be returned.

7.5 The shipping costs for returns are the sole responsibility and expense of the buyer.

7.6 The return of the products must precede an authorization from Esqusive Cooking Customer Service (by e-mail: contact@muansun.com or via your personal account at www.esqusive.com) and must be accompanied by a copy of the delivery note and invoice.

7.7 The exchange (subject to availability of items) or refund will be made within 15 days of receipt by the buyer returned items, by Esqusive Cooking.

7.8 In case of abnormal or abuse of the possibility of return shipments, Esqusive Cooking reserves the right to refuse orders from the customer.

Article 8 Returns, exchanges

8.1 For any request for return or exchange, the customer has a period of 10 working days after receipt of the packages.

8.2 The return of the products must precede an authorization from Esqusive Cooking Customer Service (by e-mail: contact@muansun.com or via your personal account at www.esqusive.com) and must be accompanied by a copy of the delivery note and invoice.

8.3 The return shipment to Esqusive Cooking must be provided with the customer number and the corresponding invoice number, Esqusive Cooking Customer Service will provided with instructions.

8.4 Packages must be returned to Esqusive Cooking in perfect condition and in their packaging. Items that are no longer in the original packaging, damaged, soiled or incomplete will not be accepted and therefore cannot be returned.

8.5 Custom-made items for the buyer may not be returned or exchanged.

8.6 For every return due to a demonstrable error by Esqusive Cooking, the shipping costs will be borne by Esqusive Cooking.

8.7 For returns for the personal convenience of the customer, the costs of return, transport and the packages will be deducted from the credit provided to the customer.

8.8 In the event of abnormal or misuse of the possibility of return shipments, Esqusive Cooking reserves the right to refuse orders from the customer.

Article 9 Liability of Esqusive Cooking - Guarantee

9.1 The products supplied by Esqusive Cooking are in accordance with the legal provisions: - The legal guarantee of conformity the legal guarantee against hidden defects as a result of material, design or manufacturing defects that affect the delivered products and make them unsuitable for the use of the manufacturer's warranty, depending on the products and brands concerned.

9.2 Any warranty is excluded in case of abuse, negligence or lack of maintenance on the part of the purchaser, as in the case of normal wear and tear of the goods, accident or force majeure and Esqusive Cooking's warranty is limited to replacement or refund of non-conforming or defective products.

9.3 In order to assert his rights, the buyer must, under penalty of forfeiture of any action in this regard, within a maximum period of 7 days after the date of receipt and discovery, in writing (via email contact@muansun.com) to notify Esqusive Cooking of the existence of the defects.

9.4 Esqusive Cooking will replace or repair products or parts that are considered to be covered by the warranty. The products featured on the website sold comply with the regulations in force in France. Esqusive Cooking cannot be held liable in the event of non-compliance by the buyer of the legislation of the country where the products are delivered.

9.5 The characteristics of the products may be changed or improved (without prior notice), as a result of which the photos, texts and illustrations accompanying the products on the internet site and in the catalog have no contractual value and Esqusive Cooking cannot be held liable for this.

9.6 The buyer is solely responsible for the selection of the products, their storage and use. All products on the website www.esqusive.com must be used under the supervision of adults and / or users who are familiar with the techniques and skills for which the products are intended and to be destined.

9.7 Esqusive Cooking cannot be held responsible or liable for any delay or non-compliance as a result of the occurrence of a case of force majeure usually recognized by French case law.

Article 10 - Collection and storage of personal customer data

10.1 In accordance with Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the purchaser are necessary for the processing his order and drawing up invoices.

10.2 The purchaser has, in accordance with the applicable national and European regulations, a right of permanent access, modification, rectification and opposition to the information concerning him.

10.3 When the buyer completes his order, we ask for his email address. This is necessary for the processing of the order. This email address is exclusively used by Esqusive Cooking and is not transferred or resold to third parties. By entering the email address, the buyer goes with it agree that Esqusive Cooking uses this e-mail address to inform the buyer about (future) products and services. This can also be in the form of a newsletter. The buyer has the right to unsubscribe from this newsletter or e-mails at any time via the link sent in the relevant e-mail.

Article 11 Intellectual property

11.1 The content of the site is the property of Esqusive Cooking and its partners and is protected by French and international laws regarding intellectual property. Any reproduction in whole or in part of this content is strictly prohibited and may be counterfeit.

11.2 In addition, Esqusive Cooking (the contractor) and / or the cooperating supplier / manufacturer, remains the owner of all intellectual property rights in the studies, made drawings, models, prototypes, etc. (even at the request of the customer) for the provision of services to the customer. The customer is therefore prohibited from any form of reproduction or exploitation of said studies, drawings, models and prototypes, etc. without the express written permission from Esqusive Cooking (the provider), who can condition it to a financial contribution.

Article 12 Applicable law - Language

By express agreement between the parties, this contract is based on and subject to French law. It is written in French, which is leading. This English version is intended as a service for our English-speaking customers and should be considered that way.

Article 13 Disputes

Any disputes to which this contract may give rise, regarding its validity, interpretation, performance, termination, performance and the consequences thereof will be submitted to the competent courts under general law. In case of dispute with professionals and / or traders the courts of the place of residence of Esqusive Cooking (France) have jurisdiction.

Article 14 Acceptance of the buyer

The fact that a natural person (or legal entity) orders on the Esqusive Cooking website implies full understanding and full acceptance of this General Conditions of Sale, expressly recognized by the purchaser, who in particular refrains from using any conflicting document, that would be impracticable for Esqusive Cooking.

Subject to writing, spelling and translation errors. September 2019