Terms of Sales
1. Purpose of the Site
The ermada.fr website (hereinafter referred to as the Website) is an e-commerce site accessible via the Internet, published by ERMADA “Equitable et Rare de MADAgascar”.
It offers the sale of products from Madagascar.
The use of the Website by any person, whatever the purpose of their visit, consultation or purchase, (hereinafter the “Visitor” and collectively the “Visitors”) is governed by these General Conditions of Use ( hereinafter also referred to as “T&Cs”).
2. Personal data
ERMADA collects personal data. Visitors are informed that this automated processing of information, in particular the management of Visitors’ e-mail addresses, has been declared to the CNIL (declaration n°1526623).
The personal data that ERMADA collects is collected, processed, recorded and stored in accordance with the legal provisions in force in France.
2.1. Means of Data Collection
When registering a Visitor, ERMADA collects personal data using the form available from the “Register” module and information given at the end of an order on the Site. ERMADA thus collects the surnames, first names, full address, e-mail address, possibly telephone number and IP address of Visitors. In addition, ERMADA may ask the Visitor to provide optional information such as product preferences.
2.2. Purposes
The personal data collected by ERMADA during any visit or order from the Visitor is necessary for the management of his order by ERMADA and its service providers.
In addition, the Visitor’s data may be used, subject to the rights exercised by the Visitor, to inform the Visitor by e-mail of the products provided by ERMADA and its offers.
Furthermore, ERMADA reserves the right to collect and publish generic information relating to the profiles of Visitors without, however, indicating personal data such as the name and addresses of the Visitor.
ERMADA may also collect statistical information in order to know the use that Visitors make of the Website (frequency of consultation of the various pages of the Website, sales statistics and origin of Visitors to the Website, etc.).
Information relating to the Visitor’s profile is kept by ERMADA and will only be used internally to conduct market research in particular.
Finally, through ERMADA, the Visitor who has expressly given his prior consent, may be required to receive by e-mail commercial proposals relating to products supplied by commercial partners of ERMADA or emanating from them.
2.3. Rights of access, rectification, deletion and opposition
Any personal data is subject to the provisions of Law No. 78-17 of January 6, 1978, as amended. As such, the Visitor and the recipient of an Order (as this term is defined in the T&Cs) have the right to access and have the data concerning them processed by ERMADA corrected or deleted, as well as the right to oppose the processing of this data for the purposes of direct commercial prospecting.
The Visitor and the recipient of an Order may exercise these rights with:
ERMADA Customer Service
115 Julius Caesar Road
95600 EAUBONNE
France
hereinafter referred to as the Postal Address
or by telephone on 01 39 59 10 23 / 06 20 14 63 14, hereinafter referred to as Telephone
or by writing to: contact@ermada.fr hereinafter referred to as the Email Address
or via the unsubscribe link contained at the bottom of each of the emails sent by ERMADA
In the event of a problem encountered in this regard, the Visitor may contact ERMADA Customer Service, the contact details of which are given above.
2.4. Recipients
The personal data collected through the Website will be transmitted to partner companies, in particular to allow the processing of the purposes presented above as well as the detection of payment fraud.
The Visitor is informed that his personal data may be transmitted to companies domiciled in countries that do not provide an adequate level of protection, within the meaning of Directive 95/46/EC. In this case, ERMADA concludes, as far as possible, with the recipients concerned, agreements aimed at ensuring an adequate level of protection, in accordance with the contractual clauses validated by the European Commission and the CNIL.
2.5. Data usage
ERMADA will not transfer or sell personal data to unaffiliated and non-partner third parties unless ERMADA has previously informed the Visitor in press releases, agreements or by information available on the Site, or unless the Visitor has expressly given his consent or as required by law.
Given the state of technologies, in particular those generally applied to telecommunications networks, ERMADA cannot guarantee in particular the confidentiality, integrity or authentication of the e-mails or voice messages that the Visitor sends to , or receives from, ERMADA.
3. Intellectual property
The Site, as well as any software necessarily used in connection with it, may contain confidential information as well as data protected by intellectual property law.
Thus, unless otherwise stated, the intellectual property rights on the documents and any data of any kind contained in the Site and each of the elements making up the Site (images, illustrations, sounds, texts, graphic elements, charter, etc.), including including software, databases and newsletters are the exclusive property of ERMADA, which does not grant any license or any right other than that of consulting the Site.
The reproduction of all or part of the Content is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes in any way whatsoever and in any form whatsoever being expressly prohibited.
It is also prohibited to copy, modify, create a derivative work, assemble, de-compile (except as provided by law), sell, assign, sublicense or transfer in any way any right relating to Content.
It is also prohibited to modify all or part of the Content and in particular the software or to use modified versions of the software with a view in particular to obtaining unauthorized access to the service and to accessing the Site by any means other than the interface which is provided to the Visitor by ERMADA for this purpose.
4. Liability
The Visitor is personally responsible for setting up the IT and telecommunications resources allowing access to the www.ermada.fr Website and the knowledge necessary for using the Internet and accessing the Website. The Visitor bears the costs of connection and equipment related to Internet access and use of the Website www.ermada.fr.
The Visitor uses the Website at his own risk. ERMADA cannot therefore be held liable for any damage that any Visitor may suffer as a result of such use.
5. Order
5.1. Validity of the order placed on the Site www.ermada.fr
The consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require a handwritten signature; any order validated by the consumer on the website www.ermada.fr implies the prior acceptance of these general conditions.
The applicable conditions will then be those in force on the site during the validation of the order by the consumer. As we cannot validly guarantee the accuracy and completeness of the information appearing on the site, our responsibility cannot be engaged in particular in the event of:
damage, direct or indirect, whatever the causes, origins, nature or consequences;
damage resulting from fraudulent intrusion by a third party leading to a modification of the information appearing on the site.
These general conditions of sale express the entirety of the obligations and rights of both parties. Also, the consumer is deemed to accept without reservation all the provisions of the said conditions.
5.2. Customer service
For any information, question or advice, you can contact our customer service:
By mail to the Postal Address
By phone to Phone
or by e-mail to the e-mail address
These addresses are indicated in paragraph 2.3.
5.3. Product availability
Our product offers, offered on the Site, are only valid within the limits of available stocks, excluding promotional operations mentioned as such on the Site. In case of unavailability of the product after placing your order, we undertake to inform you within 7 days after the expected period and to indicate the waiting period for receipt of this product. You can, if you wish, request the cancellation (refund on your account within 15 days) or the replacement of a product by sending us an email to the Email Address: contact@ermada.fr.
All product offers offered on the Website are limited to Metropolitan France, DOM TOM, Corsica and Monaco and to European countries.
The prices appearing on this Website are indicated in Euros, all taxes included, excluding participation in shipping or delivery costs, and are subject to change during the year.
Our products remain our entire property until full payment of the price.
5.4. Confirmation of the order
When confirming your order by sending an email, you declare that you accept the content of the order as well as all of these general conditions of sale fully and without reservation. Your order will then be processed so that you can receive your package. You can print your order form. Upon registration of your order, an acknowledgment of receipt will be sent to your email address. This acknowledgment of receipt will specify the exact amount that will be invoiced to you and the terms of delivery of your order. This acknowledgment of receipt constitutes acceptance of your order and will validate the transaction. However, we reserve the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
5.5. Terms of Payment
Payment for your purchases on the Site is made exclusively in Euros and is made either by credit card or via Paypal. In both cases, this is done online when the order is placed and is completely secure. The entire transaction is sent in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode. You then make your purchases in complete safety.
5.6. Terms of delivery
The products can be delivered in metropolitan France, in the overseas departments, in Corsica, in Monaco and in the countries of Europe, to the address of your choice, in accordance with the elements that you will have provided to us.
ERMADA declines all responsibility in the event of delay or absence of delivery resulting from the transmission of erroneous or incomplete elements concerning the delivery address that you have indicated to us.
Orders are shipped on the first Monday following payment validation by ERMADA. The delivery date depends on processing and postal delivery times.
Indeed, all our products come directly from Madagascar; they are then packaged in a hermetically sealed and solid package (envelope or parcel) bearing no mention of the ERMADA site.
ERMADA cannot be held responsible in the event of a problem during transport (torn envelope, open parcel) or if a person other than the one for whom the parcel is intended is brought to open it.
It is up to the customer in the event of a particular problem to make reservations with the post office distributor and to send us a statement drawn up by the distribution center in your region to obtain compensation and return the package to your destination.
Any failure to provide these supporting documents will be at a loss for the customer.
5.7. Return of products
In accordance with article L 121-16 of the consumer code, if the product does not correspond to your request, you can return it to us in its original packaging, in perfect condition, within 7 days of its receipt by your care at the Postal Address.
Any return must be preceded by a return request indicating the reason and sent to Customer Service.
You can opt for an exchange or a refund. This will be done on your account within 15 days of receipt of your request and according to the following terms:
If the package is returned unopened, we will refund the price of your order, excluding shipping costs.
If the product is returned due to our responsibility, we will refund the amount of your order, including shipping costs.
If your package has arrived damaged at the post office or at your home, you must declare the claim to the respective postal services, who will give you a certificate of spoliation. From then on, we will be notified by the departments concerned and will be able to call on the carrier’s guarantee in order to return the contents of your order to you as soon as possible by postal parcel. Without this, no refund can be granted.
6. General
6.1. Amendments
ERMADA reserves the right to modify and update the General Conditions of Use without notice. To be informed of these possible modifications, ERMADA regularly advises the Visitor to re-read the T&Cs. The date indicated in the T&Cs corresponds to the date of their last modification. Use of the Website will be subject to the T&Cs in effect at the time of use.
6.2. Entirety
In the event that one of the clauses of these T&Cs is void due to a change in legislation, regulations or by a court decision, this could in no way affect the validity and compliance with the other clauses of the T&Cs. .
6.3. Applicable law
These T&Cs are subject to French law.
ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN ERMADA AND THE VISITOR, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, WILL BE, IN THE ABSENCE OF AMICABLE AGREEMENT, THE EXCLUSIVE JURISDICTION OF THE COURTS FROM PONTOISE. THIS ATTRIBUTION OF JURISDICTION VALID NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PRESERVATIVE PROCEDURES IN CONFERENCE OR BY REQUEST.
For any information, you can contact 01 39 59 10 23 / 06 20 14 63 14.
6.4 Date of last modification
These General Terms and Conditions of Use were updated on April 21, 2019