Last updated on: 15 September 2022

PRIVACY POLICY

Preambule

This privacy policy informs you of how EKOBO USA LLC, owner of the website www.by-ekobo.com (hereinafter "We" or "Us"), uses and protects the information you transmit to us when you use this site accessible from the following URL www.by-ekobo.com (hereinafter the "Website").

This privacy policy may be amended or supplemented at any time by us, in particular to comply with any legal or technological developments. In such a case, the date of its update will be clearly identified at the top of this policy.

Using this site constitutes unconditional acceptance of this privacy policy.

1. Definitions

1.1. "Website": The website accessible at the URL www.by-ekobo.com, as well as the sub-sites, portals and URL variations relating thereto.

1.2. "Publisher": EKOBO USA LLC as the owner of the website.

1.3. "User": Any person connecting to the website.

1.4. "Site content": Elements published on the website, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

2. Parties

This Privacy Policy is applicable between the Publisher of the Website, hereinafter the "Publisher", and any person connection to the Website, hereinafter the "User". 

3. Scope

This Privacy Policy is applicable to all Users. Using this Website implies you have read and fully accept its terms without restriction.

Acceptance of this Privacy Policy implies that:

  - the User has the necessary legal capacity to do it, or has the authorization of their legal tutor to do it;

  - the User is at least 16 years old, or otherwise has the authorization of their legal representative or tutor to do it;

  - the User has the power of attorney if he or she is acting on behalf of a legal person.

The User recognizes the proof value of the Publisher's electronic recording systems and waives the right to contest them in event of a dispute, unless he or she could provide the proof to the contrary.

4. Collecting information

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14th, 2016, we provide you with the following information:

4.1. Identity of the Responsible for collection and processing data on the Website:

The Responsible for collection and processing data on the Website is:

EKOBO USA LLC
8107 E. Weldon Ave
Scottsdale AZ 85251
USA

4.2. Data collected

We collect information when you register on our site, when you log in to your account, make a purchase, enter a contest, and / or when you log out. The data collected includes your personal information such as your name, your email address, as well as some information from your computer and browser such as your IP address and location, software environment, demographic data and the pages you request.

4.3. Use of collected information

The information we collect from you may be used to:

- Ensure and improve the security of the Website

- Ensure the Terms of Use and other policies of the Website are respected

- Avoid any illicit or illegal activity

- Contextualize and improve the User's experience on our Website

- Improve our customer service

- Contact you by email or other means you agreed to provide in case of necessity or per your request

- Execute contractual commitments, such as fulfillment of your order

- Administer a contest, promotion, or survey in which you agreed to participate

4.4. Confidentiality of collected information

We are the only owners of the information collected on this site. Your personal information will not be sold, exchanged, transferred, or given to another company for any reason, without your consent, beyond what is necessary to respond to a request and / or transaction, such as to ship your order.

4.5. Non-disclosure to third parties

We do not sell, trade, or transfer your personally identifiable information to third parties. The collected data can only be viewed by the members of the Publisher's management, by the staff in charge of fulfillment of your order, the staff in charge of the customer service and the staff in charge of managing the Website, and are never made freely viewable to third parties.

We believe that it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, alleged fraud, situations involving potential threats to the physical security of any person, violations of our terms and conditions, or when the law compels us to do so.

4.6. Protection of collected information

Personal data is stored in secured conditions, using state-of-the-art technical means, in compliance with the requirements of the General Data Protection Regulations and the national legislation in force.

4.7. User's rights

You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or via email via the contact form here.

4.7.1. Right to be informed

You have the right to know what personal data is collected, who is collecting data, how personal data is stored and used, all of which are the subjects of this Privacy Policy and for which information has been provided above.

If you consider that the Publisher is not respecting its legal obligations, you can file a complaint to the competent authorities.

4.7.2. Right of access

You have the right to access your personal data. You can contact us to verify the information we have. Due to the obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity.

4.7.3. Right to rectification

You have the right to request inaccurate or outdated personal information be updated or corrected. Due to the obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity.

4.7.4. Right to erasure

You have the right to request your personal data be deleted. Due to the obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity.

This right is subject to exemptions. There might be situations where we have to decline the request. For instance, for reasons in the public interest or compliance with legal obligations.

4.7.5. Right to restrict processing

You have the right to request your personal date to be used only in restricted / limited ways, excluding certain purposes and/or processing. Due to the obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity.

4.7.6. Right to data portability

You have the right to ask for your data to be transferred to you or to another organization in a machine-readable electronic format. Due to the obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity.

This right is only applicable to the data that you have provided by consent or contract and only if the processing is carried out by automated means.

4.7.7. Right to withdraw consent

You have the right to withdraw previously given consent to process your personal data. Due to the obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity.

4.7.8. Right to object

You have the right to object to the processing of your personal data. Due to the obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity.

4.7.9. Right to object to automated processing

You have the right to object to decisions being made with your data solely based on automated decision making or profiling if it is producing a legal effect that significantly affects you. Due to the obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity. 

However, this right will not apply if the processing is necessary for the performance of a contract, if it is authorized by the law, or if the processing is based on explicit consent.

5. Use of Cookies

When you first connect to our Website, you are notified by a banner at the bottom of the website that information relating to your browsing may be saved in files called "cookies". This Policy informs you about the cookies present on our website, their purpose and how to configure them.

The cookies help improving the access to our site and identifying regular visitors. In addition, the cookies improve the user experience by tracking and targeting their interests. However, the use of cookies is in no way linked to personally identifiable information on our site.

TERMS & CONDITIONS

Preamble

You are connected to this website through URL https://www.by-ekobo.com. This website (together with any other web pages or documents referred to on it) (hereinafter “Website”) is property of EKOBO USA LLC (hereinafter “EKOBO”).

EKOBO is a Limited Liability Company registered under the number 61-1739925. It's registered office address is at:

EKOBO USA LLC
8107 E. Weldon Ave
Scottsdale AZ 85251
USA

Every order concerning a Product(s) offered on the Website (hereinafter “Product(s)”) presupposes the prior consultation of the following terms and conditions of sales (hereinafter “Terms & Conditions”). In the Terms & Conditions “we” and “us” mean EKOBO and “you” and “your” means you as the client (hereinafter “Client”). The Client and EKOBO are hereinafter collectively referred as “Parties”.
The Client declares that he has the capacity to act under the following Terms & Conditions and in particular to be at least eighteen (18) years old and not to be under tutelage or curatorship.

By ordering any of EKOBO Products, you agree to be bound by the Terms & Conditions and together with your purchase order (hereinafter “Order”) this constitutes the entire contract between the Parties for the supply of Products. Please read the Terms & Conditions carefully before placing any Orders through our Website and print a copy of Terms & Conditions in force for future reference.

Your confirmation “click” after having filled out your Order constitutes an irrevocable acceptance on the applicability of the following Terms & Conditions. The confirmation “click” will express your final consent to contract with EKOBO for the selected Products.

You can reach our customer service with your questions or comments by using this online form.

The communication shall be made in French or English and we are happy to help you in every possible ways.

Article 1 – Object

The Terms & Conditions are defining the contractual relations between EKOBO and Clients within the frame of the distance selling of the Products and services offered on the Website.

The Terms & Conditions will cover exclusively the relationship between EKOBO and Clients. The Terms & Conditions cannot be varied unless we agree in writing or by email prior to the event. The Parties shall only be bound by the Terms & Conditions which are online on the day the Order is placed. EKOBO reserves itself the right to modify the Terms & Conditions at any time.

Article 2 – The Offer’s Cover

The geographic area covered by the Website is currently limited to the United States.

For any other geographic area please feel free to contact us.

Article 3 – Products and Services

Products and services offered by EKOBO are exclusively those that are displayed and offered on the Website time to time.

Products are described and displayed as accurately as possible and are often accompanied by a description of its essential characteristics. Product photographs are as accurate as possible to the original Products but do not guarantee a total similitude to them, especially concerning colours. The photographs are non-binding.

In the event of an error or omission related to description, display, photographs or colour of the Products EKOBO shall not be held liable.

Article 4 – Prices and Delivery Costs

The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error, for example $0.

Product prices are displayed in USD ($) exclusive of all taxes.

The prices do not include any delivery charges (shipping and packing costs according to the appropriate tariffs). These delivery costs shall be indicated on the Order form before the Final Order confirmation.

The Orders placed by the Clients who reside in a country outside the United States can be subject to customs duties and/or any other possible taxes which must be paid by the Client. Please note that Ekobo is not capable of determining in advance the amount of such taxes if any. In this respect, the Client is advised to contact the national Customs Office to check the latest applicable local requirements.

EKOBO will prepare an invoice for the Client which will be handed at the time of the delivery.

Article 5 – Placing the Order

By placing the Order through the Website, the Client agrees on the prices and description of Products. Every Order form digitally signed through the confirmation “click” is an irrevocable contractual obligation of the Client and can only be withdrawn in limited situations.

When confirming the Order, the client accepts the Terms & Conditions and completion of the sale contract between the Parties.

EKOBO reserves the right to make useful changes of Products and to modify them without any prior notices.

Any modifications of the Order form can only be taken in consideration when EKOBO was duly notified in written form before the expedition of any of the Products subject to the Order.

Article 6 – Confirmation of the Order

The Order is considered as final when the Client receives an order confirmation (hereinafter “Order Confirmation”). The Order Confirmation is considered as acceptance of the Order and transaction.

The Order Confirmation shall include all essential Order components (ordered Products, prices, shipping time, delivery costs).

EKOBO reserves the right to freeze the Client’s Order in the event of a non-payment, an incorrect shipping address or any other problems occurring on his account until the problem is solved.

If any of the ordered Products which has been fully and unavailable from stock (temporary unavailability or sold-out), the Client will receive a separate email informing her/him of this unavailability. If the Product is sold-out, it shall be cancelled and removed from the respective Order and the Client shall be fully refunded for such Products. The rest of the Order shall remain firm and final.

Article 7 – Payment

The total payment of the price is due from the moment the Order is finalized through the confirmation “click”.

The price chargeable from the Client is the one which was displayed on the Website at the time the Order was finalized. The Client agrees to pay the entire stipulated price for the ordered Products (price of the Product and delivery price).

The Client has an option to pay the Order exclusively by a credit card (Visa, Mastercard or American Express) or with a PayPal account. The Client guarantees that he has a necessary authorization to pay by credit card when ordering Products.

The Client may be charged with the possible extra costs caused by the utilization of a foreign payment cards. Please note that Ekobo is not capable of determining in advance the amount of such charges if any. In this respect please contact your bank in order to get information about the exchange rates and/or exchange rate commissions in force.

EKOBO reserves the right to change the payment terms at any time.

Article 8 – Delivery

Delivery will be made to the address specified when the Client completes the Order.

We aim to fulfill the Orders by the approximate delivery date specified on the Website or within the delivery period set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time from the date of the Order Confirmation, unless there are circumstances beyond our control which prevent us from doing so. Normal delivery times do not apply to unavailable Products’ or specific agreement made between the Parties.

In the event of Products which are sold-out or unavailable, Ekobo engages to inform its Clients as early as possible and to specify the approximate availability term. After receiving the information the Client has an option to choose to wait for the Product to be available again or to be reimbursed for the unavailable Product.

No compensation will be offered for late deliveries in any event.

Article 9 – Transfer of Liability

The Products will be at Client’s risk of loss or damage from the time of delivery.

Article 10 – Force Majeure

In the event of force majeure EKOBO shall be released from its obligation. Force majeure is defined as total or partial strikes that are intern or extern to EKOBO, blockade of means of transportation or supplying, the partial or total destruction of production’s premises, facilities or other, governmental or legal restrictions, computer failures, telecommunications’ blockage including networks such as Internet, or any other fortuitous occurrence that impede EKOBO to fulfil its obligations totally or partially.

Article 11 – Receipt

At the moment of the delivery the Client has to check the Products conformity and condition.

In the event of delivery delays, damages or losses caused by the carrier, the Client has to contact the carrier and EKOBO cannot be held liable in event for the delays, damages or losses caused by the carrier.

EKOBO recommends its Clients to check the delivered Products before signing the parcel’s notice of receipt. When the Client notices defects he has to refuse the delivery or to express a written precise and dated reservation. The reservation has to be confirmed by the carrier with a registered letter with a form for acknowledgment of receipt and a copy has to be handed to EKOBO.

Article 12 – Lost Parcels

EKOBO recommends to its clients to choose a delivery mode with insurance, that covers lost or alteration of the parcels.

In the case in which the client has chosen a delivery mode without insurance, EKOBO is not obligated to reimburse the lost Products.

Article 13 – Uncollected Parcels

Where Parcels are not collected by the Client these will be returned to EKOBO. In case the Client wishes the Products to be resent she/he has to assume the forwarding delivery fees.

Article 14 – Complaints for Non-Conformity

Complaints concerning the non-conformity of the Products with the Order have to be addressed in written accurate and precise form directly to Ekobo right after the parcel(s) are delivered. The Client is obligated to keep the original Product packaging and the shipping note.

In case of an error concerning the Products, the Client shall return the Products within seven (7) days after their receipt of the Order to EKOBO, provided that the Products are in the original packaging and condition, with the accompanying documents. Delivery charges will be refunded by EKOBO.

From reception of the returned Products and written form, the Products will be replaced and sent to the Client at the expense of EKOBO, except where the Products are sold out or no longer available. In this case EKOBO commits to refund the Product price to the Client.

Article 15 – Satisfied or Reimbursed

If you are not entirely satisfied with your order, please contact us in 30 days following the delivery of your order.

After verification, a return number will be allocated to the Client. After receiving a return number the Client has 14 days to send the Products back to EKOBO with their return number. No return will not be taken into consideration without the return number.

Products must be returned with their original packaging and condition, as well as potential accessories and documentation. The Product shall not be used, damaged and shall be in a condition as delivered to the Client.

The Client shall only bear the direct costs of returning the Products and shall be responsible of organizing their transportation. EKOBO will refund the full Order price to the Client within a maximum repayment term of 14 days.

EKOBO shall refund the costs of the Product(s) to the Client by using the same payment method as the Client paid to EKOBO.

EKOBO reserves the right not refund the Product price when the Product(s) are deteriorated.

Article 16 – Guarantees

All the Products sold by EKOBO are subject to strict quality controls.

However and despite our great care, some items might turn to be defective. In such event, Client is kindly asked to contact EKOBO and specify the type of defect.

The defected Product shall be exchanged with an identical Product and be sent to the Client at the expense of EKOBO, except when the Products are sold out or no longer available. In this case EKOBO commits itself to refund the Product price.

The guarantee does not apply to defects or deteriorations caused by natural tear or by an accident non-inherent to the Product (faulty care, abnormal use).

For any queries, the Client is advised to call or email EKOBO.

Article 17 – Liablility

EKOBO commits itself to a best endeavour in the sale process.

EKOBO cannot be held liable where the failure to perform its obligations is due to an unforeseeable and insurmountable event caused by a third party to the contract or by a case of force majeure.

Similarly, EKOBO cannot be held liable for any inconvenient or damages caused by the use of the Internet network, i.e. an interruption of the service, an external intrusion or the presence of computer viruses.

EKOBO cannot be held liable for the breach of any provision which would be in force in the Client's country, towards which it would not have actively targeted its activities, via marketing operations

Article 18 – Modifications and Improvement

EKOBO reserves itself the right to make Product modifications that, according to it or its manufacturer, improve their quality without having to contact the Clients.

Article 19 - Personal Data

In an attempt to perform efficiently its obligations, Ekobo must collect certain personal information about the Client (e.g. surname, first name, email address, home address, and credit card number).

By giving to EKOBO her/his personal information the Client is able to receive emails acknowledging his orders and Ekobo will be able to process the Orders.

The Client has the right to access, modify and delete information concerning him towards Ekobo by contacting Ekobo’s customer service by mail or email.

The Client may expressly choose to receive offers from Ekobo as well as from other companies or trading partners. If he doesn’t want to receive such offers the Client can inform Ekobo by mail or email.

EKOBO strives to ensure the confidentiality and security of the data transmitted. In this respect, please note that the Website utilises a secure payment mode, called Secure Socket Layer (SSL).

Article 20 – Hyperlinks

EKOBO can display hyperlinks to other website or other internet sources.

EKOBO is not able to control those sites or external sources.

Article 21 – Intellectual Property

All the content and Website is protected under Intellectual Property Laws.

Copyrights, trademarks, logos and designs, registered or not, which are displayed on the Website belong solely and exclusively to EKOBO or its partners.

Their disclosure through the Website does not amount to a license granted by Ekobo or a right to use any of the said intellectual property rights. Thus they cannot be utilised without being counterfeits.

It is strictly forbidden to copy, reproduce, download, post, transfer or distribute any documents or Products which comes from the site, in any ways.

Certain downloads are however authorized under the following exceptional circumstances: it is possible to download a copy of these documents on a computer for a strictly personal and non-commercial use provided that the Client does not change the information and keep the copyrights and other proprietary notices intact. The modification or the misuse of these documents amounts to a breach of the Intellectual Property rights of EKOBO.

Where the Client, who has his own website (for a non-commercial use), wishes to include a link to the homepage of the Website, prior authorisation must be obtained from EKOBO. This shall not amount to an implicit transfer or assignment of right, title or interest in any content or materials.

However, any hypertext link to the Website which utilises the “framing” and the “in-line linking” techniques is strictly forbidden. Any link may be removed on simple request of EKOBO.

Article 22 – Electronic signature

The validation “click” amounts for an electronic signature. This electronic signature has the same legal validity as a manuscript signature.

In the event of any fraudulent use, the Client is advised to contact Ekobo by phone or email as soon as she/he discovers this fraud.

Article 23 – Proof

Computer registers, kept in electronic data systems with reasonable security by EKOBO, shall be considered as prima facie proof of any communication, order and payment which occurred between the Parties.

The storage of the Order forms and invoices is done on a reliable and sustainable format in order to comply with the requirement of sustained and loyal copy under French Civil Law.

Article 24 – Severability and Interpretation

If any of the clauses of the Terms & Conditions are held to be void under the law, regulation or a court decision, the rest of the Terms & Conditions shall remain full in force.

COPYRIGHT

Unless noted otherwise all materials posted on the Site (including all content that may be accessed through the Service, in particular text, photos, images, sound, data, databases and downloads, as well as any related software), are protected by copyright and/or are subject to other intellectual property laws and, as such, are the property of EKOBO or of a partner and/or third party having granted EKOBO limited permission to use them.

Users may not store offline, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the site, or any related software, without the prior written permission of EKOBO.

Users agree to respect all indications relating to intellectual property rights or all other rights of EKOBO (or of a third party) on the Site and to not alter, delete, modify or use information contained therein without the prior written approval of EKOBO or in a manner that might be disparaging or otherwise harmful to EKOBO.

LINKING DISCLAIMER*

Links marked with * link outside our www.by-ekobo.com website.

EKOBO is not responsible for the privacy policy, the content or the accuracy of any website accessed through a link on by-ekobo.com. A link to other websites does not constitute an endorsement by EKOBO of the linked site, its products or services.

Regulatory restrictions and practices may vary from one country to another and, as a result, the information given in the site to which you are going may not be relevant to the country in which you are living.