General sales conditions –ETAM US / Global-e 

 

INTRODUCTION 

ETAM USA Inc. (hereafter “ETAM USA”) is happy to welcome you on the website https://us.etam.com/ (hereinafter the “Site”). 

These general terms and conditions of sale exclusively govern, without restriction or reservation, the sale of products displayed on the Site to the benefit of legally capable individuals (in terms of age and mental capability) for their personal use to the exclusion of direct or indirect trade, craft, profession, or resale activity (hereafter the “Customer”). They are systematically accessible on the Site by the Customer when registering the order. 

Consequently, by placing an order, the Customer fully and unreservedly agrees to these general terms and conditions of sale to the exclusion of any other terms and conditions. 

These General Terms and conditions are entered into force in the English language. Any translation, if provided, is available for convenience only. 

SITE PUBLISHER 

ETAM USA Inc.  

A Delaware corporation whose registered office is at 60 Broad Street, Suite 3502, New York NY 10004 

Head of publication: Alexis GURDJIAN 

SITE HOST 

SFDC Ireland Limited  

Registration in Ireland with company number: 394272 3rd and 4th Floor, 1 Central Park Block G, Central Park, Leopardstown 18 Dublin Ireland. 

CUSTOMER SERVICES 

For any information, question or advice, ETAM USA‘s customer service is at the disposal of its Customers: 

• By online portal: https://service.global-e.com/ 

 

ARTICLE 1. PURPOSE 

Although ETAM USA operates this Site, it works with Global-e US Inc., a Delaware corporation, which head office is located at 200 West 41st Street New York, New York 10018 (Hereafter “Global-e”). Global-e is responsible for facilitating the execution of orders for international markets outside the European Union/Euro zone, and in the present case via https://us.etam.com.   

Global-e provides order processing and fulfilment services and is the seller of all products purchased through this Site. The checkout pages on this Site are provided by Global-e. By placing an order, each Customer acknowledges that the seller is Global-e and not ETAM USA, and that upon successful verification of your order and payment information, Global-e will buy the Products from ETAM USA and resell them to you in accordance with the present General Terms and Conditions.  

ARTICLE 2. PRODUCTS 

2.1 Features of the products 

The products offered for sale on https://us.etam.com are those displayed on the Site. They are described and reproduced by ETAM USA on the Site with the greatest possible accuracy. The information given on the product sheet states the main features of the products (colors, description, composition, size), and their price. 

However, photographs cannot be a perfect depiction of the product offered for sale, particularly regarding colors. Differences can notably result from the color quality of the photographs, the difficulty of showing on the screen the rendering of the materials or, without however being exhaustive, the technical adaptation. These differences cannot be interpreted as conformity faults and result in the cancellation of the sale. If there is an obvious error or insignificant omission between the product's features and its representation and/or its description, ETAM USA cannot be held liable. 

The products and prices are valid as long as they feature on the Site, within the limit of available stocks. 

2.2 Availability of the products 

When placing an order, the Customer is informed of the availability of the product selected. If a product is unavailable, ETAM USA agrees to inform the Customer as soon as possible by email and state, where applicable, the estimated waiting period for delivery of the product. The Customer can confirm the order or request a refund of the product on the basis of the billed price. 

• The preparation and delivery costs will be reimbursed to the Customer if the latter confirms the cancellation of the entire order. 

• The preparation and delivery costs will be charged to the Customer if the latter confirms the delivery of one or more other available products that are part of the same order. 

3. Purchase limit 

The Site does not allow products to be purchased for resale. In this respect, the Customer's attention is particularly drawn to the fact that orders may not exceed $800 USD. Customers wishing to make a purchase totaling in excess of that amount, provided it is not for the purpose of resale, should contact https://service.global-e.com/ to inquire about the possibilities and conditions of purchase in effect on this Site. 

 

ARTICLE 3. PRICES 

Prices are stated in US Dollars. 

 The checkout displays the price of the Product, any applicable sales taxes (such as State Tax), international delivery costs and fees (“Delivery Costs"), and, if available for pre-payment, import duties, tariffs and similar costs and fees that may be imposed by the delivery destination ("Import Charges"). In certain cases, the Product price may be inclusive of Delivery Costs and/or Import Charges (in full or in part) in the Product price. The Site or checkout will provide details about such offers and will indicate if the price is inclusive of Import Charges before the Customer complete and place the Order. 

Such offers may change from time to time, and without any notice. The price of Products may change as a result of exchange rate fluctuations regularly. The price of Products in the Order will be the price at the time the Customer actually placed such Order, as displayed to him on the checkout. 

At any time, ETAM USA reserves the right to modify the prices in the event of an obvious typographical or entry error. However, the products will be billed based on the prices in force at the time of registering the order, except for an obvious error. In fact, despite the vigilance of ETAM USA, it is possible price errors will occur on the Site and this, whatever the reason for it (computer bug, manual error, technical error, etc.). If orders are placed at erroneous or obviously derisory (very low) prices, they will be cancelled, even if they have been validated by ETAM USA and Global-e. ETAM USA and Global-e will then inform each of its Customers concerned as soon as possible, in order that they can, if they want to, place the order again at the corrected and accurate price. 

 

ARTICLE 4. ORDER  

4.1 Customer number 

All Customers must fill in the fields given, to create a Customer profile and obtain connection identifiers, which are personal. If these identifiers are lost or forgotten, ETAM USA must be informed as soon as possible by contacting https://service.global-e.com/. 

In order to place an order, the Customer must complete a registration form and fill out the information required for his identification: 

• Valid email address and password of his choice (confidential and personal) for identification of the Customer on the Site, 

• Nominative data marked by an asterisk, compulsory and required for processing the invoices and delivery of orders. 

It is important that the Customer fills out the form as accurately as possible to avoid any error or impact on the sending of ordered articles. The data registered on this Site are exclusively for ETAM USA or its partners in the case of express acceptance by the Customer under the conditions stated below. 
However, any Customer may have the possibility to place an order without previously creating an account, by clicking on “Guest Checkout”. Then, hereunder conditions to validate the order and proceed with its payment will apply. 

4.2 Placing an order 

Any Customer who wants to place an order selects his chosen product(s) by clicking on "Add to my cart". At the end of this step, a summary page corresponding to the purchase order appears on the screen, enabling the Customer to make all the changes then to validate by clicking on "Checkout". 

The Customer warrants that he has the necessary authorizations to use the selected payment method when placing the order. The Customer, through the validation of his shopping cart, the summary purchase order and acceptance of Global-e’s general terms and conditions of sale, agrees to move on to the order validation stage through payment. The price owed by the Customer is the amount stated on the summary purchase order, which the Customer has taken note of before validating his order. This validation equals the express acceptance of all the transactions carried out on the Site. 

4.3 Acceptance of the order 

Once the Customer places an order, Global-e will promptly acknowledge the order by sending an email which will contain the relevant details of the order. It does not constitute Global-e’s acceptance of the order to buy the products, it only constitutes acknowledgment of the order. Global-e does not accept the order (and therefore makes no commitment to provide the Customer with the products), and no contract for the sale of such products shall come into effect until Global-e specifically accepts the order and notifies the Customer by email that the products have been dispatched. 

Global-e may, upon notice, decline to accept the order (i) if the products are not available (in which case if the payment was processed Global-e will refund it to the Customer in accordance with article 2.2 hereabove) or (ii) if it is unable to verify the payment information provided by the Customer. 

ARTICLE 5. Payment 

The Customer can only pay with the payment methods available and specified on the checkout i.e American Express ; Visa ; Mastercard; Amazon Pay; ApplePay; Klarna (PayLater in 30 days, Pay now, Pay in 4); PayPal and Paypal Express; JCB; Diners and all other methods authorized by Global-e. The availability of such payment methods is dependent on the Customer’s geographical location and the offering of ETAM USA. 

The order is only processed after entering the bankcard number, its expiry date and the security code (three figures featured on the back of the bankcard) for the payment. This payment is finally validated by the bankcard EIG. The card is debited when the order is dispatched.  

When being charged, the transaction substantially looks like this: **Global-e //ETAM USA**. 

The Customer acknowledges and agrees that:  

1. Global-e will process the Order for payment and the Customer will be charged by one of its third party payment processors ("Payment Processor") using the payment method selected on checkout and such charge will be for all amounts payable under these General Terms and conditions that may be due in connection with the Order as specified on checkout;  

2. The Customer will provide valid and current information about himself;  

3. Global-e may use the tools and technology or the services its Payment Processors to process transactions on its behalf;  

4. Depending on the geography of the Customer, payment may be made to one of the intra-group affiliated companies of Global-e (listed here), and such payment will constitute a payment to Global-e and will discharge the Customer from his payment obligations in connection with the Order and purchase of the underlying Products;  

5. And the Customer can be charged additional fees (such as foreign transaction fee or cross border fee) or surcharges by his own bank, card issuer or the payment method he selected, which such charges are not Global-e charges, and Global-e has no control over these, any knowledge in advance of the applicability of such fees or surcharges nor does Global-e have any way to mitigate this, as this is purely up to the relationship and commercial terms between the Customer and his bank, card issuer or payment method and their own policies. Global-e's sole commitment in this respect is to acquire the amount specified on checkout in the Customer’s local currency. 

Global-e takes reasonable care to keep the details of the Order and payment secure, but (in the absence of material negligence) Global-e cannot be held liable for any loss which the Customer may suffer if a third party procures unauthorized access to any data the Customer provides when accessing or ordering from ETAM USA. 

ARTICLE 6. DELIVERY 

The delivery and fulfilment of the order can be carried out by various service providers, which will be selected and operated by Global-e or by ETAM USA (a "Fulfillment Provider"). 

Some products may not be delivered to certain locations or destinations (due to limitations imposed on the Product itself or by the destination). The Checkout will not permit you to submit your Order if the Merchandise cannot be delivered to your specified address. However, Global-e reserves the right, at any time, to suspend or cancel the delivery of any Product that cannot be legally delivered as such. 

Delivery will be completed when the Product will be delivered to the address chosen by the Customer as specified when placing the order (in case Import Charges were not paid, that may include the port of entrance to the country destination). Different parts of your order may be delivered on different dates. 

Unless otherwise stated, and subject to applicable laws, delivery dates given on checkout are estimates only. The Order will be delivered by the delivery time set out on checkout (based on the delivery method selected by the Customer, if such selection was available for the Order) or, if no delivery time is specified, within 30 days following the Order Confirmation date, unless exceptional circumstances exist (pre-order for example). Delivery timeframes are affected by the delivery address and the delivery method selected. Global-e is unable to specify an exact delivery date and time. 

Global-e and ETAM USA have no liability for any loss arising from delay in delivery to the extent such delay is due to circumstances beyond its reasonable control or where Global-e or ETAM USA could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures, lockdowns or other actions of the authorities are outside Global-e's or ETAM USA's control, as well as any delay resulting directly from your actions or omissions. 

If the Customer receives notification of an attempted delivery, it is his responsibility to use the details provided to contact the delivery company for re-delivery. Efforts will be made to deliver the Product according to the details in the Order. 

 

ARTICLE 7. TRANSFER OF OWNERSHIP - TRANSFER OF RISKS – IMPORTER OF RECORD 

7.1 Transfer of ownership 

Ownership of the articles purchased on the Site can only be transferred to the Customer after full payment of all the products price plus delivery charges and any other applicable costs at the moment Global-e dispatch the Products to the Customer. The non-performance by the Customer of his payment obligations confers on Global-e the right to demand the immediate return of the articles delivered, at the Customer's expense and risk. 

7.2 Transfer of risk 

Risk of damage or loss to the products passes to the Customer on delivery to the latter or to somebody identified by the Customer to carry or take possession of the products on his behalf. 

Any damage to the packages and/or the products or any error in the number of packages must be immediately mentioned in writing on the delivery ship provided by the carrier. Subject to mandatory provision of the applicable law, once the delivery note is signed by the Customer, the latter can no longer make a claim concerning the packages delivered. 

7.3 Importer of record 

The Customer will be considered the importer of record of the products, and Global-e will only be facilitating the importation on behalf of the Customer as its agent. The Customer is responsible for assuring that the product can be lawfully imported to the destination, and the Customer therefore needs to comply with all applicable laws, regulations, certifications and rules of the destination into which you import the products. Please note the standard for using the products in the destination before ordering. Products ordered to a territory with different standards cannot be returned for this reason and neither Global-e nor ETAM USA accept any liability for any circumstances which may arise for purchasing an item without the correct standards for the territory of the Customer. 

ARTICLE 9. RETURNS POLICY  

9.1 General Returns Policy 

The Returns Policy applies to all customers but does not apply to faulty products or to such other excluded products as further detailed below. 

The return request must be made within 30 days from the date the Order was placed (unless otherwise specifically stated in ETAM USA's policy or required by applicable specifically prevailing consumer law). 

If the Customer wishes to return one or more Products he purchased pursuant to these General terms and conditions, the following instructions apply: 

• the Customer must first inform of his decision to return the Product by a clear statement made through the returns portal and follow the instructions and providing the requested information therein, including providing proof of purchase (the Order identification number and the email address used for the Order), indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). If a returns portal link is not available on ETAM USA, or on the Online Support link (if available) in the Order Confirmation, then the Customer must inform of his intent to return his Order through ETAM USA's customer support, which will guide you through the process. 

• A return Product authorization ("RMA") number will be provided to the Customer (through the portal (if applicable) and via e-mail) and, if applicable, a return shipment label will be generated. 

• Promptly thereafter, the Customer will send back the returned items or hand those over as per the instructions provided to him in the return portal. The Customer must act without undue delay and in any event not later than 14 days from the day on which he communicates his cancellation of the contract. The RMA number must be included in the return package. 

• Unless otherwise specifically stated in ETAM USA's Policy, items must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box / container, including all accessories and documents. 

• All returns could be subject to strict quality control to ensure that the returned items satisfy these requirements. If the item does not meet such standards, the return and refund could be refused or the Product devaluation will be deducted from the refund amount. 

• Upon receipt of the returned item and confirmation that it has been returned in accordance with the applicable requirements, the Customer will be reimbursed for the actual paid price of the returned item and such other fees, if applicable pursuant to these General terms and conditions. 

Some or all initial Delivery Costs paid in connection with the Order may be reimbursable or refundable, if applicable based on these General terms and conditions and ETAM USA's Policy. However, any delivery and clearance costs you incur when returning items may not be eligible for reimbursement or refund other than in the event of defective Product, where he will be reimbursed for the delivery costs. 

From time to time, the Delivery Costs of returning items may be pre-paid by Global-e or ETAM USA. Such coverage (or the absence of it), will be indicated clearly on ETAM USA before checkout. 

Title and risk to the returned items will not be taken back or assumed until such items physically arrive back to the return’s facility, and therefore the Customer is advised to use a courier service offering tracked service, and to take out adequate insurance to cover the cost of the goods in transit. 

Unless expressly agreed otherwise, reimbursement will be made using the same means of payment as the Customer used for the initial transaction. 

If the Customer has paid Import Charges in connection with the Order (either pre-paid at Checkout or paid upon receipt of the Order directly to the applicable authority), he acknowledges that  

(a) he must seek reimbursement directly from the applicable authority in his destination,  

(b) it will be his sole responsibility to claim such Import Charges back from the applicable authority in your destination,  

and (c) Global-e cannot guarantee that such claim will be successful.  

If the Customer has pre-paid Import Charges, upon his written request Global-e may exert appropriate efforts to assist him in obtaining reimbursement of such Import Charges, and for such purpose the Customer hereby gives Global-e a power of attorney to act in his name to try and obtain such reimbursement (however this power of attorney is not a guarantee that such reimbursement will be successful). If the Import Charges were included in the Product price, those will be refunded as part of the refund due to the Customer, if any. 

 

9.2 Additional policy for specific destinations 

UNITED STATES 

If you are a resident of the United States, then you hereby agree that notwithstanding anything in these Terms to the contrary, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. 

 

ARTICLE 10. WARRANTY 

The products offered comply with the US rules in force. Therefore, each Customer benefits from a legal guarantee on the ETAM USA products applying for a 2-year period starting from the day of delivery of the concerned articles. 

In the event of a default occurring within 30 days from delivery, it is probable that the concerned product was already defective when purchased. Beyond this 30-day period, the Customer shall be responsible for proving that the default was already inherent when the product was delivered. 
This legal guarantee of conformity applies irrespective of the existence of a commercial guarantee. 

ARTICLE 11. LIABILITY 

Despite the care taken over the Site, the photographs and text reproduced and illustrating the products presented, can sometimes include errors: the liability of ETAM USA cannot be incurred in the case of an error in one of the photographs or texts.  

Furthermore, ETAM USA and Global-e cannot be held liable for non-performance of the contract concluded in the event of a: 

• stock shortage or unavailability of the product, 

• disturbance, total or partial strike, particularly the postal services and means of transport and/or communications, floods, fires, any force majeure event and any other unforeseeable event or one that is outside the control of ETAM USA and/or Global-e. 

ETAM USA and Global-e will not incur any liability for any indirect damages due to this contract, operating losses, loss of profit, loss of opportunity, damages or costs. 

The Site and/or checkout may contain links to third party websites or services that are not owned or controlled either by ETAM USA or by Global-e. ETAM USA and Global-e are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. The Customer: (i) is solely responsible and liable for his use of and linking to third party websites and any content that he may send or post to a third-party websites; and (ii) expressly release ETAM USA and Global-e from any and all liability arising from his use of any third-party website. Accordingly, the Customer is encouraged to read the terms and conditions and privacy policy of each third-party website that he may choose to visit. 

ETAM USA accepts no liability: 

• for any interruption in the Site, occurrence of bugs, damage resulting from a fraudulent intrusion of a third party having resulted in a modification of the information provided on the Site, 

• for insubstantial errors relating to the products, 

• for failure to reach the customer service and/or access the Site. 

Global-e will not be responsible for any loss or damages incurred by unauthorized use of the Customer’s payment card on the Checkout, and Global-e is not responsible for notifying the Customer’s card issuer or any law enforcement authority in these instances. 

The Customer must give ETAM USA and Global-e a reasonable opportunity to remedy any matter for which it is liable before he incurs any costs remedying the matter himself. 

Global-e cannot guarantee that the Checkout will be uninterrupted or error-free. ETAM USA and Global-e are entitled without notice and without liability to suspend the Checkout for repair, maintenance, improvement or other technical reason. 

 

ARTICLE 12. INTELLECTUAL PROPERTY RIGHT 

The Site is strictly reserved for personal use. In agreement with the laws governing literary and artistic rights or other related rights, this Site and all the elements featured on it are subject to copyright. 
Unless otherwise stipulated, the marks, designs, logos, photographs, images, graphics, etc., found on this Site as well as their compilation are exclusively owned by ETAM USA. 

ETAM USA stipulates that any reproduction, use or partial or total modification, of any element of the Site is strictly prohibited, except with the prior, special and express authorization of ETAM USA. 
Consequently, ETAM USA may initiate proceedings, particularly for infringement, against those who, directly or indirectly, infringe on its rights. 

Any access or use of the checkout for any reason other than the Customer’s personal, non-commercial use, is prohibited. The Customer further acknowledges that any other use of the material and content of the checkout is strictly prohibited, and he agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 

 

ARTICLE 13. COMPLAINTS 

For any question concerning an order already placed, the Customer may contact Global-e Web Customer Service through the "Contact Us" heading in order to directly ask his question. 
In the case of a dispute, the Customer must note down the order number as well as the exact reason for the dispute. 

Following the resolution of the problem and if a refund is necessary, this is made directly to the Customer's bank account. 

If the Customer has any questions or complaints about Global-e, these General terms and conditions or the checkout, he shall contact Global-e at https://service.global-e.com/. 

 

ARTICLE 14. MISCELLANEOUS 

Communications will be made electronically by sending email or otherwise posting electronically. 

Global-e is committed to render the carry on its business in accordance with its Code of Conduct and Modern Slavery Policy (available here ). 

Any failure by either party to exercise or enforce any right or provision of these General terms and conditions does not mean this is a “waiver” (i.e. that it cannot be enforced later). 

Headings used in these General terms and conditions are for information and not binding. 

These General terms and conditions, or any part thereof, may be assigned by ETAM USA to a third party, without the Customer’s consent, but this will not affect the Customer’s rights or obligations. A person who is not a party to these General terms and conditions shall have no rights to enforce any term of these General terms and conditions except insofar as expressly stated otherwise. 

ETAM USA and Global-e reserve the right to access, read, preserve, and disclose any information obtained in connection with the Order, and the Customer’s use of the checkout, as ETAM USA and Global-e reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these General terms and conditions, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to the Customer’ support requests, or (v) protect the rights, property or safety of ETAM USA, Global-e or the public. 

Given possible changes to the Site, ETAM USA reserves the right to adapt or modify these General terms and conditions of sale at any time. The new General terms and conditions of sale will be posted on the Site. The Customer’s use of the Checkout after the change of General terms and conditions means that the Customer agrees to be bound by the modified General terms and conditions. 

These General terms and conditions constitute the entire agreement with respect to the subject matter of the Order. The contract in respect of any Orders is concluded between the Customer and Global-e or Global-e’s intra-group affiliate acting on behalf of Global-e and may be officially concluded in the English language only, and that no public filing requirements apply. 

 

ARTICLE 15. APPLICABLE LAW - DISPUTES 

This contract is governed by Delaware law, or other applicable laws in case such laws prevail US Laws. 

In the event of any dispute concerning the application, execution and interpretation of these General Terms and Conditions, the US Courts will be exclusively competent. 

For dispute resolution, the Customer may also refer to Article 9.2 hereabove.