Terms and Conditions of Sales

TERMS AND CONDITIONS OF SALE

EVERNEL  —  contact@evernel.com

ARTICLE 1 – DEFINITIONS

These Terms and Conditions of Sale (hereinafter the “TCS”) are offered by Freecomway LLC.

The following terms shall be defined as:

“Site”: the website “https://evernel.com” and all of its pages, the exclusive property of the Company.

“Products” or “Services”: all physical products and services that may be purchased or subscribed to on the Site.

“Seller”: EVERNEL, a legal or natural person offering its Products or Services on the Site.

“Customer”: any internet user, individual or business, making a purchase of Product(s) or Service(s) on the Site.

“Consumer”: any individual acting for purposes outside of their trade, business, craft, or professional activity, in accordance with applicable U.S. consumer protection law.

Any visitor to the Site interested in the Products and Services offered by the Seller is invited to carefully read these TCS, print them, and/or save them on a durable medium before placing an order on the Site. The Customer acknowledges having read the TCS and accepts them in full.

ARTICLE 2 – APPLICATION OF TCS AND PURPOSE OF THE SITE

The Seller reserves the right to modify the TCS at any time by publishing a new version on the Site. The TCS applicable to the Customer are those in force on the date of their order on the Site.

Legal information concerning the Site’s host and publisher, the collection and processing of personal data, and the conditions of use of the Site are provided in the general terms of use, legal notices, and data charter of this Site.

This Site offers the online sale of Home & Garden products.

The Site is freely and freely accessible to all Customers. The purchase of a Product or Service requires the Customer’s full acceptance of these TCS, which the Customer acknowledges having fully read. This acceptance may take the form of checking a box confirming acceptance of these TCS (e.g., “I acknowledge having read and accepted all terms and conditions of the Site”). Checking this box shall be deemed to have the same value as a handwritten signature.

Acceptance of these TCS presupposes that Customers have the legal capacity to do so. If the Customer is a minor or lacks legal capacity, they declare that they have the authorization of a guardian, trustee, or legal representative.

The Customer acknowledges the evidential value of the Seller’s automatic recording systems and, unless they can provide proof to the contrary, waives the right to contest them in the event of a dispute.

Any Order for Products implies the Customer’s unconditional acceptance of and full adherence to these Terms and Conditions of Sale, which take precedence over any other document, including catalogs, advertisements, and notices, unless there is a prior express agreement to the contrary by the Company.

ARTICLE 3 – CUSTOMER SERVICE

The customer service department for this Site is accessible by email at: contact@evernel.com, by contact form, or by postal mail at the address indicated in the legal notices. The Customer must include their first name, last name, the subject of their request, and their Order number in the email.

For any business inquiries (partnerships, media, contract proposals), the Company is only reachable by email at contact@evernel.com.

ARTICLE 4 – ORDER PROCESS AND PURCHASING PROCEDURE

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on information provided by the supplier.

Photos on the Site are for illustrative purposes only and may vary slightly from the photographed models. These variations may be due to screen display settings, lighting, camera angles, etc.

A “Cart” is defined as the virtual container grouping all Products or Services selected by the Customer for purchase by clicking on those items. To place an order, the Customer selects the desired Product(s) by adding them to their Cart, the contents of which may be modified at any time.

1. The Customer places the Order on the Site: the Customer records and confirms the Order on the Site.
2. The Customer selects one or more Products from the Site catalog by clicking “Add to Cart.” On the Cart page, the Customer may review their Order and correct any errors before confirming.
3. On the “Information” page, the Customer enters their contact information and may opt in to email order tracking.
4. On the “Shipping” page, the Customer selects from the available shipping methods.
5. On the “Checkout” page, the Customer enters their payment and billing information and may apply any promotional code.
6. A complete Order summary is displayed. The Customer may modify all elements before finalizing. The Customer is responsible for any errors in the Order, Products, or contact information.
7. The sale is validly formed when the Customer clicks “Place My Order,” accepts the Terms and Conditions of Sale, and completes payment by their chosen method, subject to any applicable right of return.

The Order confirmation date corresponds to the date of receipt of full payment of the total price duly recorded.

ARTICLE 5 – PRICING AND PAYMENT TERMS

Unless otherwise stated, all prices listed in the catalog are in U.S. Dollars (USD), inclusive of all applicable taxes, and do not include any applicable processing or shipping fees. EVERNEL reserves the right to pass on any changes in applicable taxes to the prices of Products or Services. The Seller also reserves the right to change its prices at any time. However, the price listed in the catalog on the date of the order is the only price applicable to the Customer.

Customers may place orders on this Site and pay by Credit Card, Apple Pay, or PayPal. Credit card payments are processed through secure transactions provided by an online payment platform provider.

This Site does not have access to any of the Customer’s payment data. Payment is made directly to the bank or payment provider receiving the Customer’s payment.

EVERNEL will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

ARTICLE 6 – DELIVERY

Shipping costs will be communicated to the Customer before checkout. The Site has no geographic delivery restrictions; orders may be shipped worldwide. Delivery times indicated at checkout are estimates and are subject to delays by postal or courier services, or other exceptional circumstances (strikes, severe weather, etc.).

For deliveries outside the United States, the Customer declares themselves the importer of the Product and acknowledges that the Seller may be unable to provide exact information on the total costs related to customs duties, import taxes, or formalities applicable in the destination country.

Unless otherwise stated on the Site during checkout or in the product description, the Seller commits to delivering Products within a maximum of thirty (30) calendar days following the conclusion of the contract with a Consumer Customer.

Upon in-person delivery, the Customer may refuse a package if they observe an anomaly (damage, missing item, broken product, etc.). Any anomaly must be noted in writing on the delivery slip, accompanied by the Customer’s signature. To exercise the right of refusal, the Customer must open any damaged or defective package in the presence of the carrier and have the carrier take back the damaged goods. For mailbox deliveries, the Customer agrees to inspect the package immediately upon receipt and to contact EVERNEL support if any anomaly is found.

If the Customer’s package is returned to the Seller by the carrier, the Seller will contact the Customer upon receipt of the returned package to determine how to proceed. If the Customer accidentally refused the package, they may request re-shipment by paying the new postage costs, even if the original order included free shipping.

In the event of a delivery error or exchange (where the right of return is applicable), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from mishandling or misuse by the Customer cannot be attributed to the Seller.

Any delivery delay beyond the date or timeframe indicated to the Consumer Customer, or beyond thirty (30) days from the contract date, may result in cancellation of the sale at the Consumer Customer’s initiative, via written request, if the Seller has been notified and has failed to deliver. The Consumer Customer will then be refunded in full within fourteen (14) days of the cancellation date. This clause does not apply in cases of force majeure.

Special case – tracking shows “delivered” but package not received: If the Customer reports that the package is not in their mailbox despite the tracking status showing “delivered,” customer service may request additional information and an official carrier claim document. The Seller will then do everything possible to ensure Customer satisfaction, including immediate re-shipment at the Seller’s expense.

ARTICLE 7 – RIGHT OF RETURN AND RETURN FORM

Consumer Customers have thirty (30) days from the date of receipt of the product to return it. Any product that does not suit the Customer may be returned for exchange or refund, with no penalty other than return shipping costs, within thirty (30) days of EVERNEL’s receipt of the return request.

The Product must be returned in perfect condition, in its original, unopened packaging, and unused. The Customer bears the cost of return shipping.

It is recommended that the Customer use a trackable shipping method for returns. If a returned package does not reach the Seller and no tracking is available, no investigation can be initiated with the carrier.

The refund will be issued using the same payment method used for the original transaction, unless the Customer expressly agrees to a different refund method, and provided the refund does not incur any cost to the Customer.

The Seller reserves the right to delay the refund until the Product is received or until the Customer provides proof of shipment.

If the Product has depreciated in value due to handling beyond what is necessary to assess its nature, characteristics, and proper functioning, the Customer may be held liable for that depreciation.

Return Form

(Please complete and return this form only if you wish to return your order.)

To the attention of: EVERNEL

I / We hereby notify EVERNEL of my / our return of the item(s) described below:

Order Number: ___________________________

Full Name: ___________________________

Phone Number: ___________________________

Email Address: ___________________________

Mailing Address: ___________________________

Reason for return: ___________________________

• Exchange* (please specify desired product)
• Refund* (please provide your bank account or payment method details)

Customer Signature (only required if submitting this form on paper): ___________________________

Date: ___________________________

(*) Delete as applicable.

ARTICLE 8 – PRODUCT WARRANTIES

All items purchased on this Site are covered by the following warranties under applicable U.S. federal and state law:

Implied Warranty of Merchantability

The Seller warrants that all Products delivered conform to the contract and are free from defects at the time of delivery. This warranty covers defects existing at the time the Customer takes possession of the Product. The Customer bears the burden of proving that the defect existed at the time of receipt.

In the event of a non-conformity, the Customer may choose between repair and replacement of the Product. However, if the Customer’s preferred remedy would be disproportionately costly relative to the other option, the Seller may proceed with the alternative remedy.

Warranty Against Hidden Defects

In the event a delivered Product is non-conforming, it may be returned to the Seller for exchange. If exchange is not possible (obsolete product, out of stock, etc.), the Customer will be refunded by check or bank transfer. All costs associated with the exchange or refund process (including return shipping) shall be borne by the Seller.

Parts Warranty

The warranty is limited to thirty (30) days from the date of purchase under normal conditions of use, excluding any failure caused by an external factor. Under these conditions, the Seller agrees to replace the defective part.

ARTICLE 9 – LIABILITY

EVERNEL shall not be held liable for failure to perform its contractual obligations due to a force majeure event. Regarding purchased Products, the Seller shall not be liable for any indirect damages, loss of business, loss of profit, damages, or expenses that may arise.

The selection and purchase of a Product or Service are the sole responsibility of the Customer. Inability to use Products, in whole or in part, due to hardware incompatibility does not give rise to any compensation, refund, or liability on the part of the Seller, except in cases of a proven hidden defect, non-conformity, defect, or exercise of the right of return where applicable.

The Customer expressly agrees to use the Site at their own risk and under their sole responsibility. In no event shall EVERNEL be held liable for:

• Any direct or indirect damages, including loss of profit, loss of revenue, loss of clientele, or data loss resulting from use of the Site or inability to use it;
• Any malfunction, access unavailability, misuse, or misconfiguration of the Customer’s device or browser;
• The content of advertisements and other external links or sources accessible by Customers from the Site.

The Seller’s liability shall not be engaged if the characteristics of the Products differ from the visuals on the Site or if said visuals are erroneous or incomplete.

ARTICLE 10 – FORCE MAJEURE

Force majeure events are defined as events beyond the reasonable control of the parties that could not reasonably have been foreseen or avoided, and whose occurrence makes the performance of obligations totally impossible. This is consistent with applicable U.S. contract law principles governing force majeure and commercial impracticability.

The occurrence of a force majeure event will automatically suspend the performance of the Order.

If a force majeure event persists for more than ninety (90) calendar days, either party may cancel the Order and terminate the sales contract by providing written notice to the other party. The effective date of termination will be the date the notice is first delivered.

In this case, neither party may claim damages, unless otherwise agreed by both parties.

ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS

All elements of this Site belong to the Seller or to an authorized third party, or are used by the Seller with the permission of their respective owners. All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected under applicable U.S. copyright law (17 U.S.C. § 101 et seq.), trademark law, image rights, and patent law.

No one is authorized to reproduce, exploit, redistribute, or use in any way, even partially, any elements of the Site. Any hyperlink to the Site is strictly prohibited without the prior written consent of the Company. Any authorized link, even implicitly, must be removed upon simple request from the Company.

Only private use of the Site is permitted, subject to more restrictive applicable intellectual property provisions. Any total or partial reproduction of the Company’s catalog is strictly prohibited. Any other use constitutes copyright infringement under the Digital Millennium Copyright Act (DMCA) and applicable U.S. intellectual property law.

Any reproduction, representation, or adaptation of logos, textual content, graphics, or videos is strictly prohibited and constitutes infringement. Any Customer found guilty of infringement may have their account deleted without notice or compensation, without prejudice to any legal proceedings that the Seller may initiate.

Trademarks and logos contained on the Site may be registered by EVERNEL or by one of its partners. Any unauthorized reproduction or use may be subject to sanctions under applicable U.S. trademark law (15 U.S.C. § 1114 et seq.).

ARTICLE 12 – PERSONAL DATA PROCESSING

The Company collects Customer data:

• To process and track the Customer’s Order on its Site;
• To contact you regarding various events related to the Company, including product updates and customer relationship management;
• To gather information to improve the Site and our Products (including through the use of cookies).

The data collected is processed by the Site’s contracted service providers responsible for packaging and distributing ordered Products, as well as by Shopify Inc., the hosting provider, whose servers are secured and protected by a firewall.

Data collected is retained by the Company only for the period necessary for the purposes of collection described above, and in no case for more than five (5) years.

In accordance with applicable U.S. privacy laws, including the California Consumer Privacy Act (CCPA/CPRA), the Children’s Online Privacy Protection Act (COPPA), and the Federal Trade Commission Act, Customers have the right to access, modify, correct, delete, or object to the processing of their personal data.

Customers may exercise these rights by email at contact@evernel.com.

ARTICLE 13 – CUSTOMER COMMENTS AND SUBMISSIONS

If the Customer sends ideas, suggestions, or other submissions, whether online, by email, by mail, or otherwise (collectively, “comments”), whether at the Company’s request or not, the Customer grants the Company an unrestricted, royalty-free, perpetual right to edit, copy, publish, distribute, translate, and otherwise use any such comments in any medium.

The Company is not and shall not be obligated to: (1) maintain the confidentiality of any comments; (2) pay any compensation for comments submitted; or (3) respond to any comments.

The Company may monitor, edit, or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or in violation of any intellectual property rights or these Terms and Conditions.

The Customer agrees to submit comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, or other personal or proprietary rights, and that do not contain unlawful, defamatory, or obscene content, or any computer viruses or malware. The Customer agrees not to use a false email address, impersonate any person, or otherwise mislead the Company or third parties.

The Customer is solely responsible for their published comments and their accuracy. The Company assumes no liability for comments published by Customers or third parties.

ARTICLE 14 – SEVERABILITY

If any provision of the TCS is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the TCS and shall not affect the validity and enforceability of the remaining provisions.

These TCS supersede all prior or contemporaneous written or oral agreements. The TCS are not assignable, transferable, or sublicensable by the Customer.

A printed version of the TCS and any notice given in electronic form may be requested in judicial or administrative proceedings relating to the TCS. The parties agree that all correspondence relating to these TCS shall be written in English.

ARTICLE 15 – GOVERNING LAW, DISPUTE RESOLUTION, AND INDEMNIFICATION

These Terms and Conditions of Sale are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these TCS shall be resolved in the competent courts of the State of Wyoming, unless otherwise required by applicable law.

The Site reserves the right to pursue criminal and civil remedies against any attempted fraudulent purchase or purchase using a prohibited, stolen, or fraudulent payment method. No informal settlement will be accepted in such cases.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, attorneys, suppliers, and employees from and against any claims or demands, including reasonable attorneys’ fees and court costs, caused by or arising from your use of the Site or our products and services, your violation of these Terms, or your breach of any representations, warranties, or obligations hereunder.

Dispute Resolution

Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute informally by contacting the Company at contact@evernel.com. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue available legal remedies.

For Consumer Customers, alternative dispute resolution (ADR) options may be available through the American Arbitration Association (AAA) or other accredited ADR providers. Mediation is free for the Customer; any costs for legal representation chosen by the Customer are borne by the Customer alone.

Participation in mediation or ADR does not preclude either party from pursuing legal action in a court of competent jurisdiction.

The Site reserves the right to pursue legal action against any fraudulent purchase or use of a prohibited, stolen, or falsified payment method. No informal settlement will be accepted in such cases.

If any provision of these TCS becomes null and unenforceable, this shall not affect the validity of the other provisions and shall not release the Customer from their contractual obligations.