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Terms & Conditions
These terms and conditions of sale (hereinafter the "Terms and Conditions") apply to any purchase made by an individual (hereinafter the "CUSTOMER") on the website https:/anvy.fr (hereinafter the "WEBSITE") from JPMarketing, SASU registered in the Trade and Companies Register under number 831 849 302 , with its registered office in Saint Paul de Vence, France Tel: 07 82 28 14 21, email: contact@anvy.fr (hereinafter the "SELLER").
IMPORTANT
Any order placed on the Site implies the CLIENT's unreserved acceptance of these terms and conditions.
ARTICLE 1. DEFINITIONS
The terms used below have the following meanings in these General Terms and Conditions:
- "CLIENT CLIENT: refers to the SELLER's co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the CLIENT is acting outside of any usual or commercial activity.
- "DELIVERY Delivery: refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated when the order was placed.
- "PRODUCTS shall designate all products available on the SITE.
- "TERRITORY refers to Metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2. PURPOSE
These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions.
ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS
The CLIENT undertakes to read these Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.
The present General Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted before placing an order. The CLIENT is invited to carefully read, download and print the General Terms and Conditions, and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, as the latest version of said Conditions applies to all new orders for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the order, the CLIENT acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.
ARTICLE 4. PURCHASING PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
The CLIENT will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the SELLER to process the CLIENT's order. The CLIENT can check the status of his order on the SITE. If necessary, DELIVERY can be tracked using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at contact@anvy.fr to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page, the steps may differ slightly).
5.2.1. PRODUCT selection and purchase options
The CLIENT must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CLIENT's shopping cart. The CLIENT may then add as many PRODUCTS as he or she wishes to the shopping cart.
5.2.2. Commands
Once the PRODUCTS have been selected and placed in the shopping basket, the CLIENT must click on the basket and check that the contents of the order are correct. If the CLIENT has not already done so, he/she will then be invited to log in or register.
Once the CUSTOMER has validated the contents of the shopping cart and has identified/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery charges.
The CLIENT is invited to check the content of its order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed with payment for the PRODUCTS by following the instructions on the SITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information required to process the order.
The CLIENT must also select the chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct .
The SELLER does not send order confirmations by post or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CLIENT must also specify the means of payment chosen.
Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT by e-mail, constitute an invoice. Whatever the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the parcel.
5.3. Order date
The order date is the date on which the SELLER acknowledges online receipt of the order. The delivery times indicated on the SITE only begin to run from this date.
5.4. Prices
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value-added tax (VAT) at the rate applicable on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
The Professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is normally indicated on the page of the PRODUCT concerned. The SELLER may also inform CLIENTS when a PRODUCT is back in stock.
In any event, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it will obtain a refund of all sums paid for unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the "Withdrawal policy", which is available at Appendix 1 and accessible at the bottom of each SITE page via a hypertext link.
ARTICLE 7. PAYMENT
7.1. Payment methods
The CLIENT may pay for PRODUCTS online on the SITE using the means proposed by the SELLER.
The CLIENT guarantees the SELLER that he/she holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first parcel is dispatched. If the CLIENT decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CLIENT corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until full payment has been received from the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by the CLIENT, or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.
ARTICLE 10. DELIVERY
The terms and conditions for DELIVERY of PRODUCTS are set out in the "Delivery Policy" referred to in Appendix 2 and accessible at the bottom of each SITE page via a hypertext link.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Withdrawal Policy.
ARTICLE 12. WARRANTIES
In addition to the commercial warranties that the SELLER may offer for certain PRODUCTS, every Customer benefits from "legal" warranties, for all PRODUCTS, which are detailed below, in accordance with article L.111-1 of the French Consumer Code.
Article 12.1. Warranty of conformity
Article L. 217-4 of the French Consumer Code The salesman delivers a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility".
Article L.217-5 of the French Consumer Code 1° If it is fit for the purpose ordinarily expected of similar goods and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter".
The SELLER is liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility or has been carried out under his responsibility.
Any action resulting from a lack of conformity must be brought within two (2) years of delivery of the PRODUCT. (Article L.217-12 of the French Consumer Code)
In the event of lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at his or her option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 1 Boulevard Victor.
Lastly, the CLIENT is exempted from proving the existence of the PRODUCT's lack of conformity for a period of twenty-four (24) months following delivery of the PRODUCT, except for second-hand goods, for which this period is six (6) months. (Article L. 217-7 of the French Consumer Code).
It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
Article 12.2 Warranty against hidden defects
The SELLER is liable for any latent defects in the PRODUCT sold which render it unfit for its intended use, or which impair such use to such an extent that the CUSTOMER would not have purchased it, or would have paid a lesser price for it, had he been aware of them. (Article 1641 of the French Civil Code)
This warranty allows the CLIENT, who can prove the existence of a hidden defect, to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT, in exchange for the return of the PRODUCT by the CLIENT to the following address: 1 Boulevard Victor. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the French Civil Code)
ARTICLE 13. LIABILITY
The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular during order entry.
The SELLER may not be held liable, or considered as having failed to comply with the present contract, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER has no control over websites that are directly or indirectly linked to the SITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER may not be held liable if the non-performance or delay in the performance of any of its obligations described in these GCS is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In this respect, the SELLER may not be held liable in particular in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, or in the event of any circumstance or event beyond the SELLER's control occurring after the conclusion of the GTCS and preventing performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim payment of any indemnity and may not bring any action against the SELLER.
Should any of the above events occur, the SELLER will endeavor to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
On the SITE, the SELLER collects personal data concerning its CUSTOMERS, including by means of cookies. CLIENTS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has expressly chosen this option, send commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link at the bottom of each offer received by e-mail.
Data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the latter have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CLIENTS whether they wish their personal data to be disclosed. CLIENTS may change their minds at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of January 6, 1978 on data processing, data files and individual liberties and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
Customers whose personal data is processed are reminded that they have the right to access, rectify, update, port and delete information concerning them, in accordance with the provisions of Articles 39 and 40 of the amended French Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CLIENT may also, for legitimate reasons, object to the processing of data concerning him or her, without reason and at no cost.
The CLIENT may exercise these rights by sending an e-mail to contact@anvy.fr or by sending a letter to 1 Boulevard Victor.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 07 82 28 14 21 (not surcharged). Any written complaint from the CLIENT should be sent to the following address: contact@anvy.fr.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
This authorization by the SELLER will in no case be granted on a permanent basis. This link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these GCS implies recognition by the CLIENT of the SELLER's intellectual property rights and an undertaking to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Any such modification or decision shall in no way authorize CLIENTS to disregard these General Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
ARTICLE 19. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
The present Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
ARTICLE 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is reached, or if the CUSTOMER proves that he/she has previously attempted to resolve his/her dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity.
To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: Jean-Philippe Girard, whose contact details are: contact@anvy.fr and who can be contacted via this link: https://anvy.fr .
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute
Since mediation is not compulsory, the CUSTOMER or SELLER may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
APPENDIX 1
WITHDRAWAL POLICY
The principle of withdrawal
In principle, the CLIENT has the right to retract by returning or returning the PRODUCT to the SELLER.
To this end, the PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days of the communication of its decision to withdraw, unless the SELLER offers to collect the PRODUCT itself.
Cooling-off period
In accordance with article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of right of withdrawal
To exercise his right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CLIENT must notify his decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to : 1 Boulevard Victor or contact@anvy.fr.
You can also use the form below:
WITHDRAWAL FORMTo the attention of : JPMarketing
SELLER'S telephone number: 07 82 28 14 21
SELLER's fax number :
SELLER*'s email address: contact@anvy.fr
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference
Invoice No. :
Purchase Order No. :
- Ordered on [________________]/received on [________________]
- Payment method used :
- Name of the CUSTOMER and if applicable the beneficiary of the order :
- CUSTOMER's address:
- Delivery address:
- Signature of CLIENT (except in the case of e-mail transmission)
- Date
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER receives the returned PRODUCT.(Article L.221-24 of the French Consumer Code).
The SELLER will make the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means. In any event, this refund will not incur any costs for the CUSTOMER.
The SELLER is not obliged to reimburse additional costs if the CUSTOMER has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the SELLER.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
Return policy
The CLIENT shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to : DREAMLOVE, POL IND LOS PALILLOS STREET ONE 3, CAP; 41500, ALCALÁ DE GUADAIRA (SIVIGLIA).
This period is deemed to have been respected if the CLIENT returns the goods before the fourteen (14) day period has expired.
Return shipping costs
The CLIENT shall bear the direct cost of returning the goods.
In the event that the weight of the PRODUCT prevents the CLIENT from returning the PRODUCT by post, the CLIENT shall bear the direct cost of returning the good.
Condition of returned goods
The PRODUCT must be returned in accordance with the SELLER's instructions and include all accessories delivered.
The CLIENT shall only be liable for depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but may be held liable for any manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER's specifications or clearly personalized.
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contracts)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance.
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the CLIENT after DELIVERY.
- the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the sales contract, the delivery of which can only be effected after 30 days and the actual value of which depends on market fluctuations beyond the SELLER's control
- Supply of digital content not supplied in dematerialized form if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal.
- contracts concluded at a public auction
APPENDIX 2
DELIVERY POLICY
Delivery zone
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the order process.
Shipping time
The time required to prepare an order and issue an invoice, prior to shipment of PRODUCTS in stock, is indicated on the SITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT upon shipment of the PRODUCTS, provided that the e-mail address entered in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping methods for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method.
The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the SITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after conclusion of the contract. (Article L.216-1 of the French Consumer Code).
DELIVERY TERMS
The parcel will be delivered to the CLIENT upon signature and presentation of an identity document.
In the event of absence, a delivery notice will be left for the CLIENT to pick up the parcel at the post office.
DELIVERY problems
The CLIENT is informed of the delivery date when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, the CUSTOMER may terminate the contract.
The SELLER will refund the total amount paid for the PRODUCTS, including taxes and delivery charges, to the CLIENT without undue delay after receipt of the letter of cancellation, using the same method of payment used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CLIENT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.
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