Terms & Conditions
These general terms and conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website acosparis.fr (hereinafter the "SITE") from Acos Paris, a limited liability company registered with the trade and companies register under the number 849789367, with its registered office at 1 rue de St Flour 57150 Creutzwald, France, Tel: +337.83.65.67.54, email: info@acosparis.com (hereinafter the "SELLER").
IMPORTANT
Any order placed on the Site implies the mandatory and unconditional acceptance by the CUSTOMER of these general terms and conditions.
ARTICLE 1. DEFINITIONS
The terms used hereinafter have the following meanings in these General Conditions:
"CLIENT": refers to the contracting party of the SELLER, who guarantees to have the status of a consumer as defined by French law and jurisprudence. In this regard, it is expressly stipulated that the CLIENT is acting outside of any usual or commercial activity.
"DELIVERY": refers to the initial presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the order.
"PRODUCTS": refers to all products available on the SITE.
"TERRITORY": refers to Metropolitan France (excluding overseas departments and territories).
ARTICLE 2. OBJECT
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers, and professionals must contact the SELLER's commercial service to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to read these General Conditions carefully and accept them before proceeding to the payment of an order for PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE through a link and must be consulted before placing the order. The CUSTOMER is invited to read, download, print the General Conditions, and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, as the latest version applies to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood, and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to justify the agreement of their legal representatives.
The CUSTOMER will be prompted to provide information to identify themselves by completing the form available on the SITE. The asterisk (*) indicates the mandatory fields that must be filled in for the SELLER to process the CUSTOMER's order. The CUSTOMER can check the status of their order on the SITE. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's commercial service at any time by email at info@acosparis.com to obtain information about the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate, and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their 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 CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read these details carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.
- Article 5.2. Order Procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note that depending on the CUSTOMER's starting page, the steps may slightly differ).
- 5.2.1. Selection of Products and Purchase Options
The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the relevant PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, it is placed in the CUSTOMER's cart. The CUSTOMER can then add as many PRODUCTS to their cart as they wish.
- 5.2.2. Orders
Once the PRODUCTS are selected and placed in their cart, the CUSTOMER must click on the cart and verify that the content of their order is correct. If the CUSTOMER has not done so yet, they will then be prompted to identify themselves or register.
Once the CUSTOMER has validated the content of the cart and has identified/registered, an online form will appear, automatically filled in and summarizing the price, applicable taxes, and, if applicable, delivery charges.
The CUSTOMER is invited to check the content of their order (including the quantity, characteristics, and references of the ordered PRODUCTS, the billing address, payment method, and price) before validating its content.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and providing all necessary information for the billing and DELIVERY of the PRODUCTS. For PRODUCTS with available options, specific references appear when the correct options are selected. Orders must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
- 5.2.3. Acknowledgment of Receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgment is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct.
The SELLER does not send any order confirmation by postal mail or fax.
- 5.2.4. Invoicing
During the ordering process, the CUSTOMER must enter the necessary information for billing (the asterisk (*) will indicate the mandatory fields that must be filled in for the SELLER to process the CUSTOMER's order).
The CUSTOMER must clearly indicate all information related to DELIVERY, especially the exact DELIVERY address and any access code to the DELIVERY address.
The CUSTOMER must also specify the chosen method of payment.
Neither the order form that the CUSTOMER establishes online nor the order acknowledgment that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the ordering or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
- 5.3. Order Date
The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only start running from this date.
- 5.4. Price
For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, including all taxes, as well as applicable delivery charges (depending on the package weight, excluding packaging and gifts, DELIVERY address, and the chosen carrier or mode of transport).
Prices include, in particular, the value-added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the sold PRODUCT.
The prices of the SELLER's suppliers may be subject to change. Accordingly, the prices indicated on the SITE may change. They may also be modified in the case of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
- 5.5. Availability of Products
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is usually indicated on the page of the concerned PRODUCT. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER promptly if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if agreed upon by the parties, propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will receive a refund of all amounts paid for the unavailable PRODUCTS no later than thirty (30) days after payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms of the right of withdrawal are provided in the "withdrawal policy," a policy available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hyperlink.
ARTICLE 7. PAYMENT
7.1. Payment Methods
The CUSTOMER can pay for their PRODUCTS online on the SITE using the methods offered by the SELLER.
The CUSTOMER guarantees to the SELLER that they have all the necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online for online payment on the SITE.
It is specified that all payment-related 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 one-time payment by credit card, the CUSTOMER's account will be debited upon placing the order for PRODUCTS on the SITE.
In the case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
7.3. Delay or Refusal of Payment
If the bank refuses to debit a card or another payment method, the CUSTOMER must contact the SELLER's Customer Service to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal, or otherwise, the transmission of the money flow due by the CUSTOMER becomes impossible, the order would be canceled, and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order amount exceeding 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The SELLER agrees to archive this information to ensure monitoring transactions and to produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of ownership, as well as the risks of damage they may cause.
ARTICLE 10. DELIVERY
The terms of DELIVERY of the PRODUCTS are provided in the "delivery policy" referred to in Annex 2 hereto and accessible at the bottom of each page of the SITE via a hyperlink.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 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, as detailed below, in accordance with Article L.111-1 of the Consumer Code.
Article 12.1. Conformity Guarantee
Article L. 217-4 of the Consumer Code: "The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when it was charged with it by the contract or carried out under its responsibility."
Article L.217-5 of the Consumer Code: "The goods are in conformity with the contract: 1° If it is suitable for the customary use of a similar good and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by 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 may be held liable for defects of conformity existing at the time of delivery and defects of conformity resulting from packaging, assembly instructions, or installation when it was charged with it or carried it out under its responsibility.
The action resulting from the lack of conformity is prescribed within two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code).
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at their choice. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other option available, given 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 Customer.
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 CUSTOMER to the following address: 1 rue de St Flour 57150 Creutzwald.
Finally, the CUSTOMER is exempt from proving the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is set at six (6) months (Article L. 217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies independently of any commercial warranty granted, if any, on the PRODUCTS.
Article 12.2. Guarantee of Hidden Defects
The SELLER is responsible for the guarantee of hidden defects in the sold PRODUCT that make it unfit for the use for which it is intended or which so diminish this use that the CUSTOMER would not have acquired it or would have given it a lower price, had they known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between the refund of the price of the PRODUCT if returned and the refund 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 upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 1 rue de St Flour 57150 Creutzwald. The action resulting from latent defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (First paragraph of Article 1648 of the Civil Code)
ARTICLE 13. LIABILITY
The liability of the SELLER cannot in any case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, especially when entering their order.
The SELLER cannot be held responsible or considered to have failed in these conditions for any delay or non-performance when the cause of the delay or non-performance is related to a force majeure event as defined by the jurisprudence of French courts and tribunals.
It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published there. Links to third-party websites are provided for informational purposes only, and no guarantee is provided as to their content.
ARTICLE 14. FORCE MAJEURE
The liability of the SELLER cannot be invoked if the non-performance or delay in the performance of one of its obligations described in these GTC results from a force majeure event.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting from it justifies the resolution of the contract. If the impediment is final, the contract is terminated automatically, and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this regard, the liability of the SELLER cannot be incurred, notably in the event of a hacking attack, unavailability of materials, supplies, spare parts, personal equipment, or other, interruption of electronic communication networks, as well as in the event of any circumstance or event beyond the control of the SELLER occurring after the conclusion of the GTC and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot take any action against the SELLER.
In the event of the occurrence of one of the aforementioned events, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data concerning its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable 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 them commercial prospecting letters, newsletters, promotional offers, and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidentially by the SELLER for the needs of the contract, its execution, and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, relating to 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, GDPR), the SELLER ensures the implementation of the rights of the data subjects.
It is reminded that the CUSTOMER whose personal data is processed has the rights of access, rectification, updating, portability, and erasure of information concerning them, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act and Articles 15, 16, and 17 of the General European Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of Article 38 of the amended Data Protection & Freedoms Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning them, without cause and without charge.
The CUSTOMER can exercise these rights by sending an email to the address: info@acosparis.com or by sending a letter to 1 rue de St Flour 57150 Creutzwald.
It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending the SELLER a photocopy of their identity document.
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: +33.0786289699 (non-premium rate number). Any written complaint from the CUSTOMER must be sent to the following address: 1 rue de St Flour 57150 Creutzwald.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark, and/or patents.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hyperlink to the SITE must request written permission from the SELLER.
This permission from the SELLER will not be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use 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 content, by any means whatsoever, without the prior express authorization of the SELLER, is prohibited and constitutes infringement punishable by articles L.335-2 and following and articles L.713-1 and following of the Intellectual Property Code.
Acceptance of these GTC acknowledges by the CUSTOMER the intellectual property rights of the SELLER and a commitment to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions, shall not affect the validity of these General Conditions. Such modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions.
All conditions not expressly addressed herein will be governed in accordance with the practices of the consumer sector, for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely dated and may be changed and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL CONDITIONS, AS WELL AS THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER, ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to arbitration or state courts, the Customer is invited to contact the SELLER's complaints department.
If no agreement is reached, or if the CUSTOMER can justify having attempted, beforehand, to resolve their dispute directly with the SELLER through a written complaint, an optional mediation procedure will be proposed. This procedure will be conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement in the event of any conflict related to this contract, including disputes about its validity.
To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: Nicolas Marcic, whose contact information is Nicolas Marcic and who can be reached via this link: Nicolas Marcic.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
Since mediation is not mandatory, the CUSTOMER or the SELLER may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT HAS GONE THROUGH MEDIATION WILL BE SUBMITTED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.
ANNEX 1
WITHDRAWAL POLICY
Withdrawal Principle
The CUSTOMER has the right to withdraw by returning or restoring the PRODUCT to the SELLER.
To do so, the PRODUCT must be returned or restored without undue delay, and at the latest within fourteen (14) days following the communication of the decision to withdraw, unless the SELLER offers to collect the PRODUCT.
Withdrawal Period
In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT.
In the event that the CUSTOMER has ordered multiple PRODUCTS via a single order resulting in multiple DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last delivered PRODUCT.
If the CUSTOMER's order includes multiple PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last PRODUCT.
Notification of the Right of Withdrawal
To exercise the right of withdrawal, and in accordance with Article L.221-21 of the Consumer Code, the CUSTOMER must notify their decision to withdraw through an unambiguous statement (for example, a letter sent by post, fax, or email) to: 1 rue de St Flour 57150 Creutzwald or info@acosparis.com.
The CUSTOMER can also use the form below:
WITHDRAWAL FORM Attention: Acos Paris
Seller's phone number: +33.0786289699 Seller's fax number: Seller's email address*:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Product Reference Invoice No: Order No:
-
Ordered on []/received on []
-
Payment method used:
-
Customer's name and, if applicable, the order beneficiary:
-
Customer's address:
-
Delivery address:
-
Customer's signature (unless transmitted by email)
-
Date
To meet the withdrawal deadline, the CUSTOMER must send their communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Effects of Withdrawal
In the event of the CUSTOMER's withdrawal, the SELLER undertakes to refund all sums paid, including delivery costs (excluding additional costs resulting, if any, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER), without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER receives the returned PRODUCT (Article L.221-24 of the Consumer Code).
The SELLER will proceed with the refund using the same means of payment as the CUSTOMER used for the initial transaction unless the CUSTOMER expressly agrees to a different means. In any case, this refund will not incur any fees for the CUSTOMER.
The SELLER is not required to refund additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.
The SELLER may defer the refund until the receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
Return Procedures
The CUSTOMER must, without undue delay and in any event no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the goods to: 1 rue de St Flour 57150 Creutzwald.
This deadline is deemed to be met if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period.
Return Costs
The CUSTOMER must bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning the PRODUCT by mail, the CUSTOMER must bear the direct costs of returning the goods.
Condition of the Returned Goods
The PRODUCT must be returned following the SELLER's instructions and must include all delivered accessories.
The CUSTOMER's liability is only engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of the PRODUCT. In other words, the CUSTOMER has the opportunity to test the PRODUCT, but their liability may be engaged if they perform manipulations other than those that are 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 liable to deteriorate or expire rapidly.
- Supply of sealed audio or video recordings or sealed software that has been unsealed after delivery.
- Newspapers, periodicals, magazines (except for 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.
- Supply of sealed goods that cannot be returned for reasons of health or hygiene and which have been unsealed by the CUSTOMER after DELIVERY.
- Supply of alcoholic beverages whose price was agreed at the time of the sales contract, delivery can only be made after 30 days, and whose actual value depends on fluctuations in the market beyond the control of the SELLER.
- Supply of digital content not supplied on a tangible medium if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will lose his right of withdrawal.
- Contracts concluded at a public auction.
ANNEX 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 located outside of this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the order process.
Shipping Time
The times for preparing an order and then establishing the invoice before shipping the PRODUCTS in stock are mentioned on the SITE. These times do not include weekends or public holidays.
An email will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address provided in the registration form is correct.
Delivery Times & Costs
During the ordering process, the SELLER informs the CUSTOMER of the possible delivery times and formulas for the purchased PRODUCTS.
Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the purchased PRODUCTS.
The details of delivery times and costs are detailed on the SITE.
In the absence of indication or agreement on the delivery date, the SELLER delivers the PRODUCT without undue delay and at the latest within thirty (30) days from the conclusion of the contract (Article L.216-1 of the Consumer Code).
Delivery Modalities
The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document.
In case of absence, a delivery notice will be left for the CUSTOMER, allowing them to pick up their package at their post office.
Delivery Issues
The CUSTOMER is informed of the delivery date set when choosing the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within thirty (30) days at most. Failing that, the CUSTOMER must formally request the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, they may terminate the contract.
The SELLER will refund, without undue delay from the receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery costs, by the same means of payment used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial losses observed during delivery.