GENERAL CONDITIONS OF SALE – INTERNET
In force on 01/01/2017
ARTICLE 1 – FIELD OF APPLICATION
These General Conditions of Sale (known as “GTC”) apply without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“The Customers or the Customer”) wishing to acquire the products offered. for sale (“The Products”) by the Seller on the site https://www.design-aglae.com. The Products offered for sale on the site are as follows:
• Soliflore illuminating under UV light, Floral coloring serum, Subscriptions, Event services
The main characteristics of the Products and in particular the specifications of use, illustrations and indications of dimensions or functional capacities of the Products, are presented on the site https://www.design-aglae.com which the customer is required to be aware of before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are understood to be within the limits of available stocks, as specified when placing the order.
These T & Cs are accessible at any time on the https://www.design-aglae.com site and will prevail over any other document.
The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure for the https://www.design-aglae.com site.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with Customers.
The Seller’s contact details are as follows:
SH DESIGN AGENCY, SAS
Share capital of 20,000 euros
Registered with the RCS of Melun, under number 823002746
25 rue des chèvrefeuilles 77000 Vaux-Le-Pénil
mail : firstname.lastname@example.org
phone : 0603061829
Intracommunity VAT number FR29823002746
The products presented on the site https://www.design-aglae.com are offered for sale for the following territories: Europe.
In the event of an order to another country other than mainland France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.
ARTICLE 2 – PRICE
The Products are supplied at the current prices listed on the site https://www.design-aglae.com, when the order is registered by the Seller.
The prices are expressed in Euros, HT and TTC.
The prices include any reductions that may be granted by the Seller on the site https://www.design-aglae.com.
These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not always include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice may be established by the Seller and given to the Customer upon delivery of the Products ordered.
Some orders may be the subject of a previously accepted quote. The quotes established by the Seller are valid for a period of 2 months after their establishment.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the site https://www.design-aglae.com the Products he wishes to order, according to the following methods:
Selection of items in the virtual shopping cart. Description of the delivery address. Payment (via secure PayPal mode).
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site https://www.design-aglae.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The seller reserves the right to cancel or refuse any order from a Customer with whom there is the slightest moral dispute, in particular relating to the payment of a previous order.
The customer will be able to follow the progress of his order on the site.
ARTICLE 4 – PAYMENT CONDITIONS
The price is paid by secure payment, according to the following terms:
• payment by credit card
• or payment by check
• r payment by bank transfer to the Seller’s bank or PayPal account (the details of which are communicated to the Customer when placing the order)
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the secure protocol defined by the approved payment service provider for banking transactions carried out on the site https://www.design-aglae.com.
In the event of payment by check, it must be issued by a bank domiciled in metropolitan France or Monaco.
The check is cashed upon receipt.
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Seller.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.
ARTICLE 5 – DELIVERY
The Products ordered by the Customer will be delivered in metropolitan France or in the following area: Europe.
Deliveries are made within 3 working days to the address indicated by the customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information only.
If the Products ordered have not been delivered within 14 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be canceled at the Customer’s written request within conditions provided for in Articles L 216-2, L216-3 and L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
When the Customer is responsible for calling on a carrier that he himself chooses, delivery is deemed to have been made upon handing over the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore recognizes that it is the carrier’s responsibility to make the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on estimate previously accepted in writing. by the customer.
The Customer is required to check the condition of the products delivered. He has 48 hours from delivery to formulate complaints by email, videoconference (Skype, Facetime, live Facebook, live WhatsApp) or telephone only, supporting photos if deterioration, accompanied by all supporting documents. related (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these GTC
The transfer of the risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller’s Products will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – RIGHT TO RETRACT
According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a direct telephone call or outside establishment, without having to justify its decision or bear other costs than those provided for in Articles L.221-23 to L 221-25.
The period mentioned in the first paragraph runs from the day:
1 ° The conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;
2 ° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot of the last part. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good. »
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by proof of purchase
Damaged, soiled or incomplete Products are not taken back
The return costs remain the responsibility of the Customer
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – SELLER’S RESPONSABILITY GUARANTEES
The Products supplied by the Seller benefit from
• the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
• the legal guarantee against hidden defects resulting from a material or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-5 of the Consumer Code
“The good conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
if it corresponds to the description given by the seller and has 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, in particular in advertising or labeling;
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 attention of the seller and which the latter has accepted. «
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods. »
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price if he had known them. ”
Article 1648 alinéa 1er du Code civil
« L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from fatal defects must be brought by the purchaser within two years of discovery of the defect. «
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the distribution of a movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. «
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-compliance of the Products or of the existence of hidden defects from their discovery.
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 60 days of the Seller’s finding of the lack of conformity or the hidden defect. This reimbursement can be made by bank transfer or check.
The Seller’s liability cannot be engaged in the following cases:
non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to verify,
in the event of improper use, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure,
the photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
Provisions relating to the contractual guarantee
Products purchased on the site https://www.design-aglae.com may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee as indicated where applicable in the description of a given Product, according to the following terms, conditions and prices:
Refund of the product at the purchase price, excluding shipping and return costs to SH DESIGN AGENCY. The product must be returned to headquarters.
This contractual guarantee covers the following situations:
Obvious malfunction rendering the product unusable. Domestic accident with the product.
This warranty is excluded in the following situations:
The product was offered to a third party. The product has features that are expected of it. The product has been damaged by the customer. The product has not been returned or received at SH DESIGN AGENCY’s head office.
It is applicable under the following conditions:
The buyer is dissatisfied with the product because it has none of the expected effects or has a flagrant malfunction making it unusable.
ARTICLE 9 – DATA PROCESS AND FREEDOMS
En application de la loi 78-17 du 6 janvier 1978, il est rappelé que les données nominatives qui sont demandés au Client sont nécessaires au traitement de sa commande et à l’établissement des factures, notamment.
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for processing their order and preparing invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the site https://www.design-aglae.com has been declared to the CNIL, number 2032639.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised in accordance with the procedures described in the “legal notices” section of the site https://www.design-aglae.com.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the https://www.design-aglae.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These GTC and the transactions resulting from them are governed and subject to French law.
These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.