The hereby general conditions of sale (hereinafter referred to as the “General conditions”) apply to any purchase by an Individual (hereinafter referred to as the “Customer”) via the website http://institutkariteparis.com (hereinafter the “WEBSITE”) from Institut Karité Paris SARL, limited liability company, registered in the Paris Trade and Company register under the number RCS 712 000 884 and whose office at 420 rue Saint Honoré 75008 Paris, France, Tél : 0140070285, Fax : 0144519652, email : contact@ikparis.com (hereinafter referred to as the « SELLER »).
IMPORTANT
By purchasing via the Website, the CUSTOMER unconditionally accepts to be bound by these Terms and Conditions.
ARTICLE 1. DEFINITIONS
The terms below have the following corresponding meaning in these General Conditions:
«CUSTOMER»: shall be understood to mean the contracting partner of the SELLER, having the quality of a consumer under the French law and jurisprudence. It is on this basis that it is expressly acknowledged that the CUSTOMER acts independently of any regular or commercial activity.
«DELIVERY»: shall be understood to mean the first appearance of the CUSTOMER’s ordered products to the delivery address given at the time of ordering.
«PRODUCTS»: shall be understood to mean all the available products on the WEBSITE.
«TERRITORY»: shall be understood to mean France (excluding overseas territories).
ARTICLE 2. PURPOSE
These General Conditions regulate the sale of the Seller to the Customers of the products.
The Customer is clearly informed and aware that the Website addresses individual consumers and that any professional inquiry should be addressed to the Seller’s sales department and should be regulated by different contractual terms.
ARTICLE 3. ADHERENCE TO THE GENERAL CONDITIONS
The Customer agrees to carefully read and accept these General Conditions, before proceeding with the payment of the products’ order on the website.
These general conditions are referenced at the bottom of each page of the Website and they must be consulted before placing any order. The Customer shall carefully read, download and print these General Conditions and keep one copy.
It is recommended to read the General Conditions at each new order, as the latest version apply to new orders.
By clicking the first button to place the order and by confirming it with a second button, the Customer agrees to have read, understood and unconditionally accepted the General Conditions.
ARTICLE 4. PRODUCTS PURCHASE ON THE WEBSITE
The Customer wishing to purchase a product, must be at least 18years and have full legal capacity. If the Customer is under age, he/she must have the agreement of his/her legal representatives.
To register into the website, the Customer will be asked to provide some information by filling in a form available on the website.
The (*) sign indicates the fields required from the Seller to prepare the order.
The Customer may follow on the website the status of his/her order. In some cases, the Customer will have the possibility to follow the status of the delivery via the tracking number given by the carrier.
At any time, the Customer may also contact the sales Departement of the Seller by email at the following address: contact@ikparis.com and follow the advancement of his/her order.
The information provided by the Customer when placing an order, must be complete, correct and up to date.
The Seller reserves the right to request confirmation to the Customer, by any appropriate mean, concerning his/her identity, his/her eligibility and the supplied information.
ARTICLE 5. ORDERS
5.1 Products’ characteristics
The Seller commits to present the essential characteristics of the products (on the information sheet available on the website) and the mandatory information that the Customer requires according to the applicable law.
The Customer commits to carefully read this information before placing an order. Unless expressly stated otherwise on the website, all the products sold by the Seller are new and comply with the existing European and French regulations.
5.2 Orders’ registration
Any order of the products must be placed on the website.
The Customer who wishes to place an order, must follow the steps described below (please note that according to the opening page of the user, the steps may slightly differ)
5.2.1. Products selection and purchasing option
The Customer shall select the products in which he or she is interested by clicking on the concerned products and by choosing the wished characteristics and quantities.
Once the product selection is complete, the product is placed in the Customer’s basket.
The Customer may add as many products as he or she wishes in the basket.
5.2.2. Orders
When the selected products are placed in the basket, the Customer must click on the basket and verify that the selection is correct. The Customer will then be asked to sign in or register.
After the Customer has confirmed his or her basket and has successfully registered or signed it, an automatically completed form will appear on the screen that summarizes the price, the applicable taxes and, if applicable, the shipping costs.
The Customer is then asked to verify the details of his or her order (the quantities, the chosen characteristics and the ordered Products ‘references, the billing address, the method of payment and the prices) before confirming it.
The Customer must then proceed to the payment of the Products by following the instructions on the Website and by supplying all the required information for billing and delivering the Products.
If the Products allow the selection of multiple options, these references will appear only after the options have been selected.
All the submitted orders must include all the required information to ensure a proper processing of the order.
The Customer must also specify the chosen method of delivery.
5.2.3. Confirming receipt of the order
Once the procedures here above are complete, an Order Receipt Confirmation will appear on the Website.
A copy of the Order receipt confirmation is automatically sent to the Customer by email, provided that the supplied email address is valid.
No Order Receipt Confirmation is sent via mail nor fax.
5.2.4. Billing
While placing an order, the Customer must supply the Seller with all the required information for billing the Products (the (*) sign indicates which fields are mandatory).
The Customer must also clearly provide all the information concerning the delivery of the Products, including the exact delivery address and the possible access codes.
The Customer must also mention the chosen method of payment.
The purchase order created online, nor the order Receipt confirmation received by the Seller via email are to be considered an invoice.
Whichever chosen method of order or payment, the Customer will receive the original Invoice at the delivery of the Products, inside the parcel.
5.3. Date of the order
The date of the order is the date at which the Seller confirms the receipt of the order via the website. The lead times indicated on the website only begin on the order date as described above.
5.4. Prices
On the website the prices for the Products are shown in euros inclusive of taxes, and the applicable shipping costs (according to the weight of the parcel, exclusive of packing and gift purchases, to the delivery address and of the carrier or of the chosen method of delivery).
The prices are specifically inclusive of Value-Added Tax (VAT) at the rate applying on the date of the order. Any modification of the applying rate may affect the price of the Products from the date of entry into force of the new rate.
The VAT applicable rate is expressed as a percentage of the value of the sold Product.
The supplier prices may also be modified. The prices shown on the Website may also vary accordingly. They may also vary in case of promotional offers or exclusive sales. The prices shown are to be applied except gross error. The Products will be invoiced based on the prices in effect at the time the Customer places the order.
5.5. Products Availability
The Seller commits to ship the Products within the date or the lead time indicated to the Customer, unless the parties have agreed otherwise.
Should a product be unavailable, this will be indicated on the Product’s page. The Customers may also be informed of products restocking by the Seller.
In any case, should the product unavailability have not been indicated on the Website at the date of the order registration, the Seller shall notify the Customer immediately.
If a product is unavailable and if both parties so agree, the Seller may offer an alternative Product of equal quality and price, under prior approval by the Customer.
Shall the Customer decide to cancel the order of the unavailable Products, the amount paid will be refunded within a maximum of thirty (30) days.
ARTICLE 6. RIGHT OF WITHDRAWAL
The modalities for exercising the right of withdrawal are provided in the “Withdrawal Policy” contained in the Appendix 1 hereto and available at the bottom of the Website via a hypertext link.
ARTICLE 7. PAYMENT
7.1. Methods of Payment
The Customer may pay for the products on the Website by choosing one preferred method of payment. The Customer declares to hold the necessary authorization to use the chosen method of payment.
The Seller certifies to take all the necessary measurements to ensure the security and the privacy of the data transmitted online while using the online payment methods on the Website.
The banking information exchanged to process the payment on the Website is transmitted to the Website’s Bank and they are not processed on the Website.
7.2. Date of payment
When proceeding to a one-time credit-card payment, the Customer’s bank account will be debited as the order of the Products is confirmed on the Website.
In case of partial delivery, the total amount will be debited from the Customer’s bank account once the first parcel will be shipped.
Shall the Customer decide to cancel the order, the refund will occur according to the modalities described in the last paragraph of the Article 5.5. of these General Termes of Sale.
7.3. Delayed or Denied Payment
Should the Bank refuses to debit a credit-card or any other method of payment, the Customer shall contact the Seller’s Customer Service and provide another method of payment for the order.
For any reason whatsoever should the Bank deny the transfer of the sum due by the Customer, the order is canceled, and the agreement is terminated.
ARTICLE 8. EVIDENCE AND FILING
All contract concluded with a Customer corresponding to an order exceeding the value of 120 euros, including VAT, will be registered in the Seller’s record for a period of ten (10) years, in accordance with article L. 213-1 of the French Consumer Code.
The Seller agrees to file this information to ensure a tracking of transactions and to remit a copy of the contract at the Customer’s request.
In case of litigation, the Seller will demonstrate the reliability of its electronic monitoring system and the integrity of its transactions.
ARTICLE 9. TRANSFER OF OWNERSHIP
The Seller is the owner of the ordered Products until the Customer has fully paid.
The provisions here above do not prevent the transfer to the Customer of the risks of loss or damage of the Products when receiving the Products by himself or any authorized third party, other than the carrier.
ARTICLE 10. TRANSFER OF OWNERSHIP
The Products’ methods of delivery are referred to in the “Delivery Policy” in the Appendix 2 of these General Conditions, accessible via the link located at the bottom of each Website page.
ARTICLE 11. PACKING OF THE PRODUCTS
The Products are packed in accordance with the applicable transport rules to guarantee the Products’ maximum protection during delivery.
The Customer must guarantee the same when returning a product according to the returning policy specified in Appendix 1 – Withdrawal Policy.
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the Vendor may offer for some of the Products, every Customer profit for all the Products, of the legal guarantees provided in article L. 111-1 of the French Consumer Code, as listed here below.
12.1. Guarantee of Conformity
Article L. 217-4 of the French Consumer Code: “The Vendor must deliver goods which are in conformity with the sales contract and is liable to the consumer for any lack of conformity when the good is delivered.
The Vendor is also liable to the consumer for any lack of conformity resulting from packaging, set up instructions or installation when contractually responsible for same or they were drawn up under its responsibility.”
Article L.217-5 of the French Consumer Code: “The Product is presumed to be in conformity with the contract:
1°) When it fits for the usual purpose of goods of the same type and, where applicable:
The good corresponds to the description given by the seller and has the qualities of the sample or model which the Vendor presented to the Customer;
The good has the qualities and attributes which the consumer can reasonably expect regarding any public declarations made about the characteristics of the goods by the Vendor, the producer or his/her representative, especially in publicity or labelling;
2°) When it corresponds to the features defined by mutual agreement between the parties or it fits for the specific purposed required by the consumer of which he/she informed the seller at the moment of conclusion of the contract, and which the seller accepted.”
The Vendor is liable to the consumer for any lack of conformity which already exists when the good is delivered and for those resulting from packaging, set up instructions or installation when contractually responsible for same or they were drawn up under its responsibility.
Action resulting from defects in conformity lapses after (2) two years from the date of delivery of the Product. (Article L. 217-12 of French Consumer Code).
In case of non-conformity, the consumer is entitled to have the good replaced or repaired, at its discretion.
Nevertheless, should the choice of the Consumer cause disproportionate costs on the Seller in comparison with the alternative remedy, considering the value of the goods or the significance of the lack of conformity, the Seller may proceed to refund the Consumer without taking into account the Consumer’s choice.
If repair or replacement is impossible, Seller agrees to refund the Product’s price within (30) thirty days from the reception of the returned good by the Customer at the following address: INSTITUT KARITE PARIS – SARYA PARIS SARL, 10 rue Christophe Colomb 94370 Sucy-en-Brie.
Finally, the Customer is exempted to supply the evidence of the product’s lack of conformity during 24 (twenty-four) months following the delivery of the Product, except for second-hand goods for which this period should be set at six (6) months. (Article L.217-7 of the French Consumer Code).
The hereabove guarantee is valid regardless of the commercial guarantee that may apply to the Products.
12.2. Guarantee of latent defects
The Seller is liable for latent defects that prevent the sold Product from being suitable to its intended use, or that reduces this use to the point the Customer would have not acquired it or would have demanded a lower price had they known about them. (Article 1641 of the French Civil Code)
This guarantee entitles the Customer who can prove the existence of a latent defect to choose among a total refund of the Product’s price if it has been returned, and a partial refund if the Product hasn’t been returned.
In case where a replacement or a reparation is impossible, the Seller agrees to refund the Product within thirty (30) days from Product’s reception, in exchange of the Product’s return at the following address: INSTITUT KARITE PARIS – SARYA PARIS SARL, 10 rue Christophe Colomb 94370 Sucy en Brie.
This guarantee must be auctioned by the Customer 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 shall under no circumstances be held liable for any non-execution or defective execution of the services provided for in the Contract that is attributable to the Customer, including when the order is placed.
The Seller shall not be held liable or be considered having breached the present Conditions for any delay or non-fulfillment resulting from a case of force majeure as per definition of the French Jurisprudence.
In addition, it is clearly stated that the Seller doesn’t control the websites that are directly or indirectly linked to the Website.
Therefore, the Seller shall no be held liable for the information published on these Websites.
Links to third-parties websites are provided for information purposes only and no guarantee is given with regard to their content.
ARTICLE 14. FORCE MAJEURE
The Seller shall not be held liable should a non-execution or defective execution of any of the services provided in the Contract results of a case of force majeure.
As per contractual matters, there is force majeure when an event beyond the control of the contract’s debtor, and that could not be reasonably foreseen when the contract was concluded and which resulting effects could not be avoided by any appropriate measures, prevent the debtor of performing its obligations.
When the impediment is temporary, the execution of the contract is suspended except when the resulting delay justifies the breaching of the contract. If the impediment is permanent, the contract shall be terminated ipsojure and the parties will be released from their obligations as per articles 1351 and 1351-1 of the French Civil Code.
The Seller shall not be held liable, in particular, in case of receiving attacks by hackers, unavailability of materials, supplies, spare parts, personal equipment or other, interruption of electronic communications networks, and in any other event beyond the Seller’s control arose after the conclusion of these General Conditions and that prevents its normal execution.
It is made clear that in such situation, the Customer shall not claim any damages and shall not institute a proceeding against the Seller.
In case of the events stated above, the Seller shall inform the Customer as soon as possible.
ARTICLE 15. PERSONAL DATA
The Seller collects via the Website the personal data concerning its Customer, including by the means of cookies.
Customers may unable cookies by following the instructions given by the browser.
The data collected by the Seller are used for processing the orders placed on the Website, for managing the Customer’s personal account, for analyzing the orders and, when authorized by the Customer, for sending commercial materials, promotional offers and information about special sales, except if the Customer no longer wishes to receive such communications from the Seller.
Customer’s data will be kept confidentially by the Seller in accordance with the execution of the contract and with the law.
At any time, the Customers unsubscribe by logging into their account or by clicking on the hyperlink provided at the bottom of each offer received by email.
The collected data may be fully or partially disclosed to the Seller’s service providers while executing the order. For commercial reasons, the Vendor may disclose to his business partners the names and the contact details of its Customers, only if they have expressly authorized it when registering into the Website.
The Seller will expressly ask to the Customer whether they wish to disclose they personal data.
The Customers may change their mind at any time, by contacting the Seller. The Seller may also ask to its clients whether they wish to receive advertising emails by its commercial partners.
According to the French law n°78-17 of January 6th 1978 pertaining information technology, databases and civil liberties and to the Regulation (EU) 2016/679 of the European Parliament and the Council of April 27th 2016 on the protection of natural persons 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, aka RGPD), the Seller ensures to implement the rights of the concerned individuals.
It is reminded that the Customer, whose personal data are processed, is provided with a right of access, rectification, update, portability and of erasure of the data regarding him/her, in accordance with the provisions of article 38 of the amended law pertaining information technology, databases and civil liberties and with the provisions of articles 15,16 and 17 of the General Data Protection Regulation (RGPD).
In accordance with the provisions of article 38 of the amended law pertaining information technology, databases and civil liberties and with the provisions of article 21 of the General Data Protection Regulation (RGPD), the Customer may also, for lawful reasons, object to the processing of his/her data, without giving any reason and with no costs.
The Customer may exert these rights by sending an email to the following address: contact@ikparis.com or by sending a letter to INSTITUT KARITE PARIS 420 rue Saint Honoré 75008 Paris.
It is stated that the Customer shall show proof of his/her identity by transmitting a copy of his/her identity document by scan or by mail.
ARTICLE 16. CLAIMS
The Seller provides the Customer with a “Customer Service line”, reachable at the following number: 01 40070285 (toll-free number). Any written claim shall be transmitted to the following address: INSTITUT KARITE PARIS 420 rue Saint Honoré 75008 Paris.
A regular Newsletter is edited by the Seller, The Customer may subscribe to the newsletter in order to be informed of the new services and offers available on the website.
The Customer may unsubscribe at any time by clicking on the unsubscribing link available at the bottom of each newsletter.
The Customer may choose to receive promotional offers from the Website’s partners:
When creating his/her account;
By managing his/her preferences in the section “My account”.
Shall the Customer wish to unsubscribe from these services, he/she may do so in the above-mentioned section.
The Seller offers complementary services by using Facebook Digital Platform (hereinafter “Facebook”).
When the Customer visits a page of the website containing such plug-in, his/her browser establishes a direct link with Facebook’s servers.
Facebook is informed that the Customer’s browser has accessed the corresponding page of the website, including if the Customer does not have a Facebook account or, if he/she is not logged in.
This information is directly forwarded from the Customer’s browser to a Facebook server, located and registered in the United States.
Shall the Customer be logged into his/her Facebook account while browsing the Website, Facebook will be able to link his/her activity to his/her Facebook account. Shall the Customer interact by some of the plug-ins, i.g. by clicking on the “Like” button or by leaving a comment, this information will be forwarded and saved on a Facebook server. It will be edited on the Customer’s Facebook account.
If the Customer does not wish that Facebook links the data collected through the Seller to his/her Facebook account, he/she must log out from his account before browsing the website.
ARTICLE 17. INTELLECTUAL PROPERTY
Each of the website’s visual and sound element, including the underlying technology that is used, are protected by the laws applicable to copyright, trademarks and patents.
These elements are the exclusive property of the Seller. Anyone who wishes to edit a website and create a direct hypertext link to the Website, must ask written permission to the Seller. In no case this permission will be granted definitively. The created hypertext link will have to be deleted upon Seller’s request.
Hypertext links to the Website that use framing techniques or in-line linking techniques are strictly forbidden.
Any reproduction or representation, in full or in part, of the Website and of its content, by any medium, without prior explicit authorization by the Seller is prohibited and it constitutes counterfeiting, punishable under articles L.335-2 et seq and under articles L.713-1 et seq of the French Intellectual Property law.
By accepting the present General Conditions of Sale implies acknowledgment of the Seller’s Intellectual property rights and obligations by the Customer.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS OF SALE
Should any change in the existing legislation or regulations, or any decision by a competent Court invalidate one or several terms of the present General Conditions, it shall not affect the validity of the present General Conditions. In any case whatsoever should such change, or decision allow the Customer to disregard the present General Terms.
Terms and Conditions which have not expressly covered by the present, shall be governed in accordance with the usage of the retail sector.
ARTICLE 19. AMENDMENT TO THE GENERAL TERMS
The present General Terms govern all online transactions through the Website, as los as the Website is available online.
These General Terms are precisely dated and may be amended and updated by the Seller at any time. The applicable General Terms are the ones in force when the order is placed.
Any amendment to the General Conditions will not be applicable to Products which are already purchased.
ARTICLE 20. COMPETENT JURISDICTIONS AND APPLICABLE LAW
These General Conditions and the contractual relationship between the Seller and the Customer are subject to French law. In case of litigation, the competence is expressly attributed to the jurisdiction of French Courts.
However, prior to initiating any arbitration or filing any claim against the other party, the Customer shall contact the Seller’s complaints department.
When no agreement is reached, or when the Customer shows proof to have tried to resolve the dispute directly with the Seller by written complaint, the Dispute may be resolved through a mediation procedure. This procedure is voluntary, and it is conducted in good faith and with a genuine intent to arrive to an agreed solution, when a dispute concerning this contract, including concerning its validity, occurs.
To trigger this procedure, the Customer may contact the Seller’s mediator:
Médiateur du Commerce Coopératif et Associé FCA, 77 77 rue de Lourmel 75015 Paris – 01 44 37 02 00– servicemediation[@]mccamediation.fr via the following link :
http://www.mccamediation.fr/votre-reclamation .
Before implementing the mediation process, the party who wishes to do so must notify the other party by registered letter with an acknowledgement of receipt and indicate the circumstances of the dispute.
As the mediation is not a binding procedure, the Customer or the Seller may withdraw from the process at any time.
Failure to find a solution or should have not the mediation be contemplated by the Parties, the Dispute will be assigned to the competent Jurisdiction as designated here above.
APPENDIX 1 – WITHDRAWAL POLICY
Withdrawal Principal
The Customer has a right of withdrawal which can be exerted by returning the Product to the Seller. The Product must be returned without undue delay, no more than fourteen (14) days following his/her withdrawal notice, except in case where the Seller offers to collect the Product himself.
Withdrawal Period
In accordance with article L.122-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the date when the Customer, or any formally designated third party other than the carrier, takesphysically possession of the Product.
Should the Customer have ordered multiple Products through one order, resulting in several deliveries (or in case of an order of a product delivered under multiple batches), the withdrawal period will expire fourteen (14) days after the day when the Customer or any formally designated third party other than the carrier, takesphysically possession of the last delivered Product.
Should the Customer’s order imply multiple Products, and where these Products are delivered separately, the withdrawal period will expire fourteen (14) days after the day when the Customer or any formally designated third party other than the carrier, takes physically possession of the last Product.
Withdrawal Notification
To be able to exert his/her right to withdrawal and in accordance with article L.122-21 of the French Consumer Code, the Customer must notify his/her intention by the mean of a clearly worded statement (for example, mailed letter, fax or email ) to : INSTITUT KARITE PARIS 420 rue Saint-Honoré 75008 Paris or contact@ikparis.com.
The Customer may also notify his/her intention through the form here below:
WITHDRAWAL FORM
To: Institut Karite Paris SARL
Telephone number of the Seller: 0140070285
Fax Number of the Seller: 0144519652
Email address of the Seller: contact@ikparis.com
I hereby give notice that I withdraw from my contract of sale of the following goods:
Product Reference:
Invoice N°:
Order N°:
Ordered on [____________] received on [_________]
Used Method Payment:
Customer name and, if applicable, name of the receiving party:
Customer address:
Delivery address:
Customer’s signature
Date
The period for withdrawal shall be deemed to have been observed if notice of withdrawal is sent before its expiry.
Effects of Withdrawal
In case of withdrawal by the Customer, the Seller agrees to reimburse to the Customer all the amount paid, including the shipping costs (save for any additional fee resulting, from the Customer’s choice of a shipping method other than a standard delivery) without undue delay and, in any event, not later than fourteen (14) days from the reception of the Product by the Seller. (Article L.221-24 of French Consumer Code).
The Seller will proceed to the reimbursement using the same method of payment used by the Customer when initially purchasing, unless the Customer specifically requests to be refunded using a different method, in any case, this refund should not raise additional fees to the Customer.
The Seller is not asked to refund the additional fees when the Customer has specifically opted for a more costly shipping method other than a standard delivery.
The Seller may withhold the reimbursement until he has received the good or until the Customer has supplied evidence of having sent back the goods, whichever of the two is the earliest.
Procedures of Right of Withdrawal
The Customer must, without undue delay, and in any case, no later than fourteen (14) days after having informed the Seller of his/her intention to withdraw from the contract, return the good to:INSTITUT KARITE PARIS – SARYA PARIS SARL, 10 rue Christophe Colomb 94370 Sucy en Brie.
The deadline shall be deemed to have been observed if the Customer returns the good before the expiration of the fourteen (14) days delay.
Return Fees
The Product must be returned following the instruction of the Seller and including all the delivered accessories.
The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
In other words, the Customer has the right to test the Products, but he/she shall be liable should he/she handles the Product in a manner other than that necessary.
Exclusion of right of withdrawal
The right of withdrawal is excluded in the following cases:
The supply of goods or services for which the price is dependent on fluctuations in the trade market
The supply of goods liable to deteriorate or expire rapidly
The supply of sealed audio or video recordings or sealed computer software which were unsealed by the consumer, magazine or other periodical publication (except in case of a subscription.)
The provision of accommodation services, other than for residential purposes, transport, car rental services, catering or leisure services as regards contracts providing for a specific date or period of performance.
The supply of goods which because of their nature are inseparably linked to other goods;
The supply of sealed goods which cannot be returned for reasons of health public health and hygiene and that have been unsealed by the Customer after delivery.
The supply of alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuation in the market which cannot be controlled by the Seller.
The supply of a dematerialized digital content which performance has begun with the Customer prior express agreement, who has also acknowledged that he/she has therefore lost the right of withdrawal.
Contracts concluded at a public auction.
APPENDIX 2 – DELIVERY POLICY
Delivery area
The Products will be sent to the delivery address(es) indicated by the Customer when the order is processed.
Shipping Time
The time limits to prepare an order and to issue an invoice, before shipping the Products are mentioned on the Website. These time limits shall exclude weekends and holidays.
An automated email will be sent to the Customer’s address when the Products will be shipped, if the email address provided on the subscription form is correct.
Delivery times and costs
When processing the order, the Seller must indicate to the Customer the delivery times and the available methods of shipment for the purchased products.
The delivery costs are calculated according to the delivery method.
The amount of these costs will be due by the Customer, in addition to the purchased Products’ price.
Unless otherwise indicated or in case of lack of agreement concerning the delivery date, the Seller must deliver the Product without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of French Consumer Code)
Methods of delivery
The parcel will be delivered to the Customer against signature and on presentation of a proof of identity.
Should the Customer be absent at the moment of delivery, a notification will be deposited to the Customer, for him to be able to claim the parcel at the nearest post office.
Issues during delivery
The Customer is informed of the delivery time when choosing the carrier, at the end of the online order process, before confirming the order.
The deliveries will be made upon no later than thirty (30) days. Failure to respect these delays, the Customer shall therefore be obliged to provide the seller with written notice of default and to allow him a further reasonable period of time to deliver the order; upon expiration of this period, should the vendor not have delivered the merchandise, the Customer may cancel the order.
The Seller shall reimburse without undue delay, from the date of receipt of the contract termination notice, the total amount payed by the Customer for the Products, taxes and delivery costs included, via the same method of payment used for the order.
The Seller will be liable until the Customer receives the Product. The Customer has a period of three (3) days to declare any damages or any partial loss recorded during delivery.