General Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
The company APARANJAN is engaged in the creation, manufacture, sale, and retail resale of fashion jewelry and other jewelry-related accessories.
The company APARANJAN also crafts certain products on a custom basis to meet the needs of its customers, whether they are original creations or personalized jewelry. Indeed, for certain models, the customer has the option of having the jewelry of their dreams created on a bespoke basis.
These general terms and conditions of sale apply to all sales concluded on the website https://www.aparanjanparis.com, between the company “APARANJAN,” referred to more extensively below, and any natural person, domiciled in one of the delivery countries mentioned in Article 2.2, acting for their private needs and/or making a purchase, hereinafter referred to as the “Customer.”
ARTICLE 1 - SELLER DESIGNATION
The website https://www.aparanjanparis.com is a service of:
- The simplified joint-stock company with a sole shareholder known as “APARANJAN,”
With a capital of 1,000 euros,
Whose registered office is located at 195 route des 3 lucs à la valentine 13011 Marseille
Registered with the Marseille Trade and Companies Register under number 842 308 603
VAT No.: FR 64842308603
E-mail: savaparanjan@gmail.com
ARTICLE 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE (HEREINAFTER THE “GTC”)
2.1. Purpose of the General Terms and Conditions of Sale
These general terms express the entirety of the parties' obligations and exclusively govern their relationship.
They specify, in particular, the conditions for ordering, payment, delivery, and handling of any returns for products ordered by the Customer.
These general terms and conditions of sale apply to the exclusion of all other terms, including those applicable to sales in stores or through other distribution and marketing channels.
2.2. Scope of application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company APARANJAN (“the Professional Seller”) to consumers and non-professional buyers (“the Customer”) wishing to purchase the products offered for sale by the company APARANJAN on the website https://www.aparanjanparis.com
These General Terms and Conditions of Sale may be supplemented by specific terms, stated on the website, prior to any transaction with the Customer.
The general terms and conditions of sale apply exclusively to products shipped to customers both in France and internationally.
The Gift Card is a voucher that allows its holder to pay for their purchases, in one or more installments, within the limit of the available balance and its validity date, by supplementing with another payment method if necessary.
The validity period is limited to 12 months, effective from the date of purchase.
The card cannot be exchanged, returned, resold, or refunded, even partially (except under certain conditions in the event of loss, theft, or exercise of the right of withdrawal), nor can it be credited to a bank card or bank account.
Vouchers won during sweepstakes/contests are valid for a period of 1 month from the date the results are announced. This voucher is personal and cannot be sold, transferred to a third party, or exchanged for another voucher.
For these vouchers, once the validity date has passed, they are considered lost and no recourse is possible.
2.3. Availability and enforceability of the General Terms and Conditions of Sale
The general terms and conditions of sale are accessible at any time on the website https://www.aparanjanparis.com and shall prevail, where applicable, over any other version or contradictory document.
The general terms and conditions of sale are enforceable against the customer, who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an order.
The customer declares that they have read these general terms and conditions of sale and accepted them before making an immediate purchase or placing their order. In this regard, they are enforceable against them in accordance with the terms of Article 1119 of the Civil Code.
Validation of the order by its confirmation constitutes the customer's adherence to the general terms and conditions of sale in force on the day of the order, the preservation and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the Civil Code.
2.4. Modification of the General Terms and Conditions of Sale
The professional seller reserves the right to modify its general terms and conditions of sale at any time.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the website https://www.aparanjanparis.com from the moment they are put online and cannot apply to previously concluded transactions.
2.5. Clauses of the General Terms and Conditions of Sale
The invalidity of a contractual clause does not entail the invalidity of the general terms and conditions of sale, unless it is an impulsive and decisive clause that led one of the parties to enter into the sales contract.
The temporary or permanent non-application of one or more clauses of the general terms and conditions of sale by the professional seller shall not constitute a waiver on its part of the other clauses of the general terms and conditions of sale, which continue to have effect.
2.6. Pre-contractual information - Acceptance by the Customer (Articles L111-1 to L111-8 of the Consumer Code)
The Customer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these General Terms and Conditions of Sale and all the information listed in Article L 221-5 of the Consumer Code, and in particular the following information:
- the essential characteristics of the good, taking into account the communication medium used and the good concerned;
- the price of the product in accordance with Articles L 112-1 to L 112-4 of the Consumer Code;
- any additional transport, delivery, and all other possible costs;
- in the absence of immediate execution of the contract, the date or period by which the professional undertakes to deliver the ordered good(s);
- information relating to the identity of the professional, their postal, telephone, and electronic contact details, and their activities, insofar as they do not emerge from the context;
- information relating to legal and contractual guarantees and their implementation methods;
- information relating to the functionality of digital content and, where applicable, its interoperability, the existence and implementation methods of guarantees, and other contractual conditions;
- the possibility of resorting to a consumer mediator under the conditions provided for in Title I of Book VI;
- information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right, and model withdrawal form), termination procedures, and other important contractual conditions;
- the terms of payment, delivery, and execution of the contract, as well as the procedures provided by the professional for handling complaints;
- in the event of a sale, the existence and methods of exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code, respectively;
- the conditions of its termination
The act of a customer ordering on the website https://www.aparanjanparis.com implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ARTICLE 3 - PRODUCTS
3. 1. Characteristics
The products offered for sale on the website https://www.aparanjanparis.com are presented in the catalogue published on said site.
The main characteristics of the Products and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products are presented on the website https://www.aparanjanparis.com in accordance with the provisions of Article L. 111-1 of the Consumer Code.
The Customer is required to read them before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer is required to refer to the description of each Product to learn about its properties, essential features, and delivery times.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
Our photographs are retouched, therefore there may be variations in colour; as a result, the photos of our worn items are not contractually binding.
3. 2. Conformity
In accordance with Article L.411-1 of the Consumer Code, the products for sale through these general terms and conditions of sale meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions, and consumer protection.
Independently of any commercial guarantee, the seller remains liable for conformity defects and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
In the event of a lack of conformity, the buyer chooses between a refund of the product or replacement of the defective product.
However, the seller may not proceed according to the customer's choice if this choice entails a cost that is clearly disproportionate with regard to the other method, taking into account the value of the product or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the customer.
3. 3. Stock availability
Product offers are valid as long as they are visible on the Site, except for special operations whose validity period is specified on the Site.
ARTICLE 4 – PRICE AND TERMS OF SALE
4. 1. Sale price
The sale prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated for each of the products appearing in the electronic catalogue in euros, including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
The total amount due by the consumer is indicated on the order confirmation page.
The sale price of the product is that in force on the day of the order.
The sale price of the products does not include shipping costs, which are invoiced in addition to the price.
Payment of the full price must be made at the time of ordering. At no time can the sums paid be considered as a deposit or down payment.
To benefit from a discount code which consists of a reduction on the entire order or on a product, it is the customer's responsibility to enter the discount code indicated by the seller, at the end of the procedure, after having completed all the steps necessary for their order.
4. 2. Modification
The professional seller reserves the right to modify their prices at any time, while guaranteeing the customer the application of the price in force on the day of the order.
4. 3. Costs
Additional transport, delivery, or postage costs, of which the customer was able to take note before ordering, are set out on the order form.
ARTICLE 5 – ORDER
5. 1. Stages of concluding the contract
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place their order.
To place an order, the customer, after filling their virtual basket by indicating the selected products and desired quantities, then clicks on the "Order" button and provides their information to create their customer account, and then that related to delivery and the method of payment.
The Customer has the possibility of checking the details of their order and its total price and of correcting any errors before confirming their acceptance. It is their responsibility to check the accuracy of the order and to report or rectify any error immediately.
The registration of an order on the website https://www.aparanjanparis.com is carried out when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order.
This validation implies acceptance of the entirety of these General Terms and Conditions of Sale as well as the general terms of use of the website https://www.aparanjanparis.com
The sale will be considered final:
- after the Seller has sent the Customer confirmation of acceptance of the order by email,
- after the seller has received the full price.
Any order placed, validated by the Customer, and confirmed by the Seller, under the conditions and according to the procedures described above, on the website https://www.aparanjanparis.com constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of the nature, content, and date of the order. This is archived by the company APARANJAN under the conditions and legal timeframes; the customer can access this archiving by contacting customer services.
The Customer will be able to track the progress of their order on the website https://www.aparanjanparis.com
Furthermore, on the day the parcel is dispatched, the customer receives a tracking number for their parcel.
5. 2. Order modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5. 3. Order validation
The professional seller reserves the right to refuse any order for legitimate reasons, including, but not limited to, non-payment, incorrect address, or other problems with the customer's account, and more particularly if the quantities of products ordered are abnormally high for customers acting as consumers.
5.4. Order cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except through the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 – CONCLUSION OF THE CONTRACT ONLINE
6.1 Conclusion
The sales contract is formed at the moment the client sends their order confirmation.
6.2 Archiving and proof
The archiving of communications, the order, order details, and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
6. 3. Termination
The order may be terminated by the client by registered letter with acknowledgment of receipt or by writing on another durable medium.
ARTICLE 7 – PAYMENT METHOD
This is an order with an obligation to pay, meaning that placing the order implies an immediate settlement by the buyer.
The price is due in full after order confirmation.
Settlement of orders is made via the following bank cards: Visa, Mastercard, Maestro, E-Carte bleue, Paylib, Bancontact Mistercash.
The payment is fully secured. Indeed, the site is equipped with an online payment security system (PAYPLUG) allowing the consumer to encrypt the transmission of their banking data using a secure SSL (Secure Socket Layer) payment module.
The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by bank card from officially accredited bodies or in the event of non-payment.
The seller reserves the right, in particular, to refuse to make a delivery or honor an order from a client who has not fully or partially paid for a previous order or with whom a payment dispute is currently being managed. The seller has implemented an order verification procedure intended to ensure that no one uses another person's banking details without their knowledge.
As part of this verification, the client may be asked to send the seller a copy of an identity document and proof of address by fax. The order will then only be validated after receipt and verification by the seller of the sent documents.
Payments made by the client will only be considered final after effective collection of the amounts due by the seller.
ARTICLE 8 – DELIVERY AND TRANSFER OF RISK
8. 1. Definition
The seller delivers the product on the date or within the period indicated to the consumer, in accordance with Article L. 111-1, paragraph 3 of the Consumer Code, unless the parties have agreed otherwise.
Delivery is understood as the transfer to the client of physical possession or control of the good (Article L. 216-1, paragraph 3 of the Consumer Code).
It is only made after confirmation of payment by the seller's banking institution.
Any taxes and customs duties are always borne by the client, who assumes the costs at the time of customs clearance. The ordered products will only be delivered once the amount requested by the customs authorities has been paid.
8. 2. Delivery time
The Products ordered by the Client will be delivered in metropolitan France and internationally within 10 working days from the confirmation of the client's order on the website https://www.aparanjanparis.com and in any case within a maximum period of 30 days.
The products are shipped by La Poste.
8. 3. Delivery delay
When the ordered product is not delivered, for any reason other than force majeure or the Client's own act, on the scheduled date, the consumer may, after having unsuccessfully enjoined the seller to fulfill their delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or by writing on another durable medium, under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code.
The sums paid by the Client will then be returned to them no later than fourteen days following the date of termination of the contract.
8. 4. Place of delivery
The products are delivered to the address indicated by the client when ordering.
Indeed, it is the Client's responsibility to ensure that the contact details they provided during their order are correct so that the order is correctly shipped and received. Under no circumstances can the seller be held liable if the Client does not receive their order due to an error in entering their contact details.
8. 5. Delivery methods
The company APARANJAN offers three delivery methods:
- by tracked letter
- by Colissimo – for any order exceeding 80 euros
- by DHL – for any order of 280 euros
Delivery is carried out by the direct handover of the product to the buyer.
When the product is delivered to the address indicated on the order form by a carrier, it is the buyer's responsibility to check the condition of the delivered product in the presence of the delivery person and, in case of damage or missing items, to issue reservations on the delivery note or transport receipt, and possibly refuse the product and notify the seller.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or reimburse the Client, as indicated more fully above.
Deliveries are handled by an independent carrier, to the address mentioned by the Client when ordering, to which the carrier will have easy access.
When the Client has personally chosen to use a carrier of their own, delivery is deemed completed upon the Seller's handover of the ordered Products to the carrier, provided the Seller has handed over the sold Products to the carrier who accepted them without reservation. The Client therefore acknowledges that it is the carrier's responsibility to perform the delivery and has no recourse against the Seller in the event of failure to deliver the transported goods.
In the event of a specific request from the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional invoice, based on a quote previously accepted in writing by the Client.
ARTICLE 9 – PRODUCT WARRANTY
9.1. Legal warranty of conformity and legal warranty against hidden defects
The company APARANJAN guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the warranty against defects of the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.
In the event of invoking the legal warranty of conformity, it is recalled that:
* the client has a period of TWO (2) years from the delivery of the good to take action,
* the client may choose between repair or replacement of the good, subject to the cost conditions provided for by Article L. 217-17 of the Consumer Code.
Furthermore, it is recalled that:
* clauses that would exclude or limit liability for defective products are prohibited and deemed unwritten (Article 1245-14 of the Civil Code)
* the legal warranty of conformity applies independently of the commercial warranty indicated below
* the client may decide to invoke the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between the rescission of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
9.2. Contractual warranty
The seller contractually guarantees the proper functioning of the delivered products for a period of 12 months from the date of delivery, provided that the malfunction is not the result of use by the customer that does not comply with the instructions for use.
In the event of a malfunction, the customer must inform the seller:
- By email at the following address: contact@aparanjanparis.com
-
By registered mail with acknowledgment of receipt at the following address: 195 Route des 3 lucs à la valentine
13011 marseille
Upon receipt of the request, the seller will assign an exchange number for the product(s) concerned and communicate it to the customer via email. The shipment of a product can only take place after the assignment of the return number.
The product must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the following address: 195 Route des 3 lucs à la valentine
13011 marseille
Shipping costs are borne by the seller.
Upon receipt of the product, the seller will examine the equipment returned by the customer and will send the customer, at their email address, within a maximum of 15 business days, a report indicating whether, given the observed malfunction, it can be covered under the aforementioned contractual warranty.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, particularly those set out below, the customer has a period of 14 business days from receipt of their order to return any item that does not suit them and request a refund without penalty, with the exception of return shipping costs which remain the responsibility of the customer.
However, products must be returned in their original packaging, unworn, and in perfect condition, no later than 14 days following the notification to the seller of the customer's decision to withdraw, to the following address: Société APARANJAN, 195 Route des 3 lucs à la valentine
13011 marseille.
Damaged, soiled, or incomplete products will not be accepted.
Engravings and customizable items are excluded and cannot be returned or exchanged.
The customer exercises their right of withdrawal:
- Either by sending the withdrawal form available at the bottom of these general terms and conditions of sale
-
Or by any other unambiguous statement expressing their desire to withdraw, which must be addressed to the following address: Société APARANJAN, 195 Route des 3 lucs à la valentine
13011 marseille
In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the purchased product(s) will be refunded and the delivery costs will be reimbursed.
Return shipping costs are the responsibility of the customer.
The exchange (subject to availability) or the refund will be carried out within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.
ARTICLE 11 - FORCE MAJEURE
All circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as their cessation.
Force majeure shall include all irresistible, external to the parties, unforeseeable, unavoidable events or circumstances beyond the control of the parties that cannot be prevented by the latter, despite all reasonably possible efforts.
Expressly, force majeure or fortuitous events are considered to be, in addition to those usually recognized by the jurisprudence of French courts and tribunals: blockage of transport or supply facilities, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks, or difficulties specific to external telecommunication networks of the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.
ARTICLE 12 - INTELLECTUAL PROPERTY
The content of the website, https://www.aparanjanparis.com, such as technical documents, drawings, photographs, etc., remains the property of the seller, the sole holder of intellectual property rights over this content.
Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offense.
ARTICLE 13 - DATA PROTECTION AND FREEDOM OF INFORMATION
The personal data provided by the customer is necessary for the processing of their order and the preparation of invoices.
It may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the website https://www.aparanjanparis.com has been declared to the CNIL.
The customer has a permanent right of access, modification, rectification, and opposition regarding information concerning them.
This right may be exercised under the conditions and according to the procedures defined on the website https://www.aparanjanparis.com.
ARTICLE 14 - LANGUAGE OF THE CONTRACT
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 15 - COMPLAINTS AND MEDIATION
15.1 Prior complaint
The customer can submit any complaint by contacting the professional seller's customer service via the contact form on the site or by mail to the address of the company APARANJAN, 195 route des 3 lucs à la valentine, 13011 Marseille
15.2 Request for mediation
In accordance with Article L. 612-1 of the Consumer Code, in the event of a dispute, the customer can use the mediation service MCP Mediation, to which we belong: by mail: 12 square Desnouettes – 75015 PARIS or by clicking on the link http://mcpmediation.org
ARTICLE 16 - APPLICABLE LAW
These general terms and conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
ARTICLE 17 - PROTECTION OF PERSONAL DATA
17.1 Collected data:
The personal data collected on this site are as follows:
Account opening: upon creation of the user's account, their last name, first name, email address, phone number, postal address;
Connection: when the user connects to the website, it records, in particular, their last name, first name, connection data, usage, location, and data relating to payment.
Profile: the use of the services provided on the website allows for the completion of a profile, which may include an address and a phone number.
Payment: as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, data regarding the user's communications are temporarily stored.
Cookies : cookies are used in the context of the use of the site.
The user has the option to disable cookies from their browser settings.
17.2 Use of personal data
The personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment.
Specifically, the uses are as follows:
- access to and use of the website by the user;
- management of the website's operation and optimization;
- organization of the terms of use for Payment services;
- verification, identification, and authentication of data transmitted by the user;
- offering the user the possibility to communicate with other users of the website;
- implementation of user support;
- customization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware, and security incident management;
- management of potential disputes with users;
- sending of commercial and advertising information, based on the user's preferences.
17.3. Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;
- when the user publishes information accessible to the public in the open comment sections of the website;
- when the user authorizes a third party's website to access their data;
- when the website uses the services of providers to provide user support, advertising, and payment services. These providers have limited access to the user's data as part of the execution of these services and have a contractual obligation to use them in accordance with the provisions of applicable regulations regarding the protection of personal data;
- if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to sell or share all or part of its assets, including personal data.
In this case, users would be informed before personal data is transferred to a third party.
17.4 Security and confidentiality
The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access.
However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
17.5. Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending their request to the following address: contact@aparanjanparis.com.
ï the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
ï the right of rectification: if the personal data held by the website is inaccurate, they can request the update of the information.
ï the right to data deletion: users can request the deletion of their personal data, in accordance with applicable data protection laws.
ï the right to restrict processing: users can request the website to restrict the processing of personal data in accordance with the assumptions provided for by the GDPR.
ï the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
ï the right to portability: they can request that the website provide them with the personal data provided to it in order to transmit it to a new website.
17.6. Evolution of this clause
The website reserves the right to make any changes to this clause regarding the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date.
If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.
ARTICLE 18 - COMPETENT COURT
By express agreement between the parties, these General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law.
All disputes to which the purchase and sale operations concluded in application of these general terms and conditions of sale could give rise, concerning both their validity, interpretation, execution, termination, their consequences and aftermath, and which could not be resolved amicably between the seller and the client, will be submitted to the competent courts under common law conditions.
ARTICLE 19 - APPLICABLE LAW
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
ARTICLE 20 - CONSUMER INFORMATION
For the purpose of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty on account of hidden defects of the sold item which render it unfit for the use for which it was intended, or which so impair this use that the buyer would not have acquired it, or would have only given a lower price for it, had they known of them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when it was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The good conforms to the contract:
1° If it is fit for the purpose usually expected of a similar good and, where 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 presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred by two years from the date of delivery of the good.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him during the acquisition or repair of a movable good, for a restoration to a working order covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run.
This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Article L 221-18 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 telephone solicitation or off-premises, without having to justify his decision or bear any 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° Of the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2° Of receipt of the good by the consumer or a third party, other than the carrier, designated by him, for contracts of sale of goods. For off-premises contracts, 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 composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last piece.
For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good.
Article L 221-19 of the Consumer Code: in accordance with Council Regulation (EEC) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits:
1° The day on which the contract is concluded or the day of receipt of the good is not counted in the period mentioned in Article L. 221-18 of the Consumer Code;
2° The period begins to run at the start of the first hour of the first day and ends at the expiration of the last hour of the last day of the period;
3° If this period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the first following working day.
Article L 221-20 of the Consumer Code: when the information relating to the right of withdrawal has not been provided to the consumer under the conditions provided for in 2° of Article L. 221-5, the withdrawal period is extended by twelve months from the expiration of the initial withdrawal period, determined in accordance with Article L. 221-18.
However, when the provision of this information occurs during this extension, the withdrawal period expires at the end of a period of fourteen days from the day the consumer received this information.
Article L 221-21 of the Consumer Code: the consumer exercises his right of withdrawal by informing the professional of his decision to withdraw by sending, before the expiration of the period provided for in Article L. 221-18, the withdrawal form mentioned in 2° of Article L. 221-5 or any other unambiguous declaration expressing his wish to withdraw.
The professional may also allow the consumer to complete and transmit online, on his website, the form or declaration provided for in the first paragraph. In this case, the professional shall communicate to the consumer, without delay, an acknowledgment of receipt of the withdrawal on a durable medium.
Article L 221-23 of the Consumer Code: the consumer returns or restores the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to recover these goods themselves.
The consumer bears only the direct costs of returning the goods, unless the professional agrees to bear them or if he has omitted to inform the consumer that these costs are at his expense. Nevertheless, for off-premises contracts, when the goods are delivered to the consumer's home at the time of the conclusion of the contract, the professional shall recover the goods at his own expense if they cannot be returned normally by mail due to their nature.
The consumer's liability can only be engaged in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of Article L. 221-5.
Article L 221-24 of the Consumer Code: when the right of withdrawal is exercised, the professional shall reimburse the consumer for all sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless he offers to recover the goods himself, the professional may defer the reimbursement until the recovery of the goods or until the consumer has provided proof of the shipment of these goods, the date retained being that of the first of these facts.
The professional shall carry out this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to the use of another means of payment and insofar as the reimbursement does not occasion costs for the consumer.
The professional is not required to reimburse additional costs if the consumer has expressly chosen a mode of delivery more expensive than the standard mode of delivery offered by the professional.
The consumer returns or restores the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to recover these goods themselves.
The consumer bears only the direct costs of returning the goods, unless the professional agrees to bear them or if he has omitted to inform the consumer that these costs are at his expense. Nevertheless, for off-premises contracts, when the goods are delivered to the consumer's home at the time of the conclusion of the contract, the professional shall recover the goods at his own expense if they cannot be returned normally by mail due to their nature.
The consumer's liability can only be engaged in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of Article L. 221-5.
ARTICLE 21 – WITHDRAWAL FORM
(Please complete and return this form only if you wish to exercise your right of withdrawal regarding an order)
To the attention of the company APARANJAN, 195 Route des 3 lucs à la valentine
13011 Marseille
I hereby notify you of my withdrawal from the contract for the sale of the Product below: …………………………………………………………
Ordered on(*)/received on(*) : …………………………………………………………
Customer Name : ……………………………………………………………………………………………………………………….
Customer Address : ……………………………………………………………………………….………………………
Customer Signature (only if this form is notified on paper) :
………………………………………………………………………………………………………………………
Date : ………………………………………………………………………………………………………………………
