Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
APARANJAN designs, manufactures, sells and retails costume jewellery and other jewellery-related accessories.
The APARANJAN company also makes some of its products to measure to meet the needs of its customers, whether these are customised creations or jewellery. For certain models, customers can have the jewellery of their dreams made to measure.
The present general conditions of sale apply to all sales concluded on the Internet site https://www.aparanjanparis.com, between the company ‘APARANJAN’ designated more fully below and any natural person, domiciled in one of the delivery countries mentioned in article 2.2, acting for his private needs and/or making a purchase hereinafter referred to as ‘the Customer’.
ARTICLE 1 - DESCRIPTION OF THE VENDOR
The https://www.aparanjanparis.com website is a service provided by :
- the Société par actions simplifiée (simplified joint stock company) with a single shareholder called ‘APARANJAN’,
with a capital of 1,000 euros,
with its registered office at 195 route des 3 lucs à la valentine 13011 Marseille
registered in the Marseille Trade and Companies Register under number 842 308 603
VAT number: FR 64842308603
E-mail: contact@aparanjanparis.com
ARTICLE 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE (HEREBY referred to as the ‘GTCS’)
2. 1 Purpose of the general terms and conditions of sale
These general terms and conditions express all the obligations of the parties and govern their relationship exclusively.
In particular, they specify the conditions for ordering, payment, delivery and management of any returns of products ordered by the Customer.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
2. 2 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’) with consumers and non-professional buyers (‘the Customer’), wishing to acquire 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 special terms and conditions, set out on the website, prior to any transaction with the Customer.
The General Terms and Conditions of Sale apply exclusively to products sent to customers both in France and abroad.
The Gift Card is a purchase voucher that allows its holder to pay for purchases, in one or more instalments, within the limit of the available balance and its validity date, by supplementing if necessary with another means of payment.
The period of validity is limited to 12 months, starting from the date of purchase
The card may not be exchanged, taken back, resold or reimbursed, even partially (except under certain conditions in the event of loss or theft or exercise of the right of withdrawal), nor may it be credited to a bank card or bank account.
Vouchers won in the competition are valid for 1 month from the date the results are announced. This voucher is personal and cannot be sold or transferred to a third party or exchanged for another voucher,
. Once the validity date has expired, these vouchers 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 all times on the https://www.aparanjanparis.com website and will prevail, where applicable, over any other version or any other contradictory document.
The general terms and conditions of sale are binding on the customer, who acknowledges having read and accepted them before placing an order by ticking the appropriate box.
The customer declares that he/she has read and accepted these general terms and conditions of sale before making an immediate purchase or placing an order. In this respect, they are enforceable against them in accordance with the terms of article 1119 of the French Civil Code.
Validation of the order by its confirmation implies acceptance by the customer of the general terms and conditions of sale in force on the day of the order, which are kept and reproduced by the professional seller in accordance with article 1127-2 of the French 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.
Amendments to these General Terms and Conditions of Sale are binding on users of the https://www.aparanjanparis.com website from the date they are posted online and cannot be applied to transactions concluded previously.
2. 5. clauses in the general terms and conditions of sale
The nullity of a contractual clause does not entail the nullity of the general terms and conditions of sale unless it is an impulsive and determining clause which led one of the parties to conclude 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 vendor shall not constitute a waiver of the other clauses of the general terms and conditions of sale, which shall continue to have effect.
2.6. Pre-contractual information - Customer acceptance (Articles L111-1 to L111-8 of the Consumer Code)
The Customer acknowledges that, prior to placing an order and concluding the contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with 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 pursuant to articles L 112-1 to L 112-4 of the French Consumer Code;
all additional transport, delivery and any other costs;
in the absence of immediate performance of the contract, the date or deadline by which the trader undertakes to deliver the good(s) ordered;
information relating to the identity of the trader, his postal, telephone and electronic contact details and his activities, insofar as they are not apparent from the context;
information relating to legal and contractual guarantees and how they are implemented;
information relating to the functionalities of the digital content and, where applicable, its interoperability, the existence of guarantees and other contractual terms and conditions and how they are implemented;
the possibility of recourse to a consumer mediator under the conditions laid down in Title I of Book VI;
information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures and other important contractual conditions;
the procedures for payment, delivery and performance of the contract, as well as the procedures provided by the professional for handling complaints;
in the case of a sale, the existence and procedures for exercising the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L. 217-15 and L. 217-17 of the French Consumer Code;
the conditions for its cancellation
The fact that a customer places an order on the website https://www. aparanjanparis.com implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.
ARTICLE 3 - PRODUCTS
3. 1. Characteristics
The products offered for sale on the https://www.aparanjanparis.com website are presented in the catalogue published on the said website.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the https://www.aparanjanparis.com website in accordance with the provisions of article L. 111-1 of the French Consumer Code (Code de la Consommation)
. The Customer is obliged to familiarise himself/herself with this information before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer must refer to the description of each Product in order to find out about its properties, essential characteristics and delivery times.
Contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.
Our photographs are retouched, so there may be variations in colour, so the photos of our items worn are non-contractual
3.2 Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products offered for sale under these General Terms and Conditions of Sale comply with the regulations in force relating to personal health and safety, fair trading and consumer protection.
Irrespective of any commercial guarantee, the seller remains liable for the product's lack of conformity and hidden defects.
In accordance with article L.217-4, the seller delivers goods that conform to the contract and is liable for any lack of conformity at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
In the event of a lack of conformity, the buyer chooses between reimbursement of the product or replacement of the defective product.
However, the seller may not proceed according to the customer's choice if this choice would result in a cost that is clearly disproportionate to the other option, taking into account the value of the product or the significance of the defect. In this case, unless it is impossible to do so, it is obliged to proceed according to the method not chosen by the customer.
3.3 Stock availability
Product offers are valid for as long as they are visible on the Site, except in the case of special operations, the period of validity of which is specified on the Site.
ARTICLE 4 - PRICES AND TERMS OF SALE
4. 1. Sale prices
The sale prices, in accordance with article L. 112-1 of the French Consumer Code, are indicated, for each of the products listed in the electronic catalogue, in euros including all taxes, but excluding delivery and transport costs which are mentioned before the order is validated and invoiced in addition.
The prices take into account the VAT applicable on the day of the order and any change in the VAT rate will automatically be reflected in the price of the products in the online shop.
The total amount payable by the consumer is indicated on the order confirmation page.
The sale price of the product is that in force on the day the order is placed.
The sale price of the products does not include delivery charges, which are invoiced in addition to the price.
The full price must be paid when the order is placed. At no time may the sums paid be considered as deposits or advance payments.
In order to benefit from an advantage code, which consists of a discount on the entire order or on one product, it is up to the customer to insert the advantage code indicated by the seller at the end of the procedure, after having completed all the necessary steps for their order.
4.2 Modification
The professional seller reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in force on the day of the order.
4.3 Charges
Any additional transport, delivery or postage charges of which the Customer may have been made aware prior to placing the order are set out on the order form.
ARTICLE 5 - ORDERING
5. 1. Steps involved in concluding the contract
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place the order.
In order to place an order, the Customer, after having filled his/her virtual basket with the products selected and the quantities desired, then clicks on the ‘Order’ button and provides the information required to create his/her customer account, followed by the information relating to delivery and the method of payment.
The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
An order is registered on the https://www.aparanjanparis.com website when the Customer accepts these General Terms and Conditions of Sale by ticking the appropriate box and validates the order.
This validation implies acceptance of these General Terms and Conditions of Sale in their entirety, as well as the general terms and conditions of use of the https://www.aparanjanparis.com
The sale will be considered final:
after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail,
after the Vendor has received payment in full.
Any order placed, validated by the Customer and confirmed by the Vendor, under the terms and conditions described above, on the https://www.aparanjanparis.com website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of the nature, content and date of the order. The latter is archived by APARANJAN in accordance with the legal conditions and timeframes; the Customer may access this archiving by contacting the Customer Relations Department.
The Customer may track the progress of his/her order on the website https://www.aparanjanparis.com
. Moreover, on the day the parcel is dispatched, the Customer receives a tracking number for his/her parcel.
5.2 Changing an order
Once an order has been confirmed and accepted by the Seller, under the conditions described above, it cannot be changed.
.
5.3 Validation of the order
The professional seller reserves the right to refuse any order for legitimate reasons, in particular non-payment, incorrect address or any other problem with the customer's account and more particularly if the quantities of products ordered are abnormally high for customers who are consumers.
5.4. Cancellation of the order
Once the order has been confirmed and accepted by the Vendor, under the conditions described above, it cannot be cancelled, except in the event of the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 - CONCLUSION OF THE ONLINE CONTRACT
6.1 Conclusion
The sales contract is formed when the Customer sends confirmation of his/her order.
6.2 Archiving and proof
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.
6.3 Cancellation
The order may be cancelled by the customer by registered letter with acknowledgement of receipt or by writing on another durable medium.
ARTICLE 7 - METHOD OF PAYMENT
This is an order with a payment obligation, which means that placing the order implies immediate payment by the buyer.
The price is payable in full once the order has been confirmed.
Orders can be paid for by the following credit cards: Visa, Mastercard, Maestro, E-Carte bleue, Paylib, Bancontact Mistercash.
Payment is entirely secure. The site is equipped with a secure online payment system (PAYPLUG) enabling the consumer to encrypt the transmission of their bank details using a secure SSL (Secure Socket Layer) payment module.
The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment.
In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. The seller has set up an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge.
As part of this verification process, the customer may be asked to fax the seller a copy of an identity document and proof of address. The order will only be validated once the seller has received and checked the documents sent.
Payments made by the customer will not be considered final until the seller has actually received the sums due.
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 3° of article L. 111-1 of the French Consumer Code, unless the parties have agreed otherwise.
Delivery refers to the transfer to the customer of physical possession or control of the goods (article L. 216-1 paragraph 3 of the Consumer Code).
Delivery only takes place after confirmation of payment by the seller's bank.
Any taxes and customs duties are always payable by the customer, who assumes the costs at the time of customs clearance. The products ordered will only be delivered once the amount required by the customs authorities has been paid.
8.2 Delivery times
The Products ordered by the Customer will be delivered in mainland France and internationally within 10 working days of confirmation of the Customer's order on the https://www.aparanjanparis.com website, and in any event within a maximum of 30 days.
Products are shipped by La Poste.
8. 3. Delay in delivery
When the product ordered is not delivered, for any reason other than force majeure or the fault of the Customer, on the scheduled date, the consumer may, after having unsuccessfully enjoined the seller to fulfil its obligation to deliver within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of cancellation of the contract.
8.4 Place of delivery
Products are delivered to the address indicated by the Customer when placing the order.
It is the Customer's responsibility to ensure that the details provided when placing the order are correct, so that the order can be correctly dispatched and received. Under no circumstances can the seller be held responsible if the Customer does not receive his/her order due to an error in entering his/her contact details.
8.5 Delivery methods
APARANJAN offers three delivery methods:
by recorded delivery
by colissimo - for all orders over the sum of 80 euros
by DHL - for all orders over the sum of 280 euros
Delivery is made by handing over the product directly to the buyer.
When the product is delivered to the address indicated on the order form by a carrier, it is the responsibility of the purchaser to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt, and, if necessary, to refuse the product and notify the seller.
In the event of non-conformity of the Product delivered, the Vendor undertakes to remedy the situation or to reimburse the Customer, as indicated more fully above.
Deliveries are made by an independent carrier to the address given by the Customer when the order was placed and to which the carrier has easy access.
Where the Customer has arranged for a carrier of its own choosing, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, once the Seller has handed over the Products sold to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse 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 Vendor, the related costs will be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
ARTICLE 9 - PRODUCT GUARANTEE
9.1. Legal guarantee of conformity and legal guarantee against hidden defects
The Company APARANJAN guarantees the conformity of the goods to the contract, allowing the purchaser to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code or the guarantee against defects in the item sold within the meaning of articles 1641 et seq. of the French Civil Code
In the event that the legal guarantee of conformity is invoked, it should be noted that :
* the customer has TWO (2) years from delivery of the goods to take action,
* the customer may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 217-17 of the French Consumer Code.
It should also be noted that :
* clauses that exclude or limit liability for defective products are prohibited and deemed unwritten (article 1245-14 of the French Civil Code)
* the legal guarantee of conformity applies independently of the commercial guarantee indicated below
* the customer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the price in accordance with Article 1644 of the French Civil Code.
9.2 Contractual guarantee
The seller contractually guarantees the correct operation of the products delivered 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 e-mail to the following address: contact@aparanjanparis.com
By registered post with acknowledgement of receipt to the following address: 195 Route des 3 lucs à la valentine
13011 marseille
On receipt of the request, the seller will allocate an exchange number for the product(s) concerned and will send it to the customer by e-mail. A product can only be sent once the returns number has been allocated.
The product must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address: 195 Route des 3 lucs à la valentine
13011 marseille
The cost of shipping is borne by the seller.
On receipt of the product, the seller will examine the equipment returned by the customer and will send a report to the customer, at his e-mail address, within a maximum of 15 working days, indicating whether, in view of the malfunction observed, this malfunction can be covered under the aforementioned contractual guarantee.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the French Consumer Code, in particular those set out below, customers have a period of 14 working days from receipt of their order in which to return any item that does not suit them and request a refund without penalty, with the exception of the cost of returning the item, which remains at the customer's expense.
Products must however be returned in their original packaging, unworn and in perfect condition, no later than 14 days following notification to the seller of the customer's decision to cancel, 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 personalised items are excluded and will not be taken back or exchanged
The customer exercises his right of withdrawal:
Either by sending the withdrawal form available at the bottom of the page of these general terms and conditions of sale
Or by any other unambiguous statement expressing his wish to withdraw which should be sent to the following address: the company APARANJAN, 195 Route des 3 lucs à la valentine
13011 marseille
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.
The cost of returning the goods shall be borne by 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 buyer under the conditions set out above.
ARTICLE 11 - FORCE MAJEURE
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure" means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
ARTICLE 12 - INTELLECTUAL PROPERTY
The content of the https://www.aparanjanparis.com website, such as technical documents, drawings, photographs, etc., remains the property of the vendor, who is the sole owner of the intellectual property rights to this content.
Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 13 - DATA PROTECTION
The personal data supplied by the customer is required to process the order and to issue 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 https://www.aparanjanparis.com website has been declared to the CNIL.
Customers have a permanent right of access, modification, rectification and opposition with regard to information concerning them.
This right may be exercised under the terms and conditions defined on the https://www.aparanjanparis.com website.
ARTICLE 14 - LANGUAGE OF THE CONTRACT
These general terms and conditions of sale are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 15 - COMPLAINTS AND MEDIATION
15.1 Prior complaint
The customer may submit any complaint by contacting the customer service department of the professional seller via the contact form on the site or by post 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 French Consumer Code, in the event of a dispute, the customer may have recourse to the MCP Médiation mediation service to which we belong: by post: 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 claim, the buyer will first contact the seller to obtain an amicable solution.
ARTICLE 17 - PROTECTION OF PERSONAL DATA
17.1 Data collected :
The personal data collected on this site is as follows:
Account opening: when the user's account is created, his/her surname, first name, e-mail address; telephone number; postal address;
Connection: when the user connects to the website, it records, in particular, his/her surname, first name, connection data, usage data, location data and payment data.
Profile: when using the services provided on the website, a profile is created, which may include an address and telephone number.
Payment: when paying for the products and services offered on the website, the website 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 relating to the user's communications is temporarily stored.
Cookies: cookies are used as part of the use of the site.
The user can deactivate cookies using the settings on their browser.
17.2 Use of personal data
Personal data collected from users is used to provide and improve website services and to maintain a secure environment.
More specifically, it is used for the following purposes
- access and use of the website by the user;
- management of the operation and optimisation of the website;
- organisation of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalising services by displaying advertisements according to the user's browsing history and preferences;
- preventing and detecting fraud, malware (malicious software) and managing security incidents;
- managing any disputes with users;
- sending commercial and advertising information according to 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 has relations with third party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorises a third party website to access his/her data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and legal proceedings;
- if the website is involved in a merger, acquisition, transfer of assets or receivership, it may be required to transfer or share all or part of its assets, including personal data.
In this case, users will be informed before any personal data is transferred to a third party.
17.4 Security and confidentiality
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised 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 users' rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: contact@aparanjanparis.com.
the right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
ï the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
ï the right to the deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
ï the right to restrict processing: users may ask the website to restrict the processing of personal data in accordance with the assumptions set out in the RGPD.
ï the right to object to the processing of data: users may object to their data being processed in accordance with the provisions of the RGPD.
ï the right to portability: they may request that the website return the personal data provided to them in order to transfer it to a new website.
17.6. Changes to this clause
The website reserves the right to make any changes to this clause relating to 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 e-mail 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 may delete their account.
ARTICLE 18 - COMPETENT COURT
By express agreement between the parties, these General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law.
All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, and which could not be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
ARTICLE 19- APPLICABLE LAW
These general terms and conditions of sale are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 20 - CONSUMER INFORMATION
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for the use for which it was intended, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1648 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The goods conform to the contract:
1° If they are fit for the purpose normally expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or its representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12 of the French Consumer Code: Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the term of the commercial guarantee granted to him when a movable item was purchased or repaired, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the remaining guarantee.
This period runs from the date of the buyer's request for service or from the date that the item in question is made available for repair, if this is subsequent to the request for service.
Article L 221-18 of the Consumer Code: Consumers have a period of fourteen days to exercise their right to withdraw from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give reasons for their decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph runs from the date:
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;
2° On receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, in the case of contracts for the sale of goods. In the case of off-premises contracts, the consumer may exercise his right of withdrawal from the moment the contract is concluded.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
Article L 221-19 of the French Consumer Code: in accordance with Council Regulation no. 1182/71/EEC 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 on which the goods are received is not counted in the period mentioned in article L. 221-18 of the French Consumer Code;
2° The period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period;
3° If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Article L 221-20 of the Consumer Code: where the information relating to the right of withdrawal has not been provided to the consumer under the conditions set out in 2° of article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with article L. 221-18.
However, where this information is provided during this extension, the withdrawal period expires at the end of a period of fourteen days from the day on which the consumer received this information.
Article L 221-21 of the Consumer Code: the consumer exercises his right of withdrawal by informing the trader of his decision to withdraw by sending, before expiry 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 statement expressing his wish to withdraw.
The trader may also allow the consumer to fill in and submit the form or statement referred to in the first paragraph online via his website. In this case, the trader shall send the consumer an acknowledgement of receipt of the withdrawal on a durable medium without delay.
Article L 221-23 of the Consumer Code: the consumer shall return or hand over the goods to the trader or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with article L. 221-21, unless the trader offers to collect the goods himself.
The consumer shall only bear the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer's home when the contract is concluded, the trader shall collect the goods at his own expense if they cannot be returned normally by post due to their nature.
The consumer may only be held liable 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 trader has informed the consumer of his right of withdrawal, in accordance with 2° of article L. 221-5.
Article L 221-24 of the French Consumer Code: where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than 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 the trader offers to collect the goods himself, the trader may postpone the reimbursement until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier.
The trader shall make the refund using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer.
The trader shall not be obliged to reimburse additional costs if the consumer has expressly chosen a method of delivery which is more expensive than the standard method of delivery offered by the trader.
The consumer shall send back or return the goods to the trader or to a person designated by the trader, without undue delay and no later than fourteen days after communicating his decision to withdraw in accordance with Article L. 221-21, unless the trader offers to collect the goods himself.
The consumer shall only bear the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer's home when the contract is concluded, the trader shall collect the goods at his own expense if they cannot be returned normally by post due to their nature.
The consumer may only be held liable 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 trader 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 in respect of an order)
For the attention of 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's name: ........................................................................................................................................
Customer's address: ......................................................................................................................
Customer's signature (only in the case of notification of this form on paper):
.......................................................................................................................................
Date: .......................................................................................................................................
