GENERAL TERMS OF SALES – CUSTOMERS- INTERNET PRODUCTS
ARTICLE 1- Field of application
The present General Terms of Sale apply, without restriction, nor reservation, to all sales concluded by AU NAIN BLEU PARIS (« the seller ») and the clients & non professional customers (« the clients ») who wish to acquire the products offered for sale by the seller (« the products ») on its internet website https://www.aunainbleu.com.
These general sales terms and conditions notably detail the terms and conditions of ordering, payment, delivery and the management of any eventual returns of products ordered by the clients.
These general sales terms can be completed by any particular conditions, stated on the website before any transaction with the client.
These conditions apply to the exclusion of all other conditions and notably those applicable to sales in physical boutiques or any other distribution & commercialisation channels.
They can be consulted at any time on the website https://www.aunainbleu.com and, as the case may be, prevail over any other version or any other contradictory document.
These general sales terms may be modified at anytime, but the terms applicable are those enforced on the site on the date your order is placed.
The modifications of the general sales terms are enforceable against the website users https://www.aunainbleu.com from when they are online and cannot be applied to previous transactions
ARTICLE 2 - The products offered for sale
The products offered for sale on the internet website https://www.aunainbleu.com are the following :
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Games, books, toys, fluffs & children accessories
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Accessories & decorative objets
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Clothes & cosmetics
The main caracteristics of the products and in particular its specifications, illustrations and dimensions or product capacity are discribed on the website https://www.aunainbleu.com.
The clients are required to become aware of them before to confirm order.
The choice and the purchase of any products is the client responsability.
The photographies and graphic designs displayed on the website https://www.aunainbleu.com are not contractual and could not engage the seller responsability.
The client is asked to refer to the description of all products so he can acknowledge its caracteristics, essential particularities and the delivery time, as well as, in case of continuous or periodical supply, the minimum policy term.
The contractual information is presented in the English language and shall be reused in a confirmation upon order confirmation by the client.
The products offered on sale on the website https://www.aunainbleu.com are to be sold exclusively in France.
For orders to a country other than France Metropolitan the client is the importer of the product concerned.
For all products shipped outside the European Union or DOM TOM the price will be automatically calculated without taxes on the bill or order confirmation.
The customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded. These duties and taxes are to be paid by the customer, who is entirely
responsible as regards both declarations and payments
ARTICLE 3 - Validity period of the product offer
The products are offered while stocks last as specified during the placing of the order by customer.
ARTICLE 4 - The seller's contact details
The seller’s contact detals are the folllowing :
AU NAIN BLEU PARIS
SAS (a simplified joint stock company) with share capital of 100,000 Euros
Head office 42 rue de Paris 78600 Maisons Laffitte
Registered with the trade and companies register of Versailles under the number 879 158 004
Number of intra-Community Value Added Tax (VAT) FR83 879158004
Email contact@aunainbleu.com
According to the Data Protection Act of January 6th, 1978, reinforced and completed by the RGPD (general data protection regulation) entered into force on the 25th of may 2018, the client has at any time, a right of access, rectification, opposition, erasure and portability to all of his personal data by writing a letter, with a proof of your identity,to the seller address mentionned above.
The validation of the order by the client is worth acceptance, without restriction, nor reserve of these general terms of sale.
The client recognizes to have the required capacity to contract and acquire the products offered on the internet website https://www.aunainbleu.com.
ARTICLE 5 - Orders
5-1. Order placement
It is the responsibility of the client to select on the internet website https://www.aunainbleu.com the products that he wish to order accordance with the following conditions :
The buyer selects the desired articles by adding them into the « trolley »
The order validation of the articles contained in the « trolley » is made by activating « to order »
As long as the order is not validated, the buyer can modify his « trolley »
The buyer is informed that for any article selected but for which the order is not yet confirmed, it will remain on sale for the other buyers and that there is no warranty regarding the price maintenance on the day the article was selected, the price applicable being the one in use at the moment of the order validation.
The buyer is the only responsible for keeping its confidential account login details and never to communicate it to third parties. Consequently, any purchase done using those login details will be considerated to have been done by the client as he is the login details’s owner. If the client’s login password is lost, stolen or misused, the buyer must inform immediately the seller by mail addressed to https://www.aunainbleu.com.
The client can check the order detail, its total price and to correct possible mistakes before to confirm its acceptance. It is his responsability to check the order exactitude and to report or modify immediately any mistake.
An order placed on the website https://www.aunainbleu.com is made once the client accepts the present general terms of sale by ticking the checkbox provided and confirm its order. This confirmation implies the acceptance of the entire general terms of sale as well as the site terms and conditions of Website Use https://www.aunainbleu.com.
The sale will not be considered effective until after confirmation of the order is sent to the Customer by the seller by email that must be sent without delay and after receiving the full payment by the client using the 3d secure protocole.
Any order placed, confirmed by the client and confirmed by the seller, on the conditions and in the manner laid down above, on the website https://www.aunainbleu.com constitutes a contract concluded remotely between the Customer and the seller.
Unless proved otherwise, the data recorded in the seller’s computer system constitute the proof of all transactions made with the client.
The seller reserves the right to cancel or refuse any order from a client with whom the seller could have a dispute regarding the paiement of a previous order.
The client will be able to follow its order progression on the internet website https://www.aunainbleu.com.
The seller isnot intented to sell the products offered on https://www.aunainbleu.com to professionnals but only to consumers or non professionnal customers for their personnal use.
The seller reserves the right to refuse any order of the same product sold in important quantitites and that contain more than 5 articles identical.
5-2 . Order modification.
Once confirmed and accepted by the seller, under the conditions set out above, the order cannot be modified.
5-3 . Order cancellation
Once confirmed and accepted by the seller, under the conditions set out above, the order cannot be cancelled, off the right of withdrawal or major force.
ARTICLE 6 – Price rate
The products are supplied according to the rates mentioned on the Website https://www.aunainbleu.com, at the time of recording of the order by the Seller. The prices quoted on the Site are expressed in Euro, excluding taxes (HT) & all inclusive of taxes (TTC).
The prices take into account possible reductions that could have been made by the seller in the website https://www.aunainbleu.com.
Those prices are binding and non revisable for the period in which they are valid, as mentionned on the website https://www.aunainbleu.com, the seller reserving the right, out of this period of validitaty, to modify the prices at any time. The prices do not include the processing, the forwarding, the transport & delivery fees that are billed in addition, under the conditions set on the website https://www.aunainbleu.com, and are calculated when the order is made.
If the client asks for a quicker or more expensive delivery mode than the standard delivery, the extra costs of delivery, as it will appear at the order confirmation, shall be borne in full by the client.
The total payment required from the client corresponds to the total cost of buying including those charges.
ARTICLE 7 – Conditions of payment
The price is payable in cash, in full, on the date the order is placed by the Client, by secure payment, in accordance with the following conditions :
- by credit card : credit card, Visa, MasterCard, American Express, other credit cards
- by e-wallet
The payment by credit card is irrevocable, unless fraudulent use of the card. In that case, the client can ask by the order cancellation & the restitution of the respective payment.
The payment data are exchanged in encrypted mode thanks to the 3D secure protocole.
Should there be a delay in the payment of the amounts due by the client beyond above-mentioned required time, and after the date of payment stated on the invoice sent to the client, late payment penalties calculated at a monthly rate of 3% of the purchase price including tax stated on aforesaid invoice will be automatically obtained by the Seller, without requesting any formalities or prior formal demand.
Furthermore, any payment delay will signify full right to a fixed compensation of forty (40) Euros, without prejudice to the penalties for delay.
The payment delay will also lead to immediately due of all amounts due by the client, without prejudice to any other action that the Seller may be entitled to bring against the client on this account.
Payment by the client will be considered final only after the seller has collected the sum owed.
Furthermore, the seller has the right, in case of non compliance with the terms of payment as stipulated below, to suspend or cancel the client’s ongoing orders delivery.
No further costs, exceeding the costs incurred by the seller for the use of the method of payment can be invoiced to the client.
ARTICLE 8 –Deliveries
The products ordered by the client will be delivered in metropolitan France within the shipping time indicated in the « return & delivery » tab plus the added treatment & transit delay to the address indicated by the client at the time of ordering on the website https://www.aunainbleu.com.
The delivery is carried out by the transfert to the client of the physical owing of the product or its control.
Except in special cases or if one or several products is unavailable, the products ordered will be sent out in one delivery.
The seller will commit to do its best to have the ordered pieces delivered within the mentionned shipping time. However, this delivery time is for information only.
However, should the ordered products not be delivered within 30 days after the standard date of delivery for quite other reason than of force majeure, the sale might be cancelled by written request from the client under the conditions provided for by Articles L 216-2 L 216-3 L241-4 of the the French "code de la consommation".
The amounts paid by the Client shall then be returned to the latter within at most 14 days following the termination of the contract, without any compensation or withholding.
In case of non-conformity of the products delivered, the seller will exchange the product or refund the customer as mentionned in the article « Seller's Liability – Warranty »
The seller shall bear the cost and risk of transport and will repay the client in case of products dammaged during transportation.
In case of a particular demand from the client regarding the packaging or the transportation of the ordered products, duly accepted in writing by the seller, the associated costs will be part of a complementary specific bill, for which a quote would has been accepted in writing by the client.
The client is responsible for verifying the condition of the delivered products, and in case of missing or damaged items (damaged product or parcel, parcel already opened), the client must notify the seller by electronic mail within 48 hours after delivery with all realted documents (pictures for example).
After this delay, and under the above mentioned procedure, the products will be presumed to be conformed and exempt of any apparent malfunction and no complaint will be legitimately accepted by the seller.
The Seller will replace at his own expenses and in the shortest possible time the delivered products whose conspicuous defects or non-compliance defects have been duly proved by the client under the conditions stipulated in articles L 217-4 and following the French code of consumer as well as planned by those present general terms of sale (see specifically « Warranties »).
ARTICLE 9 – Ownership transfer –Risks transfer
The ownership transfer of the seller’s products is made upon the order acceptance by the seller, materializing the two parties’agreement about the products and price and thus no matter the payment & delivery date.
No matter the ownership transfer date of the products, the risks related to the loss and deterioration of the products sold by the Seller will be transferred only once the client will physically take possession of the products. The products travel to the risks and dangers of the seller.
ARTICLE 10 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition(14 days at most following the communication of the withdrawal decision) following the notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website https://www.aunainbleu.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining payable by the client.
The refund will be made within 14 days (at most 14 days) from the notification to the Seller of the withdrawal decision.
ARTICLE 11 - Responsibility of the Seller - Warranty
The Products sold on the website https://www.aunainbleu.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions :
- the legal warranty of conformity, for Products which are apparently defective, damaged or damaged or which do not correspond to the order,
- the legal warranty against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Conditions of Sale (Warranty of Conformity / Warranty of Hidden Vices).
It is recalled that under the legal warranty of conformity, the Customer has a period of two years from the delivery of the goods to act against the Seller; - can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code; it is exempt from providing proof of the existence of the Product's lack of conformity during the twenty four months following the delivery of the Product.
The legal warranty of conformity applies independently from the commercial warranty that may possibly cover the Product. The client may decide to use the warranty against hidden product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
In order to assert their rights, the client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or the discovery of hidden defects within the deadlines below and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions ...).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Vendor's finding of the non-conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller's responsibility cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the client to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the client, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 12 - Protection of personal data
In application of the law 78-17 of January 6, 1978 modified by the law n ° 2018-493 of June 20, 2018, it is recalled that the personal data requested from the client are necessary for the processing of his order and espcially for the establishment of invoices.
This data can be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website https://www.aunainbleu.com meets the legal requirements in terms of data protection.
The client has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information related to him.
This right can be exercised under the conditions and according to the methods defined on the website https://www.aunainbleu.com.
ARTICLE 13 - Intellectual property
The content of the website https://www.aunainbleu.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 14 – Unforeseen
In the event of a change in unforeseeable circumstances at the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume an excessively onerous risk of execution may request a renegotiation of the contract to his contracting partner.
ARTICLE 15 - Force majeure
The Parties cannot be held responsible if the non-performance or the delay in the performance of any of their obligations, as described herein, result from a case of force majeure, within the meaning of the article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
Those General Conditions of Sale and the operations arising therefrom are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination and their consequences and which could not have been be resolved between the seller and the client will be submitted to the competent courts under the conditions of common law.
The client is informed that he can in any event use the own ANB mediation system in the event of a dispute.
The client, noting that a violation of the general regulations on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the IT and freedom law of 1978, in order to obtain compensation from the data controller or processor before a civil or administrative court or before the National Commission for Data Protection.
ARTICLE 18 - Pre-contractual information - Client acceptance
The fact for a natural (or legal) person to order on the website https://www.aunainbleu.com implies acceptance and full acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the client, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.
APPENDIX I- PROVISIONQ RELATING TO LEGAL WARRANTIES
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible 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.
Article L217-5 of the Consumer Code
To comply with the contract, the product must:
- Be suitable for the use normally expected of a similar item and, where applicable:
correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model, have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the Consumer Code
When the client requests from the seller, during the course of the commercial warranty granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any period of immobilization of 'at least seven days is added to the duration of the warranty which remained to run. This period runs from the client's intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the product sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the client has not acquired it, or has not would have given a lesser price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the client within two years from the discovery of the defect.
APPENDIX II- WITHDRAWAL FOR
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.aunainbleu.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of :
AU NAIN BLEU PARIS
42 rue de Paris
78600 Laffitte Homes
- Order from: ……………………………………………… ..
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer address: ............................................. ..........................
Signature of the Client (only in case of notification of this form on paper):