Terms of online sales website
TITLE I – Parties
Between the undersigned:
- The Company AVB SARL, Limited Liability Company with capital of € 38,115, registered with the Paris Trade and Companies Register under number 433 290 574, whose head office is located at 17 rue Henry Monnier 75009 Paris, France.
Hereinafter referred to as the "Seller", On the one hand,
- The natural person
Navigating, taking cognizance, reserving, ordering and / or buying a product or a service proposed on the site of the salesman.
Hereinafter referred to as the "Customer", on the other hand,
It was stated and agreed as follows:
TITLE II – Presentation
These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded between the seller and the customer.
These conditions apply only to non-commercial natural persons who acquire the goods for their personal use and not for the possible exercise of a professional activity.
The parties agree that their relations will be governed exclusively by this contract, excluding all conditions previously available on the site and that they will prevail, if necessary, on any other version or any other document.
Accordingly, placing an order implies the customer's full and unreserved acceptance of these conditions.
The fact that the seller does not avail himself, at a given moment, of one of the clauses of the present GTS, can not be interpreted as being worth renunciation to take advantage later of this clause.
The general conditions of sale were updated on December 2, 2019. This edition cancels and replaces the previous versions.
TITLE III – Conventions
Article 1. – Definitions
1.1. – Seller means AVB SARL, a company with a capital of € 38,115, registered with the Paris Trade and Companies Register under number 433 290 574, whose head office is located at: 17 rue Henry Monnier 75009 Paris, La France.
1.2. – Customer means any consumer who navigates, reads, reserves, orders and / or buys a product or service offered on the site.
1.3. – Product means any product offered on the site.
1.4. – Service means any service offered on the site.
1.5. – Site refers to the infrastructure developed by the seller according to the computer formats usable on the Internet including data of different natures, and in particular texts, sounds, still or moving images, videos, databases, intended to be consulted by the user. customer to know about its products and services (www.alexandraabramczyk.com).
1.6. – Internet refers to different networks of servers located in various places around the world, connected to each other by means of communication networks, and communicating using a specific protocol known as TCP / IP.
Article 2. – Order
The Customer has the opportunity to place an order online from the e-shop present on the site.
The order can only be registered on the site if the customer is clearly identified by the entry of his customer code and his password which are strictly personal.
The customer who wishes to buy a product must obligatorily during his first order, create a customer account.
Any order implies acceptance of the price and the description of the products available for sale.
The seller agrees to honor orders received on the website only within the limits of available stocks of products. In the absence of availability of products, the seller undertakes to inform the customer as soon as possible. The cancellation of the order for this product and its possible refund will be made.
The seller agrees to send the customer, by email, a confirmation of receipt of his order including:
- A summary of the products ordered and their references,
- The price of the products,
- The quantities to be delivered,
- The date and time of the order,
- The date or time at which the seller undertakes to deliver the product,
- Delivery fees,
- The method of payment chosen by the customer,
- The mention that the customer has a withdrawal period.
The customer must check the contents of the confirmation as soon as possible and immediately inform the seller of any errors or omissions.
Article 3. – Validity of the order
Any customer of the site not holding a customer account will have to follow a procedure of inscription allowing him to obtain the account.
This account is personal. Any loss or omission must be reported to the seller's services promptly by contacting customer service, or by completing the form provided on the site.
In any case, the online supply of the credit card number and the validation of the order and its payment will be proof of the completeness of the order in accordance with the provisions of the law n ° 2000-230 of March 13th, 2000 adapting from the law of evidence to the information technologies and relating to the electronic signature, and will be worthy of the sums committed by the order.
This validation is worth signature and express acceptation of all the operations carried out on the site. However, in case of fraudulent use of his credit card, the customer is invited, upon the finding of this use, to contact the customer service of the seller by calling the following telephone number: 01 42 65 63 77 or by contacting the seller by email to the email address firstname.lastname@example.org
It is expressly agreed that, unless there is a manifest error on the part of the seller, the data stored in the vendor's computer systems, under reasonable security conditions, have probative force with respect to the orders placed by the customer. Data in computer or electronic form constitutes valid evidence and as such is admissible under the same conditions and with the same probative value as any document that may be drawn up, received or kept in writing.
The filing of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
Article 4. – Delivery and Return
The customer must choose the place of delivery. He must indicate very precisely his address and postal code without the slightest abbreviation.
If the delivery address entered by the customer is not valid and thus induces a return of the parcel for non-receipt to the indicated address, the cost of forwarding the parcel to the new address sent will be borne by the customer.
The seller agrees to make deliveries of items ordered as soon as possible (Monday to Friday, except holidays). The average times observed for the available items are 7 days for delivery in mainland France.
All delivery times, including those mentioned on the confirmation of receipt of order, are determined as accurately as possible by the seller.
The seller can not be held responsible for unforeseeable delivery delays, provided that, except in case of force majeure, the products are delivered within a maximum period of 7 days following the date of delivery announced by the seller.
In the event that the seller is not able to deliver the ordered goods due to a sudden, even temporary, unavailability of products, he will inform the customer without delay and, at the latest, seven days after the date of delivery. delivery announced by the seller at the time of taking the order by email.
In case of delay in the delivery of products, the provisions of Article L. 216-1 and following of the Consumer Code will apply.
For the follow-up of the current order, the customer can consult the online order tracking.
After shipping the products, the seller will send the customer a shipping confirmation letter and a shipping number.
The delivery of the goods must be made in the presence of the customer or a person designated by him expressly to the address of the recipient indicated in the order.
At the time of delivery of the goods, the customer is obliged to check that the number of packages delivered corresponds to the indications of the transport document (DDT) and to the invoice and that the packing is intact, undamaged, not wet or altered. in any way whatsoever, including for the materials used to close the package.
The customer must immediately contest the possible damage to the packaging and / or the products or an error in the number of packages or non-compliance of the indications, by placing a written reserve of control on the proof of delivery. After signing the delivery note, the customer can not object to the external appearance of the delivery.
Customs policies vary greatly from one country to another, the customer must contact the local customs service for more information. In addition, when the customer places an order on the site, he is considered as the official importer and must respect all the laws and regulations of the country in which he receives the products.
The protection of your privacy is important to us and we draw the attention of our international customers to the fact that cross-border deliveries are likely to be opened and inspected by the customs authorities.
If the customer uses a VPN, he must verify that it is located in the country where he is at the time of online order. If this is not the case, the seller has the right to cancel any order that is not in his list of countries of delivery.
Countries of delivery: Europe, Switzerland, Great Britain.
Article 5. – Prices and methods of payment
The prices of the products present on the site are indicated in euros, dollars and pound sterling all taxes included. They take into account the VAT applicable on the day of the order and will be definitively confirmed on the confirmation of the reception of the order.
These prices do not include shipping costs, depending on the amount in force.
Any change in the applicable VAT rate or the exchange rate may be reflected in the prices of the products.
Similarly, if one or more taxes or contributions, were to be created or modified, upwards or downwards, this change may be reflected in the selling price of items on the Seller's website and sales documents.
The seller agrees to regularly check that all prices listed on the site are correct, but can not guarantee the absolute absence of errors.
If an error in the price of an item should occur, the seller may give the customer the opportunity to reconfirm the purchase of the product at the correct price or cancel the order. In the event that the seller is unable to contact the customer, the order will be considered canceled.
The customer will have to pay his purchases online by credit card (Carte Bleue, Visa, Eurocard, Mastercard, American Express, PayPal) or bank transfer.
In case of delay or default of payment, the seller may at his option suspend any order and deliveries or require for these orders a cash settlement, without prejudice.
Article 6. – Retention of title clause
The seller retains the ownership of the product sold until the full and effective payment of the price.
These conditions do not preclude the transfer to the customer, upon delivery of the product, under the conditions of article 4 of these GTS, the risk of loss and damage to property subject to retention of title, as well as the liability of the customer. any damage or injury they may cause. The customer will therefore have to take out an insurance guaranteeing the risks born of the product as from the delivery of this one.
Article 7. – Right of withdrawal
If the customer is not satisfied with products ordered remotely, he can exercise his right of withdrawal without giving any reason. He then has a period of 14 days from the delivery of the products to return them.
In this case, the customer must notify his decision of withdrawal in writing in a declaration sent according to the terms of his choice or by returning the withdrawal form available at the end of these TOS or on the website from his account by email: email@example.com
Also, the customer must return to us within the same period, the product being the subject of this retraction, by sending it to the following address:
22 rue de l'arcade
75008 Paris - France
The product must be returned in a new and undamaged condition, otherwise it will not be returned or exchanged.
The seller advises the customer, to prevent loss or theft, that the product is returned by registered mail. In addition, the original packaging must be carefully protected to prevent damage in boxes or cartons.
The cost of return as well as any taxes and customs fees will be borne by the customer.
In the event of a valid withdrawal by you, the seller will refund all amounts paid, including delivery charges, by the customer for the product concerned.
This refund will be made within 14 days from the day the seller has been informed of the client's withdrawal decision and received the return of the jewel.
Article 8. – Possibilities of exchange and refund
For the procedure to follow in order to return the product to the seller, please contact + 33 1 42 65 63 77, or by email to the following address: firstname.lastname@example.org
The customer must return his item within a maximum period of 14 calendar days after shipping his order, accompanied by the mail of his order.
Any product returned for exchange or refund must imperatively be properly protected, in its original packaging (a carefully opened packaging will not be considered damaged packaging) and in a perfect state of resale (not damaged, undamaged, unused and not soiled by the customer).
Article 9. – Guarantees
9.1 - Warranty against hidden defects
The Products offered by the seller are subject to the guarantee against hidden defects set forth in articles 1641 and following of the Civil Code:
Article 1641 of the Civil Code:
"The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them."
The action resulting from latent defects must be brought within two years from the discovery of the defect.
9.2 - Guarantee of authenticity
Seller guarantees the authenticity of all products purchased on the Site.
Article 10. – Ethical procurement policy
As a trusted company offering its customers high quality products, the seller is committed to ensuring that its suppliers act ethically.
The seller expects his suppliers to create and maintain an environment that protects the health and safety of their employees, as well as their fundamental rights. All suppliers must respect the laws and social regulations in force in their country, and more particularly:
- Minimum age for work
- Freedom of work
- Health and security
- Freedom of association and right to collective bargaining
- No discrimination
- No cruel or inhuman treatment
- Work time
- Levels of remuneration
- Conditions of employment
The seller undertakes never to knowingly provide himself to countries that do not respect the above principles. The seller also asks its suppliers to apply these principles in their negotiations with their own suppliers.
Given the sometimes complex nature of the supply chain of its suppliers, it is not always possible for the seller to control and monitor the situation of each individual involved in the manufacture of the products.
However, to the extent that the seller continues to grow, he recognizes the importance of being proactive and doing everything in his power to support the rights of those involved in the manufacture of his products.
Article 11. – Confidentiality and personal data
The seller implements all means to ensure the confidentiality and security of data transmitted over the Internet. As such, the website uses a secure payment module Clic & Pay.
Article 12. – Liability
The seller undertakes to describe with the greatest accuracy or to present a photograph of the products sold on the site, it being understood that the photographs represented on the site are not contractual.
The customer acknowledges and accepts that the prices of the products are likely to vary between the site and the stores, and that in no case this difference in price can not base a request for refund or total or partial of the purchased products either on the site, in stores.
In all cases, the seller's liability can not be incurred in the event that the breach of his obligations is attributable either to the unpredictable and insurmountable event of a third party to the contract or to a case of force majeure as defined by the case law. French, either because of the consumer (Article L. 121-20-3 of the Consumer Code).
Similarly, the seller can not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
Article 13. – Force majeure
The responsibility of either party can not be sought if the performance of the contract is delayed or prevented by reason of force majeure or fortuitous event, because of the other party or a third or external causes such as social conflict, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
Article 14. – Intellectual property
The seller is the exclusive owner of intellectual property rights over the products offered on the site or in physical stores, on the brands, service marks, trademarks, designs and copyrights associated with the products, on the site and all its elements, in particular on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on software, texts, animated or fixed images, sounds, know-how, drawings, graphics and names, acronyms, logos, or other signs that could be used, made or used by the seller.
It is forbidden to use trademarks, images, designs or any other element on which the seller holds intellectual property rights.
In addition, the intellectual property rights on the documents contained on the site and each of the elements created for this site are the exclusive property of the seller, who grants no license or any right other than to consult the site. The reproduction of any page or content of this site is subject to prior written authorization from the seller.
The reproduction of any documents published on the site is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
It is also forbidden to copy, modify, create a derivative work, invert the design or assembly or in any other way or attempt to find the source code (except as provided by law), sell, assign , sublicense or otherwise transfer any rights in the software.
It is also forbidden to modify the software or to use modified versions of the software and in particular (without this enumeration being restrictive) to obtain unauthorized access to the service and to access the site by other means than through the interface provided to you by the seller for this purpose.
The site and any software used in connection with it may contain confidential information protected by the intellectual property right in force or any other law.
The customer who has a website in his personal capacity and who wishes to place, for personal use, on his site a simple link directly to the seller's website, must compulsorily ask for the prior written authorization of the seller.
In any case, any unauthorized link must be removed upon request of the seller.
Article 15. – Duration
These conditions apply throughout the duration of online services offered by the seller.
Article 16. – General Provisions
16.1 - Completeness of the contract
The parties acknowledge that this Agreement constitutes the entire agreement between them and supersedes any prior offer, provision or agreement, whether written or oral.
These conditions have been drafted in French and in English, but only the French text is authentic. English text is for informational purposes only.
16.2 - Amendment of the contract
No subsequent document, any modification of the contract in any form will be effective between the parties without taking the form of an amendment duly dated and signed by them.
16.3 - Nullity
If any of the stipulations of the present contract proved null according to a rule of law in force or of a judicial decision become definitive, it would be considered as unwritten, without causing the nullity of the contract nor to alter the validity its other provisions.
16.4 - Domiciliation
The parties elect domicile at the addresses indicated on the purchase order (billing address) for the customer and the address on the site for the seller.
16.5 - Applicable and different fees
In case of dispute, the customer must first contact customer service by email (email@example.com) or postal (AVB SARL - 22, rue de l'arcade 75008 Paris).
The client and the seller remain free to accept or refuse the settlement of a dispute through mediation and to accept or reject the solution proposed by the mediator.
In the absence of an amicable agreement, the court competent to resolve the dispute is the defendant's place of residence or the place of actual delivery of the product.
These General Terms and Conditions of Sale are subject to French law.
The court of competent jurisdiction in case of dispute shall be that of the place of residence of the defendant, or, at the option of the defendant, the place of actual delivery of the product.
(Please complete and return this form only if you wish to withdraw from the contract).
To send by email to: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the property (s) below
- Product name:
- Ordered on:
- Received on:
- Last name and first name: