ARTICLE 1 - Application of the Conditions
These General Conditions of Sale (hereinafter the "GTC") apply as of right to sales concluded between, on the one hand, any adult individual residing in the territory defined in Article 5 of the GTC (hereinafter the "Customer"), making a purchase through the online sales site www.aulp.fr (hereinafter the "Website") and, on the other hand, the company AMATEIS, registered with the RCS of Annecy under the N ° ... (intra-community VAT number: ...) and whose registered office is located at 18 rue des Prés Riants, 74150 Rumilly, France (hereinafter “AMATEIS”).
AMATEIS reserves the right to modify its T & Cs at any time. In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to date can be given to the Customer at his request. The T & Cs can be viewed at any time from a link on the home page of the Website.
Website legal notices:
Publisher: AMATEIS, a company registered in the R.C.S. of Annecy under the number ... (intra-community VAT number: ...) and whose head office is located at 18 rue des Prés Riants, 74150 Rumilly, France.
Director of publication: M. Philippe Simond in his capacity as Chairman and CEO of AMATEIS.
Customer Service telephone: 04 50 64 09 88 (price of a local call). Email address: firstname.lastname@example.org
ARTICLE 2 - Products
The product offers offered on the Website are governed by the GTC. They are valid as long as the products (hereinafter the “Products”) appear in the electronic catalog and within the limits of available stocks.
In case of unavailability of the ordered Product, AMATEIS immediately informs the Customer and can offer him a product of equivalent quality and price. In the event of the Customer's refusal, AMATEIS will reimburse the sums paid within fourteen (14) days. Apart from reimbursement of the price of the unavailable Product, AMATEIS is not liable for any cancellation compensation.
The Products are each the subject of a description mentioning their essential characteristics within the meaning of Article L.111-1 of the Consumer Code. However, there may be minor differences between the photos, texts and drawings associated with the Products presented with the final Product delivered to the Customer.
ARTICLE 3 - Order
Any order placed on the Website constitutes acceptance of the GTC.
As a preliminary point, it should be specified that any order on the Website implies a payment obligation for the Customer.
The Customer who wishes to place an order must follow the following procedure
Product choice: The Customer selects the Product he wishes to order
Checking the content of the selection: The Customer checks the content of his basket while retaining the possibility of deleting the selected Products;
Identification: The Customer fills in the identification form made available to him and indicates the information requested (mandatory information: name, first name, e-mail, password);
Verification of the order: The Customer checks the content of his order, the total price of the Products, the delivery and billing addresses while retaining the possibility of deleting a Product or changing the billing and delivery address. An address is defined by the address, postal code, city, country and telephone fields.
Choice of delivery methods: The Customer has the option of choosing between
delivery by Colissimo followed to the address to be indicated by the Customer (France);
delivery to a parcel relay point (France);
express delivery. The amount of this delivery is specified before validation. (France)
The amount of delivery costs is specified before the order is validated.
Choice of payment method: The Customer chooses the payment method (as defined in article 4);
Order confirmation: The Customer confirms his order by accepting the T & Cs via the corresponding checkbox and clicking on the "Pay my order" button.
Return to the CIC Monetico website for secure payment (SSL): The Customer indicates the bank details required for payment and corresponding to the chosen payment method. The validation of the order becomes final only after making the payment. His account will be debited within six (6) days following the order;
Acknowledgment of receipt of the order: The Customer receives an e-mail summarizing the content of his order, namely;
the number of his order;
the bank transaction number;
the list of Products ordered;
the price of the Products ordered;
terms and delivery time;
the email address and telephone number of the website customer service
This document being the official proof of the order, the Customer must keep it, in particular in order to be able to exercise his right of withdrawal.
Order processing: the order is then recorded and processed by AMATEIS which checks the availability of the Product (s) ordered;
AMATEIS undertakes to honor orders received on its website. AMATEIS will contact the Customer by e-mail as soon as possible, in order to notify in the event of cancellation and refund of the order.
Confirmation of dispatch of the order: The Customer will receive an e-mail confirming the dispatch of his order.
Archiving methods: The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract. AMATEIS will archive the order for a period of ten (10) years if the sum exceeds one hundred and twenty (120) euros and will allow the Customer to access it at any time
ARTICLE 4 - Price
Terms of payment and security - retention of title clause
The Products are invoiced on the basis of the prices displayed on the Website at the time of validation of the order by the Customer. All prices are indicated in euros, including VAT (including tax), excluding preparation and delivery costs, as defined in Article 5 below.
Any delivery costs, as recalled below in Article 5 of the GTC, will be mentioned in the "basket" before the order is confirmed.
Payment can be made by credit card (Visa, CB, Mastercard, American Express, Maestro) or by PayPal. For bank cards, payment is made via the secure payment platform of the CIC. For payment by Paypal, the Customer must enter his username and password for his Paypal account.
The order is recorded and validated upon acceptance of payment by the banking service.
The details of the bank card used are encrypted using SSL (Secure Socket Layer) and never pass unencrypted over the network. Payment is made directly to the bank. AMATEIS has no access to these details and does not keep them on its servers.
Title retention clause
The products remain the property of AMATEIS until full collection of the price by AMATEIS. However, from the delivery, the risks of the delivered goods are transferred to the Customer.
Default of payment
AMATEIS reserves the right to refuse to make a delivery or to honor an order from a Customer with whom a payment dispute is being administered.
In order to ensure the security of transactions and meet the concern of the greatest number of people to prevent fraud in distance selling, AMATEIS carries out checks on the orders that have been validated on the Website. These controls aim to protect AMATEIS from abusive practices in distance payments. As part of these control procedures, AMATEIS may be required to ask the Customer to send the documents necessary to release his order: proof of identity, address, debit in his name, etc. However, no data relating to the Customer's credit card will be requested.
The aim is to ensure the reality of the identity and domicile of the Customer.
These requests are made by email and the Customer must send AMATEIS by email these supporting documents for the delivery of his order. In the absence of proof or if the documents sent do not make it possible to ensure the identity of the author of the order and the reality of the direct debit, AMATEIS may cancel the order to guarantee the safety of online transactions.
ARTICLE 5 - Terms of delivery
Products purchased on the Website are delivered only to the following countries: Metropolitan France, Corsica, Monaco, Belgium, Netherlands, Luxembourg, Germany, Austria, United Kingdom, Ireland, Spain, Italy, Slovakia and Slovenia.
Terms of delivery
Several delivery methods are available:
delivery via relay point to the address chosen by the Customer from the list proposed by AMATEIS (France);
delivery via Colissimo followed to the delivery address indicated by the Customer during the ordering process (France);
The Customer can also choose between express delivery via Chronopost (France).
Shipping costs may vary depending on the country where the delivery takes place and depending on the delivery method chosen
Delivery times depend on the choice of delivery method made by the Customer when ordering:
for express delivery, the delivery time is one working day from the date of the order if the order was placed before 1 p.m. Otherwise, the delivery time is two (2) working days.
for all other delivery methods, the delivery time is six (6) working days maximum.
AMATEIS undertakes to respect the delivery times indicated, in accordance with Article L. 216-1 of the Consumer Code.
Also, in accordance with the provisions of Article L. 216-2 of the Consumer Code, in the absence of delivery within the aforementioned deadlines, the Customer may terminate the contract, by registered letter with request for acknowledgment of receipt or by writing on another durable medium, if, after having ordered, under the same terms and conditions, AMATEIS to make the delivery within a reasonable additional period, the latter has not performed within this period. The sums which have been withdrawn from him will be reimbursed.
Difficulties related to delivery
In the event of the Customer's absence at the time of delivery, in the context of home delivery, the delivery person will leave a calling card in the Customer's letterbox. The latter must then come and collect it at the address specified on the calling card (post office).
In the event of an incomplete address, wrong address, refusal of the package by the Customer or lack of information resulting in the impossibility of delivering the Product to the Customer on time, AMATEIS cannot be held responsible for the final quality. of this delivery. If this lack of information results in a second presentation to the Customer, AMATEIS will be entitled to ask the Customer for the costs corresponding to this second delivery.
Receipt of order
Upon receipt of the order, the Customer will check the conformity of the Products received in execution of his order. Any anomaly concerning the delivery (namely: missing or damaged products, damaged packages) must be notified within fourteen (14) days of receipt of the Products to AMATEIS customer service.
By email to the following address: email@example.com
Unless the right of withdrawal is exercised under the conditions defined in article 6 of the general terms and conditions or request based on the legal guarantees defined in article 7 of the general terms and conditions, any claim made beyond fourteen (14) days following receipt of the products will be considered inadmissible and AMATEIS cannot be held liable. AMATEIS reserves the right to ask the customer to return the non-compliant or damaged product.
ARTICLE 6 - Right of withdrawal and return
Right of withdrawal guaranteed by the Consumer Code
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or email) 18 rue des Prés Riants, 74150 Rumilly or by phone at 04 50 64 09 88 or by email at firstname.lastname@example.org.
You can use the model withdrawal form located at the bottom of this page in Annex 2, but it is not mandatory.
Subject to compliance with the conditions indicated below, AMATEIS will reimburse the Customer residing in France for the total amount of the ordered Products returned including the delivery costs paid when ordering. AMATEIS may defer reimbursement until the date of recovery of the Products or proof of dispatch of the latter by the Customer. The repayment date used is that of the first of these facts. The reimbursement is made using the same means of payment used by the Customer.
AMATEIS is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by AMATEIS.
Extension of the legal withdrawal period by AMATEIS
As part of its commercial policy, AMATEIS has chosen to extend the legal period of fourteen (14) days mentioned above for an additional period of sixteen (16) days.
Consequently, the Customer has a period of thirty (30) calendar days from the date of receipt of his order to inform AMATEIS that he is exercising his right of withdrawal.
In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. You must return or return the goods, to AULP, to the address indicated by customer service, without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract to us. This deadline is deemed to have been met if you return the goods before the expiration of the sixteen-day period.
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, if applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than sixteen days from the day we are informed of your decision to withdraw from this contract. We will refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this reimbursement will not incur costs for you. We may withhold reimbursement until we have received the item or until you have provided proof of shipment of the item, whichever is the earlier.
You are only liable for the depreciation of the property resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this property.
ARTICLE 7 - Legal guarantees
The Products sold by AMATEIS benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-12 of the Consumer Code and the legal guarantee against hidden defects in the item sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code, provided that it was used normally and that the maintenance advice has been followed by the Customer.
These articles are reproduced in Appendix 1 below in accordance with the provisions of Article L. 217-15 of the Consumer Code.
7.1 legal guarantee of conformity
In accordance with Articles L. 217-1 et seq. Of the Consumer Code, AMATEIS guarantees the conformity of the Products sold.
When implementing the legal guarantee of conformity, the Customer:
has a period of two (2) years from the delivery of the goods to act;
can choose between repair or replacement of the good, provided that this choice does not entail a manifestly disproportionate cost for AMATEIS with regard to the other modality, taking into account the value of the good or the importance of the defect. In this case, AMATEIS will be required to proceed, unless this is impossible, according to the method not chosen by the Customer. The Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the new Product and the six (6) months following the delivery of a used Product. . Beyond this six (6) month period for used Products, the Customer must provide proof that the good is not fit for the use usually expected of a similar good or that it does not present not the characteristics defined by mutual agreement by the parties.
This legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The Products sold benefit from legal guarantees provided that their use has been normal and that the maintenance advice has been followed.
This warranty does not cover damage resulting from misuse of the Product or normal wear and tear due to its use. To be able to benefit from the warranty of the Products, it is imperative to keep the purchase invoice of the Product as well as the delivery slip.
For all Product returns and after-sales service, the return procedure must be requested by the Customer via his customer account in the “My orders” section, then by making a “Return request”.
7.2 warranty against hidden defects
The Customer may also decide to implement the legal guarantee against hidden defects in the Product sold within the meaning of article 1642 of the Civil Code, arising from a design or production defect in the Product and rendering it unfit for use. for which it was intended, to the exclusion of any negligence or fault of the Customer. The latter can then choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 8. Intellectual property
All documents, text, graphics, images, photographs or any other content published on the Website are the exclusive property of AMATEIS and are reserved for the use of AMATEIS. Consequently, they cannot be reproduced, exploited or used for any purpose whatsoever.
ARTICLE 9 - Customer service
You can contact Customer Service free of charge by e-mail or by phone for any question relating to the order, its shipping and its follow-up:
By phone: Internet Customer Service: 04 50 64 09 88 (price of a local call)
Monday to Friday 9 a.m. to 5 p.m.
By e-mail to email@example.com
ARTICLE 10 - Liability
AMATEIS cannot be held liable for any events, inconvenience or damage inherent in the use of the Internet network, in particular in the event of service disruption, external intrusion or the presence of computer viruses.
Furthermore, AMATEIS cannot be held responsible for the non-performance of the contract concluded in the event of a fortuitous situation, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and / or communications, of flood, fire. AMATEIS will not incur any responsibility for any indirect damages as a result of the present, operating loss, loss of profit, damages or costs, which could occur.
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APPENDIX 1 - RELATING TO LEGAL GUARANTEES
Article L. 217-4 of the Consumer Code: “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility”.
Article L. 217-5 of the Consumer Code: "The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
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 attention of the seller and which the latter has accepted”.
Article L. 217-12 of the Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the goods".
Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a discount in the condition covered by the warranty, any downtime 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 the provision for repair of the item in question, if this provision is subsequent to the request for intervention”.
Article 1641 of the Civil Code: "The seller is bound by the guarantee for the hidden defects of the item sold which make it unfit for the use for which it is intended, or which so reduce this use, that the buyer would not have acquired it, or would have given a lower 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 purchaser within a period of two years from the discovery of the defect".
APPENDIX 2 - STANDARD WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of AMATEIS, 18 rue des Prés Riants, 74150 Rumilly, France, phone: 04 50 64 09 88, email address: firstname.lastname@example.org
I / we (*) hereby notify / notify you (*) of my / our (*) withdrawal from the contract for the sale of the following goods / or goods (*) below (*):
Ordered on (*) / received on (*):
Name of Client (s):
Address of the Client (s):
Signature of the Client (s) (only in the event of notification of this form on paper):
(*) Cross out the unnecessary mention.