PREAMBLE
The following conditions are concluded between, on the one hand, the AIGREDOUX company (hereinafter referred to as "AIGREDOUX" or "Seller"), and secondly, people (hereinafter "the User ") wishing to make a purchase via the website AIGREDOUX: www.aigredoux-shop.com (hereinafter "Website") for their personal needs.
These conditions apply exclusively to non-commercial individuals.
The parties agree that their relations will be governed exclusively by this contract, excluding any conditions previously available on the site, and in addition, by the procedures in force in the remote sales sector whose companies have seat in France.
OBJECT
These conditions aim to define the terms of sale between the AIGREDOUX and the user, from order to customer service, through to payment and delivery. They regulate all the steps necessary for placing the order and keeping track of the order between the contracting parties.
1. ORDER
The user has the possibility to place an order online from the Website. The order can be registered on this Site only if the user has clearly identified by entering their code and password that are strictly personal.
Any order implies acceptance of prices and descriptions of products available for sale.
AIGREDOUX is committed to fulfilling orders received on the WEbsite only within the limits of available stocks of products. If there is a lack of availability of the product ordered, AIGREDOUX will endeavour to inform the user and to propose an alternative product when it becomes available. If the User does not accept this, it may terminate the order by notifying AIGREDOUX in writing within 48 hours after the substitution proposal.
Regarding the control of procurement procedures, the user must follow the procedure on the Website: www.aigredoux-shop.com
2. DELIVERY
The user has the choice to be delivered:
- Personal residence
- Or another particular address other than billing address, which should be indicated in writing on the order form on the Website.
The delivery time is usually within 3 weeks.
If the user is not at the delivery address, the User will be notified of the delivery attempts and should attempt to coordinate redelivery with the courier as soon as possible to avoid the parcel being returned. If a new delivery would be necessary, it would be at the User's expense.
In the case of any false statements, any additional costs of delivery will be the responsibility of the User.
3. THE PAYMENT
The User must pay by bank transfer, credit card or PayPal, when placing the order.
The payment process is secured by an SSL certificate.
THE RATES
Prices are in euros and all local taxes included. They take into account the VAT applicable on the date of order. These prices are excluding the costs of packaging and postage. Prices also exclude any import, customs, duty, or other costs associated with the User receiving the order.
Any change in the VAT rate will be reflected in the price including VAT of products. Similarly, if one or more taxes or contributions, including environmental had to be created or modified, up as down, this change will be reflected in the selling price of products on the Website. However, the prices cannot be changed once the order has been processed.
AIGREDOUX the Company cannot access the customer's bank details.
The Terms and Conditions have been updated on June 12, 2016. This edition applies to all orders placed during its publication on the website; it supersedes any earlier version.
4. GUARANTEES
Defective products are subject to the legal guarantee of conformity referred to L211-4 and following of the Consumer Code.
AIGREDOUX as seller is also required to the legal guarantee against hidden defects of the thing provided by the Article 1641 of the Civil Code.
The provisions thus referred to are the following:
• Article L211-4 Consumer Code.
"The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. "
• Article L211-5 of the Consumer Code.
"To comply with the contract, the product must:
1º Be suitable for the purpose usually associated with such a product and, if applicable:
- Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. "
• Article 1641 of the Civil Code.
"The seller must guarantee in respect of hidden defects of the item sold which renders it unfit for the use for which it was intended, or that diminishes the use to the extent that the buyer would not have acquired it, or to have paid a lower price if he had known.
The legal guarantee of conformity applies independently of any commercial guarantee contractual.
Users can implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, he can choose between the cancellation of the sale or reduction of the selling price in accordance with Article 1644 of the civil Code.
5. THE LEGAL RIGHT OF WITHDRAWAL
5.1 Exercise of the right of withdrawal
To order unless excluded under section 5.3, the User has the right to withdraw without giving any reason within the legal conditions (Article L121-21 and following of the Consumer Code).
The withdrawal period shall expire 14 days after the day the User, or a third party other than the carrier and indicated by you, taking possession of the final product described in the order.
To exercise the right of withdrawal, the User must notify its decision to withdraw by an unequivocal statement (eg, letter sent by fax or email).
In order for the withdrawal period is complied with, it is sufficient that the User shall notify its decision to exercise the right of withdrawal before the expiration of the withdrawal period.
5.2 Effects of withdrawal
In case of withdrawal of the order User, AIGREDOUX will reimburse payments received from the buyer, including the initial delivery (excluding additional costs arising from the fact that the user has chosen, if appropriate delivery method and other more expensive than the standard delivery method proposed by AIGREDOUX) without undue delay, and in any event no later than 14 days from the day when the User has notified AIGREDOUX of his decision to exercise his right of withdrawal.
AIGREDOUX will refund using the same means of payment used by the User, unless the parties expressly agree in a different way. In any event, this reimbursement should not incur any fees for the User. However, the return postage (from the User to AIGREDOUX) of the products remain at the User's expense.
AIGREDOUX may withhold the reimbursement until it has received the products or until the User has provided evidence of the return of the product, whichever is the earliest of these facts.
The User shall indeed return the products to AIGREDOUX without undue delay and in any event no later than 14 days after the user has notified his decision to withdraw. This deadline is met if the user returns the product before the expiry of 14 days. It is recalled that the user must bear the direct costs relating to the reference product. These costs are estimated at a maximum amount of € 30 (standard package according to the standards of La Poste by Article from metropolitan France).
Finally, it is recalled that pursuant to Article L121-21-8 of the Consumer Code, this right of withdrawal does not apply:
- Products made to specifications requested by the user or clearly personalized: (for example, customized products from the Configurator). These customized products therefore can neither be exchanged nor returned nor reimbursed;
- And for obvious reasons of hygiene products that have already been used or not returned in their original packaging or not in sellable condition.
5.3 Exclusion of right of withdrawal
According to Article L121-21-8 of the Consumer Code, the right of withdrawal is excluded in cases where products have been opened by the user and cannot be returned for hygiene reasons or protection of the health. No returns will be accepted in this case.
6. SIGNATURE AND PROOF
Any User that does not hold a customer account must follow a registration procedure allowing him to obtain his customer number.
This account is personal. Any loss or forgetfulness should be reported to AIGREDOUX promptly by contacting Customer Service on the Website or by writing AIGREDOUX (address on Website) or by calling 02.28.11.01.01.
In all cases, the online provision of the credit card number and the final validation of the order shall be satisfactory evidence of the said order in accordance with the law of 13 March 2000 and will be worth payment of amounts incurred by the seizure of the products listed on the order form.
This validation is worth signature and express acceptance of all operations at the site.
7. LIABILITY
AIGREDOUX is responsible fo all order taking steps as well as the steps after concluding the contract.
In addition, AIGREDOUX will not be liable if the breach of its obligations are be due to the unpredictable and insurmountable third party involvement, or to a case of force majeure as defined by the French law, or even to an external cause such as an intervention of civil or military authorities, riots, natural disasters, network interruptions, or public services. Social conflicts and fires will be considered unpredictable and insurmountable events absolving responsibility for AIGREDOUX.
Similarly, AIGREDOUX cannot be held liable for any inconvenience or damage arising from the use of the Internet, including a break-in service, external intrusion or presence of computer viruses.
8. PERSONAL DATA
AIGREDOUX reserves the right to collect data on the User, including the use of cookies.
AIGREDOUX undertakes not to transmit the identity and contact details of users to third parties.
According to the law of 6 January 1978, the User has a right to access and correct data by mail by writing to the: AIGREDOUX - 2 rue des Barrons - ZA Clousis - 85160 SAINT JEAN DE MONTS - LA FRANCE. AIGREDOUX implements all reasonable means to ensure the confidentiality and security of data transmitted over the web. As such, the website uses a secure payment SSL (Secure Socket Layer).
9. FRAUD PREVENTION
AIGREDOUX may have to ask for the disclosure of certain documents (eg. Copy of your ID, proof of address). AIGREDOUX will not be able to proceed with the shipment of your order until you have sent the requested documents. Documents you send will be retained for a period of 13 months. After this period, the documents are systematically destroyed.
Note: The shipping of the order depends on the period within which the User provides the requested documents. It is therefore possible that the order is delivered after the specified time.
AIGREDOUX cannot be held responsible in case of delayed delivery or cancelled in the event that the User refuses to disclose the requested documents.
ANTI FRAUD SYSTEM CB
So that protect against Internet fraud, AIGREDOUX has implemented the following measures:
- Register User’s IP address, and the exact dates and hours of the transaction. This uniquely and positively identifies the User and the relevant contractual agreement. Of course, if the User has no intention of embezzlement, it will remain confidential.
- Any attempt of fraud for any amount whatsoever and irrespective of origin, will be subject to criminal prosecution (filing complaint in the hands of the Prosecutor of the Republic of the Court of La Roche sur Yon). The full data collected about you will then be forwarded to the Prosecutor for investigation.
Recalling the terms of Article 313-1 of the Penal Code:
"The scam is the fact, or by the use of a false name or false status or by the abuse of a true quality, or by the use of fraudulent, misleading an individual or entity and thus determine, to his prejudice or to the prejudice of a third party, to transfer funds, securities or any property, to provide a service or to consent to an act or discharge requirement.
Fraud is punishable by up to five years imprisonment and up to a 375,000 euros fine."
10. INTELLECTUAL PROPERTY
All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of AIGREDOUX. No implicit affiliation agreement may be claimed in any way by a User or third party, which are prohibited from use other than to conclude a contract of sale hereunder. Any use in contravention of this clause shall cease immediately and will result in the allocation to AIGREDOUX for damages.
11. ENTIRE
In the event that any provision of this contract is null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and enforceability of these terms and conditions sale.
The sales contract resulting from these conditions of sale and the order placed by the User may not be changed without a written agreement signed by both parties.
12. TERM
These conditions apply throughout the line-up of the services offered by AIGREDOUX until publication of the next version, if any.
13. PROOF
The records, and more generally, all the pieces of information stored on computer systems by AIGREDOUX and its partners under reasonable security conditions, will be considered proof of communications, orders and payments between the parties. They will therefore have probative value, especially in the case of dispute.
14. STORAGE AND FILING OF TRANSACTIONS
The filing of purchase orders and invoices is made on a reliable and sustainable manner to correspond to a faithful and durable copy pursuant to section 1348 of the Civil Code.
15. LANGUAGE
These General Terms and sales contracts are in French and translated into English.
16. JURISDICTION
The parties elect domicile at the address on the order form for the User, and headquarters for AIGREDOUX.
17. APPLICABLE LAW AND JURISDICTION
Any litigation can be done to our customer service and, failing a settlement, it will be the responsibility of only the Commercial Court of La Roche sur Yon (85 Vendée). However, AIGREDOUX reserves the right to assign the Customer before the court in the jurisdiction its residence or office.