TERMS OF SALES
These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by an Internet user / natural person (hereinafter the “CUSTOMER”) on the website https: //www.auboisenchante. com (hereinafter the "SITE") from Au Bois Enchanté , self-employed person registered in the Vichy trade and companies register
under number 48257175900018, with its registered office in Les poulangeons - 03150 St Gérand le Puy,
France Phone: 04.70.43.79.68,
email: firstname.lastname@example.org (hereinafter the “SELLER”).
Any order placed on the SITE necessarily implies the unconditional acceptance of the CLIENT of these general conditions of sale.
Article 1. Definitions
- "CUSTOMER" : refers to the SELLER's co-contractor, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
- "DELIVERY" : refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.
- "PRODUCTS" : refers to all the products available on the SITE.
- “TERRITORY” : refers to Metropolitan FRANCE (excluding DOM / TOM).
Article 2. Purpose
The CUSTOMER is clearly informed and recognizes that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from distinct contractual conditions.
Article 3. Acceptance of general conditions
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
The CUSTOMER will be asked to provide information enabling him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields which must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by e-mail, at email@example.com, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS as he wishes to his basket.
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the content of his order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, an online form automatically completed and summarizing the price, applicable taxes and, where applicable, the costs of delivery.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CUSTOMER must then specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original of the invoice upon DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the SITE do not start to run until this date.
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport).
The prices include in particular the value added tax (VAT) at the rate in force on the date of the order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again,
Either proceed with a partial shipment of the PRODUCTS available at first, then to the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
Article 7. Payment
The CUSTOMER can pay for his PRODUCTS online on the SITE according to the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
As such, it is specified that all payment information provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS order is placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage of the PRODUCTS subject to the reservation. property, as well as the risk of damage they may cause.
Article 10. Delivery
Article 11. Packaging
Article 12. Guarantees
Article L.211-5 of the Consumer Code : To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good 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;
- present 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 have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The SELLER is required to deliver a compliant PRODUCT, that is to say suitable for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER is liable to respond to any lack of conformity existing at the time of delivery and any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him or was carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his option. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Les poulangeons - 03150 St Gérand le Puy.
Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following delivery of the goods.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if applicable, on the PRODUCTS.
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have acquired it, or would not have given it. than a lower price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Les poulangeons - 03150 St Gérand le Puy. The action resulting from crippling defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Article 13. Liability
The SELLER cannot be held responsible, or considered to have failed in the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by case law. French courts and tribunals.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.
Article 14. Personal data
The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, offers. promotional and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data are kept confidentially by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of his CUSTOMERS to his business partners, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time on the SITE or by contacting the SELLER.
The SELLER can also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete of his personal data. He can exercise this right by sending an email to the address: firstname.lastname@example.org or by sending a letter to Les poulangeons - 03150 St Gérand le Puy.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Article 15. Complaints
Any written complaint from the CLIENT must be sent to the following address: Les poulangeons - 03150 St Gérand le Puy.
Article 16. Intellectual property
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector, for companies headquartered in France.
Article 18. Modification of the General Conditions
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
The modifications made to the General Conditions will not apply to the PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to the arbitral or state judge, priority will be given to negotiating in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to come to an agreement, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its end, the parties refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. As an exception, the parties are authorized to seize the court of summary proceedings or to request the pronouncement of an order on request. A possible action before the court of summary proceedings or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.
ANNEX 1 WITHDRAWAL POLICY
The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself. All personalized products will not be exchanged or taken back.
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CLIENT must notify his decision to withdraw from this contract by means of an unambiguous declaration to: Les poulangeons - 03150 St Gérand le Puy or email@example.com.
He can also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal from the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs without excessive delay and, in any event, no later than fourteen (14) days from from the day on which the SELLER is informed of the CLIENT's desire to withdraw.
The SELLER will proceed with the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees on a different means, in any event, this refund will not incur any costs. to the customer.
The SELLER may defer the reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
The CUSTOMER must, without undue delay and, in any event, at the latest fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: Les poulangeons - 03150 St Gérand le Puy.
This period is deemed to have been met if the CUSTOMER returns the goods before the expiration of the fourteen day period.
The CUSTOMER must bear the direct costs of returning the goods.
Condition of the returned item
The PRODUCT must be returned following the SELLER's instructions and include in particular all the accessories delivered.
All personalized products will not be exchanged or taken back.
The responsibility of the CUSTOMER is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his responsibility could be engaged if he carries out manipulations other than those which are necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER's specifications or clearly personalized
- Supply of goods liable to deteriorate or expire rapidly
- Provision of sealed audio or video recordings or software which have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of execution
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the real value of which depends on fluctuations in the market beyond the control of the SELLER
- Supply of digital content not supplied dematerialized if the execution has started with the express prior consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
- contracts concluded during a public auction
The PRODUCTS offered can be delivered in Europe and outside Europe.
The PRODUCTS are shipped to the delivery address (es) that the CUSTOMER will have indicated during the ordering process.
The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are understood to be excluding weekends or holidays.
An electronic message will be automatically sent to the CUSTOMER when the PRODUCTS are shipped, provided that the email address appearing in the registration form is correct.
Delivery times & costs
From 250 € of order excluding shipping costs, delivery will be free. The order will be shipped by Mondial Relais.
During the ordering process, the SELLER indicates to the CUSTOMER the possible shipping times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
Terms of DELIVERY
The CUSTOMER has the choice between 3 delivery methods:
The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and in the event of non-delivery within this period, he may terminate the contract.
The SELLER will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same method of payment as that used by the CUSTOMER to purchase products.
The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed during delivery.