These general terms and conditions of sale are intended to define the rights and obligations of ANAVA PARIS and the Customer of products presented by ANAVA PARIS on its website www.anavaparis.com (hereinafter "the Site").
They apply exclusively between the company ANAVA PARIS, 1 rue du heaume, 95640 Neuilly-en-Vexin, Siret: 879 707 180 00011 (hereinafter "ANAVA PARIS") and any individual consumer visiting or making a purchase via the said Site (hereinafter "the Customer").
1.1. The Site, ANAVA PARIS allows the Customer to order ANAVA PARIS brand products online (hereinafter "the Product(s)") in accordance with these terms and conditions.
1.2 Any order placed with ANAVA PARIS therefore implies the Customer's unreserved acceptance of these terms and conditions. These terms and conditions may be modified at any time and without prior notice by ANAVA PARIS, the applicable terms and conditions being those in force on the date of the order by the Customer.
II. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the ANAVA PARIS website and are accompanied by a description.
2.2. The Products offered by ANAVA PARIS comply with the standards applicable in France. Items such as photographs, texts, graphics and all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges. Consequently, ANAVA PARIS shall not be held liable in the event of an error or omission in any of these elements or in the event of modification of said elements by the suppliers and/or publishers.
III. OBLIGATIONS OF THE CLIENT
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the Site.
3.2. The Customer undertakes to provide ANAVA PARIS with the actual information required to carry out the service that is the subject of these terms and conditions as requested online and according to his/her situation, in particular his/her surname, first name, address, telephone number and valid e-mail. The Client is responsible for the consequences resulting from false or inaccurate information transmitted or whose use would be illicit.
3.3. Once the order has been placed, ANAVA PARIS will send the Customer an e-mail confirming the order. It shall inform the Customer of the dispatch of the Products.
3.4. The Customer may modify his or her data in the "my account" section.
4.1. Any order will be validated only after acceptance of the payment.
4.2. ANAVA PARIS reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order or if ANAVA PARIS reasonably believes that the Customer has violated these General Terms and Conditions or has engaged in fraudulent activity, or for any other legitimate reason.
4.3. ANAVA PARIS may accept orders within the limits of available stocks. The Customer is informed of the availability of the Products sold on the Site at the time of order confirmation.
If, despite the vigilance of ANAVA PARIS, the Products are unavailable, ANAVA PARIS will inform the Customer by e-mail as soon as possible. The Customer will then be able to choose another product or cancel his or her order and be reimbursed, where applicable, for any sums already paid.
ANAVA PARIS shall not be held liable in any way for the permanent or temporary unavailability of a product, nor shall it give rise to any right to compensation or damages in favour of the Customer.
4.4. After validation and payment of the order, a summary of your order will be sent to you by e-mail. The acknowledgement of receipt will show the total amount of the order, the information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the Products purchased.
The Customer formally accepts the use of e-mail for the confirmation by ANAVA PARIS of the content of the order.
We advise you to keep this acknowledgement of receipt on a paper or electronic medium.
4.5. Pursuant to Article L. 134-2 of the French Consumer Code, when an order is for an amount equal to or greater than 120 Euros, ANAVA PARIS shall keep the written record of the contract concluded between ANAVA PARIS and a Customer by electronic means for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years thereafter (in accordance with Decree 2005-137 of February 16, 2005). You can then access this document at any time, upon request to the Customer Service by sending us an email at firstname.lastname@example.org; and the proof of your identity.
5.1. Les prix affichés sur le Site sont indiqués en euros toutes taxes françaises comprises (TVA française et autres taxes éventuellement applicables), hors frais de port, participation aux frais de traitement de commande et frais d'emballage. Les frais de port, participation aux frais de traitement de commande et frais d’emballage seront indiqués dans le panier du Client, avant la validation définitive de la commande.
Concernant les ventes réalisées hors Union-Européenne, le dédouanement, le paiement de droits ou taxes divers sont à la charge exclusive du Client.
5.2. Les prix peuvent êtres modifiés à tout moment, sans préavis et notamment en cas de changement de données fiscales ou économiques. Les articles seront facturés sur la base des tarifs en vigueur au moment de l'enregistrement de la commande.
5.3. Toutes les commandes doivent être réglées immédiatement au moment de la passation de votre commande. En cas d'indisponibilité de certains Produits commandés, seuls le prix et les frais de transport relatifs aux Produits disponibles seront débités.
6.1. The totality of the payment must be realized at the time of the order. At no time can the sums paid be considered as deposits or down payments. The Customer shall pay for his order by credit card (Visa, Eurocard/Mastercard), with his Paypal account or by bank transfer, in accordance with the provisions of this article.
ANAVA PARIS does not accept payment by check. The customer must use the other means of payment offered.
6.2. For any transaction, the Customer shall indicate the number appearing on the front of his/her card, the expiry date of his/her card and the cryptogram appearing on the back of his/her card (last three digits). The communication of the Customer's credit card number by the Customer constitutes authorization for ANAVA PARIS to debit the Customer's account for the amount of the order.
Any order placed on the Site implies that the Customer guarantees that he/she has all the necessary authorizations to use the means of payment made available on the Site.
Your order will be shipped only after verification of your payment method and receipt of authorization to debit your card.
6.3. No cash on delivery will be accepted, whatever the reason. ANAVA PARIS retains ownership of the item until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by ANAVA PARIS are 100% secure. For payments by credit card (credit card, Visa card and e-Card), all the information that Customers communicate to ANAVA PARIS is strictly protected and guarantees the compliance and security of each transaction.
VII. RESERVATION OF OWNERSHIP
7.1. The Products ordered remain the property of ANAVA PARIS until full payment has been received by ANAVA PARIS.
7.2. On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated at the time of the order.
8.1. Delivery Area
Delivery means the physical handover of the Product to the Customer (the "Delivery").
The Products purchased on the Site can be delivered in France and abroad.
The Products are shipped with the delivery note, to the delivery address indicated by the Customer when ordering. For security reasons, delivery cannot be made to hotels or post office boxes.
The Products are shipped to the delivery address that you indicated during the ordering process. In the event of an error in the Customer's contact details, ANAVA PARIS shall not be held responsible for the impossibility of delivering the Product(s) ordered.
8.2. Transport costs
When entering the order on the Site, the Customer must choose the delivery method and the place of delivery.
The amount of the delivery costs varies according to the destination and the chosen delivery method.
8.3. Delivery times
The delivery times indicated on the site are indicative times, corresponding to the average times of treatment and delivery. In order for these deadlines to be respected, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
For any order placed on the Site, ANAVA PARIS undertakes to prepare the Customer's order within 24 to 72 hours (excluding weekends and public holidays) and within a maximum of 10 working days during busy periods (e.g. Christmas, Easter, sales, etc.), it being specified that these deadlines only run from the time your order is validated by our Customer Service.
When ANAVA PARIS is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of delivery.
ANAVA PARIS shall not be held responsible for any delay in delivery that is not due to its fault or justified by a case of force majeure.
8.4. Delivery problems
Any defect or delay in Delivery, in excess of the delivery times mentioned in Article 8.3, must be reported to our Customer Service as soon as possible by sending us an email to email@example.com
Any complaint formulated beyond fourteen (14) calendar days after the date of validation of your order could not be taken into account.
In case of deterioration of the product, the customer must
- Refuse the package which will be returned directly to the sender
- Make reservations upon receipt of the damaged package
- Make a claim on the carrier's website
Without any reserve from the recipient, the carrier is not obliged to compensate. The claim of the recipient will enrich the claim made by our services.
To make a claim, contact us at the following address: firstname.lastname@example.org, indicating :
- Name of the recipient
- Tracking number of the package
- Description of the product
- Photos of the damaged package with the postage clearly visible
- Photo of the inside of the package
- Photo of the damaged product
If the delivery time is not respected, you can cancel the order, simply by email or registered letter with acknowledgement of receipt to the following address ANAVA PARIS 1 rue du heaulme, 95640 Neuilly-en-Vexin, France
ANAVA PARIS will then be obliged to reimburse you for all sums paid, at the latest within fourteen (14) days of the date of cancellation of the sales contract. If you nevertheless receive the Product after having used this option, you must return it in accordance with the return procedure set out in Article 10 below.
You must check the conformity of the Products at the time of delivery and indicate to your carrier, in the form of handwritten reservations accompanied by your signature, and to ANAVA PARIS, by any means and within 3 days of receiving the product, any anomalies noted (open package, damaged product, etc.).
You must then contact the Customer Service Department by sending an email to email@example.com. In case of non-conformity of the Products purchased or if they do not give you satisfaction, you can return them or ask for an exchange or refund under the conditions provided in Article "9. Right of withdrawal - returns, exchanges, refunds".
ANAVA PARIS cannot be held responsible for the consequences of a delay in delivery that is not its fault.
IX. RETURN AND REFUND
Right of withdrawal
9.1. Within a period of fourteen (14) days from the date of receipt of the order, the Customer may request ANAVA PARIS to return the Product(s). Only gift packaging cannot be returned or refunded.
No return, refund or credit note may be issued for items on sale.
9.2. The Customer must return the Product(s) at his own expense, except in the case where he has received a product with a manufacturing defect or which does not correspond to the Customer's initial order. In this case, the Customer must contact the customer service at firstname.lastname@example.org to obtain a prepaid return form.
The return is at the Customer's risk. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied if possible by the delivery note received in the order. Please send your return to the following address
Anava Paris Return Service
1 rue du heaulme, 95640 Neuilly-en-Vexin France
9.3. If the Customer fails to comply with these conditions, in particular the return conditions, ANAVA PARIS will not be able to proceed with a refund or issue a credit note for the Products concerned.
X. LEGAL GUARANTEES
10.1. ANAVA PARIS is only responsible for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, and only on a best-efforts basis. ANAVA PARIS shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with the law and case law.
The Products sold by ANAVA PARIS are subject to the legal warranty conditions set forth in Articles L. 211-4 to L. 211-13 of the French Consumer Code as well as Articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties:
10.2 Legal guarantee of conformity
ANAVA PARIS will deliver to you a Product that conforms to the contract and is free of defects in conformity when the said Product is delivered, in the sense that the Product will be fit for the use usually expected of a similar good and that it will have the characteristics presented at the time of sale. ANAVA PARIS is also responsible for any lack of conformity resulting from the packaging.
ANAVA PARIS may replace the non-compliant Product. If replacement is impossible within one (1) month of the complaint or, if you make a duly motivated request, you may request a refund of the price of the Product.
This guarantee will only apply if you request it within two years of the delivery of the goods. Defects of conformity that appear within twenty-four (24) months of Delivery are presumed to exist at the time of Delivery, unless proven otherwise.
10.3 Legal guarantee against hidden defects
ANAVA PARIS will deliver a Product free of hidden defects that would make it unsuitable for its intended use, or that so diminish this use that you would not have acquired it, or would have given only a lower price for it, if you had known about them. This guarantee will only apply if you make the request within two (2) years of the discovery of the defect.
In the event of a hidden defect, you will have the choice of returning the Product and having the price and expenses incurred by the sale returned to you or keeping the Product and having part of the price returned to you. In all cases, it will be up to you to prove that you meet the conditions of the warranty. In case of lack of conformity and hidden defects, you must return the Products to the following address ANAVA PARIS
1 rue du heaulme,
95640 Neuilly-en-Vexin, France
XI. INTELLECTUAL PROPERTY
11.1. Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, videos, etc.).
This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial purposes without the express written authorization of ANAVA PARIS.
11.2. Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and complete property of ANAVA PARIS.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, if any, or register any trademark that would be prejudicial to the owner of the rights, unless otherwise stipulated in the contract.
The same applies to any other intellectual property right.
XII. PERSONAL DATA
12.1. ANAVA PARIS undertakes to use the confidential information of Customers only in the context of the operation of its Site.
In order to process the order correctly, the personal data collected will be processed by computer and the Customer acknowledges that he/she is aware of this.
In this respect, information concerning the Customer may be communicated to ANAVA PARIS' technical service providers.
12.2. In addition, ANAVA PARIS may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
12.3 In accordance with the law of January 6, 1978, as amended by the law of August 6, 2004, the Customer has the right to access and rectify personal data concerning him/her in the files of ANAVA PARIS. Any request must be sent by e-mail to: email@example.com or by post to the following address ANAVA PARIS, 1 rue du heaulme, 95640 Neuilly-en-Vexin, FRANCE.
XIII. MAJOR FORCE
13.1. In the event of the occurrence of an event of force majeure, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt.
In addition to those usually retained by the jurisprudence of the French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
13.2. All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
XIV. GENERAL DISPOSITIONS
14.1 Partial invalidity of a clause
If any provision of these terms and conditions is declared invalid or unenforceable by a court of competent jurisdiction, it shall be declared unwritten and shall not invalidate the other provisions.
These general terms and conditions may be modified at any time and without prior notice by ANAVA PARIS, the applicable terms and conditions being those in force on the date of the order by the Customer.
14.3. Applicable law - Competent court
The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or third-party claims.
14.4. Applicable law - Disputes
In the event of a dispute related to the use of the Site, you have the possibility of resorting to a conventional mediation procedure or to any other alternative dispute resolution procedure.
In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000 :
- you may refer the matter to the court of your place of residence or to the French courts,
- ANAVA PARIS may bring the matter before the court of the place where you are domiciled.
ANAVA PARIS reserves the right to seek and obtain injunctions or orders for the defense of its rights hereunder.
14.5. Reproduction of applicable texts (Order 2005-136 of 17 February 2005, Consumer Code, Civil Code)
Article L. 211-4. of the Consumer Code
The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code
- To be in conformity with the contract, the goods must :
1° Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the Customer in the form of a sample or model;
- have the qualities that a Customer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the customer would not have acquired it, or would have given only a lower price, if he had known about them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.