Between ETEC (EIRL Richard ETIEVANT), whose head office is located at 14, rue Albert EINSTEIN 77420 CHAMPS SUR MARNE France, registered under number 339721474, SIRET 33972147400023. The company can be reached by email by clicking on the contact form available via the home page of the site.
ETEC Hereinafter referred to as the “Seller” or the “Company”.
Firstly,
And the natural or legal person purchasing products or services from the company, hereinafter referred to as "the Buyer", or "the Customer".
On the other hand,
It was explained and agreed as follows:
PREAMBLE
These “General Terms and Conditions of Sale” apply to legal transactions relating to products marketed to its customers by ETEC within its virtual store “ami-more.com”.
The Seller is a manufacturer of products and services exclusively for consumers, marketed through its website (https://www.ami-more.com)
The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
The site is the property of ETEC – ami-more.com in its entirety, as well as all the rights relating thereto. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners. However, links of the hypertext type to the site are authorized without specific requests.
DEFINITIONS:
The following words or expressions will have the following meaning in this document:
Internet Shop: refers to the Ami-more.com website on which the Products are presented and sold to customers.
Order: refers to the sales contract concluded between Ami-more.com and the customer of the Ami-more.com store.
Product sheet: designates the classified information concerning a product provided by Ami-more.com when the said product is put up for sale in its internet store.
Products: refers to all the goods and services offered for sale by ETEC in its Ami-more.com internet store.
Service: refers to the sale of Ami-more.com Products to customers of its Ami-more.com Internet Boutique.
Transaction: designates all the operations, secure processing, authorizations and agreements inherent in the payment of the price of the Products ordered by credit card or PAYPAL.
Article 1: object
These General Conditions of Sale to its individual customers (excluding sales to professionals) determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General provisions and Acceptance of the conditions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products, made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller.
The Seller reserves the right to modify these at any time by publishing a new version on its website.
The applicable T&Cs are those in force on the date of payment of the order.
These T&Cs can be viewed on the Company's website at the following address: https://www.ami-more.com/content/3-conditions-generales-de-vente.
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click.
The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
These general conditions of sale will prevail over all other conditions appearing in any other document, except prior, express and written derogation.
Article 3: Price
The prices of the products sold through the website are indicated in Euros. ETEC is not subject to VAT, article 203B of the General Tax Code, VAT not applicable.
The price indicated on the Product Sheets does not include the inherent transport costs.
For all products shipped outside the European Union, customs duties or other local taxes or import duties or state taxes may be payable in certain cases.
These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.).
The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future.
The telecommunications costs necessary to access the Company's websites are the responsibility of the Client. Where applicable also the delivery costs.
Article 4: Products
The photographs illustrating the products do not enter into the contractual field.
If errors are introduced, in no case, the responsibility of Ami-more.com can not be engaged.
Article 5: Order
Automatic recording systems are considered as proof of the nature, content and date of the order. Ami-more.com confirms the acceptance of his order to the customer at the email address that he will have communicated. The sale will only be concluded once the order has been confirmed.
Ami-more.com reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. The information given by the buyer, when taking the order, commits him: in the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for delays in delivery or the impossibility of delivering. the Products ordered that these errors could cause.
Article 6: Delivery
After confirmation of the Order and subject to full payment of the price of the products ordered, Ami-more.com undertakes to send its customer the products ordered to the delivery address within 3 to 6 days (excluding days public holidays) with some exceptions. Exceptions concern the closing period for company holidays; external facts beyond our control such as strikes, exceptional health conditions, war, riots, fire, strikes, accidents and the impossibility of obtaining supplies. The goods always travel at the recipient's risk and peril. Ami-more.com cannot be held responsible for any delay in delivery and no reimbursement will be granted in the event of late delivery. You have a period of 48 hours to make any reservations with the carrier in the event of missing items or damage.
In addition, for deliveries outside mainland France, the customer agrees to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes or duties due under the laws of the country of receipt of the order. The joint and several liability of Ami-more.com cannot at any time be engaged in this respect.
Delivery will be made by Mondial Relay.
Our delivery rates are automatically calculated according to the weight of the package in stages, up to 10 kg.
Upon receipt of the Products ordered, the customer or the recipient must check the good condition of the goods delivered.
In the event that one or more of the Products ordered are missing or damaged, the customer or the recipient must make any reservations with the carrier at the time of delivery.
In case of deterioration or lack of products, the customer must contact Ami-more.com by email with the details of the product and its defect within a period of one week after the product is sent to the customer. The customer may return the defective product at his own expense and obtain a replacement product.
In case of shortage of products, the customer must contact Ami-more.com by email with the details of the missing product within 30 days from the date of order.
In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order.
In the case of a technical product, the customer will take particular care to check the proper functioning of the device delivered, to read the instructions for use provided to him.
In the event of apparent defects, the buyer has the right of return under the conditions provided for in this document.
In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order.
Reimbursement can be requested as follows:
Contact the Seller to obtain a return number and return the product, a Bank Identity Statement and a copy of the purchase invoice in its original packaging to the customer service address: ETEC Service clients – 8 rue Jules VERNE – 77260 LA FERTE SOUS JOUARRE - FRANCE. Shipping and return costs are the sole responsibility of the Customer and are non-refundable. The refund is made within 30 days by bank transfer to the Customer's account.
In the event that the customer would like the Products ordered to be delivered to several separate addresses, separate orders should be placed.
All the Products stipulated in the Orders placed at Ami-more.com are intended for the personal use of the customers or the recipients whose name is mentioned at the delivery address, the customers or the recipients of the products are prohibited from any resale. partial or total of the products.
Article 7: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites.
The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract.
The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. Otherwise, the Seller informs the Customer.
This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
Article 8: Order refusal
We reserve the right to withdraw, at any time, any products from this website, and/or to replace or modify any content or information appearing on this site. Although we endeavor to always try to fulfill orders you submit to us, there may be exceptional circumstances where we are forced to refuse to process or accept an order after we have received it or notified you. sent an Order Confirmation, and we reserve this right at any time and in our sole discretion.
We will not be liable to you or to any third party for our decision to remove a product from our site, for our decision to replace or modify any document or content appearing on this site or for our refusal to process or accept an order after we have received it or sent you an Order Confirmation.
Article 9: Withdrawal
The customer has a period of 14 days from receipt of the Products ordered to return them to Ami-more.com for exchange or refund (with the exception of personalized orders (article L221-28) of the consumer code ).
In this case, the customer must return the new Products, intact, in good condition, without having used the products, even partially, accompanied by all possible accessories, instructions for use and documentation to the following address:
ETEC – Customer Service – 8 rue Jules VERNE – 77260 LA FERTE SOUS JOUARRE – France
In the event of exercise of the right of withdrawal, Ami-more.com undertakes to reimburse the sums paid by the customer, free of charge, with the exception of the return costs.
The refund is due within a maximum period of 14 days.
Article 10: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 11: Payment
The price invoiced to the customer is the price indicated on the Order confirmation sent by Ami-more.com.
The price of the Products is payable in cash by one of the means of payment offered on the site on the day of the actual order.
The order validated by the customer will only be considered effective when the bank payment centers concerned have given their agreement. In case of refusal of the said centers, the order will be automatically canceled and the customer notified by e-mail.
Payment is due immediately upon ordering, including for pre-order products. The Customer can pay by credit card
Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art and cannot be read during transport on the Prestshop Checkout and PayPal network.
Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable.
By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it.
In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
The customer benefits from 2 means of payment. Payment by credit card on the secure PayPal site and payment by Prestashop Checkout. The order will only be shipped after receipt of payment and its validation by the bank.
No information on the means of payment is recorded and stored by Ami-more.com, this information is directly processed by our trusted service providers, who only send us the validation of the payment.
Moreover, Ami-more.com never asks its customers to provide them with their banking information by telephone, fax or e-mail.
Article 12: Applicable law
These general conditions of sale are subject to French law.
Article 13: Liability
Ami-more.com cannot be held responsible for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the Products marketed.
The liability of Ami-more.com will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have persisted despite all the precautions taken in the presentation of the products. In case of difficulties in the application of this contract, the customer and Ami-more.com reserve the possibility, before any legal action, to seek an amicable solution.
Otherwise, for customers, the Commercial Court of MEAUX has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Article 14: Guarantee
In all cases Ami-more.com cannot be held responsible for non-compliance with the regulations and laws in force in the country of reception. The liability of Ami-more.com is systematically limited to the value of the Product in question determined on the date of its sale and this without the possibility of recourse to the brand or the company producing the product.
In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code).
On condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (art. 1641 and following of the civil code); if the buyer goes to court, he must do so within a "short time" from the discovery of the hidden defect (art. 1648 of the civil code).
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges the products which are apparently defective or which do not correspond to the order placed.
The refund request must be made as follows:
Contact the Seller to obtain a return number and return the product, a Bank Identity Statement and a copy of the purchase invoice in its original packaging to the customer service address: ETEC Service clients – 8 rue Jules VERNE – 77260 LA FERTE SOUS JOUARRE - FRANCE. Shipping and return costs are the sole responsibility of the Customer and are non-refundable. The refund is made within 30 days by bank transfer to the Customer's account.
The Seller reminds that the consumer:
– has a period of 1 year from the delivery of the goods to act with the Seller
– that he can choose between the replacement and the repair of the good subject to the conditions provided for by the manufacturer of the apparently defective or non-corresponding article.
– that he is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
– that the consumer can also assert the guarantee 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 resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).
Additional warranties: Regarding products not manufactured by the Seller (distributed products), the warranties are those of the manufacturer or supplier, where applicable.
Under no circumstances can the Seller assume the guarantees of the product if these are no longer within the framework of the guarantees of the manufacturer or the supplier.
The Customer is informed during the purchase in the product description of the period and the non-guaranteed elements of the product distributed by the Seller.
The customer may contact customer service by telephone on +33 (0) 6 85 08 17 58 or by email at the address: contact@ami-more.com.
Article 15: Complaints
If necessary, the Buyer may submit any complaint by contacting the company using the following contact details: ETEC – Service clients – 8 rue Jules VERNE – 77260 LA FERTE SOUS JOUARRE – France - +33(0)6 85 08 17 58
Fees are the sole responsibility of the Customer and are non-refundable.
Article 16: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.
No assignment of intellectual property rights is made through these GCS.
Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 17: Force majeure
The performance of the Seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance.
The Seller will notify the customer of the occurrence of such an event as soon as possible.
Article 18: Nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.
Any contractual modification is valid only after a written and signed agreement of the parties.
Article 19: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you.
By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners.
You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the controller (the Company) by RAR letter. We carry out on all of our sites a follow-up of the frequentation. For this, we use tools such as Google Analytics.
Article 20: Legal information
The information of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. The lack of information leads to the non-validation of the order.
In accordance with the "Informatique et Libertés" law, the processing of personal information relating to customers has been declared to the National Commission for Computing and Freedoms (CNIL). The customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with Ami-more.com. In addition, Ami-more.com undertakes not to communicate, free of charge or with compensation, the contact details of its customers to a third party.
Article 21: Limitation of liability clause
It is stipulated a clause limiting the liability of the Seller for the performance of the service to the sum corresponding to a copy of the product or service in question.
Article 22: Applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
Article 23: Use of products
Ami-more.com cannot be held responsible for misuse of the products.
Article 24: Personal data
Ami-more.com does not resell or exchange any personal data. The information collected is used only internally to improve the quality approach with its customers.
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