TERMS AND CONDITIONS OF SALE
Article 1. FOREWORD
These Terms and Conditions of Sale are entered into BETWEEN:
1° A-NET EUROPE, a company registered at the Companies Registry of Paris, under number 408 637 114, having its head office located 13, rue Béranger – 75003 PARIS, referred to as the “Seller”, acting through its legal representatives located at the aforementioned head office.
on the one hand,
2° The person making a purchase, referred to as the « Customer », on the commercial web site hosted under the domain name anetbrands.com, hereinafter referred to as the « Web Site », on the other hand.
A-NET EUROPE is responsible for the offers proposed on the A-net Brands website as for the data processing.
The Web Site is hosted by SHOPIFY.
The Website editorial Manager is Mr. Giorgio MESSIERI.
Article 2. PURPOSE
These Terms and Conditions of Sale aim at defining the contractual relationship between the Seller and the Customer, as well as the sale conditions governing the Goods purchased on the Web Site.
The purchasing of a Good on the website implies the full acceptance by the Customer of these Terms and Conditions of Sale. These Terms and Conditions shall prevail over any other terms and conditions or contract or any other document of the Customer not expressly agreed and accepted by the Seller.
These Terms and Conditions of Sale shall only apply to the en.anetbrands.com website.
The Seller reserves the right to amend these Terms and Conditions at all time. The applicable Terms and Conditions are the one in force at the time of the purchase order passed by the Customer.
If a provision of these Terms and Conditions of Sale is deemed invalid, null, or unenforceable, whatever the reason, this provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions.
The fact that the Seller does not use its rights under these Terms and Conditions shall not constitute a waiver to these rights.
Any missing provision under these Terms and Conditions is deemed to be governed by common practices applicable to consumers in the distance selling sector.
These Terms and Conditions shall govern every stage of the purchase from the placing of the purchase order and are applicable between the parties to the follow-up thereof.
Article 3. DEFINITIONS
Customer: means an Internet user, a physical person acting for purposes which are outside of its business, industrial, craft or liberal activity, browsing, placing an order, or purchasing a good, on the Web Site.
Good: means any Good available for sale on the Web Site.
Website : means an IT web enabled infrastructure developed by the Seller and including data of any nature (text, sound, moving or fixed images, videos, data bases), browsed by the Customer to be informed about the Seller’s goods and services.
Internet: means the world wide based servers linked to each other by communication networks, by means of a transmission control protocol known as TCP/IP.
Article 4. GOODS CHARACTERISTICS
Goods available for sale are these available on the catalogue published on the Web Site. Goods may only be purchased while stocks last.
Pictures published on the Web Site are as similar as possible to the Goods available for sale, although complete resemblance cannot be guaranteed, especially colors.
Article 5. PLACING A PURCHASE ORDER
The Customer shall place an order on the Web Site by following the procedure:
- The Customer selects one or more Goods on the Web Site, which are added to the shopping list ;
- The shopping list enumerates the selected Goods is displayed. The Customer can either carry on or complete his purchase ;
- Upon completing his purchase, the Customer is asked to fill in his personal details in order to enable his identification as a Customer of the Web Site ;
- The Customer is asked to confirm the invoicing and delivery addresses entered in his account;
- The Customer confirms his mode of delivery (depending on the Country of delivery) and accepts the Terms and Conditions of Sale;
- The Customer is asked to choose his means of payment (PAYPAL or credit cards). Before going through the secure payment page, the Customer may always go back to one or more previous pages.
A purchase order is deemed to be an acceptation of the prices and description of the Goods available for sale. Any complaint on Good prices or description shall be solved, as the case may be, by way of an exchange and within the framework of the guaranties mentioned below.
Article 6. PRICE
Prices are in USD without taxes for deliveries in the USA, in GBP with taxes for deliveries in the United Kingdom, in Euros with taxes for orders destined for France or the European Union and in Euros without taxes for any other country in the World.
VAT rate changes may be passed on the Goods prices. The Seller reserves the right to modify the prices at all time, except for the price displayed the day of the purchase order, which shall not be modified after placing of the purchase order by the Customer.
Prices displayed on the Web Site do not include transport and delivery costs (see article 9 below).
Article 7. PAYMENT CONDITIONS AND PAYMENT SECURITY SYSTEM
The Customer may purchase the Goods by any of the following means of payment:
- Credit card online at the time of the purchase order; the following credit cards are accepted: MASTERCARD, VISA, CB, AMEX. The Seller shall set up the secure e-transaction system allowing the information received to be encrypted and preventing any third party to access it;
- Secure PAYPAL system.
Article 8. AVAILABILITY OF GOODS
The availability date of the Goods is displayed at the time of the purchase order.
Should the ordered Good become un-available, the Customer shall be informed as soon as possible and shall have the right to cancel his purchase. The Customer may choose between the refund of the payment at the latest seven (7) days from his purchase or the exchange of the Good by a Good with similar characteristics and price.
If the exchange is not possible, the Seller reserves the right to refund the payment made.
Article 9. DELIVERY
9.1 Delivery Conditions
The Goods are delivered only at the address entered by the Customer in the purchase order that shall be in the agreed geographic area, by DHL carrier or by courier within central Paris.
When the Goods are collected by DHL carrier at the Sellers’, the carrier informs the Customer by email of the purchase tracking number.
The Customer may be able to follow his purchase dispatch by entering the purchase tracking number on www.DHL.com .
The Customer commits to take delivery at the day and time agreed, given that the DHL carrier undertakes to carry out a maximum of three (3) deliveries, between 9 am and 6 pm.
Applicable prices and delivery dates scheduled by the carrier during working days are as follows:
- France: 9 € (Maximum delivery date: 2 days)
- European Union: 15 € (Maximum delivery date: 3 days)
- Rest of the world: 30 € (Maximum delivery date: 6 days)
The Seller shall not be liable for late deliveries due to DHL services or due to the courier Company.
Any Good marked « delivered » by the DHL services is deemed to have been accepted and shall not be refunded for delivery failure.
Customs duty, local, import or State taxes may be levied and charged to the Customer for deliveries outside the European Union. As a forwarding agent, the DHL carrier is responsible for customs procedures and is in charge of collecting, for the relevant authority, any unpaid duty, local, import or State tax from the Customer.
9.2 Late Delivery
The maximum delivery time is 30 working days from the conclusion of the contract.
Pursuant to Articles L.138-1 and following of the French Consumer Code, if the delivery time of 30 days is not respected, except in case of Force Majeure, the contract may be canceled at the Consumer request by registered letter with acknowledgment of receipt or by written request on any other durable medium, if, after having given notice, under the same conditions, to the Seller to make delivery or provide the service within a further reasonable delay, the Seller did not performed its obligations within this time.
The Customer may immediately cancel the order when, according to him, the delivery was an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the Customer made before the conclusion of the contract.
To this end, the Customer shall send its cancellation by registered letter with acknowledgment of receipt to the address indicated in article 19 of these Terms and Conditions.
Seller agrees to refund the Customer at the latest within fourteen (14) days from the date on which the contract was canceled.
In case of error in delivery, Customer shall contact the Customer Service within forty-eight (48) hours to inform the latter of this error. It shall also, as soon as possible, and within three (3) days, report his reserves by registered letter with acknowledgment of receipt, at the address indicated in article 19 of these Terms and Conditions.
Late deliveries caused by the Customer, the parcel recipient, a third party or by an event of Force Majeure, does not allow for any cancellation of the purchase, or any damages or refund.
Article 10. COMPLAINTS
Should the Goods be damaged during transportation, the Customer shall send his/her motivated claim to the carrier within two (2) days from delivery.
The Customer shall check out the packaging condition and the parcels number at the time of delivery.
In case of complaint, the Customer should contact the Seller’s after sales service by any means, its contact information are indicated in Article 19 of these Terms and Conditions, this Service shall explain him the procedure to follow.
The Customer shall return the Good to the Seller within fourteen (14) days from delivery.
Provided the claim is considered to be justified (wrong color or defects), the Seller shall exchange the defective Good by a strictly identical Good and/or proceed with the delivery of the missing Good, while stocks last, and as soon as possible. Otherwise, the Seller shall reimburse the defective or missing Good, the forwarding costs being born by the Customer.
Liability arising from a defect caused by the Customer’s clumsiness or mishandling shall rest on the Customer.
Goods on sale or special offers cannot be exchanged or reimbursed.
Article 11. RIGHT OF WITHDRAWAL
The Customer is entitled to withdraw the order that he placed, without giving any reason, within the delay of fourteen days from the receipt of the Good by him or by a third party designated by him, other than the carrier. The Customer may exercise his right of withdrawal from the conclusion of the contract.
In the case where the order involves multiple goods delivered separately and the delivery of this order is staggered over a defined period, the delay runs from the receipt of the last Good.
The Customer shall inform the Seller of his decision to withdraw by sending, before the deadline of the delay mentioned above, the withdrawal form reproduced below or any other unambiguous statement, expressing his willingness to withdraw at the following address: A-NET EUROPE, 13, rue Béranger - 75003 PARIS, France.
WITHDRAWAL FORM TEMPLATE
To the attention of A-NET EUROPE, 13, rue Béranger – 75003 PARIS, France
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following good:
Ordered on (*)/received on (*):
Name of consumer (s):
Address of consumer(s):
Signature of consumer(s) (only if this for mis notified on paper):
(*) Delete as appropriate
The Customer shall return the Good(s) to the Seller without undue delay and at the latest within fourteen (14) days from the communication of its decision to withdraw.
The direct costs of return shall be borne by the Customer.
Whatever the reason for the return of the Good(s), the Customer shall carefully pack the Good(s) returned in their original packaging and in perfect condition. The Good(s) travel under the Customer's liability.
The Seller shall refund the Client, by the same means of payment used by the latter for the initial transaction, the total amount of the Good(s) subject of the withdrawal, including delivery charges, no later than fourteen (14) days after recovery or the good or goods by the Seller.
Article 12. GUARANTY
In any case, the Customer may invoke the legal compliance warranty set forth under Articles L.211-4, and following of the French Consumer Code and under Article 1641 and following of the French Civil Code.
Article L211-4 of the French Consumer Code:
“The seller is required to deliver a good which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of compliance caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.”
Article L211-4 of the French Consumer Code:
“To conform to the contract, the Good shall:
- Be suitable for the purpose usually associated with such a Good and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
Article L211-12 of the French Consumer Code:
“Litigation being conducted for lack of conformity lapses two years after delivery of the Good.”
Article L211-16 of the French Consumer Code:
“When the buyer asks the seller, during the course of the commercial guarantee which was granted during the acquisition or repair of personal property, to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the Good in question is taken out of service pending repair, should this be subsequent to the request for assistance.”
Article 1641 of the French Civil Code:
“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its
intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
Article 1648 of the French Civil Code:
“An action resulting from unacceptable defects shall be brought by the buyer within two years from the discovery of the vice.”
In case of non-compliance, the Customer has a period of two (2) years from the delivery of the Good(s) to act and the Seller shall repair or replace the Good(s) within one month from the receipt of this Good or these Goods.
The Customer is not required to provide a proof of the existence of the Good’s non-compliance during the 6 (six) months following the delivery of the Good. This period is extended to twenty four (24) months from March 18th, 2016.
In case of non-compliance, the Customer has the choice between repair or replacement of the Good(s). But if this choice involves a manifestly disproportionate cost to the Seller, the latter may proceed with the alternative not chosen by the Customer. If Good(s) repair and replacement are impossible, the Customer may choose either to return the Good(s) and be refunded or to keep the Good(s) and be refunded for a part of the price. The same option is offered to him, either if the repair or replacement could not be realized within the period of one (1) month after the claim or if the repair or replacement may cause a major inconvenience to the Customer.
In case of hidden defect(s) of the Good, the Customer shall act within two (2) years from the discovery of the defect(s) and choose between the canceling of the sale or a reduction of the purchase price pursuant Article 1644 of the French Civil Code.
In case of non-compliance or hidden defects of the Good(s) and in respect of conditions set by Law, the Customer shall address its claim, in advance, to the Seller by post to the address mentioned in article 19 of these Terms and Conditions.
In case of hidden defects of the Good(s) sold, the Customer has the choice either to return the Good(s) and to be refunded or to keep the thing and be refunded for a part of the price.
Article 13. LIABILITY
The Seller shall do its best efforts in operating online sale.
The Seller commits to best describe the Goods available for sale on the Web Site. However, the description is provided for information purpose only and is not provided on a contractual basis. The Seller shall not be held liable in case of wrong description.
The Seller’s liability is excluded every time failure to fulfil its obligations is caused by a third party’s unforeseeable and inevitable action or by an event of force majeure.
The Seller shall not be liable for downsides or damages arising out of Internet use.
The Seller endeavours to ensure the confidentiality and security of the data entered on the web.
Article 14. PERSONAL DATA PROTECTION
In compliance with the Law of January 6th, 1978, on data processing and liberties, the Customer’s personal information may be subject to data processing by the Seller within its online sale service.
Seller agrees to respect the confidentiality of personal data provided by the Customer on the Web Site and to process them in accordance with the Law of January 6th, 1978 above mentioned in its latest version in force.
The Client is informed that he has a right of access and rectification which allow him, if necessary, to correct, complete, update, or delete his personal data which are inaccurate, incomplete, misleading, outdated or whose collection, use , disclosure or storage is prohibited.
Seller agrees to never disclose the Customer’s personal information to third parties, unless express consent given by the Client.
The Customer is informed of his right to register free of charge on the opposition -calling list so as not to be subject to commercial prospection by telephone.
Customers may receive a copy of their personal data upon their request and reimbursement of the delivery costs of the copy. However, the Seller may object to clearly abusive requests.
The Web Site was filed with the Data Protection Commission on August 31, 2011, under number 1529148.
Article 15. INTELLECTUAL PROPERTY
The Website frame, the visual and sounding content of it, including the underlying technology, are governed and protected by intellectual property rights, including copyright and similar rights, trademark, patent rights, and privacy rights. Therefore, it is strictly forbidden to disclose to the public, even free of charge, whole or part of the information contained on the Web Site, whatever the medium or means of communication, without the assignee’s or the Seller’s consent. Violation of this provision will automatically be subject to lawsuits.
Operation, broadcasting or use, even partially, of the Website, for whatever purpose, is forbidden. Links and hyperlinks are strictly forbidden without the Seller’s formal consent.
Article 16. TERM
These Terms and Conditions of Sale remain in force so long as the Goods are available for sale by the Seller.
Article 17. INFORMATION FILING AND PROOF OF PAYMENTS
The Seller files all purchase orders placed and invoices issued on a reliable and lasting medium representing an accurate copy thereof, in compliance with Article 1348 of the French Civil Code. The Seller’s computer-based registers (if any) will be considered by the parties as a proof of communications, purchases, payments and transactions made between the parties.
Article 18. GOVERNING LAW AND JURISDICTION
These online Terms and Conditions of Sale shall be governed by the Laws of France. Any litigation shall be brought before the competent jurisdiction located at the place of the defendant premises.
Article 19. INFORMATION REQUEST
13, rue Béranger
Tel : + (33) 01 55 28 34 40
Fax : + (33) 01 55 28 34 49
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