Between Shop Biz,
France,
Represented by the Company Noumsia,
as manager, duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site. Or directly using the address https://achete.biz/en/contact-us/
Hereinafter the “Seller” or the “Company”. On the one hand, And the natural or legal person purchasing the company’s products or services, Hereinafter, “the Purchaser”, or “the Customer” On the other hand, It has been stated and agreed what follows :
PREAMBLE
The Seller is a publisher of E-commerce Products and Services for consumers, marketed through its websites (https://achete.biz/en/). The list and description of the goods and services offered by the Company can be consulted on the aforementioned websites.
Article 1: Object
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (GTC) govern the sales of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These T&Cs can be viewed on the Company’s website at the following address: https://achete.biz/en/terms-and-conditions/.
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 Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or to validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the Internet sites are indicated in Euros and Pound Sterling excluding taxes and precisely determined on the product description pages. They are also indicated in euros and pounds sterling all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding tax automatically on the invoice. 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.). As such, the Seller invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4: Conclusion of the contract online
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order: – Information on the essential characteristics of the Product ; – Choice of the Product, if applicable, of its options – Indication of the essential contact details of the Customer (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (formality of the double click) and, if necessary, correction of errors. Before proceeding with its confirmation, the Buyer has the option of checking the details of his order, its price, and correcting any errors, or canceling his order. The confirmation of the order will constitute the formation of this contract. – Then follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
The customer will have the opportunity during his ordering process to identify any errors made in entering data and to correct them. The language offered for the conclusion of the contract is French and English.
The terms of the offer are emailed back to the buyer when ordering and archived on the Seller’s website.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide their true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company’s websites, as well as, where applicable, the mode of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer’s order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer. The contractual information is presented in detail and in French and English. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer 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. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with Article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
In accordance with the legal provisions in terms of conformity and hidden defects (art. 1641 c. Civ.), The Seller reimburses or exchanges defective products. The refund can be requested as follows: filing a request in the customer’s account through the Orders menu at the address https://achete.biz/en/my-account/orders/.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering and within the deadlines indicated. These times do not take into account the time taken to prepare the order. When the Customer orders several products at the same time, they may have different delivery times sent according to the following terms: delivery via one or more packages. In the event of a delay in shipping, submit a request to the address https://achete.biz/en/contact/. In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a point of contact by email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.
Article 9: Availability and presentation
If an item is unavailable for a period exceeding 30 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card or Paypal. Cards issued by banks must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing 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 in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.
Article 11: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company as follows: filing a request in the customer’s account through the Orders menu at the address https://achete.biz/en/my-account/orders/. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any article for which a manufacturing or delivery process is in progress. . If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, with the return costs remaining the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they should be accompanied by a copy of the proof of purchase. Refund procedure: the refund procedure can be carried out after an investigation of the product (s) purchased.
Please note that monogrammed, personalized, special order items and items damaged by normal wear and tear are not eligible for return. Returned items must be unworn, unwashed, undamaged and unused with all original tags attached. Please try on swimwear or clothing over underwear for hygienic reasons. Do not remove the protective sheet. This also concerns shoes or any other product likely to be worn by the customer.
Article 12: Complaints and mediation
If necessary, the Purchaser can present any complaint by contacting the company by means of the following contact details filing a request in the customer’s account through the Orders menu at the address https://achete.biz/en/my-account/orders/. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, consumers are informed that they can use a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In the event of failure of the complaint request to the Seller’s customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution.
Article 13: Termination of the contract
The order can be canceled by the buyer in the following cases: – delivery of a product that does not comply with the characteristics of the order; – delivery exceeding thirty days following payment. In these cases, the buyer can demand reimbursement of the deposit paid.
Article 14: 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 GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 15: Force majeure
The performance of the seller’s obligations at the end of these presents 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 16: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties. Article 18: Protection of personal data In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a processing of personal data for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following: – the identity and contact details of the controller and, where applicable, the representative of the controller: the Seller, as indicated at the top of these T & Cs; – the retention period of the data: the period of the commercial prescription – the data subject has the right to request from the controller access to personal data, the rectification or erasure of these, or a limitation the processing relating to the data subject, or the right to oppose the processing and the right to data portability – the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed.
Article 17: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale.