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Effective date: January 2023

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PREAMBLE

 

This site is published by the company MAISON AZULOR, a simplified joint-stock company with a single shareholder with a capital of €1,500, whose registered office is located at 260 Chemin du Sorbier Porte C102 - 74520 Valleiry, registered with the RCS of Thonon-les-Bains under number 912 597 788, whose individual intra-community identification number is FR95912597788, and represented by Mrs. Maria-Isabel Rocha Ruas, its President (the " Seller ”).

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The site is freely accessible and free of charge by any Internet user at the address WWW.maison-azulor.com

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The purpose of the Site is to offer for sale articles in porcelain, household linen, jewelry, jewelry, and precious metals, offered online by the Seller (hereinafter referred to as the "Products").

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ARTICLE 1 - PURPOSE - GENERAL STIPULATIONS

 

The present general conditions of sale of the Site (hereinafter the " CGV ") define the contractual rights and obligations of the Seller and the customer (the " Customer ”) in the context of the online sale by the Seller of the Products on the Site.

 

These GCS constitute with the online order (the " Order ”) the contractual documents binding on the Parties when purchasing a Product, to the exclusion of all other conditions, oral or written, exchanged before the conclusion of the sales contract.

 

The GCS are written as well as all the contractual information mentioned on the Site in French.

The T&Cs are made available to Customers and any Internet user on the Site, where they can be consulted directly. They can also be communicated on request by telephone, e-mail or post.

By placing an order (hereinafter the "Order”) of a Product on the Site, the Customer, by ticking a box provided for this purpose, acknowledges having read and accepted these GCS. In addition, by placing an Order under these GCS, the Customer certifies that he is a consumer.

 

The validation of the Order by its confirmation implies acceptance by the Customer of the GCS in force on the day of the Order, the conservation and reproduction of which are ensured by the Seller.

 

The Seller reserves the right to modify its T&Cs at any time. In the event of modification of the GCS, the applicable GCS are those in force on the date of the Order, a copy dated to date of which can be given to the Customer at his request.

 

If part of the T&Cs should prove to be illegal, invalid or unenforceable, for any reason whatsoever, the stipulations in question would be deemed unwritten, without calling into question the validity of the other stipulations which will continue to apply.

 

The fact that the Seller does not avail himself at a given moment of any of the stipulations of these GCS cannot be interpreted as a waiver to avail himself of them later.

 

 

ARTICLE 2 – PRODUCTS

 

2.1 Features

 

The Products offered for sale are each the subject of a description mentioning their essential characteristics within the meaning of Article L.111-1 of the Consumer Code.

 

The Products are described and presented with the greatest possible accuracy. Regarding the photographs, every effort is made to reproduce the colors and other characteristics of the Products on the Site as faithfully as possible. Variations may nevertheless occur, in particular due to the technical limitations of the color rendering of computer equipment.

 

2.2 Availability

 

The Products are offered as long as they are presented on the Site and within the limits of available stocks.

 

The Seller incurs no liability in the event of out of stock or unavailability of the Products, unless the non-performance of the contract is personally attributable to him.

 

2.3 Compliance

 

The Products comply with the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers, and in particular the requirements of French law in force, at the time of their placing on the market. .

 

The prices and taxes relating to the sale of the Products are specified in the online store.

 

In accordance with the applicable regulations, all items of jewelery and jewelery containing the precious metals concerned are marked with the applicable hallmarks and accompanied by the corresponding applicable guarantee certificates.

 

 

ARTICLE 3 – PRICE

 

3.1 Selling price

 

The prices are indicated in euros all taxes included and do not take into account delivery costs, which are invoiced in addition.

 

The delivery costs are indicated before validation of the Order by the Customer.

 

All orders are payable in euros.

 

3.2 Amendment

 

The Seller reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of the validation of the Order.

 

 

ARTICLE 4 – OFFER

 

4.1 Domain

 

The online sales offers presented on the Site are reserved for Customers residing in France, in the European Union and worldwide, subject to local or international mandatory provisions.

 

4.2 Duration

 

The online sales offers presented on the Site are valid, in the absence of indication of a particular duration, as long as the Products appear in the electronic catalog and subject to their availability.

 

4.3 Acceptance

 

The acceptance of the offer by the Customer is validated, in accordance with the double-click process, by the confirmation of the Order.

 

 

ARTICLE 5 – ORDER

 

5.1 Conclusion of the sales contract

 

The Customer, to place an order, and after having filled his virtual basket indicating the selected Products and the desired quantities, must click on the "order with obligation to purchase" button and provide information relating to delivery and payment method. .

 

Before confirming his Order, the Customer will have the opportunity to check the details of his Order and its total price, as well as to return to the previous pages to correct any errors or possibly modify his Order.

 

The Customer must provide a valid e-mail address and delivery address and acknowledges by these GCS that any exchange with the Seller may take place using this address.

 

The Customer must also choose the delivery method and validate the payment method.

 

Confirmation of the Order entails acceptance of the GCS.

 

The Seller reserves the right to block the Customer's Order in the event of non-payment, incorrect address or any other problem on the Customer's account, until the problem is resolved.

 

5.2 Modification of the Order

 

Any modification of the Order by the Customer after confirmation of his Order is subject to acceptance by the Seller.

 

5.3 Validation of the Order

 

The Order is deemed validated once the payment has been accepted and received by the Seller.

 

5.4 Archiving and proof

 

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract.

 

Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions between the Seller and its Customers.

 

5.5 Resolution

 

The Order may be canceled by the Seller in the event of the Customer's refusal to take delivery.

 

The Order may be canceled by the Customer by any means in the event of:

 

• delivery of a Product that does not conform to the declared characteristics of the Product; Or

• of delivery exceeding the deadline fixed at the time of the Order and according to the terms hereof, or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Seller has been ordered, according to the same terms and without result, to make the delivery within a reasonable additional time.

 

Reimbursement is then made within fourteen (14) days of this denunciation.

 

 

ARTICLE 6 – PAYMENT OF ORDERS

 

6.1 Payment

 

The amount due is indicated during the validation of the Order. Orders will only be validated after receipt and validation of payment. Payment for purchases is made on the Site by Credit Card (Visa, Mastercard).

 

6.2 Secure payment

 

The Site is subject to a secure payment system, in order to guarantee the security and confidentiality of personal and in particular banking information of Customers.

 

The general conditions of use of the payment provider chosen by the Seller are available by clicking on this link.

 

The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the payment of the sums due under the Order.

 

In the event of refusal to authorize payment by credit card from accredited bodies or in the event of non-payment, the Seller reserves the right to suspend or cancel the Order and its delivery.

 

6.3 Retention of title

 

The Products remain the exclusive material property of the Seller until full payment of the price.

 

The Seller also reserves the right to refuse an Order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

 

6.4 Confirmation

 

Upon receipt of the validation of the purchase and payment by the Customer, the Seller sends to the latter, on the email address he has specified, confirmation of the Order.

 

The sales contract is formed when the Customer sends the confirmation of his Order.

 

An e-mail acknowledging receipt of the Order and its payment are sent by the Seller as soon as possible upon validation of the Order.

 

The Seller sends an invoice to the Customer upon delivery of the Order.

 

In the event that the unavailability of a Product is noted after the validation of the Order, the Seller immediately informs the Customer and may offer him a Product of equivalent quality and price.

 

Failing this, and in any case in the event of the Customer's disagreement, the Order of the unavailable Product(s) will be automatically canceled and the Customer will be refunded.

 

 

ARTICLE 7 – DELIVERY

 

7.1 Definition

 

Delivery means the transfer to the Customer or the recipient of the Order of physical possession of the Product.

 

Delivery costs are invoiced to the Customer in accordance with the delivery rate in force and communicated when the Order is placed.

 

Any Order on the Site and delivered outside France or the Territory of the European Union may be subject to any taxes and customs duties which are imposed when the package reaches its destination.

 

These customs duties and any taxes related to the delivery of a Product are the responsibility of the Customer and are his responsibility. The Seller is not required to verify and inform its Customers of applicable customs duties and taxes.

 

7.2 Delivery time

 

The Products ordered are delivered according to the deadline defined during the Order. Delivery times depend on the nature of the Products ordered and the corresponding carriers selected.

 

7.3 Delay in delivery

 

When the Product ordered is not delivered on the date or at the end of the period mentioned in the Order, the Customer may, after having unsuccessfully ordered the Seller to perform its delivery obligation within a reasonable additional period, resolve the contract by any means.

 

Reimbursement is then made within fourteen (14) days of this denunciation.

 

Any error or delay in delivery cannot be attributed to the Seller in the event of erroneous information communicated by the Customer.

 

7.4 Place of delivery

 

The Products are delivered to the address indicated by the Customer when placing the Order.

 

7.5 Terms of delivery and complaints

 

Delivery is made by carrier to the address indicated by the Customer.

 

The Customer must ensure the conformity of his Order upon delivery.

 

It is up to the Customer to check in the presence of the delivery person the condition of the Product delivered and, in the event of damage or missing items, to express reservations on the delivery note or on the transport receipt, and possibly to refuse the Product. and to notify the Seller thereof.

 

It is recalled that Article L.133-3 § 1 of the Commercial Code provides:

"Receipt of the objects transported extinguishes any action against the valet for damage or partial loss if within three days, not including public holidays, which follow that of this reception, the recipient has not notified the valet, by extrajudicial act or by registered letter, his reasoned protest. »

 

It is also recalled that articles L.216-1 and following stipulate:

 

Article L216-1 of the Consumer Code:

 

“The professional delivers the goods or provides the service on the date or within the period indicated to the consumer, in accordance with 3° of Article L. 111-1, unless the parties agree otherwise.

 

For the purposes of this Title, delivery of goods means the transfer to the consumer of physical possession or control of the goods. […].

 

In the absence of any indication or agreement as to the date of delivery or supply, the professional shall deliver the goods or supply the service without unjustified delay and at the latest thirty days after the conclusion of the contract. […]”

 

Article L216-2 of the Consumer Code:

 

“Any risk of loss or damage to the goods is transferred to the consumer when the latter or a third party designated by him takes physical possession of these goods. »

 

Article L216-3 of the Consumer Code:

 

“When the consumer entrusts the goods to a carrier other than that proposed by the professional, the risk of loss or damage to the goods is transferred to the consumer when the goods are handed over to the carrier. »

 

Article L216-5 of the Consumer Code:

 

“The professional indicates in writing to the consumer at the time of his purchase, if necessary, the cost of delivery and commissioning of the good. A written document is left to the consumer when he takes possession of the goods, mentioning the possibility for the consumer to formulate reservations, in particular in the event of a defect in the goods or failure to provide the instructions for use or the instructions for use. facility.

 

The absence of reservations made by the consumer upon receipt of the goods does not exempt the professional from the guarantee of conformity of the goods that he owes to the consumer. »

 

Article L216-6 of the Consumer Code:

 

“I.- In the event of a breach by the professional of his obligation to deliver the goods or provide the service under the conditions provided for in Article L. 216-1, the consumer may:

 

1° Notify the professional of the suspension of payment of all or part of the price until the professional complies, under the conditions of Articles 1219 and 1220 of the Civil Code;

 

2° Rescind the contract if, after giving formal notice to the professional to deliver or provide the service within a reasonable additional period, the latter has not performed within this period.

 

The contract is considered resolved upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

 

II.- The consumer can however immediately terminate the contract:

 

1° When the professional refuses to deliver the goods or provide the service or when it is clear that he will not deliver the goods or provide the service;

 

2° When the professional does not perform his obligation to deliver the goods or provide the service on the date or on the expiry of the period provided for in Article L. 216-1 and that date or this period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.

 

The provisions of this article are without prejudice to the allocation of damages. »

 

Article L216-7 of the Consumer Code:

 

“When the contract is terminated under the conditions provided for in Article L. 216-6, the professional shall reimburse the consumer for all the sums paid, at the latest within fourteen days following the date on which the contract was terminated. »

 

In addition, article L.224-65 of the Consumer Code specifies:

 

"When the consumer personally takes delivery of the objects transported and when the valet does not justify having given him the opportunity to actually check their good condition, the period mentioned in Article L. 133-3 of the Commercial Code which extinguishes any action against valet is increased to ten days. »

 

The Customer must, where applicable, inform the Seller of its reservations as follows:

• by email: contact@maison-azulor.com

• by mail: MAISON AZULOR, 260 Chemin du Sorbier Porte C102 – 74520 Valleiry

 

7.6 Product Compliance

 

If the goods do not comply with the Order, the Customer must send a complaint to the Seller in order to obtain the replacement of the article or possibly the resolution of the sale.

 

7.7 Failure to deliver

 

The total failure to deliver entails the automatic resolution of the sales contract.

 

7.8 Transfer of ownership

 

Without prejudice to the terms of article 7.5 hereof, the Products remain the property of the Seller until full payment of the price.

 

7.9 Consequences of termination

 

In accordance with Articles L.216-7 and L. 241-4 of the Consumer Code, the professional is required to reimburse no later than fourteen (14) days following the date on which the contract was terminated and if such is not the case, the sums due are automatically increased:

 

• 10% if reimbursement occurs no later than fourteen (14) days beyond this term;

• 20% if the delay is between 15 and 30 days, and

• 50% later.

 

 

ARTICLE 8 - LEGAL GUARANTEES

 

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

 

When the contract of sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of appearance of the latter.

 

The legal guarantee of conformity entails the obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the good.

 

The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him.

 

If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

 

If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.

 

The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:

1° The professional refuses to repair or replace the good;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired good or of substitution ;

4° The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.

 

The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.

 

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

 

Any period of immobilization of the property with a view to its repair or replacement suspends the guarantee which remained to run until the delivery of the restored property.

 

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

 

The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover ( article L. 241-5 of the consumer code).

 

The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property.

 

 

8.1 Legal guarantee of conformity

 

The Consumer Code provides the following in terms of the legal guarantee of conformity:

 

Article L.217-3 of the Consumer Code:

 

“The seller delivers goods that comply with the contract and with the criteria set out in article L. 217-5.

He responds to defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from this.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for the lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;

2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller also responds, during the same periods, for lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer's action is the day of knowledge by the latter of the lack of conformity. »

 

Article L217-4 of the Consumer Code:

 

“The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;

4° It is updated in accordance with the contract. »

 

Article L217-5 of the Consumer Code:

 

“I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:

 

1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

 

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

 

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;

 

4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;

 

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

 

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

 

II.- However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

 

1° That he did not know them and was not legitimately in a position to know them;

 

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or

 

3° That the public declarations could not have influenced the purchase decision.

 

III.- The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented to when concluding the contract.”

 

Article L217-6 of the Consumer Code:

 

“When on the occasion of the contract, processing of personal data is carried out by the professional, a breach on his part of the obligations incumbent on him under Regulation (EU) 2016/679 of April 27, 2016 and _cc781905- 5cde-3194-bb3b-136bad5cf58d_law n° 78-17 of January 6, 1978 relative to data processing, files and freedoms, when this failure leads to non-compliance with one or more compliance criteria set out in this section, is considered a defect of conformity, without prejudice to the other remedies provided for by these texts. »

 

Article L217-7 paragraph 1 of the Consumer Code:

 

“The defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including the goods comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or defect invoked. »

 

Article L217-8 of the Consumer Code:

 

“In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, under the conditions set out in this subsection. .

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has satisfied his obligations under this chapter, in the conditions of articles 1219 et 1220 du civil code.

 

The provisions of this chapter are without prejudice to the allocation of damages. »

 

Article L217-9 of the Consumer Code:

 

“The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section.

The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller. »

 

Article L217-10 of the Consumer Code:

 

“The bringing into conformity of the good takes place within a reasonable time which cannot be more than thirty days following the consumer's request and without major inconvenience for him, taking into account the nature of the good and the use sought by the consumer.

The repair or replacement of the non-conforming good includes, if applicable, the removal and return of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the procedures for bringing the property into conformity. »

 

Article L217-11 of the Consumer Code:

 

“The bringing into conformity of the good takes place at no cost to the consumer.

The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement. »

 

Article L217-12 of the Consumer Code:

 

“The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:

1° The value that the good would have had there been no lack of conformity;

2° The importance of the lack of conformity; And

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.

Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is justified in writing or on a durable medium. »

 

Article L217-14 of the Consumer Code:

 

“The consumer is entitled to a reduction in the price of the goods or to the termination of the contract in the following cases:

1° When the professional refuses any compliance;

2° When the compliance occurs after a period of thirty days following the consumer's request or if it causes him a major inconvenience;

3° If the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the installation of the repaired or replacement good or the related costs;

4° When the non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.

The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.

The consumer is not entitled to rescind the sale if the lack of conformity is minor, which it is the seller's responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price. »

 

Article L217-15 of the Consumer Code:

 

“In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the good.

The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity. »

 

Article L217-16 of the Consumer Code:

 

“In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.

If the lack of conformity relates only to certain goods delivered under the sales contract, the consumer has the right to rescind the contract for all the goods, even those not covered by this chapter, if can reasonably expect him to agree to keep only the conforming goods.

For the contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer has the right to rescind the entire CONTRACT. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to rescind all the contracts relating thereto.

The respective obligations of the parties to the contract, mentioned in article L.224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods comprising digital elements. »

 

Article L217-17 of the Consumer Code:

 

“Reimbursement to the consumer of the sums due by the seller under this sub-section is made upon receipt of the goods or proof of its return by the consumer and at the latest within fourteen days.

The seller reimburses these sums using the same means of payment as that used by the consumer when concluding the contract, except with the express agreement of the latter and in any case at no additional cost. »

 

8.2 Warranty against hidden defects

 

The Civil Code provides for the guarantee of defects against latent defects in the following terms:

 

Article 1641 of the Civil Code:

 

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

 

Article 1643 of the Civil Code:

 

“He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »

 

Article 1644 of the Civil Code:

 

“In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »

 

Article 1645 of the Civil Code:

 

“If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer. »

 

Article 1646 of the Civil Code:

 

“If the seller is unaware of the defects of the thing, he will only be bound to refund the price, and to reimburse the purchaser for the costs incurred by the sale. »

 

Article 1647 of the Civil Code:

 

"If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensations explained in the two preceding articles.

 

But the loss happened by fortuitous event will be for buyer's account. »

 

Article 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. »

 

 

ARTICLE 9 – RIGHT AND PERIOD OF WITHDRAWAL

 

9.1 Conditions and deadline for exercising the legal right of withdrawal

 

In accordance with the provisions of Articles L.221-5 and L. 221-18 et seq. of the Consumer Code, the Customer has a right of withdrawal which he may exercise, following his Order and in any case within a period fourteen (14) days from receipt of the goods by the Customer or by any third party designated by him.

 

9.2 Goods excluded from the legal right of withdrawal

 

In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised in particular for contracts:

 

• Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

• Supply of goods made to the consumer's specifications or clearly personalized;

• For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

 

9.3 Consequences of exercising the statutory right of withdrawal

 

If the goods can be the subject of the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in this article, may obtain a refund of the returned goods as well as the delivery costs of the Order.

 

9.4 Fees

 

In accordance with article L.221-23 of the Consumer Code:

 

“The consumer sends back or restores the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221- 21, unless the trader offers to recover these goods himself.

The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them or if he has failed to inform the consumer that these costs are to be borne by him. However, for contracts concluded off-premises, when the goods are delivered to the consumer's home at the time of the conclusion of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by post because of their nature.

The consumer's liability can only be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 7° of article L. 221-5. »

 

9.5 ​Modalities for exercising the right of withdrawal

 

The Customer must inform the Seller of his desire to withdraw within fourteen (14) days of receipt of the Product, by notifying the Seller of his decision to withdraw by means of an unambiguous statement, expressing his desire to retract. The professional may also allow the consumer to complete and send online, on his website, the form or declaration provided for in the first paragraph. In this case, the professional communicates, without delay, to the consumer an acknowledgment of receipt of the withdrawal on a durable medium.

 

In this case, the Customer may in particular use the model withdrawal form in the appendix to these GCS and send it:

 

• by email: contact@maison-azulo.com

• by mail: MAISON AZULOR, 260 Chemin du Sorbier Porte C102 – 74520 Valleiry

 

The Customer must return the Products concerned by post within fourteen (14) days following his notification of withdrawal.

 

If the Products may be subject to the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in this article, may obtain a refund of the returned Products as well as the delivery costs of the Order.

 

In accordance with article L.221-24 of the Consumer Code, the Seller reimburses the Customer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days of the recovery of the Products or the transmission of proof of the shipment of these Products, the date retained being that of the first of these facts.

 

In accordance with article L.242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:

 

- the legal interest rate if the reimbursement occurs no later than 10 days after the expiry of the 14-day period set out above,

- 5% if the delay is between 10 and 20 days,

- 10% if the delay is between 20 and 30 days,

- 20% if the delay is between 30 and 60 days,

- 50% between sixty and ninety days, and

- five additional points for each new month of delay up to the price of the product, then the legal interest rate.

 

The Seller makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the reimbursement does not give rise to costs for the Customer.

 

The Seller is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

 

9.6 General provisions applicable to the return of Products

 

The Customer who wishes to exercise his legal right of withdrawal by returning a Product by parcel or post must send the parcel to the following address:

 

AZULOR HOUSE, 260 Chemin du Sorbier Porte C102 – 74520 Valleiry

 

9.7 Model withdrawal form

 

The model withdrawal form is at the bottom of the document.

​

ARTICLE 10 - RESPONSIBILITY

 

10.1 Capacity

 

The Customer, prior to his Order, declares to have full legal capacity, allowing him to engage under these GCS. The Seller can under no circumstances be required to verify the legal capacity of its visitors and Customers.

 

10.2 Compliance of goods sold

 

The Products offered comply with the applicable legislation. The Seller's liability cannot be engaged in the event of non-compliance with the legislation of the Customer's country, to which it is responsible for verifying whether the Product is not prohibited for sale in his country.

 

10.3 Product information and description

 

The Seller undertakes a duty of fair information and takes the greatest care and the greatest accuracy in putting information online, in the descriptions of the Products and in the data available on the Site as well as in their updating. regular.

 

10.4 Limitation of Liability

 

The Seller cannot be held responsible:

 

• interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control;

• the impossibility of the Customer to temporarily access the Site, due to facts beyond his control, such as: cases of computer failure, interruptions of the telephone network, the Internet network, failure of the reception equipment of the said network internet, etc

 

The Seller does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error and its responsibility cannot be engaged in this respect, whatever the reason.

 

The Seller's liability cannot be engaged in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.

 

Without limiting the scope of the other stipulations of the GCS, the Seller's liability can only be retained in the event of proven fault attributable to it. In any case, it will be limited to direct damages only.

 

10.5 Operation of the Site

 

The Seller reserves the right to modify or suspend all or part of the operation of the Site at any time and without notice.

 

 

ARTICLE 11 – INTELLECTUAL PROPERTY

 

11.1 Seller's intellectual property

 

Any redistribution, reproduction or total or partial commercialization of the content of the Site, in any form whatsoever, is strictly prohibited.

 

The elements reproduced on the Site, and in particular brand, logo, drawings, graphics, samples, brochures, documents and other similar material, photographs, visuals, texts, drawings and images or others, databases, programs, software, videos, without this list is not exhaustive, which are the exclusive property of the Seller, are protected by intellectual property rights of which the Seller is the sole holder.

 

Any trademark(s), logos, and/or any other distinctive sign, corporate name, sign, drawings, models, samples, brochures, materials, prototypes, documents, projects, memos, plans, studies, descriptions, consultations, opinions, conclusions or other pleadings, methods, processes, techniques, developments, designs, techniques, and know-how, source and computer codes, software documents, electronic mechanisms and systems, and other similar element, without this list is not exhaustive, are the exclusive property of the Seller.

 

Any brand(s), logos, company name and/or any other distinctive sign may not under any circumstances be used by the Customer, unless special dispensation is provided for.

 

These T&Cs shall not have the effect of conferring any right on the Customer over the intellectual property rights of the Seller.

 

The Customer undertakes not to reproduce, represent, distribute, adapt and/or modify, in any way and for any reason whatsoever, even partially, these elements without the express, written and prior authorization of the Seller. Any exploitation without the prior written authorization of the Seller exposes the offenders to legal proceedings.

 

The Customer is also prohibited from distributing, marketing, exploiting and more generally making available or granting the use of these same aforementioned elements to third parties without the express prior written consent of the Seller.

 

Any unauthorized use of the Site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

 

In general, the authorization of use provided for herein will not entail any transfer of rights or guarantee, whatever the title, for the benefit of the Customer or that of a third party. For the avoidance of doubt, the rights granted hereunder do not constitute, under any applicable law, an assignment of rights, and may not be assigned.

 

11.2 Intellectual Property attached to the Products

 

The Seller certifies that either he holds all the intellectual property rights and/or the necessary authorizations relating to the works reproduced in the Products for sale, or that these creations are free of rights.

 

The Seller certifies, where applicable, that said works are original and constitute intellectual works within the meaning of the Intellectual Property Code, that he is the author and/or that he has the power and of all rights and permissions to sell the Products including the reproduced works.

 

The Seller guarantees to the Customer that no content of the Products infringes the texts in force and/or the rights of third parties, in particular the texts relating to counterfeiting, defamation, invasion of morality or privacy. .

 

In general, the Order does not entail any transfer of the intellectual property rights of the works reproduced on the Products, if applicable, nor any guarantee, whatever the title, for the benefit of the Customer or that of a third party.

 

For the avoidance of doubt, any transfer of intellectual property rights must be the subject of a separate specific contract between the Seller and the Customer.

 

The Customer undertakes to use it in accordance with the provisions of the Intellectual Property Code and in particular respect for the moral rights provided for in Article L.121-1 of the Intellectual Property Code.

 

ARTICLE 12 – PERSONAL DATA

 

Information relating to the Order, including certain personal data (the " Personal Data ") of the Customer are subject to automated data processing, and in accordance with the laws and regulations in force relating to the protection of personal data (the "_cc781905-5cde -3194-bb3b-136bad5cf58d_Applicable regulations"), and in particular on the day hereof the provisions of Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (the Regulation "  GDPR") and the amended Data Protection Act of January 6, 1978 (the " LIL").

 

The Seller's Privacy Policy is available on the Site.

 

It is also specified that the Customer can also register free of charge on the list of opposition to canvassing on the sitewww.bloctel.gouv.fr.

 

 

ARTICLE 13 – FORCE MAJEURE

 

The Parties will be exonerated from their obligations, in the event that a circumstance constituting a case of force majeure as defined by law and the courts, prevents their execution. The obligations of the Parties will then be suspended.

 

The Party that invokes such a circumstance must notify the other Party immediately, upon its occurrence and upon its disappearance.

 

Are considered as cases of force majeure all facts or circumstances that are irresistible and unforeseeable, inevitable and which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport. or supplies, epidemics, pandemics, states of emergency, war, attacks, terrorism, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.

 

If the case of force majeure lasts longer than one month, the sales contract may be terminated by the injured Party.

 

 

ARTICLE 14 – APPLICABLE LAW - MEDIATION - DISPUTES

 

14.1 Applicable law

 

Without prejudice to any applicable mandatory rule, these T&Cs are governed by French law.

 

14.2 Mediation

 

In the event of a dispute between the Customer and the Seller, the latter will endeavor to resolve it amicably.

 

In the event of failure of the complaint request to the Seller or in the absence of a response within a reasonable period of one (1) month, the Customer may submit the dispute relating to the Order or these GCS opposing it to the Seller to the mediator to whom the Seller reports:

CNPM - CONSUMER MEDIATION. In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSUMPTION - 27 avenue de la libération - 42400 Saint-Chamond

The mediator will attempt, in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.

 

To submit his request for mediation, the Customer has a complaint form available on the mediator's website.

 

The Client remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, the Parties are free to accept or refuse the solution proposed by the mediator.

 

14.3In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up a dispute resolution platform, intended to collect consumer complaints relating to an online purchase. This platform is accessible. This platform is accessible at the following link:https://webgate.ec.europa.eu/odr/.

 

14.4 Disputes

 

In the absence of an amicable agreement, the dispute will be submitted to the competent courts under the conditions of common law, namely: either any court with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where the consumer lived at the time of the conclusion of the contract or the occurrence of the harmful event.

 

 

 

MODEL WITHDRAWAL FORM

 

(Please complete and return this form only if you wish to withdraw from the contract.)

 

To the attention of MAISON AZULOR, 260 Chemin du Sorbier Porte C102 – 74520 Valleiry

 

 

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:

 

Ordered on (*)/received on (*):

 

Name of client(s): ____________

 

Address of client(s): ____________

 

Signature of client(s) (only in case of notification of this form on paper): ____________

 

Date :____________

 

(*) Strike out the useless mention.