General Sales Conditions
GENERAL CONDITION OF SALES
Definition of the parties:
Between the Company BZ ANIMOZ, 27 rue jean claret, 63000 Clermont-ferrand, with a Share Capital of 2.000 €, registered in the Trade and Companies Register of CLERMONT-FERRAND, under the SIRET number 84749911800010.The company can be reached by email by clicking on the contact form accessible via the contact page of the site. Hereinafter the “Seller” or the “Company”. On the one hand, and the natural or legal person proceeding to the purchase of products or services of the company, hereinafter, “the Buyer”, or “the Customer” On the other hand, It was exposed and agreed what follows:
The Seller is a publisher of textile products for consumers, marketed through its website animoz-clothing.com. The list and description of goods offered by the Company can be found on the above-mentioned sites.
Article 1: Purpose
The present General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTCS) govern the sales of Product, eﬀected 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 has accepted them before placing an order.
The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC applicable then are those in effect on the date of payment (or first payment in case of multiple payments) of the order.
The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or a service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has benﬁciated the necessary advice and information aﬁn order to ensure the suitability of the oﬀre to his/her needs.
The Customer declares that he/she is legally able to contract under French law or validly represent the natural or legal person for whom he/she is contracting.
Unless proven otherwise the information recorded by the Company constitutes proof of all transactions.
Article 3 : Prices
The prices of the products sold through the websites are indicated in Euros including all taxes and precisely determined on the pages describing the Products. They are also indicated in Euros including all taxes (VAT + other taxes, if any) on the product order page, and excluding speciﬁc shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of taxes 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 under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modiﬁer its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Client. Where applicable, delivery costs shall also be borne by the Client.
Article 4: Conclusion of the online contract
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 by electronic means in order to be able to complete his or her order: Information on the essential characteristics of the Product; Choice of the Product, if applicable, its options – Indication of the Customer’s essential contact information (identiﬁcation, email, address…); Acceptance of these General Terms and Conditions of Sale; Veriﬁcation of the elements of the order (double-click formality), and, if applicable, correction of errors. Before proceeding with his conﬁrmation, the Buyer has the possibility of verifying the details of his order, its price, and correcting any errors, or cancelling his order. The conﬁrmation of the order will entail the formation of this contract. Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive conﬁrmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order conﬁrming it.
During the ordering process, the Customer will have the opportunity to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is French.
The archiving of communications, the order, the details of the order, as well as the invoices is eﬀected on a ﬁable and durable medium so as to constitute a ﬁdèle and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the ﬁns of the proper completion of the order, the Customer undertakes to provide its 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 buyer on the company’s websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, aﬃchage or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order conﬁrmation page. The selling price of the product is the one in force indicated on the day of the order, this one not including the shipping costs charged in addition. Any such 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 modiﬁer its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When 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 that he has 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 regarding the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of the present sale. The Seller undertakes to honour the Customer’s order within the limits of the available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer.
The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products oﬀerted for sale have no contractual value. The duration of validity of the oﬀre 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 under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated).
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services oﬀerted for sale through these GTCs meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects of the product.
In accordance with article L.217-4, the seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: Following a request by mail, the customer can play its right of withdrawal (Article 10).
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 at the time of the order and within the time limits indicated on the order summary page. These deadlines do not take into account the preparation time of the order. In the event of late delivery, the Customer may cancel the contract under the terms and conditions set forth in Article L 138-2 of the French Consumer Code. The Vendor shall then proceed with the reimbursement of the product and the “outward” costs under the conditions of Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point (cost of a local call from an extension) indicated in the order conﬁrmation email aﬁn order tracking. The Seller reminds that at the moment the Customer hangs physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notiﬁer to the carrier any reservation on the delivered product.
Article 9 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may eﬀect payment by credit card or via PAYPAL. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).Secure online payment by bank card is made by our payment provider. The information transmitted is chiﬀrées in the rules of art and can not be read during transport. Once the payment is initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and ﬁnancial Code, the commitment to pay given by card is irrevocable. By communicating his/her banking information during the sale, the Customer authorizes the Seller to debit his/her 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 cancelled by operation of law and the order cancelled.
Article 10: 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 from the date of receipt of his order.
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 can not be exercised for goods damaged upon receipt. In this case, we cannot set up a refund or an exchange. If the right of withdrawal is exercised within the above-mentioned period and under the required conditions, the price of the purchased product(s) will be refunded.
The return of products must be made in their original condition and complete (labels, accessories). The customer is responsible for the shipping costs of the return order.
In case of refund: the return costs are charged to the customer.
In case of exchange: The return costs are offered in France and at the customer’s expense outside the metropolitan territory. The forwarding via Mondial Relay is offered.
Any request for return must be made via the Customer Care and Returns form
Article 11: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller refunds the buyer or exchanges the products apparently defective or not corresponding to the order eﬀected. The refund request must be eﬀected in the following manner: Follow the procedure of the withdrawal period of Article 10 mentioned above.. The Seller reminds that the consumer; has a period of 2 years from the delivery of the good to act with the Seller; that he can choose between the replacement or repair of the good subject to the conditions provided by the above provisions. apparently defective or not corresponding; that he is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. 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 sale price (provisions of Articles 1644 of the Civil Code).
Article 12: Complaints and mediation
If necessary, the Buyer can present any complaint by contacting the company by means of the following coordinates email@example.com or 04 73 43 35 40
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In case of failure to file a claim with the Seller’s customer service, or in the absence of a response within two months, the consumer may submit the diﬀérent to a mediator who will attempt, in complete independence, to bring the parties together with a view to obtaining an amicable solution.
Article 13: Resolution of the contract
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases: – delivery of a product that does not conform to the characteristics of the order; – delivery beyond the deadline ﬁxed at the time of the order or, in the absence of a date, within thirty days of payment; – an unjustified price increase or modiﬁcation of the product. In these cases, the purchaser may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
Article 14: Intellectual Property Rights
The brands, 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 transfer 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: case of force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent the performance thereof. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 16: Invalidity and modiﬁcation of the contract
If any provision of this Agreement is invalidated, such invalidity shall not invalidate the remaining provisions which shall remain in full force and effect between the parties. Any contractual modiﬁcation shall be valid only after a written and signed agreement of the parties.
Article 17: Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements personal data processing that has the ﬁnality of selling and delivering products and services deﬁnis in this contract. The Buyer is informed of the following:
– the identity and contact details of the data controller and, where applicable, the data controller’s representative: the Seller, as indicated at the top of these GTCs; – the contact details of the data protection officer: Mr. Béziaud / 04 73 43 35 40
The recipients or categories of recipients of the personal data, if any: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations as well as any authority legally authorized to access the personal data in question – no transfer outside the EU is foreseen – the duration of data retention: 3 years after the end of the contractual relationship – the data subject has the right to request from the controller access to the personal data, rectiﬁcation or eﬀacement thereof, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to data portability – The data subject has the right to lodge a complaint with a supervisory authority – The information requested when ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decisions or proﬁlage is implemented through the ordering process.
Use and transmission of your personal data”:
Kiwiz is an invoice and credit note certification solution, responding to the requests of the tax authorities in the context of the 2016 Finance Law, also known as the “Anti-VAT Fraud Law”. In this regard, Kiwiz stores certified documents (invoices and credit notes) from orders placed on this site, for the legal period according to Article L123-22 of the Commercial Code.
Article 18: Applicable law and clauses
All clauses ﬁguring in the present general terms and conditions of sale, as well as all purchase and sale operations referred to therein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of the present general sales conditions.
Article 19: Consumer Information
In order to inform consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
– if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the French Consumer Code: The action resulting from a lack of conformity is prescribed by two years from the date of delivery of the goods.
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run.
This period runs from the date of the buyer’s request for intervention or the availability of the item for repair, if this availability is later than the request for intervention.