TERMS OF SALES
65, Boulevard du Pyla – 33260 La Teste de Buch – France
from Monday to Friday, from 9h to 18h.
Website : http://www.anamaya-lab.com
E-mail : email@example.com
Phone : +33 (0)184.108.40.206.14
Unipersonal Limited Liability Company with a capital of 20,000 euros.
N ° RCS 841 468 333 00015 in the commercial register of Bordeaux (33)
The Mhp Company sells cosmetics, fashion accessories and home goods under the brand name ANA MAYA lab.
VAT N ° Intracommunity: FR90 841 468 333
1. APPLICATION OF THE TERMS AND CONDITIONS OF SALE
These T & Cs are concluded between the purchaser non-commercial, non-commercial or non-Internet user, major and capable, hereinafter referred to as “the customer” and the EURL Mhp, hereinafter referred to as “the Seller”, in their contractual relationship.
Any customer necessarily becomes buyer after contracting with the seller.
The contractual relations concern all orders placed with the seller, on his website www.anamaya-lab.com, by mail to the address mentioned in the preamble or by telephone, from the validation of the order to its delivery.
These GTC apply exclusively to the above-mentioned contractual relationship.
Legal entities or natural persons acting on behalf of their commercial, industrial, artisanal or liberal activity are not affected by these Terms and Conditions.
2. OPPOSABILITY OF THE TERMS AND CONDITIONS OF SALE
The seller reserves the right to modify its Terms, in which case the conditions applicable are those on the date in force on the date of placing the order by the customer. Any modification is applicable as soon as it is put online. Any contrary condition opposed by the customer will, in the absence of express acceptance and written by the EURL Mhp, not opposable to the latter.
Le vendeur se réserve le droit de modifier ses CGV, dans ce cas les conditions applicables sont celles à la date en vigueur à la date de passation de la commande par le client. Toute modification est applicable dès sa mise en ligne. Toute condition contraire opposée par le client sera, à défaut d’acceptation expresse et écrite par l’EURL Mhp, inopposable à cette dernière.
Moreover, it can never be presumed that the seller has waived the use of its Terms and Conditions.
3. PRODUCTS OFFERED FOR SALE
The products governed by these Terms are those listed on the website www.anamaya-lab.com or any other advertising material, property of EURL Mhp. The products we offer are described and presented as accurately as possible. Despite all our precautions, inaccuracies, inaccuracies or omissions may occur. However, the EURL Mhp can not be held responsible for such inaccuracies, inaccuracies or omissions concerning the available information. The photographs of the products are not contractual.
Products are offered within the limits of available stocks. The products of the EURL Mhp depend on the harvests of raw materials, climatic and meteorological conditions and deliveries of the crops, so that the seller can not guarantee at all times the sufficient supplies of the items offered for sale. If by the extraordinary, an ordered article was unavailable or exhausted during the registration of the order, the seller undertakes to make every effort to satisfy his client. At the customer’s choice:
- Maintain the order and delay a few days the shipment of the package or if the unavailability is longer, the EURL Mhp proposes to ship a first package with the available products and will ship at its expense a second package for other unavailable products at the date of validation of the order.
- Replace the missing product with an equivalent product.
- Choose a credit or a refund.
The prices of the products are indicated in Euros all French taxes included. They take into account the VAT in force and any discounts applicable on the day of the order. The prices of the products are exclusive of delivery charges, according to the amounts in force applied by the seller. The seller reserves the right to change prices at any time. However, a price can never be changed once the customer order has been validated.
For the amount of delivery charges refer to point 7.
5.REGISTRATION AND VALIDATION OF THE ORDER
5.1 Order on paper order form
The Ambassador informs on the order form the desired products in their quantity and calculates itself the total price according to the chosen quantity. The Ambassador provides information on the means of payment. A purchase order can only be valid if all the information requested is duly completed.
5.2 Order by electronic order form from the website
The internet user adds or can freely delete from his “basket” the desired products. At any time, the customer can have access to a detail summarizing the contents of his “basket”. If this summary corresponds to the desired products, the customer freely validates his order to the tab assigned for this purpose. Any order can only be validly registered if the customer has previously identified himself or has duly completed the electronic contact form. Once the basket has been validated, the customer will have to accept the GTC which he is deemed to have previously read, choose the address and delivery method, and finally validate the method of payment.
In accordance with the provisions of the law of March 13, 2000 n ° 2000-230, the final validation of the order is proof of the completeness of the latter and makes payable the sum engaged by the seizure of the articles mentioned on the purchase order. The “click” validation constitutes an electronic signature within the meaning of Article 1316-4 and following of the Civil Code, which has the same probative force as a handwritten signature.
5.3 Telephone order
The customer can place an order by phone whether he is already a customer or not. Payment is made by sending a check. The payment of the order is validation of the latter.
5.4 For all orders
The customer agrees that his order, by the payment of the price, implies his unreserved acceptance of these Terms. Similarly, any order implies acceptance by the buyer of prices and descriptions of products available for sale. Any dispute on this point will occur within the framework of the guarantees mentioned in the provisions 9 hereof. The EURL Mhp will confirm the order by sending an e-mail, if the e-mail address of this one has been filled in correctly, summarizing the whole of the material conditions and the contents of the order (means of payment , delivery, ordered products, etc.). However, this email only confirms that the customer’s order has been taken into account by the seller and does not prejudge the availability of the ordered product (s). In case of unavailability of a product ordered over a period of more than 3 weeks, the EURL Mhp will contact the customer and any cancellation and replacement, credit or refund of the said product will be made in accordance with article 3 hereof, the rest of the order remaining firm and final.
In some cases, including the lack of payment, the wrong address or any other difficulty of any kind, the EURL Mhp reserves the right to block the order of the customer until the problem is solved, or ‘cancel the order.
6. Method of payment
For all orders (site, mail and telephone), the customer is contractually committed to payment and has the choice to pay for his purchases:
- By credit card with Paypal and Payplug secure solutions by filling in the required information.
- By check payable to EURL Mhp with endorsement upon receipt.
The EURL Mhp will process the order only upon receipt of the full payment. Failing receipt of a payment in the month following the date of order, the EURL Mhp is contractually disengaged and the order declared void without any written notification.
The customer is presumed to be authorized to use the payment card entered or the signed check and declares to have sufficient funds to cover the payment of the order.
The customer is informed that all the banking information provided is encrypted due to the use of the protected system S.S.L. (Secure Socket Layer).
7. Delivery: flat rate contribution and deadlines
7.1. Terms of delivery:
The seller ships the parcels, at the customer’s choice:
- “Colissimo” by a postal delivery service for internet, mail and telephone orders.
- in “Mondial Relay” by a relay point delivery service reserved for electronic and telephone orders.
In case of non-compliance with the postal deadline, the EURL Mhp can not be held responsible and, in case of force majeure, disruption, total or partial strike, including postal services and means of transport and / or communication.
No claim for compensation of any nature whatsoever may be claimed by the customer to the EURL Mhp in respect of the shipment. The merchandise travels at the risk and peril of the recipient. The customer is required to check the condition of the package at the reception and in which case make reservations to Customer Service.
7.2. Shipping costs and free :
To know the delivery costs or the free of these according to the mode and the place of delivery, the customer is invited to consult them by clicking here.
7.3. Estimated delivery time:
To know the estimated time of delivery according to the mode and the place of delivery, the customer is invited to consult them by clicking here. Delivery times for these services are not guaranteed by the seller.
Packages will be taken care of by Colissimo the same day of your order, if it is validated before 12h (noon), excluding weekends and holidays.
Packages will be taken care of by Mondial Relay the same day of your order, if it is validated before 10:30, excluding weekends and holidays.
8. Transfer of ownership and risks
8.1 Transfer of ownership: :
The products remain the property of the seller until full payment of the price. In other words, the ownership of the products is transferred to the buyer when the price is paid.
8.2 Transfer of risks :
The divestment of the products by the seller during the shipment, either by the deposit of the parcel to the postal services, or by the assumption of responsibility of the products by the delivery service to the private individuals, carries risk transfer to the benefit of the buyer.
All the products offered for sale by the EURL Mhp benefit from the legal guarantee of conformity codified in the articles L 217-4 and following of the Code of the Consumption allowing the replacement or the refunding of the product, as well as the guarantee against the vices hidden under Articles 1641 and following of the Civil Code giving right to the resolution of the sale or the reduction of the price.
Upon receipt, the buyer is required to check the condition of the packaging and the conformity of the delivered product.
Any complaint must be justified by all the documents attesting to the reality of the anomalies so that the EURL Mhp can carry out the useful verifications and bring the most appropriate answers. No product can be exchanged before being returned and received by the EURL MHP in good condition and in its original packaging.
In case of hidden defects detected later, the customer is obliged to inform the EURL Mhp according to the methods and coordinates mentioned above.
The seller’s liability can not be incurred in the event that the non-performance of his obligations is attributable to a case of force majeure as defined by French case law. Similarly, the seller can not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses. In case of damage when shipping the order, it is up to the customer, within a short time after receipt of the products, to notify the EURL Mhp the claim.
The fault of the customer in the non-delivery of the package or the impossibility of delivering the package within normal time limits can not be attributed to the EURL Mhp (address error filled, extended absence, etc.).
11. Intellectual property
All trademarks and distinctive elements of the site www.anamaya-lab.com and the purchase order, whether visual, figurative or sound are protected by copyright, trademarks or patents under the exclusive property of the EURL Mhp. Similarly, the designs, models, logos, photographs, images, illustrations, slogan, videos and illustrations on this site are the exclusive property of EURL Mhp. Their disclosure shall in no way be construed as granting any license or right of use whatsoever to such trademarks and distinctive signs protected by copyright. They can not be reproduced, represented or used under penalty of infringement. Similarly, no document or verbal sign from the aforementioned site may be copied, reproduced, re-published, downloaded, posted, transmitted or distributed in any way whatsoever.
The creation of hypertext links to the site www.anamaya-lab.com is prohibited without the express written authorization of the EURL Mhp, legally represented.
The buyer can contact the customer service of EURL Mhp for any question or information, either by email (firstname.lastname@example.org) or by phone (06.37.98.46.14), or by mail (EURL Mhp 65 Boulevard du Pyla- 3260 La Teste de Buch).
13.1) Notification to the EURL Mhp of the withdrawal decision: In accordance with the provisions of article L 221-18 of the Consumer Code, the customer has a period of fourteen (14) clear days to exercise a right of withdrawal from the day following receipt of the products. As a result, the customer may decide to return any product for exchange or refund. If this period expires on a Saturday, a Sunday, a holiday or a non-working day, it is extended until the next working day. No reason must be provided by the customer. No penalty shall be charged to the retracting customer. To exercise his right of withdrawal, the customer can use the withdrawal form by clicking here and by specifying us using the form, or by post, or by email to email@example.com.
13.2 Limit to the right of withdrawal:
The right of withdrawal can not apply to deteriorated products and products that have been opened partially or in full, used, or not being in perfect condition for resale. The right of withdrawal is valid only for deliveries in France and Europe.
13.3 Procedures for exercising the right of withdrawal (return of products) :
In the event of exercise of the right of retraction, the customer must return at his expenses, within fourteen (14) days following the communication of his retraction, the products with a copy of the order or the invoice, with the address aimed at in the preamble. Products must be intact, complete and packaged in their original packaging. In accordance with the transfer of ownership and risks referred to herein at 8, the risks associated with the return of the product, regardless of the cause, are the responsibility of the customer. If the package is lost or damaged by the carrier during this shipment, the customer is solely responsible and can not be reimbursed by the EURL Mhp.
13.4 Reimbursement of products subject to withdrawal:
The exercise of the right of withdrawal entails the reimbursement of the sums paid by the customer when placing an order including shipping costs, at the latest within 28 days from the date on which this right was exercised. EURL Mhp reserves the right to postpone the refund until the products are received.
14. Partial invalidity clause
If a provision of these GTCS was to be declared void by law, regulation or judicial decision, it will be deemed unwritten.
However, the other provisions hereof will remain applicable and enforceable against the customer.
15. Various stipulations
Expiration dates: expiry dates and lot numbers are on our products. Each batch is identifiable in the laboratory. The customer can contact the customer service whose details are communicated in article 12 for any question on this subject.
The EURL Mhp can not be held responsible for any inconvenience resulting from a use compliant or not, the advice on the product packaging.
16. Mediation clause
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. Of the Consumer Code concerning the amicable settlement of disputes: When the consumer has submitted a written complaint to the professional and he has not obtained satisfaction or reply within two months, he may submit his complaint to the consumer ombudsman free of charge. The mediator must be seized within a maximum of one year from the initial claim. The mediator is MEDIATION-NET. It can be entered directly online at the following address: www.mediation-net-consommation.com – or by mail MEDIATION-NET – 34, rue des Épinettes – 75017 PARIS
17. Governing Law
The language of drafting these Terms is French and these are subject to French law, regardless of the nationality of the customer and the place of validation of the order. The site and the GTC of the EURL Mhp are in accordance with French law, in particular the law n ° 2014-344 of March 17, 2014 relating to the consumption and the ordinance n ° 2015-1033 of August 20, 2015 relative to the regulation out-of-court consumer disputes, so that the seller does not answer for compliance with any foreign legislation.
18. Competent jurisdiction
Any dispute related to the interpretation or the execution of the present ones falls under the exclusive competence of the French judicial order governed by the Code of Civil Procedure.
Precisely, with regard to the provisions of Article R 631-3 of the Consumer Code, in case of dispute, the customer may seize at his option, either one of the jurisdictions territorially competent under the Code of Civil Procedure, or the jurisdiction of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.
19. Confidentiality of personal data
Nominative information collected in connection with distance selling is mandatory and necessary for the processing and delivery of orders. This information is strictly treated confidentially and is saved in a private database to the EURL Mhp, registered with the CNIL services under the number XXXXX. In accordance with the law “Informatique et Liberté” n ° 78-17 of January 6, 1978, the customer has a right to access, modify or delete information about him. This right is exercised either by email (firstname.lastname@example.org) or by post to the following address: EURL Mhp 65, Boulevard du Pyla 33260 La Teste de Buch. The personal data provided by the customer may be used by the EURL Mhp for commercial or informative purposes to personalize the products offered for sale, improve its promotional offers or innovate its range of products and send newsletters. Finally, the seller reserves the right to communicate the telephone number or the email address of the customer to the companies providing the delivery of the ordered products. The customer may at any time withdraw his consent to the use of his personal data, according to the procedure mentioned above. EURL Mhp can not be held responsible for any accidental deterioration, loss or “hacking” of personal data that may occur despite all the precautions taken to ensure the confidentiality and security of the latter.