PRELIMINARY ARTICLE
The electronic distance selling system (Internet) of a selection of ANWA Origin items set up requires an active approach on the part of the consumer. It complies with the legal requirements for online sales and consumer protection.
ARTICLE 1: FIELDS OF APPLICATION
These general conditions of sale (hereinafter “GCS” or “General Conditions of Sale”) apply without restriction or reservation to all sales concluded by the company ANWA ORIGIN (hereinafter “ANWA”), from consumers and non-professional buyers (hereinafter the “Buyer” or the “Customer”), wishing to acquire the products offered for sale (hereinafter the “Products”) on the website www.anwa -origin.com (hereinafter the “Site”).
Their purpose is, on the one hand, to inform any potential buyer of the terms and conditions under which the seller (hereinafter and hereinafter “ANWA”) sells and delivers the items ordered and, on the other hand, to define the rights and obligations of the Parties in connection with the sale of articles by ANWA to the consumer (the “Buyer” or the “Customer”). The Products offered for sale, their main characteristics and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Site. The Customer is required to refer to the description of each Product in order to know its properties and essential features. These GCS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
The Purchaser, by checking a box provided for this purpose, acknowledges having read these GCS before placing the order (the “Order”) and having accepted them without restriction, this acceptance not being in any way conditioned by a handwritten signature on the part of the Buyer. If you refuse to accept these GCS, you will not be able to order from the Site.
The GCS are accessible at any time on the Site and will prevail, where applicable, over any other version.
ANWA reserves the right to modify these GCS at any time. However, the General Conditions of Sale applicable to the Order are those accepted by the Purchaser at the time of placing the Order. Unless proven otherwise, the data recorded in ANWA’s computer system constitutes proof of all transactions concluded with the Customer. force in the online sales sector. The Products presented on the website are offered for sale worldwide.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these GCS. The Customer acknowledges in particular having the capacity required to contract and acquire the Products offered on the Site.
ARTICLE 2: IDENTIFICATION OF THE SELLER
The items are sold by the company ANWA ORIGIN, a simplified joint-stock company, with a share capital of € 5,000, whose head office is located at 3 Place Masséna, 06000 Nice – France, registered with the Nice Trade and Companies Register under the Siret number 900 576 448 00014 and its intra-community VAT number is FR 93 900 576 448.
ARTICLE 3: ORDER
3.1: Placing the order
The Customer has the possibility of ordering from ANWA online on the Site www.anwa-origin.com.
Any order placed on the Site www.anwa-origin.com requires the creation of a customer account. The Customer must add the selected products to his basket. The Customer has the possibility to check the details of his order, its total price and can make changes before any final validation.
Orders sent to ANWA by mail, telephone or fax will not be taken into account.
Ordering process: After adding your item to the shopping cart, you can proceed to the ordering step by clicking on the “Order” button. Enter your billing details and fill in your delivery address. Your customer account will be automatically created. You will also have the choice of delivery method, choose your carrier. After having read and accepted the general conditions of sale, you can proceed to the payment step by clicking on “Order”. Choose your payment method then enter your payment information. When your payment is validated and the order accepted, you will receive an email containing your invoice as well as the details of your order. The order is shipped within 3 working days.
3.2: Confirmation of the order
Any Order implies acceptance of these General Conditions of Sale, of the Confidentiality Policy, without prejudice to the specific contractual conditions concluded between the Parties.
ANWA reserves the right to refuse an order for any legitimate reason, including the existence of an unresolved dispute resulting from non-payment of a previous order.
ANWA will send by email, as soon as possible, an order confirmation containing the substantive elements (order number, products ordered, place of delivery, etc.).
The Customer agrees that the order confirmation is considered as proof of the contractual relationship with ANWA.
In the absence of availability of one or more product (s) ordered, ANWA undertakes to inform the Customer by e-mail as soon as possible.
ARTICLE 4: PRICES AND PRODUCTS
4.1: Product offer
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. ANWA reserves the right to modify its offer at any time, in particular by adding, modifying or removing Products. The Products are presented as accurately as possible. The perfect representation of the Products on the Website cannot be guaranteed, in particular due to differences in color or material rendering by Internet browsing software and / or viewing monitors. The Buyer accepts normal wear and tear on used products offered for sale. The Product delivered may differ from that presented on the Site without giving rise to the Customer’s right to cancel the sale. i) if the Product concerned is an artisanal or semi-artisanal Product which does not allow perfect homogeneity of production to be ensured ii) or if the Product has undergone, between the date of the order and the date of delivery, adaptation linked to technical or technological development and subject, in these two cases, that the difference does not affect not on the essential characteristics of the Products, that it does not affect their quality and that it does not generate an increase in price.
4.2: Product prices
The Products are supplied at the prices in force appearing on the Site when the order is registered. The prices of the Products are indicated in euros, excluding taxes and all taxes included. Preparation and delivery costs are not included in the indicated price, unless otherwise stated.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs, and is made in euros.
ANWA reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force when the order is confirmed.
An invoice is established by ANWA and delivered by e-mail to the Customer upon delivery of the Products ordered.
ARTICLE 5: TERMS OF PAYMENT
5.1 payment
Payment is made in euros exclusively, in full when ordering, optionally by credit card, PayPal, gift card.
Orders being taken into account only after validation of their payment, no discount or penalty for delay is applicable. Payments cannot be suspended or set off without the prior written consent of ANWA. The cardholder must keep a copy of transaction records, as well as the merchant’s policies and rules, and the user is responsible for maintaining the confidentiality of their account. Payment data is exchanged in encrypted mode using the HTTPS protocol.
5.1.1 Payment by credit card
The following bank cards are accepted: Credit card, Visa and Mastercard, American Express.
As part of its action in favor of the fight against internet fraud, ANWA may need to verify the bank details and / or the identity of customers before any delivery. By placing an order on the Site www.anwa-origin.com, the customer undertakes to provide ANWA with the supporting documents requested. In the absence of communication of the requested elements within the time limit, ANWA reserves the right to cancel the order subject to verification.
5.1.2 Payment by PayPal
When validating their order, the Customer must enter their e-mail address linked to PayPal as well as their Paypal password. If the Customer does not previously have a PayPal account, he will, at the time of payment, be directed to a PayPal account creation page allowing him to benefit from this method of payment.
The Customer may use the PayPal Express functionality allowing him to place an order directly through his Paypal account without creating an ANWA account.
5.1.5 Payment by gift card
The ANWA gift card is valid for one (1) year from its activation date corresponding to the date of purchase and cannot be exchanged, refunded or returned. currency, for whatever reason.
Partial use of a gift card is accepted, the balance can be viewed directly on the Site. In the case of partial payment of the order by gift card, the Customer must pay the balance by credit card.
The accumulation of gift cards is accepted within the limit of one (1) cards and three thousand Euros (3000 €) of purchase.
5.2 Billing
The invoice sent to the Customer includes the information provided by the latter in his customer account. The information provided may not be subject to any modification after the issuance of the invoice. The buyer has the possibility of modifying this data on the occasion of any new order placed on the Site.
The Customer acting as a professional is required to place an order on the Site dedicated to professionals in order to obtain an invoice for professional use.
ARTICLE 6: DELIVERY AND RECEPTION
6.1 General rules
Delivery means the transfer to the Buyer of physical possession of the items.
Items ordered by the Purchaser in accordance with these GCS will be delivered to the address indicated by the Purchaser as the delivery address on the relevant Order (“delivery address”).
Information concerning the delivery terms is also accessible from the basket validation page, as well as on the Order summary page, before the latter is paid. The Delivery Costs are to be added to the total price of the Order and will be communicated to the Buyer prior to the validation stage of his Order.
No delivery will be made by ANWA if full collection of the price proves impossible.
The delivery of the articles can only take place at the permanent domicile of the Purchaser or at his professional address.
The Buyer also has the option of having the articles delivered to a natural person of his choice.
It is understood that no delivery can be made to hotels, transit agencies, campuses, relay points or PO boxes. The delivery of the articles will take place after the payment of the amount of the Order has been recorded.
In accordance with the provisions of the Consumer Code, the delivery of the items ordered will take place within the deadlines communicated by ANWA and, failing any indication, in any event no later than 30 days from the date of the Order, subject to the full payment of the price.
Any delay in delivery will authorize the Buyer to cancel his Order under the conditions of article L.216-2 of the Consumer Code.
6.2 Characteristics of the delivery methods of the Site
The items ordered by the Purchaser are delivered by ANWA’s carrier to the delivery address provided by the Purchaser during the Order, in tracked delivery. Each Order is assigned a tracking number. By connecting to his account on the site www.anwa-origin.com, the Buyer has a link allowing him to follow the delivery status of his package via the carrier’s site.
– Delivery via our carriers
Delivery takes place between 2 and 7 estimated days (for the estimated times per country, refer to the options available during the Order) from the dispatch of the Order, materialized by the Order dispatch notice sent by email to the Buyer.
In order for the deadlines to be met, the Customer must ensure that they have communicated exact and complete information concerning the delivery address (such as street, building, staircase number, access codes, intercom numbers, etc…).
The applicable delivery costs are those mentioned on the Site at the time of the Order according to the delivery country selected by the Purchaser. The delivery costs will not be invoiced to the Buyer for the majority of countries located in Europe.
In the event of absence during delivery, a request for re-delivery will be accepted by the carrier. If the Buyer is also absent during this second delivery, the package will be returned to ANWA’s headquarters, which will result in the cancellation of the order.
The risks relating to the products rest with ANWA until their delivery to the Purchaser, who becomes responsible for them as soon as they are delivered to the delivery address indicated during the Order.
6.3 Anomaly, damage, damaged package
Usual reservations: The Customer (or his agent) is required to check the physical condition of the packaging, the number and content of the packages at the time of delivery, in the presence of the delivery person. Any anomaly concerning the delivery (transport damage, missing product or package, broken product, etc.) must imperatively, under penalty of inadmissibility of the request, be indicated on the carrier’s delivery slip in the form of detailed, explicit handwritten reservations, reasoned and dated. The Customer (or his representative) must sign the delivery slip. General reservations of the “subject to unpacking” type will be systematically rejected.
The Customer (or his representative) must, at the same time, report these anomalies by sending to ANWA Customer Service, within three (3) working days following the delivery date, a registered letter with acknowledgment of receipt and attach to his complaint a copy of his invoice or send an email to the address: contact@anwa-origin.com. Any complaint received after the deadline will be definitively rejected without the possibility of recourse for the Customer.
In the event of non-conformity of the items purchased or if they do not satisfy the Purchaser, the latter may return them or request a refund under the conditions provided for in article 7 depending on the case.
ARTICLE 7: RIGHT OF WITHDRAWAL AND RETURN OF ARTICLES
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Buyer has a right of withdrawal.
The Customer has a period of fourteen (14) calendar days from receipt of the Products ordered, to exercise their right of withdrawal from ANWA, without having to justify reasons, nor to pay penalties, at the end of reimbursement. , provided that the Products are returned within fourteen (14) days of the delivery date. The Customer who purchases in his capacity as a professional does not benefit from any right of withdrawal.
If the Customer exercises his right of withdrawal, the return of the Products must be made in their original packaging or equivalent, the condition of the Products must not be altered, accompanied by all accessories and notices in perfect condition. resale, with the original purchase invoice to which the Products relate and the return number provided by Customer Service. The Customer must package the Products to return them in the same condition as when he received them, and ensure the safety of the Products to return them without damage.
Any Product returned damaged, soiled or incomplete could call into question the responsibility of the Customer by the Company under the conditions of Article L221-23 of the Consumer Code.
To notify its decision to withdraw, the Purchaser may use the withdrawal form at the bottom of these General Terms and Conditions of Sale (see “ANNEX 1”) or any other unambiguous declaration. This request must be sent to customer service by email at the following email address: contact@anwa-origin.com
Reimbursement may be made by crediting the bank card within a maximum period of 14 days from receipt by ANWA of the Products returned by the Customer under the conditions provided for in this article.
The Customer will be reimbursed by crediting the bank card, as soon as possible and at the latest within fourteen (14) days from the receipt, by ANWA, of the Products returned by the Customer, provided that ANWA has received the Product (s) in perfect condition, in their original packaging (s) and with all of their accessories.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining the responsibility of the Customer. The original shipping costs will only be refunded if the entire order is returned.
However, in accordance with article L.221-28 of the Consumer Code, the provisions of this article do not apply:
– Products made to the Customer’s specifications or clearly personalized;
– Products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
ARTICLE 8: PRODUCT GUARANTEE
8.1 Applicable provisions
Products sold by ANWA benefit from a legal guarantee of conformity of two (2) years from their delivery or collection. ANWA is, therefore, liable for any lack of conformity of said Products. The Products supplied by ANWA benefit as of right and without additional payment, regardless of the right of withdrawal, and in accordance with legal provisions:
– the legal guarantee of conformity (art. L.217-1 to L217-14 of the Consumer Code), for Products apparently defective, damaged or damaged or not corresponding to the order,
– the legal guarantee against hidden defects (art. 1641 to 1649 of the Civil Code) resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
And this, under the conditions and according to the modalities referred to in the box below.
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
* Benefit from a period of two years from the delivery of the Product to take action against ANWA
* Can choose between repair and replacement of the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
* Is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product (this period is six months for Products sold second-hand, if applicable).
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale and a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform ANWA, in writing, of the non-conformity of the Products or of the existence of hidden defects and return or bring back to the store the defective Products in the condition in which they were received. with all the elements (accessories, packaging, instructions, etc.).
ANWA will reimburse or have repaired any Products or parts under warranty found to be nonconforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and no later than 14 days following the Company’s finding of the lack of conformity or the hidden defect.
The reimbursement will be made by crediting the Customer’s bank account. ANWA cannot be held responsible in the following cases:
– non-compliance with the legislation of the country to which the Products are delivered, which it is up to the Customer to verify;
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
ANWA’s guarantee is, in any case, limited to the reimbursement of non-conforming Products or those affected by a defect.
ANWA reserves the right, before responding to the Customer’s complaint, to have a person appointed by it verify on site the merits of its complaint and, in particular, to examine whether the planting and the care of maintenance have been carried out correctly. ANWA’s liability for the Products delivered, including under the applicable contractual or legal guarantees, is limited to the price of the defective or non-compliant Products. ANWA cannot be held liable for compensation for indirect damage or any other financial loss suffered by the Customer or a third party.
8.2 Warranty conditions
Only repair can be requested. Reimbursement can be requested if repair is impossible.
Invoking the warranty does not lead to any extension of the warranty period.
Making use of the guarantee does not give the right to any damage and interest.
The guarantee can only come into play on presentation of the invoice.
The warranty is limited to one item per customer.
ARTICLE 9: LIMITATION OF LIABILITY
9.1: Force majeure
The occurrence of an event constituting force majeure within the meaning of case law and article 1218 of the Civil Code will result in the suspension of the obligations weighing on ANWA. This non-performance of the contract cannot engage the responsibility of ANWA. By express agreement, constitutes a case of force majeure: natural phenomena beyond the control of one or the other of the Parties (drought, frost, hail, fire, flood, etc.).
9.2: Use of the Website
The navigation on the Site www.anwa-origin.com is the sole responsibility of the users. ANWA cannot be held responsible for breakdowns, errors, computer viruses which could hinder the continuity of access to its Site, nor for any direct or indirect damage, in particular malfunctions in the computer installation of users that may be observed. following access to the Site.
ARTICLE 10: PROTECTION OF PERSONAL DATA
ANWA collects the Customer’s personal data as well as, where applicable, that of the recipient of the Order.
It is recalled that the personal data requested from the Customer are necessary for the processing of his Order and the establishment of invoices, in particular.
This data may be communicated to any ANWA partners responsible for the execution, processing, management and payment of Orders.
The processing of information communicated through the Site meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with the Regulations on the Protection of Personal Data (law “Informatique et Libertés”, European Regulation on Data Protection of April 27, 2016 and any national law that must supplement it), any person whose data is subject to a processing has a right of opposition for legitimate reasons, a right of access, as well as a right of rectification, limitation or deletion of information concerning him which is no longer relevant, a right to portability, a right of opposition at any time in the context of an opposition to the use of data for commercial purposes, as well as a right to communicate directives relating to the fate of his data after its death. These rights can be exercised according to the terms indicated in the Site’s privacy policy.
ARTICLE 11: RESERVE OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of ANWA’s Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of ANWA.
ARTICLE 12: INTELLECTUAL PROPERTY
All the elements published on the Site www.anwa-origin.com such as, and without this list being exhaustive, images, photographs of atmospheric settings, cutout photographs, videos, graphic charter, sound elements constituting the Site, logos, brands, domain names, texts, typographies, belong to ANWA and constitute works protected by the provisions of the Intellectual Property Code.
ANWA holds all the intellectual property rights on its products and, more generally, on the brands, illustrations, images and logos reproduced on its articles, their accessories or their packaging. They are and remain the exclusive property of ANWA, with the exception of the rights held by its partners and / or suppliers over their products, brands and logos presented on the Site. Any total or partial reproduction, any modification and / or any use of these images, background photographs, cutout photographs, videos, graphic charter, sounds, logos, products, brands, domain names, texts, typography, for any reason and in any medium whatsoever, without the express prior consent of ANWA, is strictly prohibited. The creation of derivative works from these images, photographs of settings, cutout photographs, videos, graphic charter, sounds, logos, products, brands, domain names, texts, is strictly prohibited. ANWA owns all copyrights in its designs, models and patents which are owned by ANWA.
No assignment of intellectual property rights is made here. Any reproduction, even partial, modification or use of these elements protected by a private right for any reason whatsoever is strictly prohibited and will constitute an act of infringement punishable by criminal law and civil law.
ARTICLE 13: LANGUAGE OF THE CONTRACT
For the convenience of customers, the Site and the GCS are available in two languages: French and English. However, in the event of a contradiction between the French version and the English version, the French version shall prevail. Only the French version of the General Conditions of Sale is binding between the Parties.
ARTICLE 14: COMPLAINTS – INFORMATION
For any information, complaint or question relating to the General Conditions of Sale implemented by ANWA or to the items themselves, Customers should contact ANWA customer service on the Site via the “Contact” form, recalling the case. their Order number.
ARTICLE 15: MISCELLANEOUS
15.1: PROOF
Electronic emails will prevail between the parties as will the automatic recording systems used, in particular in the context of a dispute.
15.2: No waiver
The fact that one of the Parties has not required the application of any clause of these General Conditions of Sale, whether permanently or temporarily, can in no case be considered as a waiver of the rights of this Part arising from the said clause.
15.3: Partial invalidity
If one or more stipulations of these General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
ARTICLE 16: DISPUTES – APPLICABLE LAW
16.1: Applicable law
These General Conditions of Sale are subject to French law. Any dispute relating to the execution hereof will fall under the exclusive jurisdiction of the French courts.
16.2: Disputes
The User remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable solution or recourse to mediation, all disputes to which the General Conditions of Use could give rise will be submitted to the competent court of the User’s domicile.
The fact that one of the Parties does not invoke with the other Party a breach of any of its obligations referred to in these General Conditions of Use, cannot be interpreted for the future. as a waiver of the obligation in question.
ANNEX 1: Cancellation form
(Please complete and return this form only if you wish to withdraw from the contract).
To the attention of ANWA customer service at the following email address: contact@anwa-origin.com
Subject: Exercise of the right of withdrawal
Attention ANWA Customer Service
I / We [*] hereby notify / notify you [*] of my / our [*] withdrawal from the contract for the sale of the property [*] / for the provision of the service [*] below:
– Well ___[référence] _____________
– Ordered on [*] / received on [*]: ______________
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this form is notified on paper)
– Date
[*] Delete the unnecessary mention.