Generales Conditions of sale:
The online shop of the site Afro-cosmetiques.com was organized by the compny Afro-cosmetiques.com which is the developer of this site. Any taking of order in conformance with a product appearing within the online shopof the Web site Afro-cosmetiques.com supposes the preliminary consultation of the present general conditions. As a consequence, the consumer recognizes to be perfectly informed about the fact that his agreement concerning the contentsof the present general conditions does not require the handwritten signature of this document, as far as the customer wishes to order on line products presented within the framework of the shop of the Web Site. The consumer incline the faculty to protect or to edit the present general conditions, being clarified that so much the protection which the condition of document find from its only responsability. The consumer, before his order declares that the acquistion of these products is witout direct relation ship with is professional activity, their acquiqition being reserved for a personal use of its part. As consumer, the customer thus has specific rights, which would be questioed in the hypothesis where products or services acquired within the framework of the Web Site would really have a relation ship ith its professional activity. The online shop organiezd by the company Afro-cosmetiques.com within the framework of the web site mentions the followies informations:
Legal note allowing an identification clarifies the company Afro-cosmetiques.com presentation of the esential characteristics of the proposed properties indication in Euro of the price of the properties, as well as if necessary, the expenses of delivery indication of the terms of payment, delivery, or execution the existence of a right of retraction the duration of validity of the offer price the conditions of termination of the contract.
The consumer declares to have the full legal capacity allowing him (her) to make a commitment in conformance with the present general conditions:
Article 1: Completeness
The present general conditions express the completeness of the obligtions of the parties. This way, the consumer is considerd for accepting without reserve the completeness of capacities plannes in these general conditions. No general or specific condition appearing in documents sent or put back by the consumer can become integrated into the presen since these documents would be incompatible with these.
Article 2: Object
The present general conditions have for object to define the rights and the obligations of the parties within the framework of the on-line sale of the properties and the servives proposed by the company Afro-cosmetiques.com to the consumer.
Article 3: Contractuel Documents
The present contract is formed by the following, presented contractual documents in order hierarchical lessening: the present general conditions, the order form. In case of contradiction between capacities contained in the documents of different rank,the measures of the document ofthe document of superior rank prevail.
Article 4: Come into effect- lasted
The present general conditions come into effect in the date of signture of the order form. The present general conditions re concluded for duration necessary fot the supply of the properties and signed services, until the extinction of guarantees dues by the company Afro-cosmetiques.com.
Article 5: Electronic Signature
The "double click" of the consumer in conformance with he order form constitutes an electronic signature which has between the parties, the same value as a handwritten signature.
Article 6: Confirmation of order
The contactual information will be the object of a confirmation sees of e-mail at the latest at the time of deliveary or in defect, in the addressindicated by the consumer within the order from.
Article 7: Proof of the transaction
Registers computerized, kept in the computer systems of the company Afro-cosmetiques.com in reasonable conditions of safety, will be considered as the proofs of the communications, theorders and payments intervened beween the parties. The filing of order forms and invoices is made on a reliable and long- Lasting support which acn be produced as proof.
Article 8: Information on products
►The compagny Afro cosmetiques.com presents on its website products to be sold with the necessary characteristics which allow to respect the Article L 111.1 of the Code of the consumption, which the possibilities for the potential consumer plans to knowbefore the taking of definitive order the essential characteristics of the products which he wisher to buy.
►The offers presented by the company Afro-cosmetiques.com are valid only within the limits of available stocks.
Article 9: Prices
The prices are indicated in Euro and are valid only ine the date of the sending of the order form by the consumer. They do not te into account expenses of delivery, charged in supplement and indicated before the validation of the order. The prices take into account of the applicable VAT in the day of the order and any change of the applicable rate the VAT will automatically be echoed on the price of the products of the shop.
Article 10: Method of payment
To settle his order has, in his choice, all the payments conditions aimed within the order form. The consumer guarantees the company Afro-cosmetiques.com that he arranges authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. The company Afro-cosmetiques.com reserves the right to susend any management of order and any delivery in case of refusal of authorization of payment. The company Afro-cosmetiques.com reserves in particular the right to refuse to make a delivery or to honor a order emanating from a consumer who would not have totally adjusted or with whom a dispute of payment would be in the course of administration. The company Afro-cosmetiques.com set up a procedure of check of the orders intented to assure that no person uses the banking address and phone number of another person without him/her knowing. Within the framework of the check, it will be asked to the consumer to send by fax to the company Afro-cosmetiques.com a copy of an ID card as well as a documentary evidence of place of residence. The command will be validated only after reception and check by our services of the ent pieces.
Article 11: Availibliy of products
The order will be executed at the atest within 3 days as from day according to that when the consumer placed his orde. In case of unavailability of the ordred product, in particular beacause of our suppliers, the consumer will be informed it as soon as possible and will have the possibility of cancelling his order. The consumer will have then the choice to ask or the repayment of the sums paid in them.
Article 12: Modalities of delivery
Products are delivered to the address indicated by the consumer on the order.The consumer is anxious to verify the state of the packaging of the goods in the delivery and to indicate the damages due to carroer on the delivery order, as well as the company Afro-cosmetiques.com within one week. The consumer can in his demand, obtain the sending of an invoice in the billing address and not the delivery address by validating the option planned for that purpose on the order from. As regards the shipping we work essentially with "Colissimo suivi". As soon as we proceed to a sending, you relieve at once an e-mail by informing you.
THE POST OFFICE.
To reduce at most the transports costs, all the products of weak or average dimensions are sent by a service of the post office "Colissimo Suivi". Besides the fact of being economic, this service delivers in 48 hours in all France and offers you the possibility of getting back products ordered you post office close to the delivey address in case of absence of the place of initial delivery during the presentation of the mailman. Concretely, if you are absent the day of the delivery your mailman leave you a callind card in your mailbox, which will allow you to remove your parcel to your post office during the opening hours, within 15 days . "Colissimo Suivi" is a very reliable service. However its possible as in any shipping, that he can have a delay in deivery there or that the product get lost. In case of delay in delivery with regard to the date when we indiacate to you in the e-mail of shipping, we ask you to indicate us this delay by calling us or sending us an e-mail. We shall contact then the post office to make start an investgation. A investigation losts can last until 21 days as from the dae of the beginning of the investigation. If during this period, the product is found, it will be rerouted. If on the other hand the product is not found at the coclusion of the period of 21 days of investigation , the post office considers the parcel as lost . It is only at this moment when we can send back to you a product of replacement at yous expenses. If one or several ordered products were not available any more at the moment, we would pay off to you the amount of products concerned by the loss of the carrier. If one or several products were still available, but had changed selling prices on the site , we would apply the new selling prices, either by paying off you by check the difference, or by asking for an additional check concerning this price difference.
We decline any responsability as far the elongation of delivery deadlines because of the carrier,in particular in case of loss of products or strike.
Article 13: Problems of delivery beacause of the carrier
Any abnormality concerning the delivery ( average, product missing with regard to the delivery order, the daages parcel, rodued broken) must be necessarily indicated on the delivery order in the form of " handwritten reserves", accompanied with the signature of the customer. The customer will have to confirm at the same time this abnormality by sending the carrier inthe next two(2) working days he delivery date a mail recommended with acknowledgement of receipt explaining the aforementioned complaints. The consumer will have to pass on copy of this mail by fax or by simple mail in Afro-cosmetiques.com 21 rue des Tilleuls 57100 Manom
Articles 14: Errors of delivery
►The consumer will have to formulate withthe company Afro-cosmetiques.com that very day of thedeliry or at latest the working day following the delivery, any complaint of error of delivery and/ or non- compliane of appearing on the order form. Any complaint formulated beyond this period will be rejected
►The formulation of this complaint with the company Afro-cosmetiques.com can be made: first and foremost by telephone in 03 82 34 91 94 from monday till friday from 9 am till 12 o' clock, by connecting you on ou site in the section " follow your order" where having entering your customer's number, you can ask us your question through the menu to contact prcisant well the reference of the order
►Any complaint not made in rules defined above and within the time limits alloed cannot be taken into account and will loosen the company Afro-cosmetiques.com of any responsability face to face of the customer.
►Has reception of the complaint, the company Afro-cosmetiques.com attribute a number of exchange for one or several product(s) concerned(s) and will communicate it by e-mail, by fax or by telephone to the consumer. The exchange of product can take place only after the attribution to the consumer of a number of exchange according to the step presented above.
►In case of error of delivery or exchange, every product to be exchanged to be paid off must have returned to the company Afro-cosmetiques.com in general and in its original packing in "colissimo recommandé" at the following: Afro-cosmetiques.com Servive Return 21 rue des Tilleuls 57100 Manom; To be accepted, any return must be beforehand indicated to the customer service of the compant Afro-cosmetiques.com. The expenses of sending are chargeable to the company Afro-cosmetiques.com, safe in case it would turn out that the taken back product does not correspond to the statement of origin made by the consumer in the check of return
Article 15: Guarantee of products
According to the article 4 of the decree n° 78-464 of the Marche 24th, 1978, the measures of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequencesof the latent defects of the sold thing. The consumer is expressly informed that the compant Afro-cosmetiques.com does not produce products presented within the framework of the Web site, in the sense of the law n° 98- 389 of May 19th, 1998 relative to the responsability because of the defective products. As a consequence, in case of damages caused for one person or in the good by a defect of the product, only the responsibility of the producer of this one can be looked for by the consumer, on the basis of the information appearing on the packaging of the aforementioned product. The conditions and the duration of guarantee producer are indicated on product sheets. Considering the frequency of renewal of the constituents(components) of the technical products, Afro-cosmetiques.com can, on inquiry, inform the consumer of the availability of the spare parts of the proposed products and the modalities to get them itself possibly.
Article 16: The right of retraction
The consumer has a period of 10 working days to return, at his expenses, products not being convenient for him(her). This period runs as from the day of the delivery of the commandof the consumer. If this period expires one Saturday, one Sunday or a holiday or day off, it is extended until the next first working day. Any return must be beforehand indicated with the Customer service of the company ' Afro-cosmetiques.com: - first and foremost by telephone in 03 82 34 91 94 from Monday till Friday from 9 am till 12 am, - by connecting you on our site in the section " follow your order " where, having entered your customer's number, You can obtain your number of command. The product must have returned to Colissimo Recommandé to ' Afro-cosmetiques.com , 21 Rue des Tilleuls 57100 MANOM.
Products, must not have been unsealed, so that the consumer can benefit from the right of retraction.
Only will be taken back products sent back in their set, in their complete and intact original packing, and in perfect state of resale. Everything produces which will have been damaged, or whose original packing will have been damaged, will be neither paid off nor will exchange.
This right of retraction is applied without penalty, with the exception of the expenses of return. In the hypothesis of the exercise of the right of retraction, the consumer has the choice to ask either for the repayment of the paid sums, or for the exchange of the product. In the case of an exchange, the re-expedition will be made at the expense of the consumer.In case of excercice of the right of retraction, the company Afro-cosmetiques.com will make all the efforts to pay off the consumer within 15 days. However, considering the technical character of the sold products, this period can be spread in 30 days, in particular when the product needs a technical check (cf produced that must be beforehand tested).
The consumer will then be paid off by recrédit of her bank account ( secure transaction) in case of payment by bank card, or by check in the other cases.
Article 17: Rights to use
The right(law) of use of the documents of the company Afro-cosmetiqes.com, as well as those distributed by her, is granted to the consumer with not exclusive, personal and not contagious title, according to the Code of the Intellectual property. However, in conformance with the Article L122-6-1 of this Code, the consumer has an exclusively personal reproduction right. . In any case, the author keepsa property right on his work, which the consumer makes a commitment to respect.
Article 18: force majeure
None of both parts will have failed in its contractual obligations, as far as their execution will be delayed, hindered or prevented by a coincidence or a force majeure. Any irresistible facts or circumstances, foreign the parts unpredictable, inevitable, independent from the will of the parts will be considered as coincidence or and which cannot be prevented by these last ones, in spite of all the efforts reasonably possible. The part got by such circumstances will inform the other one about it in ten working days according to the date in which it will have had knowledge of it. Both parts will get closer then, within one month, except impossibility due to the case of absolute necessity, to examine the incidence of the event and agree of conditions in which the execution of the contract will be pursued. If the major case of strength has a duration three-month-old superior, the present general conditions can be cancelled by the injured party. In a express way, are considered as cases of absolute necessity or coincidences, besides those usually heldby the case law of the prices and the French courts: the blocking of the means of transportation or supplies, earthquakes, fires, storms, floods, lightning; the stop(ruling) of the telecommunication networks or the difficulties appropriate(clean) for the external telecommunication networks to the customers.
Article 19: partial not validation
If one or several conditions of the present general conditions are considered as valid or declared some in application of a law, a payment or following a definitive decision of a competent jurisdiction, the other conditions will keep all their strength and their reach.
Article 20: not renunciation makes It for one of the parts not take advantage of a neglect by the other part in the one some of the obligations aimed in the present general conditions would not know how to be interpreted for the future as a renunciation of the obligation(bond) in cause.
Article 21: title
In case of difficulty of interpretation enters the one some of the titlessecurities appearing at the head of clauses, and the one some of the clauses, the titles will be declared non-existent.
Article 22: applicable Law
The present general conditions are subjected to the French law. It is there so for the rules of collection(capital,fund) as for the rules of shape. In case of dispute or of complaint, the consumer will address first and foremost the company Afro-cosmetiques.com to obtain an amicable solution.
Article 23: computing and Liberties
The information which are asked to the consumer are necessary for the treatment of its command(order) and can be communicated to the contractual partners of the company Afro-cosmetiques.com occurring within the framework of the execution of this order. The consumer can write to the company Afro-cosmetiques.com address and phone number of which(coordinates of which) are within the charter of confidentiality appearing within the framework of the Web site, to oppose to such a communication, or to exercise his(her,its) rights of access, rectification towards the information concerning him(it) and appearing in the files of the company Afro-cosmetiques.com, in the statutory conditions of January 6th, 1978.
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