GENERAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE
Effective from 04/01/2021
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the site https://www.pureaquitaine.fr. The Products offered for sale on the site are as follows:
solid cosmetic soaps, liquid cosmetic soaps, oils, balms, accessories, household products and detergents, home fragrances
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://www.pureaquitaine.fr which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These T&Cs are accessible at any time on the website https://www.pureaquitaine.fr and will prevail over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the site https://www.pureaquitaine.fr.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Trade Name: Pure Aquitaine
Company Name: Natures d’Aquitaine, SAS
Share capital of 10,000 euros
Registered with the RCS of AGEN, under number 891939753
1970 route de Queyssel 47410 LAUZUN
Email: contact@pureaquitaine.fr
Phone: 0524301055
Intra-Community VAT number 66891939753
ARTICLE 2 - Prices
The Products are supplied at the current prices appearing on the site https://www.pureaquitaine.fr, when the order is registered by the Seller.
Prices are expressed in Euros, excluding and including VAT.
The prices take into account any reductions that may be granted by the Seller on the site https://www.pureaquitaine.fr.
These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select on the site https://www.pureaquitaine.fr the Products that he wishes to order, according to the following terms:
The Customer selects a Product and places it in their shopping cart. The Customer may modify or delete this product from the cart before confirming their order and accepting these terms and conditions of sale. The Customer will then enter their contact information or log in to their customer area. The Customer will then select their delivery method. After confirming the information, the order will be considered final and will require payment by credit card.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the site https://www.pureaquitaine.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and exact information concerning his civil status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. It is specified that they can modify it by logging into their account.
To access their personal space and order history, the Customer must log in using their username and password, which will be provided to them after registration and which are strictly personal. As such, the Customer is prohibited from disclosing them. Otherwise, they will remain solely responsible for their use.
The Customer may also request to unsubscribe by visiting the dedicated page in their personal space or by sending an email to: contact@pureaquitaine.fr. This will be effective within a reasonable timeframe.
In the event of non-compliance with the general conditions of sale and/or use, the site https://www.pureaquitaine.fr will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the Client's personal information.
The Seller shall not be liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
Creation of the account entails acceptance of these general conditions of sale.
ARTICLE 4 - Payment conditions
The price is paid by secure payment, according to the following terms:
· payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the site https://www.pureaquitaine.fr.
Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.
The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in mainland France.
Deliveries will be made within 5 days to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or in the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above.
If the ordered Products have not been delivered within 7 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
The Customer is required to check the condition of the delivered products. He has a period of 14 days from delivery to make complaints in writing, accompanied by all relevant supporting documents (photos in particular). After this period and if these formalities have not been complied with, the Products will be deemed compliant and free from any apparent defect and no complaints may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
The transfer of risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril unless the Customer has chosen the carrier himself. As such, the risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of article L221-18 of the Consumer Code “
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
The right of withdrawal may be exercised using the attached withdrawal form (Annex 1) or any other unambiguous declaration expressing the desire to withdraw, in particular by post addressed to the Seller at the postal address indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
Return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 - Seller's Liability - Guarantees
The Products supplied by the Seller benefit from:
· of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
· the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”
Article 1641 of the Civil Code.
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
Article L217-16 of the Consumer Code.
"When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention."
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.
The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:
· non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
· 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.
· The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of personal data
Personal data collected on the site https://www.pureaquitaine.fr
are as follows:
Opening an account
When creating the Client/user account:
Names, first names, postal address, telephone number and email address.
Payment
As part of the payment for the Products offered on the site https://www.pureaquitaine.fr, the latter does not record financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are):
· Transport providers
· Payment institution providers
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and User Rights
In accordance with the regulations applicable to personal data, Customers and users of the site https://www.pureaquitaine.fr have the following rights:
· They can update or delete data concerning them in the following ways:
- To modify their personal data, they can log in to their online account on the website https://pureaquitaine.fr
- To delete their personal data, they must submit a request by email to contac@pureaquitaine.fr. The deletion will be completed within 7 days of receiving the email.
· They can delete their account by writing to the email address contac@pureaquitaine.fr
· They can exercise their right of access to know the personal data concerning them by writing to the address contac@pureaquitaine.fr
· If the personal data held by the Seller is inaccurate, they can request that the information be updated by writing to contac@pureaquitaine.fr
· They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”
· They may also request the portability of data held by the Seller to another service provider.
· Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Client's request, reasons must be given.
The Client is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box to agree to receive informational and advertising emails from the Seller. The Customer may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the site https://www.pureaquitaine.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.
ARTICLE 12 - Disputes
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.
The Client is informed that he may in any event resort to conventional mediation, through existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is
Consumer mediator:
Professional Mediation Company
www.mediateur-consommation-smp.fr
24 rue Albert de Mun - 33000 Bordeaux
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded pursuant to these General Terms and Conditions and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
ANNEX I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.pureaquitaine.fr except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of SAS, Natures d'Aquitaine
1970 Queyssel road
47410 Lauzun
I hereby notify the withdrawal of the contract relating to the goods below:
- Order dated (indicate date)
- Order number: ...........................................................
- Client Name: ...........................................................................
- Customer Address: .......................................................................
Customer Signature