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Terms of sale

Preamble

These general terms and conditions of sale apply to all sales concluded on the Anne-Sophie d'Amiens website.
 
The website www.annesophiedamiens.com is a service of :
   - L'entreprise individuelle Anne-Sophie d'Amiens - located 265,rue d'Estienne d'orves 92700 colombes, France - website URL address: www.annesophiedamiens.com - e-mail: contact@annesophiedamiens.com - telephone number: 0670616137 The Anne-Sophie d'Amiens website sells the following products: women's clothing.
The customer declares having read and accepted the general terms and conditions of sale prior to placing an order. Validation of the order therefore implies acceptance of the terms and conditions of sale.


Article 1 - Principles

These general terms and conditions express the entirety of the obligations of the parties. The purchaser is therefore deemed to accept them without reservation.
These terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are available on the Anne-Sophie d'Amiens website and shall prevail, where applicable, over any other version or contradictory document.
The seller and the buyer agree that the present terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale should be lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These terms and conditions are valid until December 31, 2022.


Article 2 - Content

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the Anne-Sophie d'Amiens website.
These terms and conditions apply only to purchases made on the Anne-Sophie d'Amiens website and delivered exclusively in mainland France or Corsica. For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: contact@annesophiedamiens.com.
These purchases concern the following products: women's clothing.


Article 3 - Pre-contractual information

The purchaser acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with the present terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.
 
The following information is provided to the purchaser in a clear and comprehensible manner:
- the essential characteristics of the good; - the price of the good and/or the method of calculating the price; - where applicable, any additional transport, delivery or postage charges and any other possible charges payable; - in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the good, whatever its price;
- information concerning the seller's identity, postal, telephone and electronic contact details, and its activities, as well as information concerning legal warranties, the functionalities of digital content and, where applicable, its interoperability, the existence and implementation of warranties and other contractual conditions.

Article 4 - Ordering

The purchaser may place an order online, from the online catalog and using the form provided therein, for any product, subject to availability.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept the present terms and conditions by clicking on the appropriate link. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final: - after the seller has sent the buyer confirmation of acceptance of the order by e-mail; - and after the seller has received payment in full.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
For any questions relating to the tracking of an order, the buyer may call the following telephone number: 0670616137 (cost of a local call), on the following days and at the following times: Monday to Saturday, 10am to 7pm, or send an e-mail to the seller at the following e-mail address: contact@annesophiedamiens.com.


Article 5 - Electronic signature

The on-line provision of the purchaser's credit card number and the final validation of the order shall constitute proof of the purchaser's agreement: - that the sums due under the purchase order are payable; - that all operations carried out have been signed and expressly accepted.
In the event of fraudulent use of a bank card, the purchaser is invited to contact the seller on the following telephone number: 0670616137.


Article 6 - Order confirmation

The seller will provide the buyer with an order confirmation by e-mail.

 
Article 7 - Proof of transaction

Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.


Article 8 - Product information

The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.
Product photographs are not contractual.


Article 9 - Prices

The seller reserves the right to modify its prices at any time, but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, notably environmental, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the products.


Article 10 - Method of payment

This is an order with a payment obligation, which means that placing the order implies payment by the purchaser.
In order to pay for the order, the purchaser may choose from all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Payment must be made in full on the day the order is placed, using the following methods:
- credit card - paypal


Article 11 - Product availability - Refunds - Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Delivery times run from the order registration date indicated on the order confirmation e-mail.
For deliveries in Metropolitan France and Corsica, the delivery time is 3 to 5 working days from the day following the day on which the buyer placed the order, according to the following methods: collissimo. At the latest, the delivery time will be 30 working days after the conclusion of the contract.
For deliveries to French overseas departments and territories or other countries, delivery terms will be specified to the purchaser on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the purchaser must, before breaking the contract, request the seller to perform within a reasonable additional period.
In the event of failure to comply by the end of this new period, the purchaser may freely terminate the contract.
The buyer must carry out these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.
The contract will be considered terminated on receipt by the seller of the letter or writing informing him of such termination, unless the professional has performed in the meantime.
The purchaser may, however, terminate the contract immediately if the above dates or deadlines constitute an essential condition of the contract.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was cancelled.
In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.


Article 12 - Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.
Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and time indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The buyer must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.
This verification is considered to have been carried out once the purchaser, or a person authorized by the purchaser, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receiving the item(s), and send a copy of this letter by fax or ordinary mail to the seller at the address given in the site's legal notice.
If products need to be returned to the seller, a request for their return must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).


Article 13 - Delivery errors

The purchaser must notify the vendor on the day of delivery, or at the latest on the first working day following delivery, of any claim of delivery error and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.
Claims may be made, at the purchaser's option: - by telephone to the following number: 0670616137; - by e-mail to the following address: contact@annesophiedamiens.com.
Any claim not made in accordance with the rules set out above and within the specified time limits will not be taken into account and will release the seller from all liability towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 265, rue d'Estienne d'Orves, 92700 Colombes.
Return shipping costs are at the seller's expense.


Article 14 - Product warranty

14-1 Legal warranty of conformity The seller is responsible for the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal warranty of conformity provided for in articles L. 217-3 et seq. of the French Consumer Code.
In the event of a claim under the legal warranty of conformity, it should be noted that: - the purchaser has a period of 2 years from the date of delivery of the good to take action; - the purchaser may choose between repair or replacement of the good, subject to the cost conditions stipulated in article L. 217-17 of the French Consumer Code; - the purchaser does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (12 months in the case of second-hand goods), following delivery of the good.
 
14-2 Legal warranty against hidden defects In accordance with articles 1641 et seq. of the French Civil Code, the seller is responsible for any hidden defects that may affect the goods sold. It is up to the purchaser to prove that the defects existed at the time of sale and are such as to render the good unfit for its intended use. This warranty must be invoked within two years of discovery of the defect.
The buyer may choose between rescission of the sale or a reduction in the price, in accordance with article 1644 of the French Civil Code.


Article 15 - Right of retraction

Application of the right of retraction In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of his order to return any item which does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the purchaser.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.
Return shipping costs are at the buyer's expense.
The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions
According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; - the supply of goods made to the consumer's specifications or clearly personalized; - the supply of goods likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; - the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency; - supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; - the supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.


Article 16 - Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure" means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties, which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.


Article 17 - Intellectual property

The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.


Article 18 - Information Technology and Civil Liberties

The nominative data supplied by the purchaser are necessary for the processing of the order and the preparation of invoices.
It may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the Anne-Sophie d'Amiens website.


Article 19 - Partial non-validation

If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.


Article 20 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.


Article 21 - Headings

In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.


Article 22 - Language of the contract

These general terms and conditions of sale are drawn up in the French language. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.


Article 23 - Mediation and settlement of disputes

The purchaser may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator's name, contact details and e-mail address are available on our website.
 
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.


Article 24 - Applicable law

These terms and conditions are governed by French law. The competent court shall be the judicial court.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.


Article 25 - Protection of personal data

Data collected
The personal data collected on this site is as follows:
- account opening: when a user's account is created, the user's surname, first name, e-mail address, telephone number and postal address are recorded; - connection: when a user connects to the website, the user's surname, first name, connection data, usage data, location data and payment data are recorded; - profile: when using the services provided on the website, a profile is created, which may include an address and telephone number; - payment: in the context of payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card; - communication: when the website is used to communicate with other members, data relating to the user's communications is temporarily stored;- cookies: cookies are used for site use. Users can deactivate cookies using their browser settings.

Use of personal data
Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, the uses are as follows:
- access to and use of the web site by the user; - management of the operation and optimization of the web site; - organization of the conditions of use of the Payment Services; - verification, identification and authentication of data transmitted by the user; - offering the user the possibility of communicating with other users of the web site; - implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history and preferences; - prevention and detection of fraud, malware (malicious software) and management of security incidents; - management of any disputes with users; - sending of commercial and advertising information, according to the user's preferences.

Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third-party banking and financial companies with which it has contracts; - when the user publishes, in the free comment areas of the website, information accessible to the public; - when the user authorizes a third-party website to access his/her data; - when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in the course of providing these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data in order to respond to claims made against the website and to comply with administrative and legal proceedings;- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

Security and confidentiality
The website 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 website cannot guarantee the security of the transmission or storage of information over the Internet.

Implementation of users' rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: contact@annesophiedamiens.com.
   - right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
   - the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
   - the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
   - the right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the RGPD.
   - the right to object to data processing: users may object to their data being processed in accordance with the assumptions set out in the RGPD.  
   - the right to portability: they may request that the website hand over the personal data provided to it for transmission to a new website.
Changes to this clause The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to the present personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she may delete his/her account.

Appendix:
Withdrawal form
(to be completed by the consumer, and sent by registered letter with acknowledgement of receipt, within a maximum of 14 days from the date of conclusion of the service contract)
Withdrawal form For the attention of :
Anne-Sophie d'Amiens located at : 2, avenue des Landes, 47310 Brax, France
telephone number: 0670616137
e-mail address: contact@annesophiedamiens.com


I hereby notify you of my withdrawal from the contract concerning ....................., ordered on: .........
 
Consumer's first and last name: .................
Consumer's address: .................
 
Date: ..................
 
Consumer's signature



ARTICLE 3 : Legal information

The www.anne-sophiedamiens.com website is published by D'amiens Roudine Anne-Sophie And Co, a company with share capital of €1,000 whose registered office is located at 265 Rue d'Estienne d'Orves, 92700 COLOMBES.
The host of the website Www.anne-sophiedamiens.com is the company Wix
Wix Online Platform Limited
Address: 1 Grant's Row, Dublin 2 D02HX96, Ireland.


ARTICLE 4: access to services

The site provides the User with free access to the following services:
    - Consulting content
    - Booking appointments

The site is accessible free of charge from any location to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User's expense.
The site makes every effort to ensure quality access to its services. As the obligation is one of means, the site does not undertake to achieve this result.
www.anne-sophiedamiens.com shall not be held liable for any force majeure event resulting in network or server malfunction.
Access to the site's services may be interrupted, suspended or modified at any time without notice for maintenance or any other reason. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.
The User may contact the site using the contact form provided for this purpose.


ARTICLE 5: Intellectual property

Trademarks, logos and all other elements and content appearing on the Site are the property of Anne-Sophie d'Amiens and are protected worldwide by copyright and intellectual property laws.
Their reproduction, even partial, is strictly forbidden without the prior and express authorization of Anne-Sophie d'Amiens.
Under the same conditions, the User is granted strictly private use.
Any reproduction or other use constitutes an infringement and is punishable as such under the Intellectual Property Code.


ARTICLE 6 : Personal data

The information requested when registering on the site is necessary and obligatory for the creation of the User's account. In particular, the e-mail address may be used by the site for the administration, management and animation of the service.
The site ensures that the User's personal information is collected and processed in compliance with the French Data Protection Act no. 78-17 of January 6, 1978.
Pursuant to articles 48 et seq. of law no. 78-17 relating to information technology, files and freedoms dated January 6, 1978, rewritten by order no. 2018-1125 of December 12, 2018 applicable as of June 1, 2019, the User has the right to access, rectify, delete and object to his/her personal data. The User exercises this right via:
    - a contact form ;
    - by post to 2, avenue des Landes, 47310 Brax, France.


ARTICLE 7: Liability and force majeure

The sources of the information published on the site are deemed reliable. However, the site reserves the right not to guarantee the reliability of sources. The information provided on the site is for information purposes only. The User therefore assumes sole responsibility for use of the information and content on this site.
The User is responsible for keeping his/her password secret. Any disclosure of the password, in whatever form, is forbidden.
The User assumes all risks associated with the use of his/her login and password. The site declines all responsibility.
Any use of the service by the User resulting directly or indirectly in damage will be subject to indemnification by the site.
The site cannot guarantee optimal security and confidentiality of transmitted data. However, the site undertakes to use all necessary means to guarantee data security and confidentiality to the best of its ability.
The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.


ARTICLE 8 : Hypertext links

Outgoing hypertext links are present on the site. However, www.anne-sophiedamiens.com cannot be held responsible for the content of the web pages to which these links lead.
The User therefore refrains from holding the site responsible for the content and resources relating to these outgoing hypertext links.


ARTICLE 9 : Evolution of the contract

The site reserves the right to modify the clauses stipulated in the present contract at any time.


ARTICLE 10 : Duration

The duration of the present contract is indefinite. The contract takes effect with regard to the User from the time of use of the service.


ARTICLE 11: Applicable law and jurisdiction
`
These terms and conditions are governed by French law.
Any dispute relating to the formation, conclusion, validity, interpretation, performance or termination of the present contract shall fall within the exclusive jurisdiction of the Commercial Court of Nanterre, notwithstanding multiple defendants or the introduction of third parties.

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