ARTICLE 1 - SCOPE
hese General Terms and Conditions of Sale ("T&Cs") apply, without restriction or reservation, to all sales concluded by the company Pompes Funèbres Baigeroari, headquartered at Lotissement Geltoki in 64430 Saint-Étienne-de-Baïgorry, registered with the Trade and Companies Register of Bayonne under number B 790 310 973, represented by Maïté Etchart as manager ("the Seller"), to consumers and non-professional buyers ("Clients" or "the Client") wishing to acquire the products offered for sale by the Seller ("Products" or "Product") on the website www.enaos.fr ("the Website").
The T&Cs are accessible at any time on the Website and shall prevail, where applicable, over any other version or conflicting document.
These T&Cs may be subject to future modifications; the applicable version for the Client’s purchase is the one in force on the Website at the time the order is placed.
ARTICLE 2 - PURPOSE
The T&Cs aim to define and regulate the conditions for ordering, payment, and management of potential Product returns.
ARTICLE 3 - PRODUCT CHARACTERISTICS
The Products for sale on the Site are funeral items. The main characteristics of the Products, including specifications, illustrations and product size indications, are presented on the Site.
The Client is required to acknowledge it before placing any order. The choice and purchase of a Product are the sole responsibility of the Client.
Photographs published in the online store are representative of the Product, but may not ensure perfect resemblance with it, particularly with respect to colours or flower types. The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
ARTICLE 4 - ORDERS
The Client wishing to purchase one or more Product(s) via the Website must:
:
- Select the Product of your choice;
- Complete the identification card on which all the required details will be entered;
- Confirming one's order and payment. It is specified that confirming the order implies full, unconditional acceptance of these GTC, recognition of full understanding, and renunciation of all other general or special conditions.
All data provided, along with the recorded confirmation, shall constitute proof of the transaction. The confirmation shall serve as a signature and acceptance of the operations carried out. The Seller will send an order confirmation by email.
ARTICLE 5 - PRICES
Prices on the online shop accessible on the Website are presented in local currency and include VAT in effect on the day of the order. Any statutory changes in VAT shall be reflected in product prices.
The Seller reserves the right to change prices at any time without notice, it being understood that the price on the online store on the day of the order will be the only price applicable to the Customer.
The prices include handling fees.
ARTICLE 6 - PAYMENT TERMS
Prices must be paid in full on the day the order is placed.
Payments are made by credit card, secured through the Ogone system (SSL encryption ensuring data security during transfer).
ARTICLE 7 - RIGHT OF WITHDRAWAL
Perishable products
Perishable products (e.g., fresh flowers) are not subject to the 14-day withdrawal right and cannot be refunded.
Non-perishable products
For non-perishable products, Clients have a 14-day withdrawal period starting from the receipt of the Product, without needing to justify reasons or pay penalties, for an exchange or refund.
Returns must be made in their original condition and complete (packaging, accessories, etc.), accompanied by proof of purchase.
Damaged, incomplete, or dirty Products will not be accepted.
Withdrawal can be exercised by email, attaching the withdrawal form available on the Website.
If exercised properly, exchanges (subject to availability) or refunds will be processed within 14 days from receipt of the returned Products.
ARTICLE 8 - WARRANTY AGAINST HIDDEN DEFECTS
Products sold by the Seller benefit from the applicable legal warranty.
In case of non-conformity, the Product may be returned to the Seller for replacement or refund.
Claims must be made within 30 days by post to the Seller’s address.
ARTICLE 9 - LIABILITY
In the context of online sales, the Seller is bound only by a best-efforts obligation.
The Seller cannot be held liable for damages resulting from Internet use (loss of data, intrusions, viruses, service interruptions, or other involuntary issues).
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the Website is the property of the Seller and its partners and is protected by European and international intellectual property laws.
Any total or partial reproduction is strictly prohibited and may constitute infringement.
The Seller retains all intellectual property rights over the photographs and content of the Website.
Clients are prohibited from reproducing or using any elements without the prior written authorization of the Seller, which may be subject to a fee.
ARTICLE 11 - PERSONAL DATA
In accordance with the European General Data Protection Regulation 2016/679 (GDPR), the Client has the rights to access, query, modify, oppose, and rectify their personal data.
By agreeing to these T&Cs, the Client consents to the Seller collecting and using their data for the purposes of fulfilling the contract.
ARTICLE 12 - LANGUAGE
These T&Cs are drafted in French. In the event they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
ARTICLE 13 - APPLICABLE LAW AND JURISDICTION
These T&Cs are governed by Belgian law. In case of a dispute relating to their application or interpretation, the parties agree to seek an amicable resolution.
Any dispute relating to these T&Cs shall fall under the exclusive jurisdiction of the competent court geographically associated with the Seller's registered office.
ARTICLE 14 - CONSUMER DISPUTE MEDIATION MECHANISM
In accordance with Articles L611-1 and following, and R612-1 and following of the French Consumer Code, it is stipulated that for any contractual dispute regarding the execution of the sales contract and/or service delivery not resolved through a prior complaint to our customer service, the Consumer may have free recourse to mediation.
The Consumer may contact ANM CONSOMMATION by post at 2 rue de Colmar 94300 Vincennes (including their contact details, phone number, and email address), or online by completing the form at https://www.anmconso.com.
For more information, you may call ANM CONSOMMATION at +33 1 58 64 00 05, Monday to Friday from 9:00 a.m. to 12:00 p.m.
The Consumer can also visit the European Online Dispute Resolution platform.
Further information is available at http://www.economie.gouv.fr/mediation-conso for cross-border disputes.