ARTICLE 1 - SCOPE PF APPLICATION
These General Terms and Conditions of Sale ("GTC") apply, without restriction or reservation, to all sales concluded by the company ERIC TOUCHARD with its registered office at 3 Bis, rue Carnot in 72290 Ballon-Saint Mars, registered at the Trade and Companies Register of Le Mans under number B 401 479 001 represented by ERIC TOUCHARD as manager ("the Seller") to consumers and non-professional buyers ("the Clients" or "the Client"), wishing to purchase products offered for sale by the Seller ("the Products" or "the Product") on the website www.enaos.fr ("the Site").
The GTC are accessible at any time on the Site and shall prevail whenever necessary over any other version or contradictory document.
Since these GTC may be subject to subsequent changes, the version applicable to the client's purchase is the one in force on the Site on the date the order is placed.
ARTICLE 2 - OBJECT
The Terms of Sale aim to define and frame the conditions of order, payment and management of any returns of the Products.
ARTICLE 3 - PRODUCT SPECIFICATIONS
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
A user who wishes to acquire one or more products via the Site must necessarily :
- 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.
The data provided and the confirmation registered represent conclusive proof of the transaction. The confirmation is tantamount to a signature and acceptance of the completed operations. The Seller will send the registered order confirmation by email.
ARTICLE 5 - PRICE
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 are payable cash with order
Payments are made by bank card, and will be secured by the Ogone security system, which uses SSL (Secure Socket Layer) protocol, so that the transmitted information is encrypted by software, and third parties cannot gain knowledge of it during transmission over the network.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Perishable products
Perishable Products (natural flowers) are not subject to the right to withdraw within 14 days from the date on which the purchaser has taken possession of the goods and cannot be refunded.
Non-perishable products
For non-perishable items and in accordance with current legal provisions, the Client has a period of 14 days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify motives or pay a penalty, for an exchange or reimbursement.
Returns must be made in their original condition and complete (packaging, accessories, etc.) they are being returned for resale in perfectly new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised by sending an email to the Seller and attaching the withdrawal form available on the Site.
In case of exercising the right of withdrawal within the above-mentioned time frame, the exchange (subject to availability) or refund will be made within 14 days from the receipt by the Vendor of the Products returned by the Client in accordance with the conditions set out in this article.
ARTICLE 8 - WARRANTY AGAINST LATENT DEFECTS
Products sold by the Seller enjoy the legal guarantee in accordance with current regulations. If a Product does not comply with the contractual terms, this item may be returned to the Seller, who will take it back, exchange it, or refund you.
It is specified that claims, requests for exchange or refund, must be made within 30 days and by post to the Seller’s address.
ARTICLE 9 - RESPONSABILITY
As part of an online sale, the Seller is only bound by an obligation of means. Its liability may not be engaged for damage resulting from the use of the Internet network (data loss, intrusion, viruses, service interruption or other involuntary problems).
ARTICLE 10 - INTELLECTUAL PROPERTY
The Site content is the property of the Seller and his partners and is protected by European and international laws regarding intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement. In addition, the Seller remains the owner of all intellectual property rights on the photographs from the Site.
The Customer therefore prohibits any reproduction or exploitation of the said photographs, etc. without the express, prior, written authorization of the Vendor, who may condition it upon a financial consideration.
ARTICLE 11 - PERSONAL DATA
According to the General European Regulation on Personal Data Protection 2016/679 (GDPR), the Customer has rights of query, access, modification, opposition and rectification of personal data concerning him or her. By accepting these terms and conditions, the Customer consents to the Seller collecting and using the data for the purpose of the services.
ARTICLE 12 - LANGUAGE
The present GTC are written in French. If they are translated into one or more foreign languages, only the French text would prevail in the event of a dispute.
ARTICLE 13 - APPLICABLE LAW AND JURISDICTION
The present GTC are subject to Belgian law. In the event of a dispute concerning their application or interpretation, the parties agree to seek an amicable solution.
Any dispute relating to these GTC shall be subject to the exclusive jurisdiction of the competent court of the town of which the Seller's registered office is geographically dependent.
ARTICLE 14 - Mediation device for consumer disputes
In accordance with the Consumer Code articles L611-1 et seq. and R612-1 et seq., it is provided for any contractual dispute concerning the performance of the sales contract and/or the provision of services that has not been resolved in the context of a complaint previously submitted to our customer service, the Consumer can refer free of charge to mediation. He will contact ANM CONSOMMATION either by mail by writing to 2 rue de Colmar 94300 Vincennes (specifying in addition to his own details, your telephone number and your email address) or on our site by completing the online referral form at the following https://www.anmconso.com . For more information, you can contact ANM CONSOMMATION by telephone on 01 58 64 00 05 from Monday to Friday from 9:00 am to 12:00 pm.
The consumer can also consult the European Online Dispute Resolution platform's website.
The following website http://www.economie.gouv.fr/mediation-conso also contains all useful information in the event of a cross-border dispute.