TERMS AND CONDITIONS (Updated on 20 November 2019)
The company AIME INC. whose legal notices are on the website is an e-commerce site accessible via the Internet network. It is open to any user of this network. The website is accessible at the following internet address: http://aime.co allows AIME.INC, where customers can (i) purchase food supplements, (ii) purchase a subscription to the Aime service (which consists in a subscription to a monthly sale of food supplements), and (iii) make online appointments via the Planity platform accessible at the following address http://www.planity.com/aime-75003-paris (hereinafter referred to as “Planity”), in order to benefit from the beauty treatment offered by AIME INC.
Governed by articles L. 111-1 et seq. of the French Consumer Code, these terms and conditions determine the rights and obligations of the parties. By validating an order on the website accessible at the address “http://aime.co”, the user acknowledges to have read, understood and accepted, without reservation, the terms and conditions of the said order as well as to be bound to all provisions under these terms and conditions.
It is specified that products are intended for the user’s personal use, without any direct connection to the user’s professional activity. In this respect, the user acknowledges that an order shall not exceed one thousand euros (1,000 €) including taxes.
Article 1 – Presentation of the Company
These terms and conditions apply, without any restrictions or reservations, to all the purchase and sale of products and subscriptions service concluded by AIME INC., a French “société par actions simplifiée” with a capital of one thousand euros (1,000 €), whose registered office is located at 3 rue du Pont aux Choux 75003 Paris - FRANCE, registered in the Paris Trade and Companies Register under number 840 958 011, VAT number FR75840958011 (hereinafter referred to as the “Seller”) with consumers and non-professional buyers (hereinafter referred to as the “Client” or the “Clients”), wishing to acquire the products offered for sale by the Seller through its Site.
AIME INC. can be contacted by any user, at any time, at the following email address: firstname.lastname@example.org
Article 2 – Definitions
“Client” means any non-professional or consumer who has ordered products sold on the Site or who has booked a beauty treatment at the Glow Studio on the Site via Planity;
“Company” means AIME INC. ascribed in Article 1 hereof;
“Consumer” means the buyer who is a natural person and who does not act for professional
needs and/or outside of its professional activity;
“Glow Studio” means the place where the Seller offers the Client beauty treatments, massages and photomodulation using LED (“Light Emitting Diode”) technology.
“Order” means all orders place by a User on this Site;
“Parties” means the Seller and the Client together;
“Products” means material goods offered for sale on this Site;
“Site” means the present website, i.e. http://aime.co;
“Subscriber” means any legal or natural personal who has subscribed to an AIME subscription;
“Subscription” or “Member Agreement” means the subscription service package offer by the Seller to benefit from the service of receiving food supplements each month;
“User” means any legal or natural personal using and browsing this Site;
Article 3 – Purpose
The purpose of these Terms and Conditions is to define, worldwide, the rights and obligations of the Parties exclusively arising from the online sale of Products offered on the Site as well as the reservation of beauty treatment at the Glow Studio. The Terms and Conditions specify, in particular, the conditions of Order, payment, shipping and delivery as well as the return policy of Products ordered by Clients.
Any User of the Site undertakes to comply, without any restriction or reservation, with these Terms and Conditions, whether visiting the Site or placing an Order. The Terms and Conditions shall be read by the Client before placing any Order. The Site presents the main characteristics of the Products and specifically the specifications, illustrations and indications of the Products’ capacity. It is the Client’s responsibility to take this into account before placing an Order.
The Terms and Conditions shall apply to the exclusion of any other terms and conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels, unless otherwise expressly agreed in writing by the Company. These Terms and Conditions are accessible at any time on the Site and are systematically communicated to the Client upon request. In the event of a subsequent modification of the Terms and Conditions, the version applicable to the Client is the version in force on the Site on the date of placing the Order.
The validation of the Order by the Client constitutes acceptance without restriction or reservation, as well as full and complete acceptance to the Terms and Conditions.
Article 4 – Legal capacity
To subscribe to an AIME Subscription, one shall be of legal age and capable, i.e. legally considered as being authorized to conclude a contract. The Client acknowledges to have the capacity to contract and acquire Products offered on the Site.
Article 5 – Member Agreement
The Member Agreement covered by these Terms and Conditions consists of the delivery, each calendar month, of food supplements. By purchasing a Subscription, the Subscriber accepts the Terms and Conditions and acknowledges having read, understood and accepted them without reservation, in full knowledge of the facts.
Article 6 – Geographical area
AIME services are available in Europe (with the exception of Switzerland) in French and English in accordance with the provisions set forth in Article 18 of these Terms and Conditions.
Article 7 – Service access
The Site is usually available to Subscribers 7/7, 24/24 hours, except in the event of voluntary or involuntary interruption, in particular in case of force majeure or for maintenance purposes. Subject to an obligation of means, the Company will do its best effort to make the Site available at all time but shall not be liable, in any case, for damages of any kind should the Site be unavailable.
Article 8 – Subscription
AIME offers a monthly subscription service (each month). By purchasing a monthly Subscription, the Subscriber will receive food supplements each month until one Party decides to terminate the agreement. By accepting the offer, the Subscriber agrees to a monthly payment of an amount defined at the time of the initial order. As such, the Subscriber will be charged monthly, twenty-five (25) days after the initial Order or Order renewal and will receive the Product(s) within five (5) to seven (7) business days, during the whole duration of the Subscription. The Subscriber may terminate its Subscription at any time pursuant to Article 10 “Unsubscribe” of these Terms and Conditions.
By subscribing, the Subscriber acknowledges to have read, understood and accepted the Terms and Conditions without reservation, in full knowledge of the facts.
Pursuant to Article L. 215-1 of the French Consumer Code, regarding service agreements concluded for a specified period of time with a tacit renewal clause, the Seller shall inform the Customer in writing, by registered letter or dedicated electronic mail, at the earliest three (3) months and at the latest one (1) month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the agreement concluded with a tacit renewal clause.
Delivered in clear and understandable terms, this information shall mention, in an apparent box, the deadline for non-renewal.
If this information has not been communicated, the Consumer may terminate the agreement free of charge, at any time from the date of renewal. Advances paid after the last renewal date, or in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be repaid within thirty (30) days of the date of termination, after deduction of the sums corresponding, until the date of termination, to the performance of the agreement. Provisions under this Article shall be without prejudice to those making some contracts legally subject to special rules concerning consumer information. Pursuant to Article L. 215-2of the French Consumer Code, provisions of this chapter do not apply to operators of drinking water and sanitation services. Pursuant to Article L 215-3 of the French Consumer Code, provisions of this chapter are also not applicable to contracts concluded between professionals and non- professionals.
Pursuant to Article L. 241-3 of the French Consumer Code, if the professional has not reimbursed under the conditions provided for in Article L. 215-1 of the French Consumer Code, the sums due shall bear interest at the legal rate.
Information enabling the Subscriber to identify itself, such as username and password, is personal and confidential. This information may only be modified at the Subscriber’s or the Company’s initiative, in particular in the event that the password is forgotten. The Subscriber is solely responsible for the use of its information details. The Subscriber shall keep them secret. In under any circumstances may the Company be liable for any disclosure made by the Subscriber. Any Order placed by the Subscriber’s username and password is deemed to have been placed by the Subscriber. The Seller’s liability shall not be retained in any event whatsoever for any damages caused by the disclosure of such personal and confidential information by the Subscriber and therefore by the use of such information by a third party. In any event, the Company’s liability shall also not be retained for any damages of any kind whatsoever, in particular as a result of the use of the subscribed services, whether it is an attack on reputation, image or loss of data that may occur as a result of the use of the services offered by the Company.
Article 9 – Newsletter subscription
By accepting these Terms and Conditions when purchasing a Subscription, the Subscriber authorized the Company to send emails to the address provided at the time of the Subscription. The Subscriber may at any time unsubscribe from the newsletter on the Site via the section “My Account”.
Article 10 – Unsubscribe
The Subscriber may at any time terminate its Subscription via the section “My Account” on the Site. If the termination occurs after the monthly direct payment, the Order is deemed to have been concluded for the concerned month. The Subscriber may not demand the cancellation of this Order on the grounds of the termination request. Unsubscription will be taken into account for the following month.
The Company shall have the right to decide to unsubscribe the Subscriber pursuant to the procedure set forth in Article 11 “Deactivation of Client Account” of the Terms and Conditions.
If a Client benefiting from a Subscription at a lower price due to its accumulated seniority should unsubscribe, this privilege will be lost, and any new subscription shall be purchased at the rate in force on that date.
Article 11 – Deactivation of the Client account
In the event of non-compliance with any obligations arising from the acceptance of these Terms and Conditions, incidents of payment of the price of an Order, delivery of incorrect information at the creation of the account or acts likely to harm the Company’s interest, the Seller may, at its sole discretion, suspend access to the services provided by AIME INC., or terminate the Subscription and the Subscriber’s account, depending of the gravity of the incident. The Company also reserves the right to refuse to enter into an agreement with a Client that has been excluded or sanctioned for such an incident.
Article 12 - Evidence
The Subscriber acknowledges the validity and probative value of all electronic exchanges and records kept by the Company and acknowledges that these elements receive the same probative value as a handwritten document signed pursuant to the Legislation n°2000-230 du 13 mars 2000 adapting the law of evidence to information technologies relating to electronic signatures.
Article 13 – Orders
When browsing the Site, the Client my add Products to its virtual shopping cart. The Client can then access the summary of its virtual cart in order to confirm the Products it wishes to order by pressing “view cart” and place its Order by pressing “place order”. The subscription to the Site is not mandatory to place an Order. However, an account will automatically be generated on the Site, in the name of the Client, after the Order’s placement. Subsequently to the Order, the Client will receive automatically the account’s information by email as well as a temporary password.
The Client shall provide a valid address, means of payment as well as choose a delivery method in order to finalize the Order and effectively form a sales agreement between the Client and the Company. By finalizing the Order, the Client accepts the price of the ordered Products as well as the payment terms and conditions as provided on the Site. The Seller shall not be responsible for any mistakes made by the Client while entering its information nor for any subsequent consequences in terms of delays or errors in the delivery.
Contractual information is subject to a confirmation by the Client at the latest at the time of the Order’s confirmation.
The Client may check the details of its Order, its total price and correct any errors before confirming its acceptance. This confirmation implies the acceptance of all provisions of these Terms and Conditions and constitutes a proof of the sales agreement.
Following the Order’s placement, the User will receive a confirmation email. This confirmation will summarize the Order and relevant delivery information.
An Order placement constitutes the conclusion of a distance selling contract between the Seller and the Client. The Sale will only be considered final after the mailing of the confirmation email by the Seller and the reception in full of the price due.
The Seller reserves the right to suspend, cancel or refuse any Order from a Client, regardless of its nature and its level of performance, in the event of non-payment or partial payment of any amount due by the Client as well as in the event of a payment incident, fraud or attempted fraud relating to the use of the Site or with which there is a dispute concerning payment of a previous Order.
Article 14 – Online reservation for the Glow Studio
User may book a beauty treatment online, subject to a booking schedule available on Planity several months in advance. Beauty treatments will take place in the designated area of the Seller’s store, located at the following address: 3, Rue du Pont aux Choux - 75003 Paris.
14.1 – The reservation
In order to book a beauty treatment online, the Client must go to the page of the Site dedicated to the Glow Studio (http://aime.co/le-glow-studio/). The Client then accesses a description of the treatment available in the Glow Studio. The Client may click on “ONLINE APPOINTMENT” and select the chosen treatment, date and time slot. The Client shall afterwards identify herself/ himself, either by entering her/ his email address and password if already client, or by completing the form provided, on which he/she will provide the information required for her/ his identification, including her/ his full name.
Finally, the User shall choose a payment method in order to finalize the reservation and enter its bank details. The Client will then receive a confirmation by email indicating the date and time of the care as well as the address of the store.
14.2 Modification and cancellation conditions
The Client may modify or cancel its treatment, free of charge, at the latest forty-eight (48) hours before the scheduled date of the appointment in the dedicated area of the Client’s account. The Seller will then proceed to a full refund to the Client within fifteen (15) calendar days.
For any modification of an appointment less than forty-eight (48) hours before the scheduled date of the appointment the Client accepts without reservation that some fees may be charged. In the event of cancellation less than forty-eight (48) hours before the scheduled date of the appointment or a failure for the Client to attend the appointment at the Glow Studio, no refund will be made, and the price of the beauty treatment will be due.
Cancellations made less than forty-eight (48) hours before the scheduled date of the appointment must be notified by any means by the Client (telephone 0642345631, email to email@example.com or by cancelling via Planity the Glow Studio).
Article 15 - Products and price
Products offered for sale by the Company are those appearing on the Site when consulted by the User, within the limits of available stocks.
Products are described on the corresponding page on the Site where all their essential characteristics are mentioned. The sale is made within the limits of the Company’s available stocks. The Company’s liability shall not be retained in the event of stock shortages or its impossibility to sell a Product due to a non-existent stock. Photographs and graphics presented on the Site are non-contractual, non-binding and shall not retained the liability of the Company.
Products are provided at the prices in force on the Site at the time the Order is placed, subject to the availability of such Products.
Prices are indicated on the Site in euros. They take into account the VAT applicable on the day of the Order.
The indicated prices do not include delivery charges, which will be invoiced in addition, under the conditions indicated on the Site and calculated prior to the Order is placed and detailed, if applicable, in the Order’s summary before its confirmation. The sums invoiced to the Client corresponds to the total sums of the purchase, including these costs. An invoice will be issued to the Client upon first request to firstname.lastname@example.org.
The Seller reserves the right to modify the Products’ prices presented on the Site. In any event, Products shall be invoiced to the Client based on prices in force at the time of confirmation of the Order.
Article 16 – Financial conditions
Shipping rates are presented on the Site, all taxes included. Rates may be subject to change. In this case, the changes apply only to future Orders. Orders already paid for will not be affected by any price changes.
Services shall be paid by credit card. All payments made will be secured by an encryption procedure of the data to avoid their interception by a third party.
The Client hereby guarantees to the Seller to be fully authorized to use the payment method chosen for the Order’s payment and that this payment method gives legally access to sufficient funds to cover all costs resulting from the Order on the Site. As such, the Company shall not be liable in the event of fraudulent use of the payment method used.
Within three (3) days of the Subscription request’s receipt, a request to debit the bank account will be sent to the paying agency. The Subscription agreement will be entered into upon the authorization receipt to debit the account by the paying agency. Pursuant to the current applicable regulation, the Company will not keep the Client’s banking information.
In the event of non-payment of all or part of the Products, the Client shall pay to the Company a late payment penalty at a rate equal to three (3) times the legal interest rate.
In addition to the late payment compensation, any amount, including the deposit, not paid on its due date by a professional Client shall automatically produce the payment of a fixed compensation fee of forty euros (40 €) to cover recovery costs.
No compensation shall be made by the Client between the penalties arising from a delay in the performance of any services ordered and any amounts due by the Client to the Company for Products’ purchase on the Site.
Penalty due by the Client will be calculated on the amount including taxes of the remaining sum due and will run from the due date of the price.
Payments made by the Client shall only be considered effective after the sum has been credited to the Seller’s account. In addition, the Seller reserves the right, in the event of non-compliance with the payment terms as provided above, to suspend or cancel the delivery of any ongoing Orders placed by the Client.
No additional costs, higher than the costs incurred by the Seller for the use of a means of payment, shall be charged to the Client.
Article 17 – Gift card and Glow Studio card
Different vouchers are offered by the Seller and will allow Clients to purchase the Products or services of their choosing according to the following terms and conditions.
Vouchers are valid for a one (1) year period, starting from the date of purchase. At the end of this period, they will be definitively lost for the Client and may not be the subject to any refund from the Seller at any time whatsoever.
17.1 Gift card
A gift card is available for purchase only on the Seller's e-shop Site (https://aime.co/shop/) and can only be used by the Client on the Products offered on the Site (hereinafter referred to as the "Gift Card" or the "Gift Cards"). The Gift Card will be sent by post to the Client within five (5) to seven (7) business days in the form of a physical card with a unique scratch code.
Gift Cards may be credited with an amount chosen by the Client between thirty (30) and one hundred and fifty (150) euros and may be spent on one or more occasions. Gift Cards may not be used to purchase other gift cards and may not be sold to third parties.
17.2 Glow Studio Card
A Glow Studio card for an amount of one hundred and ten euros (110 euros) will be available for purchase only at the Seller's Glow Studio, located at the following address: 3, Rue du Pont aux Choux - 75003 Paris, and usable by the Client exclusively for the purchase of any beauty treatment at the Glow Studio (hereinafter referred to as the "Glow Studio Card") at the same address.
A coupon is then provided to the Client, who must make an appointment with the Glow Studio online to use it within a maximum period of twelve (12) months from the date of issuance of the Glow Studio Card.
The Glow Studio Card cannot be exchanged for a Gift Card.
Failure (i) to show up for the appointment or (ii) postponement or cancellation of the appointment by the Client less than forty-eight (48) hours in advance will result in the permanent loss of the Glow Studio Card and will not be refunded by the Seller at any time.
Article 18 – Products delivery
Products are delivered exclusively in the geographical area determined in Article 6 “geographical area” of these Terms and Conditions, i.e. Europe (excluding Switzerland). Products will be delivered to Subscribers every month to the address indicated though the information form completed by Subscribers at the time of registration and available in the section “My Account”. Should the Client’s address changes, it is the Subscribers’ responsibility to notify it at least five (5) days prior to the renewal of its Subscription by modifying its contact details in the information form available on the section “My Account” of the Site. For any Order placed without subscribing to the monthly service, Products will be delivered to the address indicated by the Client at the time of the Order.
The shipping charges applied to the Order depend on the Order and the transport costs specific to each delivery:
- for any Order in France (excluding Subscription), the shipping costs applied are 3.90 €;
- for any Subscription and Subscription renewal deliver in France, shipping will be free of charge;
- for any Order, Subscription or renewal in Europe, shipping costs applied are 3,90 €.
Delivery consists of the transfer to the Client of the physical possession or control of the Product.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Client as soon as possible, any timeline indication being communicated for information purposes only. However, if the Products ordered have not been delivered within thirty (30) days of the date of the Order’s placement, for any reason other than force majeure or the Client’s fault, the sale may be cancelled at the written request of the Client pursuant to the conditions set forth in Article L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. In this respect, the sums paid by the Client will then be refund to the Client at the latest within fourteen (14) days of the date of termination of the agreement, excluding any compensation or withholding.
The Company shall not be liable for any delay in delivery and the consequences that may result from it. In the event the package is returned to the Company, a second delivery will be made at the Client’s expense. If the package is returned to the sender again, there will be no new shipment and the additional delivery charges will be deemed to be acquired by the Company.
Article 19 – Comments published on the Site
On the Site page of each Product, the Client has the possibility to comment on the Product by writing a short text with a title and assigning a rating ranging from one (1) to five (5) stars.
Seller will not compensate the Client for publishing a comment on the Site.
Comments written by Clients are published on the Site within a maximum period of forty-eight (48) hours. This period is expressed in working days.
Published comments are kept on the Site as long as the related Products are available for sale.
The Seller controls comments published on its Site. Comments are collected after an Order has been placed, by email, and relate to various Products of the Order. All comments that are abusive, vulgar, illegible, unreadable or not corresponding to the Product to which they are related to are deleted and will under no circumstances be published on the Site. In accordance with Article D. 111-19 of the Consumer Code, should the Seller refuses to publish an opinion, the Seller shall inform the Consumer of the reasons for refusing, by any appropriate means. Each comment published by the Client may be replied to by the Seller directly on the Site. The Seller may under no circumstances modify comments drafted by Clients.
In accordance with article L.111-7-2 of the Consumer Code, the Seller implements a free feature allowing managers of Glow Studio ans well as Products managers subject to an online comment to notify the Seller if they have any doubt regarding the authenticity of a comment, provided that this notification is justified.
Article 20 – Complaints
The Client acknowledges and agrees to undertake to verify the condition of the delivered Products. The Client has a period of fourteen (14) days from the delivery date to formulate any reservations or complaints for non-compliance or apparent defect of the delivered Products, with all the supporting documents relating thereto.
The Client will contact the Company via email at email@example.com indicating the difficulty encountered so that the procedure to be followed can be communicated to it by the Seller.
Products shall be deemed to be compliant and free of any apparent defect and no claim shall be validly accepted by the Seller, after this fourteen (14)-day period and in case of failure.
The Seller will repay or replace without any undue delay and at its own expense, the delivered Products failing to comply, having an apparent defect or an hidden defect duly proven by the Customer, under the conditions provided for in Article L. 217-4 et seq. of the French Customer Code and those provided for in these Terms and Conditions.
In some cases, the Company may request the return of the Product at the following address:
CHEZ COLISLAND ZI CARROS
1ère avenue 4989M (derrière VIANOR) 06517 CARROS
The return cost will then be borne by the Company.
Article 21 – Transfer of ownership – transfer of risks
The transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment of the price by the latter, regardless of the delivery date of the Products.
Pursuant to Article L. 216-4 of the French Consumer Code, regardless of the transfer of ownership’s date, the transfer of the related risks of loss and deterioration shall occur when the Client will physically take possession of the Products, i.e. upon delivery. Products therefore travel at the Seller’s risk.
Article 22 – Consumer’s withdrawal right
In accordance with the legal provisions in force, including article L.221-18 of the Consumer Code, the Client has a period of fourteen (14) business days from the receipt of the Product (for Orders excluding Subscription) or the receipt of the first Product (as part of a Subscription) or upon receipt of the email confirming the appointment booked at Glow Studio, to exercise its withdrawal right from the Seller, without having to justify any reasons or pay any penalty, for exchange or refund, provided that the Products are returned in their original packaging, with their safety cap intact and in perfect condition within fourteen (14) days of the communication of its decision to withdraw from the agreement.
Returns shall be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing the Products to be placed back on the market as new. Damaged, soiled or incomplete Products will not be accepted.
The Client has a withdrawal right except as provided under Article L. 221-28 of the French Consumer Code.
In the context of reservations at Glow Studio, Article L 221-28 of the Consumer Code may apply, which the Client expressly acknowledges and accepts, if the reservation is made for a date within a period of less than fourteen (14) days.
In this case, the Client expressly accepts and gives their prior consent and their express waiver related to the right of retraction if the reservation at Glow Studio is at a deadline of less than fourteen (14) days.
In accordance with Article L 221-25 of the Consumer Code:
"If the consumer wishes the performance of a service or contract referred to in the first paragraph of Article L. 221- 4 to begin before the end of the withdrawal period referred to in Article L. 221-18, the trader shall collect his express request by any means for contracts concluded at a distance and on paper or on a durable medium for contracts concluded away from premises.
A consumer who has exercised his right of withdrawal from a contract for the provision of services or a contract referred to in the first paragraph of Article L. 221-4, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the trader an amount corresponding to the service provided until his decision to withdraw has been communicated; this amount shall be proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided.
No sum shall be due by the consumer who has exercised his right of withdrawal if his express request has not been collected pursuant to the first paragraph or if the trader has not complied with the obligation to provide information provided for in 4° of Article L. 221-5".
If Clients are still within the retraction period for a reservation at the Glow Studio, they will be able to benefit from it and they will be exempted from the forty-eight (48) hours condition to cancel the appointment booking (case where an appointment is made on a day D for a date on D+15 and he cancels the day 14 is within his retraction period but at twenty-four (24) hours from the appointment). To exercise its withdrawal right, the Client has fourteen (14) days upon receipt of its Order or its reservation at the Glow Studio to inform the Seller of its decision to withdraw by mail or email at firstname.lastname@example.org. The Client shall then return the Product(s) in their original packaging at its own expense, at the latest within fourteen (14) days of communicating its decision to withdraw, to the following address:
CHEZ COLISLAND ZI CARROS
1ère avenue 4989M (derrière VIANOR) 06517 CARROS
When the fourteen (14) day period expires on a Saturday, a Sunday or a non-working day, the period is extended until the next business day. If the Products are not returned within fourteen (14) days, the Order will be deemed final. As such, no reimbursement shall be possible except in the exceptions provided for in these Terms and Conditions.
When the above return conditions are fulfilled, the Seller shall refund the Client of all sums paid by the Client without any undue delay and, at the latest, within fourteen (14) days of the date on which the Company was informed of the Client’s decision to withdraw. The Company reserves the right to delay the refund until the earliest date of the following two: the date of the Products recovery or the date on which the Client proves the Products have been shipped back to the Company. Initial shipping costs of delivery are included in the refund whereas the return chipping costs are not.
The burden of proof of the effective exercise of the withdrawal right is on the Client.
Article 23 – Seller’s liability – Legal guarantees
Products sold on the Site shall comply with the applicable legal provisions in force in France and are compatible with non-professional use. Pursuant to Article L. 217-4 of the French Consumer Code, the Seller shall deliver a product in compliance with the agreement and is responsible for any lack of compliance existing at the time of delivery. The Seller shall be responsible for defects in compliance resulting from packaging, assembly instructions or installation when the latter was set up under its responsibility. Pursuant to Article L. 217-5 of the French Consumer Code, to comply with the agreement, a Product shall be (i) suitable for the use ordinarily expected of similar goods and, where applicable corresponds to the description given by the Seller and have the qualities shown to the buyer in the form of a sample or model and presents the qualities a buyer may reasonable except given the public statements made by the Seller, in particular through advertising or labelling, or (ii) have the characteristics defined by mutual agreement between the Parties or be suitable for any particular use sought by the Client and brought to the attention of the Seller and which the latter has accepted.
Products supplied by the Seller shall automatically and without additional payment, regardless of the withdrawal right, in accordance with the legal provisions of (i) the legal guarantee of conformity of goods covering Products apparently defective, damaged or different from the characteristics described in the Order and (ii) the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting delivered Products and making them unsuitable to use, in accordance with the conditions and procedures provided in the box here below and defined in the annex hereto.
Regarding the legal guarantee of conformity of goods, it is recalled that the Client:
- shall have a period of two (2) years from the delivery of the Product to pursue an action against the Seller;
- may choose between repairing or replacing the ordered Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;
- is exempted from providing any proof of the Product’s lack of conformity during
the six (6) months from the delivery of the Product. This period shall be extended to twenty-four (24) months from March 18th, 2016, except for second-hand goods.
The legal guarantee of conformity of goods applies independently of any commercial warrantee covering the Product.
The Client may decide to ask for the legal guarantee against hidden defects pursuant to Article 1641 of the French Civil Code. In this event, the Client may choose between the cancellation if the sale or the reduction of the sale price pursuant to Article 1644 of the Civil Code.
To enforce its rights, the Client shall inform the Seller, in writing, of the Product’s lack of compliance within a maximum of twenty-four (24) months from the date of the Product’s delivery or of the Product’ hidden defects within the above-mentioned time period and return the defective Products in the same state they were delivered and complete (packaging, accessories, instructions, etc.).
The Seller shall refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. Shipping costs shall be refunded on the basis of the invoiced fee and return costs shall be refunded upon presentation of receipt. Non-compliant or defective Products shall be refund without any undue delay and at the latest within fourteen (14) days from the discovery of the lack of conformity or hidden defect by the Seller. The refund shall be made by crediting the Client’s bank account.
The Seller’s liability shall not be retained in the event ordered Products do not comply with the legislation of the country in which they are delivered, as it is the Client’s sole responsibility to verify this. The Seller shall also not be liable in the event the Client’s misuse, use for professional purposes, negligence or lack of maintenance by the Client as well as in the event of normal wear from use of the Product, accident of force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products. The Product replacement shall not extend the duration of the guarantee.
Article 24 – Force majeure
The Seller and the Client will not be liable in case of non-performance or delay in the performance of one of their obligations under these Terms and Conditions arising from force majeure within the meaning of Article 1218 of the French Civil Code.
Article 25 – Intellectual Property
All elements of the Site aime.co, whether visual or audio, texts, layouts, illustration, photographs, documents and other elements including the underlying technology, are protected by copyright, trademarks and patents.
Any reproduction, in whole or in part, of the accessible elements on the Site shall be strictly prohibited and shall expose the offender to civil and criminal proceedings.
The Seller is the owner of all intellectual property rights arising from the Site as well as all its components and holds any required licenses. The Seller owns all intellectual property rights and derived rights attached to the concept and editorial content used and/or published on the Site. In general, nothing in these Terms and Conditions shall be construed as conferring to the Client, directly or indirectly, any right (through a license or by any other means) on the names, trademarks, acronyms, logos and other distinctive signs of the Seller, with the exception of the rights owned by the Seller’s suppliers and potential partners, on their trademarks, logos presented on the Site.
In addition, the Seller shall retain ownership of all intellectual property rights on photographs, presentations, illustrations and studies made for the purpose of the performance of the services to the Client. The Client acknowledges and agree not to reproduce or use any of the said studies, illustrations, presentations and photographs without the prior express written authorization of the Seller. The Seller reserves the right to ask for a financial consideration.
Article 26 – Liability
The Company liability shall not be retained, under any circumstances, in the event of unavailability, whether temporary or permanent, of the Site as it might be interrupted, despite the Company’s best effort to ensure the service at all time. As such, the Company reserves the right to update, improve or perform the maintenance of the Site, at any time, which may result in the unavailability of the Site.
As previously set forth herein, the Company will not the liable in case of delay in the delivery caused by force majeure within the meaning of Article 1218 of the French Civil Code.
If the carrier fails to deliver a Product and if this failure is exclusively attributable to the carrier in accordance with Article L. 221-15 of the French Consumer Code, the Seller’s liability will not the retained.
The parties declare that, considering the negotiations preceding the conclusion of this Agreement, they were able to enter into this Agreement in full knowledge of the facts and thus expressly waive the provisions of Article 1195 of the French Civil Code and the revision regime for unforeseen circumstances provided for therein. Thus, they undertake to fulfil their obligations, even if the contractual balance is upset by unforeseeable circumstances at the time the Agreement is concluded and if their performance proves excessively onerous.
Article 27 – Severance
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions under the applicable laws or any court’s decisions shall in no way affect or the legality, validity or enforceability of any remaining provisions.
Article 28 – Assignment
In the event of a total or partial transfer of the Company’s activities, agreements between the Subscriber and the Company and/or its successors and beneficiaries shall remain binding between the Parties.
The assignment of rights and obligations of the Subscriber is possible only with the prior written approval of the Company. In any event, the Company shall be free to assign its rights and obligations to a third party without the prior written approval of the Subscriber.
Article 29 – Advertisement on the Site
The Company may at its own discretion insert advertisements on the Site and has the full freedom of choice as to the layout of such advertisements, advertisers and the visualization of the such advertisements. Link to other websites and services do not constitute an endorsement by the Company of such websites or services, or the information, products advertising or other materials made available by such third parties.
Article 30 – Revision of these Terms and Conditions
The Company reserves the right to update the content on the Site and revise these Terms and Conditions as well as any services provided, in whole or in part, at any times by updating this posting. Any changes to the Terms and Conditions will be in effect as of the “Last Upated Date” referenced on the Site. Subscribers may terminate their subscription if they disagree with the updated terms and conditions by sending a registered letter with acknowledgment of receipt before the entry into force of the new provisions within a reasonable time after the Company’s notice to the Consumer or within ten (10) days after the entrance into force of the new Terms and Conditions.
The refusal on the updated terms and conditions shall be explicit. Without such explicit refusal before the entry into force of the new provisions, the continued use of the Site and/or the Subscription will constitute an acceptance of and agreement with such changes.
Article 31 – Governing Law
These Terms and Conditions as well as all agreements and sales arising from them shall be governed and interpreted in accordance with the laws of France.
These Terms and Conditions are written in French. In case of discrepancies between the French and other foreign languages versions of these Terms and Conditions, including in case of legal proceedings or dispute, the French version shall prevail.
Article 32 – Dispute resolution
Any disputes or claim arising out of these Terms and Conditions, including the performance, breach, termination, enforcement, interpretation, validity or any consequences arising hereof, the use or visit of the Site, the purchase of Products on the Site or the booking of any services, if not amicably settled by the between the Seller and the Client, shall be submitted to the competent courts in accordance to the French proceedings rules.
The Client is informed of the possibility to resort to a conventional mediation, in particular with the Consumer Mediation Commission or with the sectoral mediation bodies, the references of which appear on Site (by email at email@example.com or by mail at Service du Médiateur du e-commerce de la FEVAD – 60 rue de la Boétie – 75008 Paris) or to any alternative dispute resolution method.
Article 33 – Pre-contractual information – Client acceptance
By purchasing any Product or Subscription on the Site, any legal or natural person fully agrees and accepts these Terms and Conditions and undertakes to pay for the Products ordered, which is expressly acknowledged by the Client waiving, as a result, its right to prevail of any third party document which shall not be enforceable against the Seller. The Client acknowledges being informed and waives the right to rely on any other document, including its own terms and conditions of purchase.
The Consumer acknowledges having received all information and provided for in Articles L. 111- 1 to L. 111-7 of the French Consumer Code, and in particular:
- the Products’ essential characteristics;
- the Product’s prices;
- the date or period by which the Company undertakes to provide the service;
- information relating to the Company’s identity (postal, telephone and electronic contact
- information concerning the legal a contractual guarantees and their implementation;
- the possibility to resort to a conventional mediation in the event of a dispute;
- information relating to the withdrawal right (conditions, deadlines, arrangements this
right’s exercise, standard withdrawal form).
Annex 1 – Legal guarantee provisions
Article L. 217-4 of the French Consumer Code: « The seller delivers a good in compliance with the contract and is liable for the lack of compliance existing at the time of delivery. The seller is also liable for the lack of compliance resulting from packaging, assembly instructions or installation where the latter was under the seller’s responsibility or at its own expense.”
Article L. 217-5 of the French Consumer Code: “The good is in compliance with the contract: 1° If it is suitable for the use usually expected of a similar property and, if applicable:
- ifitcorrespondstothedescriptiongivenbythesellerandhasthequalitiespresentedbythesellertothebuyer in the form of a sample or model;
- ifithasthequalitiesabuyermayreasonableexceptgiventhepublicstatementsmadebytheSeller,in particular through advertising or labelling;
2° Or, if it has the characteristics defined by mutual agreement between the parties or is suitable for any particular use sought by the buyer and brought to the attention of the seller and which the latter has accepted.”
Article L. 217-7 of the French Consumer Code: “Lack of compliance appearing within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may rebut this presumption if not compatible with the nature of the good or the alleged lack of compliance.”
Article L. 217-8 of the French Consumer Code: “The buyer is entitled to demand the compliance of the good with the contract. However, the buyer cannot contest the compliance by invoking a defect of which he would have a prior knowledge of or could not have been unaware of at the time of the contract. The same shall apply when the defect has its origin in the materials he supplied.”
Article L. 217-9 of the French Consumer Code: “In the event of lack of compliance, the buyer shall chose between repairing or replacing the good.”
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost clearly disproportionate to the other method, taking into account the value of the food or the importance of the defect. The seller is then required to proceed, unless impossible, according to the method not chosen by the buyer.”
Article L. 217-12 of the French Consumer Code: “The statute of limitation for any action resulting in the lack of compliance is two years from the delivery of the good.”
Article L. 217-16 of the French Consumer Code: “When the buyer requests from the seller a repair covered by the guarantee, during the course of the commercial guarantee granted to him when acquiring or repairing a good, a repair covered by the guarantee, any immobilization period of at least seven days shall be added to the duration of the remaining guarantee. This period shall run from the date of the buyer’s request for intervention or the date on which the said good is made available for repair, if the availability is subsequent to the request for intervention.
Article 1641 of the French Civil Code: “The seller is bound to a warranty against hidden defect of sold good that render it unfit for its intended use, or that so impair for its use that the buyer would not have brought it, or would only have given a lesser price if prior knowledge of it.”
Article 1644 of the French Civil Code: “Under Article 1641 and 1643, the buyer has the choice either to return the good and to have the price returned to him or to keep the good a part of the price returned to him.”
Article 1645 of the French Civil Code: “If the seller has prior knowledge of the good’s defects, he is bound not only to refund the price he received but also all damages the buyer has suffered”.
Article 1646 of the French Civil Code: “If the seller had no prior knowledge of the goods’ defects, he is bound only to return the price and to refund the buyer of all expenses arising from the sale.”
Article 1648 of the French Civil Code: “An action resulting from redhibitory defects shall be brought by the buyer within two years from the discovery of the defect.”
Annex 2 – Withdrawal form
This form must be completed and returned only if the Client wishes to withdraw from an Order placed on the Site except in the case of exclusions or limitation of the withdrawal right’s exercise provided for in the Terms and Conditions.
CHEZ COLISLAND ZI CARROS
1ère avenue 4989M (derrière VIANOR) 06517 CARROS
I hereby notify the withdrawal from the contract for the sale of the following goods:
- order placed on:
- Order number:
- Client’s name:
- Client’s address:
Annexe 2 – Formulaire de rétractation
Le présent formulaire doit être complété et renvoyé uniquement si le Client souhaite se rétracter de la Commande passée sur le Site Internet sauf exclusions ou limites à l’exercice du droit de rétractation suivant les Conditions Générales de Vente applicables.
A l’attention de :
CHEZ COLISLAND ZI CARROS
1ère avenue 4989M
Je notifie par la présente la rétractation du contrat portant sur la vente du bien ci-dessous :