Continued browsing on this site www.anauparis.com implies acceptance without reservation of the following provisions and General Terms and Conditions of Sale (GTC) for any purchase of products online.
The current online version of these T&Cs is the only enforceable version and until a new version replaces it. ANÄU PARIS reserves the right to adapt and revise these General Terms and Conditions at any time. The general conditions applicable to the sale are those in force at the time of purchase or order.
Membership in these terms and conditions is done by clicking on the button "I have read and accept the general conditions of sale". The present GTC, the General Terms and conditions of Use (GTCU) of the www.anauparis.com website and the Special Conditions form an indivisible contractual whole.
Article 1 - Definitions
- Purchase - Order: Any order of Products made and paid for on the Site;
- Buyer - Client: Any person of full age who has the legal capacity to contract having made a Purchase on the www.anauparis.com website and who has an account on the Website;
- Customer Account: Each Order is conditioned by the creation of a Customer Account which gathers, without this list being exhaustive, the names, first names, e-mail and postal addresses, telephone number of the Customers. The creation of a Client Account is mandatory and allows ANÄU PARIS to manage, invoice and follow up the files of its Clients as well as commercial prospecting;
- Contract: Together the General Terms and Conditions of Sale, the General Terms and Conditions of Use, the Special Terms and Conditions form an indivisible whole, the Contract;
- Delivery: Product transit to the Customer's address via the chosen delivery service (s);
- Shopping Cart: Product (s) selected by the Customer on the Site;
- Product (s): Material object offered for sale on the Site by ANÄU PARIS;
- Payment service providers: PayPal, Visa, MasterCard
- Site: the site accessible at the URL www.anauparis.com
Article 2. The Parties
On the one hand, ANÄU PARIS, a simplified joint-stock company with a capital of 15,000 euros, registered with the RCS of SALON DE PROVENCE under the number 833 149 917, located at 8, rue de l'Egalité, 13140 MIRAMAS, represented by its legal representative in exercise, domiciled at the said head office;
On the other hand, the Buyer - the Customer: Any person of full age having the legal capacity to contract having made a Purchase on the www.anauparis.com site and registered on the Site.
Article 3 - Products
The www.anauparis.com website lists all the Products offered for sale by ANÄU PARIS. The site is updated in real time.
The Products offered for sale are those presented and described on the Site on the day of consultation by the Buyer within the limits of available stocks. ANÄU PARIS gives all indications on the Products. Although ANAÜ PARIS takes the greatest care to present its Products online and to give all the information necessary to satisfy its Customers, the Customer acknowledges that errors may be present on the Site which it acknowledges and accepts.
The information given on the Site are mere indications of a non-contractual nature.
When the Product is no longer in stock, the Customer will have the possibility to cancel the order or wait until the Product is available again, if necessary. In this case, it will be informed by email or subscription to the newsletter of the date on which the Product will be in stock again.
ANÄU PARIS reserves the right to remove one or more of its Products online at any time without liability. If the Product ordered is removed from the catalogue, the Customer will be informed by e-mail if and only if the Customer wishes to order. They can cancel the order, exchange the purchased Product or request a purchase order.
Article 4 - Order and purchase process
- The online purchase is subject to the following steps:
- Creating customer account (4.1.);
- Product(s) selection (4.2.);
- Basket modifications (4.3.);
- Basket confirmation (4.4.);
- Summary (4.5.);
- Payment (4.6.);
- Purchase summary (4.7.).
4.1. Create an account
For any Online Purchase, the Customer must register and create a Client Account. He must be of legal age and have the legal capacity to contract.
The following data are requested: surname, first name, date of birth, address, e-mail address, telephone number (optional).
The Client verifies and guarantees that the data he provides when registering and creating the account is correct.
It may modify them at any time.
In the event of inaccurate or erroneous data being supplied, ANÄU PARIS shall not be held liable for the impossibility of placing an order, delivering the Product (s) or any other consequence linked to the inaccuracy of the information provided when creating the account.
4.2. Product (s) Selection
While browsing the site, the Customer selects the Product (s) of interest to him/her and fills his/her Shopping Cart online.
The Product (s) selection is made by clicking on the photo/ "X Jewellery Selection" button.
The Product (s) selected are then entered in the Customer's Shopping Cart.
4.3. Modify Shopping Cart
Once his selection is made, the Customer has access to his complete Basket, i.e. the electronic summary including all the Products he has selected.
He is invited to verify that the Products indicated in the Basket correspond to his selection.
He can modify his Order or remove Products from the Basket before validating his Final Order.
4.4. Order summary and validation of the basket
Before proceeding to the payment, the Customer must validate the Basket which recapitulates the whole of the Order to know:
- the Product (s) selected;
- the price per Product;
- possible costs of the Order and shipment
- the total;
- delivery times.
The Customer can modify his Basket or delete Products if he wishes.
When the Order is validated, it is prompted to pay online.
Validation of the Order entails validation of the General Terms and Conditions of Sale, the General Terms and Conditions of Use of the Site, the Products purchased, the Price, the relevant Fees, the terms and delivery times and the data provided when creating the account.
4.5. Price - Payment
Prices are displayed inclusive of VAT.
ANÄU PARIS reserves the right to change its prices at any time. The prices applicable are those in force at the time of purchase by the Customer subject to availability of the Product (s) selected.
The total amount to be paid includes the Product Price and any costs associated with the purchase on www.anauparis.com
Payment of the Order is made online using the following payment methods:
- Payment by credit card;
The total amount of the Order is payable in cash upon final validation of the Basket.
The Client expressly acknowledges that the communication of his banking data to ANÄU PARIS is tantamount to authorizing the debit of the bank account associated with the credit card used for payment or the account used for payment of the Order validated by him.
In the event of cancellation of the Order for any reason whatsoever, the Customer will receive an email to the address communicated when creating the account.
All data related to the Customer's purchase are kept by ANÄU PARIS and constitute proof of the said purchase and the Order placed on the www.anauparis.com website.
The data recorded by the Payment Service Providers constitute proof of any financial transaction between the Client and ANÄU PARIS.
4.6. Payment Confirmation
After payment, the Customer receives a receipt of payment and Order confirmation by email to the address provided when creating the account.
Article 5 - Free withdrawal
In accordance with the provisions of article L. 221-18 of the Consumer Code, the Customer has a period of[QUATORZE] 14 days to exercise his right of withdrawal.
The period runs from the reception of the Product by the Customer.
To exercise his right of withdrawal, the Customer must send an e-mail to the address email@example.com. To do so, it has a withdrawal form made available on the www.anauparis.com Site and upon receipt of the Order by the Customer.
Failure to exercise the right of withdrawal within[QUATORZE] 14 days, the sale is deemed firm and final.
When exercising its right of withdrawal, the Customer must return all the Products of the Order new, in their original packaging and not worn following the procedure indicated on the return vouchers provided with the Order. These conditions are cumulative.
If these conditions are not respected, the right of withdrawal cannot be exercised.
Reimbursement is made upon receipt of the Product in good condition by ANÄU PARIS according to the payment method used by the Buyer.
Failing receipt of the Product in good condition, no refund can be exercised.
Article 6 - Delivery
Delivery is made in France and abroad.
Delivery is carried out by Chronopost and re-invoiced to the Buyer by Colissimo, at the office, at home and in relay points only.
It is carried out within 2 to 4 working days after payment of the Order. In case of impossibility to respect this deadline: Product (s) ordered unavailable, holiday or sale periods, the Customer is informed of the deadlines within which his Order is delivered by specific mail.
The Customer has the option of following the Delivery of his Order by logging in to his space/ by entering his parcel number on the site of the Post Office - Collissimo
Deliveries are guaranteed from Monday to Saturday.
Deliveries are made to the address given by the Customer at the time of creation of his account. No deliveries are made to hotels, bed and breakfast or other tourist residences or post office boxes.
The transfer of ownership of the Products and risks is carried out at the time of handing over of the Order by the carrier to the Customer.
The Shipping charges applicable to the Order are those indicated during the summary and validation of the Order.
The company ANÄU PARIS is not responsible in case of impossibility of Delivery due to the communication of erroneous data during the creation of the account or in case of absence of withdrawal of its parcel by the Customer in a collection point.
The ANÄU PARIS company is not responsible in case of delay or impossibility of delivery which is not due to its own fault or in case of a major problem.
In the event of delay or impossibility of Delivery, the Customer may request cancellation of the sale and reimbursement of his Order. This request is made by email to firstname.lastname@example.org.
ANÄU PARIS is not responsible for any damage caused by the cancellation of the sale by the Customer. With the exception of being refunded, the Customer may not claim any other form of compensation.
During Delivery, the Customer is asked to check the condition of the parcel. If the parcel is not in perfect condition, the Customer must make detailed reservations at the time of Delivery. Failing this, any subsequent claim will be refused.
If a Product is missing or damaged, the Customer must report it at the time of Delivery. Otherwise, no claim on this basis can be made.
In the event of a complaint for this reason, the return costs are refunded to the Customer.
Article 7 – Customer service
7.1. Claims and returns
The company ANÄU PARIS gives attention to the quality of its products. Should these prove to be non-compliant, damaged or deteriorated, the Customer may lodge a complaint at email@example.com.
However, commercial and legal guarantees, complaints must be made within THREE (3) working days from the date the order is received.
If no claim is made within this time limit, no claim can be lodged.
Complaints are dealt with as soon as possible by ANÄU PARIS.
In case of complaint, the Customer must indicate the following elements in his mail:
- reason for the complaint and without this being a non-exhaustive list: absence, delivery delays, damaged products, nonconformity of products...
- Order date and Order number;
- where applicable, photos of the Product (s) subject of the Claim may be attached;
- any element that the Client deems relevant to indicate.
In any case, the liability of ANÄU PARIS is limited to the price of the purchased Product (s).
In the event of a justified complaint, ANÄU PARIS will bear the cost for returns.
7.2.1 Commercial guarantee ANÄU PARIS
Products sold by ANÄU PARIS have a warranty of TWO (2) years.
The warranty does not cover aging, wear and tear and deterioration due to the use of a perfume, as well as deterioration, breakage or loss resulting from the intervention of a third party, improper use or a lack of maintenance.
7.2.2. Legal warranty
Independently of the guarantee offered by ANÄU PARIS, the Customer benefits from the legal guarantee of conformity mentioned in articles L. 217-1 and following of the Consumer Code and the guarantee relating to defects in the goods sold under the conditions provided by articles 1641 to 1648 and 2232 of the Civil Code.
ANÄU PARIS shall remain liable for defects in conformity of the Product, unacceptable damage and defects in conformity with the provided conditions in these articles.
In case of lack of conformity, the Buyer has the choice between repair or replacement of the Product. However, if the Customer's choice leads to a cost clearly disproportionate to the other method or the importance of the defect, ANÄU PARIS will choose the most appropriate method.
If repair or replacement is impossible, the Customer may request reimbursement of the Product.
To benefit from these guarantees, the Customer must return the Product in its original packaging, in its original condition, new, not worn, with the references of the Order as well as the copy of the complaint made to ANÄU PARIS.
For all purposes, the applicable legal provisions are reproduced below:
Article L. 217-4 of the Consumer Code:
“The Seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or carried out under his responsibility ".
Article L. 217-5 of the Consumer Code:
"The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar property and, where applicable:
If it corresponds to the description given by the Seller and possesses the qualities that the Seller has presented to the Buyer in the form of a sample or model;
If it presents the qualities that a Buyer can legitimately expect in view of the public statements made by the Seller, the Producer or his representative, for advertising or labelling purposes;
2° Or if it presents the characteristics defined by agreement between the parties or is suitable for any special use sought by the Buyer, brought to the Seller's attention and accepted by the Seller ".
Article L217-6 of the Consumer Code
"The seller shall not be bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them".
Article L217-7 of the Consumer Code
“The seller shall not be bound by the public declarations of the producer or his representative if it is established that he did not know them and was legitimately unable to know them ".
Article L217-8 of the Consumer Code
“The buyer is entitled to demand that the goods conform to the contract. However, he may not challenge the conformity by invoking a defect which he knew or could not have been unaware of when he contracted. The same shall apply if the defect originates in the materials supplied by him ".
Article L217-9 of the Consumer Code
“In case of lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost clearly disproportionate to the other method, considering the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer ".
Article L217-10 of the Consumer Code
“If repair and replacement of the property is impossible, the buyer may return the property and have the price returned or keep the property and get a part of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for the latter, taking into account the nature of the property and the use it seeks.
The rescission of the sale may not, however, be pronounced if the lack of conformity is minor ".
Article L217-11 of the Consumer Code
"The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no charge to the buyer.
These same provisions shall not prevent the award of damages ".
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity shall be time-barred within two years from the delivery of the goods.”
Article L217-13 of the Consumer Code
“The provisions in this section shall not deprive the buyer of the right to bring any action resulting from unacceptable defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognized by law.”
Article 1641 of the Civil Code
“The Seller shall be bound by the warranty in respect of latent defects in the goods sold which render them unfit for the intended use, or which diminish their use so much that the Buyer would not have acquired them, or would have given them only a lesser price if he had known them".
Article 1642 of the Civil Code
"The Seller shall not be liable for any apparent defects which the Buyer has been able to convince himself of".
Article 1643 of the Civil Code
“He is liable for latent defects, even if he did not know them, unless, in this case, he has stipulated that he will not be bound by any guarantee ".
Article 1644 of the Civil Code
“In the case of articles 1641 and 1643, the Buyer has the option of returning the item and having the price returned, or of keeping the item and making part of the price ".
Article 1648 of the Civil Code
“The action resulting from unacceptable defects must be brought by the purchaser within 2 years from the discovery of the defect (...)".
Article 8 - Force majeure
Neither Party shall be considered in default in the performance of its obligations under this Agreement if such performance is delayed, withheld or prevented because of force majeure. Force majeure shall constitute any cause beyond the control of the Parties, which they could not reasonably foresee and against which they were unable to protect themselves. Force majeure includes, but is not limited to, any fortuitous occurrence, strike, partial or complete work stoppage, lockout, fire, riot, intervention by civil or military authorities, compliance with the regulations or ordinances of any governmental authorities and any act of war (whether declared or not).
The Party affected by a case of force majeure shall inform the other Party without delay of its inability to fulfil its obligations and shall specify the proposals it may make to remedy the effects of such force majeure, indicating any reasonable alternative means of performance.
If the suspension due to force majeure lasts more than THREE (3) months, the sale may be cancelled by the other Party, without compensation being due by the other Party, after notification by registered letter with A. R.
ARTICLE 9 - Entire agreements - Amendments to the contract - Invalidity
The present General Conditions of Sale, the General Conditions of Use of the Website and the Special Conditions constitute the entirety of the agreements between the Parties concerning its object. DURING THE PURCHASE THE VALIDATION IS CARRIED OUT VIA A DOUBLE CLICK - THE CGV MUST RECAPITULATE IN PART VISIBLE THE ESSENTIAL ELEMENTS OF THE SALE I. E. SPECIAL TERMS AND CONDITIONS DELIVERY PRICE DELIVERY PAYMENT PURCHASED PRODUCTS).
Because of the promulgation of a new law or regulation, any obligation whatsoever would modify the rights of either Party, the Parties undertake to modify this contract to make it compatible with the new legal provisions.
Should any of the provisions of these GTC be cancelled for any reason whatsoever, this nullity shall not lead to the nullity of the other provisions of the GTC which shall remain in force between the Parties, unless the overall balance of the Contract (GTC, GTC, Special Terms and Conditions) is significantly affected.
ARTICLE 10 Data collection - Computers and Liberties
The Client is informed of the fact that ANÄU PARIS carries out personal data processing to enable it to manage, invoice and follow up the files of its Clients as well as commercial prospecting.
The personal data thus processed are stored in the ANÄU PARIS customer file, and the file thus created from personal data is declared to the CNIL under number 2130324.
In accordance with the provisions of law n° 78-17 of 6 January 1978 modified, relating to data processing, files and freedoms, the Customer has a right of access, interrogation, modification and deletion of the information that concerns you, to exercise at any time with the company ANÄU PARIS by mail to the following address ANÄU PARIS Informatique et liberté 8, rue de l' Egalité 13140 MIRAMAS.com.
For security reasons and to avoid fraudulent requests, this request must be accompanied by proof of identity. After processing of the application this certificate will be destroyed.
The information collected may possibly be communicated to third parties linked to ANÄU PARIS by contract for the performance of outsourced tasks necessary for the management of the company and without the Client having to give his authorization. In the event of a proven infringement of legal or regulatory provisions, this information may be communicated upon express and reasoned request by the judicial authorities.
You agree that your data will be used by ANÄU PARIS for commercial and marketing purposes and to keep you informed of promotional and commercial offers. If you do not wish, please send an e-mail to firstname.lastname@example.org.
ARTICLE 11 Applicable law
The provisions of this Agreement shall be governed by French law.
ARTICLE 12 Disputes
In the event of any difficulty which may arise between the Parties about the interpretation or execution of this Agreement, or following its completion, the Parties undertake to settle their dispute in advance by an attempt to reach an amicable and binding settlement, by consulting https://www.economie.gouv.fr/mediation-conso
In the absence of an amicable agreement, any difficulty likely to arise between the Parties shall be submitted to the competent courts located in the jurisdiction of the Court of Appeal of AIX-EN-PROVENCE.
For any question, information about the services offered on the Site, or concerning the Site itself or any of your Purchases, you can leave a message at the following address: email@example.com