Terms & Conditions
Terms and Conditions of Sale
Terms and conditions of sale
These terms and conditions express the obligations of all parts. In this sense, it is to be considered that the buyer accepts them without reservations.
These terms and conditions of sale are applied excluding all other conditions, including those applicable to in-store sales or through any other channel of distribution or marketing.
These are available on the website Aminaturel.com and shall prevail, if necessary, over any other contradictory version and/or documents.
The selling party, AMINATUREL, has a limited liability with a capital of 51840 euros, with its head office located at 7 bis rue des moulins 62127 TINCQUES, registered at Siren 44299818418085 nº siret 442988184RCS ARRAS
the buyer agrees that these terms and conditions rule the relation exclusively. The seller reserves the right to alter their terms and conditions at any time.
They will be applicable as soon as published online.
If a condition of sale were to fail, it would be considered as ruled by the ongoing practices pertaining to the sector of long-distance sale for companies based in France.
These terms and conditions of sale are valid for one year, unless altered by the seller.
The goal of these terms and conditions is to define the rights and obligations of the parties regarding the online sale of goods from the seller to the buyer, through the website Aminaturel.com
These conditions pertain only to the purchases made by buyers located in France and Europe and delivered exclusively in French and European territory. In case of doubt, a message should be addressed to email@example.com
These purchases pertain to products sold on the website.
The buyer confirms that they have read and acknowledged these terms and conditions of sale and has accepted them before their purchase or immediate order. Following this, this is executable under article 1119 of the Civil Code.
3. Pre-contractual information
3.1 The buyer recognizes that these terms have been communicated to them before placing their order and the conclusion of the contract, in a legible and comprehensible form, of the present terms and conditions of sale and all information enumerated in article L. 221-5 of the Consumer Code.
3.2 The following information is transmitted clearly to the buyer:
- The essential characteristics of the goods or services;
- The price of the goods or services;
- How to calculate the price and, if necessary, all additional costs of transportation, delivery or posting, and any other possible costs;
- In the absence of the immediate conclusion of the contract, the date or time in which the seller compromises to provide the good or service shall be considered as the definitive date and time, independent of its price;
- Information regarding the identity of the seller, their postal, telephonic, and electronic contact information, as well as their activities, information regarding legal warranty, functionality of digital content and, if necessary, their interoperability, their existence, and modalities of application of warranties and other contractual conditions.
3.3 The seller provides the following information to the buyer:
- Their name, the geographic address of their establishment, and, if different, their headquarters, their phone number and email address.
- The conditions of payment, delivery, and execution of the contract, as well as the terms and conditions provided for dealing with any issues.
- Upon sale, the existence and the terms and conditions of the legal guarantee of conformity covered by articles L.217-1 and the following code of consumption, the guarantee of hidden defect covered in articles 1641.o and S. of the Civil Code, as well as, if applicable, the guarantee of commercial service and post-sale covered, respectively, in articles L.217-15.o and L.217-17 of the Consumer Code;
- The duration of the contract, when executed on term, or the terms of its termination in case of undetermined contract.
3.4 The seller affirms, regarding digital content:
- Any interoperability relevant to this content with any determined hardware or software that the professional has or should reasonably be aware of.
Article 4 – The order
The buyer has the opportunity to execute their order online, through the online catalogue and its form, for any product, inside the limit of available stock.
If an ordered product is not available, the buyer shall be informed by email.
In order for the order to be validated, the buyer must accept these terms and conditions, by clicking the appropriate place.
They will also have to select their address and delivery method, and finally, validate the payment method.
The sale is to be considered definitive:
- After sending confirmation of the buyer’s acceptance of the order by email;
- And after the seller has charged the full price.
Any order shall accept the prices and descriptions of the products available for sale.
Any litigation regarding this aspect arises in the context of an eventual exchange and the followingly mentioned guarantees.
In some cases, such as non-compliance, incorrect address, or other problems in the buyers account, the seller reserves the right to block the buyer’s order until the problem is solved.
Cancelation of the order of this product and its eventual restitution will then be executed, the rest of the order remaining firm and final.
If any questions arise regarding the follow-up of an order, the buyer should phone 0321038626 between 8 AM and 6 PM or write to the customer support service at firstname.lastname@example.org
Article 5 – Electronic signature
The buyer providing their credit card number and final validation of the order is proof of the buyer’s contract:
- Due to the amounts owed under the purchase order,
- Due to the express signature and acceptance of all executed operations.
In case of fraudulent usage of a bank card, the buyer is invited to, as soon as this use is detected, contact 0321038626 or email@example.com
Article 6 – Order Confirmation
The seller provides the buyer with a copy of the contract, in paper signed by the parties, or with the buyer’s consent, on another durable medium, confirming the express reemployment of the parties.
Article 7 – Proof of transaction
Computerized records, stored on the seller’s computer systems in reasonable security conditions, shall be considered proof of communication, orders and payments between parties. The archival of purchase orders and bills is executed on a trustworthy and durable medium that can be produced as evidence.
Article 8 - Information regarding products
The products ruled by these terms and conditions are listed on the seller’s website and are listed as sold and shipped by the seller. They are offered within the limits of available stock.
The products are described and presented with the most precision possible. Nevertheless, if any errors or omissions were to happen regarding this presentation, the seller will not be responsible.
The photos of the products are not contractual.
Article 9 - Price
The seller reserves the right to alter their prices at any moment, but agrees to apply the prevailing taxes referenced at the time of ordering, under reservation of the availability at that date.
Prices are presented in euros. They do not take delivery tax into account, charged additionally, and indicated before the validation of the order. The prices take into account the applicable VAT at the date of the order and any changes to the applicable VAT shall be automatically applied to the prices on the online store. The payment in full must be executed at the time of ordering. At no moment the values paid are to be considered as deposits or instalments.
If one or more taxes or contributions, including environment contributions, were to be created or modified, either upwards or downwards, this alteration may be reflected in the price of sale of the products.
The price is paid in totality and in one single payment by transference, credit card, or PayPal.
Article 10 – Payment method
This is an order with payment obligation, which implies the order involves a payment from the buyer.
To pay for their order, the buyer has the choice of all methods of payment provided by the seller and listed on the seller’s website.
The buyer assures the seller they have the necessary permissions to use their chosen payment method by validating the order purchase.
The seller reserves the right to suspend all management and delivery of the order in case of denial of payment authorization from officially credentialled organisms or in case of non-payment.
Specially, the seller reserves the right to refuse a delivery or to honour an order of a buyer that has not paid a previous order fully or partially, or with whom a payment litigation is being administered.
The seller has a verification procedure for the ongoing order to guarantee nobody uses someone else’s bank details without their knowledge.
As part of this verification, the buyer may be solicited to send an email to the seller with a copy of their ID, as well as proof of residency. The order will only be validated after the seller has received and verified the sent parts.
In case of payment by credit card, the debit is made only at the moment of shipping the order.
Payments made by the buyer will only be considered definitive after the seller has received the money in its total value.
Article 11 – Product Availability - Refunds – Resolution
Except in case of force majeure or during the periods of closure of the online shop, which will be clearly announced on the front page of the website, the shipping time will be, within existing limits, those mentioned below.
Shipping times are counted from the date the order is registered in the mail order confirmation.
For delivering in France Metrópole, the delivery time is between 48 to 72 hours, depending on the date of shipping for any order made before 12:00 from Monday to Friday.
If the date of delivery is not met, the buyer should, before resolving the contract, order the seller to execute the contract in an additional reasonable timeframe.
If not met after this extended period, the buyer may freely resolve the contract.
The buyer must complete these successive formalities by warning letter with proof of receipt or by writing on another sustainable medium.
The contract is to be considered resolved upon the seller receiving the letter informing of this resolution, unless the professional has executed it in the meanwhile.
Nevertheless, the buyer may resolve the contract immediately, if the dates or deadlines above mentioned are an essential condition to their contract.
In this case, upon resolution of the contract, the seller is obligated to reimburse the buyer for all expenditures, within 14 days after the date the contract was denounced. In conformity with the article L. 242-4 of the Consumer Code, when the professional does not reimburse the buyer’s expenditures the following are added:
- The legal tax fee if the reimbursement occurs before 10 days after the 14-day period aforementioned,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% if the delay is between 60 and 90 days,
- And an additional point per month of delay up until the price of the product, and following, the legal tax.
If the ordered product is not available, the buyer shall be informed as soon as possible and will have the option to cancel the order. The buyer is then given the option to request the reimbursement of the expenditures paid until 30 days from the date of the payment, or the exchange of the product.
Article 12 - Delivery
Delivery refers to the transference of physical possession or control of the product to the consumer. It is only executed after confirmation of payment from the seller’s banking organization.
The ordered products are delivered according to the following information: The address of delivery, or retransmission point referred.
If a deadline is not specified, the seller should then execute it without unjustified delay and, in the latest, 30 days after celebration of the contract, if celebrated after the 14th of June of 2014. The method of delivery must be declared. For example, by Collissimo Suivi 48H or by an independent transporter, depending on the size and weight of the products ordered and the exclusive initiative of the seller.
Deliveries are not made to camping parks, hotels, and postal boxes. The products are delivered to the address provided by the buyer on the purchase order, the buyer must guarantee its correctness. Any deliveries returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer’s expense.
The buyer may, at their request, obtain a receipt delivered to the billing address and not to the delivery address, validating the option on the purchase order.
If the buyer is not present on the day of delivery, the delivery driver will leave a notice in the letterbox, allowing the order to be picked up at the time and place specified.
If at the moment of delivery, the original package is damaged, torn or open, the buyer should check the state of the products. If they have been damaged, the buyer must refuse the package and write a reserve on the delivery receipts (“parcel refused because opened or damaged”).
The buyer must indicate on the delivery voucher and, under format of handwriting, a reserve containing a signature and any anomaly regarding the delivery (damage, product missing from the delivery voucher, damaged parcel, broken products, …).
This verification is considered executed as long as the buyer, or a person authorized by them, has signed the delivery order.
The buyer should then confirm by registered mail these reservations to the transporter before 2 days after receiving the product or items and send a copy of that mail by fax or simple mail to the seller at the address referenced in the legal mentions of the website.
If the products need to be returned to the seller, they should be requested in a span of 7 days since the delivery. Any complaint made outside of this timespan will not be accepted. Product returns can only be accepted for products in their original state (package, accessories, instructions, …).
Artigo 13º - Delivery mistakes
The buyer should indicate any delivery mistake or non-compliance of any kind or quality to the seller on the date of delivery, or at the latest, the first weekday after the delivery. Any complaint made after this period will be rejected. The complaint can be made, by choice of the buyer to the email address: firstname.lastname@example.org
Any complaint not made in accordance to the rules above mentioned and within the attributed timeframe will not be considered and absolves the seller of any and all responsibility with the buyer. After receiving the complaint, the seller will attribute an exchange number for the affected product or products and shall communicate it by email to the buyer. The exchange of a product may only occur after the exchange number has been attributed. In case or delivery or exchange error, any product being exchanged or reimbursed must be returned to the seller in its set and original packaging, in Colissimo Recomendado, to the following address:
7 bis rue des moulins 62127 Tincques.
Costs of return are the seller’s responsibility.
Article 14 – Transference of Risks
The property of the sold product is transferred to the buyer as soon as the parts arrive, according to the product and its price. Consequently, the transference of the product’s property and associated risk of loss and deterioration is made, to the buyer, as soon as the order of purchase is accepted by the seller.
The delivery is considered complete as soon as the products ordered by the seller are delivered to the transporter. In these circumstances, the buyer does not have any resource as guarantee against the seller in case of non-compliance regarding the delivery of the transported merchandise.
Article 15 – Product Guarantee
Legal guarantee of compliance and legal guarantee of hidden defects
AMI NATUREL located at Rue des Moulins 62127 TINCQUES is the guarantor of compliance of the merchandise of the contract, allowing the buyer to present a request under the legal guarantee of conformity referred in articles L. 217-4 and following the code of consumption or guarantee of defects of sold product in articles 1641.o and according to the civil code.
In case of the application of legal guarantee of compliance, it’s reminded that the buyer may choose between repairing of substituting the product, under reservation to the cost conditions referred in article L. 217-17 of the Consumer Code;
- The legal guarantee of compliance is applicable independently of commercial guarantee referenced below;
- The buyer may decide to apply the guarantee against hidden defects of a sold product mentioned in article 1641.o of the Civil Code.
In this case, they may choose between the resolution of sale or reduction of price in conformity with article 1644.o of the Civil Code.
Article 16 – Right of withdrawal
According to the consumer code, the buyer has 14 weekdays counting from the date of delivery of their order, to return any items that are not adequate and request an exchange or return with no penalty, with exception to return costs which remain a cost of the buyer.
Nevertheless, the products must be returned in their original package and in perfect conditions in the timespan of 15 days after notifying the seller and the decision of retraction of the buyer.
Returns must be executed in their original and complete state (packaging, accessories, warning…) allowing its reediting in its new state, accompanied with the account of purchase.
Damaged products, dirty or incomplete are not collected. The right of withdrawal can be executed online, using the form of retraction available on the website Aminaturel.com
In this case, a recognition of a lasting medium will be immediately communicated to the buyer.
Any other method of retraction is accepted. It must be unequivocal and express the desire to retract. If the right of withdrawal is exerted within the timeline above mentioned, the price of the purchased product or products is reimbursed and the costs of delivery are reimbursed. The costs of return are the responsibility of the buyer.
The exchange (subject to availability) or reimbursement will be endorsed in the timespan of 15 days after reception of the returned products by the buyer in the aforementioned conditions.
Article 17 - Force majeur
Circumstances not controlled by parties impeding the exercise of their obligations in normal conditions are considered causes of exemption of the obligations of the parties and result in their suspension.
The party that invokes the above circumstances must immediately notify the other party of its occurrence, as well as its disappearance.
Any unpredictable or inevitable facts or circumstances, beside the desire of the parties and that cannot be impeded by the parties, beside all reasonably possible efforts, will be considered a case of force majeur.
Expressly, besides usually retained by court case law and French courts, the following are considered cases of force majeur or fortuitous cases: Blocking of transportation of fuelling of methods of transportation, earthquakes, fires, storms, floods, lightning, epidemics, closing of telecommunication lines or specific difficulties with telecommunication networks outside of customers.
The parties shall unite to review the impact of the event and shall arrive at a deal regarding conditions in which the contract is to be pursued.
If the case of force majeur is to last for more than three months, these terms and conditions may be closed by the affected party.
Article 18 – Intellectual Property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole proprietary of the intellectual property rights of this content. The buyer agrees to not make use of any of this content; any total or partial reproduction of this content is strictly prohibited and susceptible to constitute a counterfeiting crime.
Article 19 - Computers and Freedom
Personal data provided by the buyer is necessary to process the order and execute the receipts.
They may be communicated to sellers responsible for the execution, processing, management, and payment of orders.
Processing of provided information through the Aminaturel.com website has been communicated to the CNIL.
The buyer has the right to permanent access, modification, correction and opposition to the information regarding them.
This right may be exerted in the conditions and according to the terms defined on the Aminaturel.com website.
Article 20 – Non-partial validation
If one or more dispositions of these terms and conditions are considered invalid or declared invalid due to a law, regulation or as a result of a final decision from a competent court, the other dispositions will preserve their complete effect and purpose.
Article 21º - Non-renouncing
Non-compliance with part of a violation or violation of part of any obligation covered in these terms and conditions can not be interpreted in the future as a renouncement to the obligation in cause.
Article 22 - Title
If there is any difficulty interpreting any title of the clauses and any one of the clauses, the titles are to be considered non-existent.
Article 23 – Language of contract
These terms and conditions of sale are written in French. In the case of them being translated to one or more other languages, only the French text is authentic in case of litigation.
Article 24 - Mediation
The buyer may recur to conventional mediation, such as the Consumer Mediation Comisison or existing sectorial mediation organisms, or any alternative method of litigation resolution (conciliation, for example) in case of impugnation.
According to the dispositions of the Consumer Code relative to the friendly resolution of litigations, it will be done by the Service of Provider of Justice of Electronic Commerce of Fevead (Federation of electronic commerce and long-distance sales), with the following contact information:
60 rue de la Boétie - 75008 Paris
Article 26 – Applicable law
These terms and conditions are subject to application of French right, excluding the dispositions of the Vienna Convention. It is the case of substantive rules, as well as rules of form. In case of litigation or complaint, the buyer shall recur firstly to the seller to obtain a friendly solution.
ATTACHMENT 1 – Legal dispositions of guarantee
reproduction of sections L. 217-4, L. 217-5, L. 217-12, and L. 217-16 of the Consumer Code and reproduction of the articles 1641.o and 1648.o of the Civil Code.
ATTACHMENT 2 – Retraction form
see E-commerce et vente à distance
Copyright 2020 - Legislative Editions – All Rights Reserved.