ARTICLE 1 – Scope
These General Conditions of Sale apply, without restriction or reservation to all sales
concluded by the company AAMA Design, holder of the domain name aamadesign.fr (“the Seller”)
with consumers and non-professional purchasers (“Clients or the Client”), wishing
acquire the products offered for sale by the Seller (“The Products”) on the website
www.aamadesign.fr
They specify in particular the conditions of order, payment, delivery and management of
possible returns of Products ordered by Customers.
These General Conditions of Sale may be supplemented by conditions
particulars, set out on the website, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and
in particular those applicable for sales in stores or by means of other channels of
distribution and marketing.
They are accessible at any time on the website www.aamadesign.fr and will prevail, as the case may be.
applicable, on any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version
applicable to the Customer's purchase is that in force on the website on the date of placing the
ordered.
ARTICLE 2 – Products offered for sale
The main characteristics of the products and in particular the specifications, illustrations and
indications of dimensions or capacity of the Products, are presented on the website
www.aamadesign.fr in the “Shop” section.
The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website are not contractual and do not
can engage the responsibility of the Seller.
The Customer is more particularly informed that the objects manufactured by the Seller and offered for sale
sale are handmade and may have differences in size or color shade,
each piece being unique, each bath of color may vary. Irregularities formed by
Air bubbles when molding parts may appear on parts.
Products made from natural materials may also vary in shape and
dimension (all proportion and design kept).
The Customer is required to refer to the description of each Product in order to know its properties,
essential features and delivery times.
The contractual information is presented in French and is subject to confirmation.
at the latest at the time of validation of the order by the Customer.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the
or Products concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes
automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes are likely
to be required. They will be charged to and are the sole responsibility of the Client.
ARTICLE 3 – Duration of validity of the Product offer
The products are offered for sale while stocks last.
In the event of an order for a product that has become unavailable, the Customer will be informed of this unavailability.
as soon as possible by e-mail or by post.
ARTICLE 4 – Contact details of the Seller – Customer Relations
For any information, question or complaint, the Customer may contact, Monday to Friday from 9 a.m.
at 5 p.m. at the Seller's Customer Relations Department:
AAMA Design
355 rue Lecourbe
75015 PARIS
e-mail: bonjour@aamadesign.fr
Tel: 07 68 38 81 70
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR
(General Data Protection Regulation) entered into force on May 25, 2018, the Customer has,
at any time, a right of access, rectification, opposition, erasure and portability of
all of his personal data by writing, by mail and justifying his identity, to
the Seller's address, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of the present
Terms of Sales.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the
website www.aamadesign.fr
ARTICLE 5 – Orders
The Customer validates his order when he activates the "confirm your order" link at the bottom of the page
"Summary of your order" and after having accepted these General Conditions of
Sale.
Before this validation, the Client is systematically offered to check each of the elements of
his order in order to make any changes.
The Seller confirms the order by e-mail summarizing all the products
orders.
Failing receipt of this email, the Customer is invited to contact bonjour@aamadesign.fr
The recorded data constitutes proof of the nature, content and date of the
ordered. These are archived by the Seller under the legal conditions and deadlines and are
accessible to the Customer via the Customer Relations department.
Once confirmed and accepted by the Seller, under the conditions described above, the order
can not be canceled, except the exercise of the right of withdrawal or case of force majeure.
ARTICLE 6 – Rates
The Products are supplied at the current prices listed on the website under the “Shop” section,
when the order is registered by the Seller.
Prices are expressed in Euros, excluding and including tax.
The prices take into account any reductions that may be granted by the Seller on the site.
Internet.
These rates are firm and non-revisable during their period of validity, as indicated on the site.
Internet, the Seller reserves the right, outside this period of validity, to modify the prices at any
moment.
They do not include shipping costs that appear on the screen at the end of the selection of
different Products by the Customer.
An invoice is established by the Seller and given to the Customer upon delivery of the Products.
orders.
ARTICLE 7 – Terms of payment
The price is payable in cash, in full on the day the order is placed by means of payment
secure, as follows:
– by credit card,
– via paypal or stripe,
- Wire Transfer.
Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In
this case, the Customer may request the cancellation of the payment and the restitution of the sums
corresponding.
No discount will be granted in the event of early payment by the Customer.
ARTICLE 8 – Deliveries
The Products ordered by the Customer are delivered in the countries of the European Union to the address
indicated by the Customer when ordering on the website within 4 to 6 weeks.
Delivery is constituted by the transfer to the Customer of the physical possession or control of the
Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered
once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer
within the time limits specified above.
However, these deadlines are given for information only.
If the Products ordered have not been delivered within one month after the indicative date of
delivery, for any reason other than force majeure or the act of the Customer, the sale may be canceled
at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the
Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days of
following the date of termination of the contract, excluding any compensation or deduction.
In the event of non-conformity of the Product delivered, the Seller undertakes to remedy it or to reimburse the
Customer, as indicated in the article – “Seller's Liability – Warranty”.
The Seller assumes the transport risks and is required to reimburse the Customer in the event of
damage caused during transport.
Deliveries are made by an independent carrier, to the address given by the Customer.
when ordering and which the carrier can easily access.
When the Customer is responsible for using a carrier of his choice, delivery is
deemed to have been made upon delivery of the Products ordered by the Seller to the carrier as soon as it
handed over the Products sold to the carrier who accepted them without reservations.
The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no
no warranty claim against the Seller in the event of failure to deliver the goods
transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the
products ordered, duly accepted in writing by the Seller, the related costs will be subject to
additional specific invoicing, on estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. It has a period of 72 hours from
the delivery to formulate to the Customer Relations department, by e-mail exclusively, all
reservations or complaints for non-conformity or apparent defect of the Products delivered (for example parcel
damaged already opened), with all the supporting documents relating thereto (photos in particular).
After this period and failing to comply with these formalities, the Products will be deemed to be compliant and
free from any apparent defect and no complaint can be validly accepted by the
Seller.
The Seller will reimburse or replace as soon as possible and at the latest within fourteen
days, at its expense, the Products delivered whose lack of conformity or apparent or hidden defects
will have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following
of the Consumer Code and those provided for in these General Conditions of Sale (see
warranties, etc.).
ARTICLE 9 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after complete
payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 10 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days to
from the receipt of the Product to exercise his right of withdrawal from the Seller, without
have to justify reasons nor to pay penalty, at the end of exchange or refund, provided
that the Products are returned in their original packaging and in perfect condition within fourteen
days at most following the communication of the decision to withdraw, following the notification to the
Seller of the Customer's withdrawal decision.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.)
allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised by sending us an email to the address
bonjour@aamadesign.fr , in which case an acknowledgment of receipt on a durable medium will be
immediately communicated to the Customer by the Seller, or any other declaration, devoid of
of ambiguity, expressing the desire to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased
and delivery costs are reimbursed; the return costs remain the responsibility of the Customer.
Reimbursement will be made within fourteen days of notification to the
Seller of the withdrawal decision.
ARTICLE 11 - Seller's liability - Warranty
The Products sold on our website comply with the regulations in force in France
and have performances compatible with non-professional uses.
The Products supplied by the Vendor benefit by right and without additional payment,
regardless of the right of withdrawal, in accordance with the legal provisions:
– the legal guarantee of conformity, for Products that are apparently defective, damaged or
damaged or not corresponding to the order,
– the legal guarantee against hidden defects resulting from a defect in material, design or
manufacturing affecting the products delivered and rendering them unfit for use.
In order to assert his rights, the Customer must inform the Seller, by e-mail
exclusively, of the non-conformity of the Products within a maximum period of 72 hours from
the delivery of the Products or the discovery of hidden defects within the time limits referred to above and
return or return defective Products to the store in the condition in which they were received
with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed not
compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be
reimbursed on presentation of receipts.
Reimbursements for Products found to be non-compliant or defective will be made within
as soon as possible and at the latest within 14 days following the observation by the Seller of the defect of
compliance or hidden defect.
Reimbursement will be made by crediting the Customer's bank account or by bank check
addressed to the Customer.
The responsibility of the Seller cannot be engaged in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, that it is up to the Customer to
check,
– in case of misuse, use for professional purposes, negligence or defect
maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force
major.
The Seller's warranty is, in any event, limited to replacement or reimbursement
Products that are not in conformity or affected by a defect.
ARTICLE 12 – Protection of personal data
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is
reminded that the personal data requested from the Customer are necessary for the processing of his
orders and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for
the execution, processing, management and payment of orders.
The processing of information communicated through our website meets the
legal requirements regarding the protection of personal data, the information system used
ensuring optimal data protection.
The Customer has, in accordance with the national and European regulations in force, a right
permanent access, modification, rectification, opposition to portability and limitation of the
treatment with regard to information concerning him.
according to the terms set out on the website.
ARTICLE 13 – Intellectual property
The content of the website is the property of the Seller and is protected by French laws and
international intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to
constitute an offense of counterfeiting.
ARTICLE 14 – Force majeure
The Parties cannot be held responsible if the non-execution or the delay in
the performance of any of their obligations, as described herein, arises
a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 15 – Applicable law – Language
These General Terms and Conditions of Sale and the resulting operations are governed by the
French right.
They are written in French. In the event that they are translated into one or more
languages, only the French text shall prevail in the event of a dispute.
ARTICLE 16 – Disputes
All disputes to which the purchase and sale transactions concluded pursuant to these
general conditions of sale could give rise, concerning their validity, their interpretation,
their execution, their termination, their consequences and their consequences and which could not have been resolved
between the seller and the customer will be submitted to the competent courts under the conditions of law
common.
The Customer is informed that he can in any case resort to conventional mediation,
in particular with the Consumer Mediation Commission (C. consum. art. L 612-1).
ARTICLE 17 – Pre-contractual information – Customer acceptance
The fact for a natural person (or legal entity), to order on the website
www.aamadesign.fr implies acceptance and full acceptance of these Conditions
General Terms of Sale and obligation to pay for the Products ordered, which is expressly
recognized by the Customer, who waives, in particular, to rely on any contradictory document, which
would be unenforceable against the Seller.
ANNEX 1
– Provisions relating to legal warranties
Article L217-4 of the Consumer Code The seller is required to deliver goods that comply with the contract
and responds to any lack of conformity existing at the time of delivery. It also responds to defects in
conformity resulting from the packaging, the assembly instructions or the installation when the latter has
been charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must:
– Be fit for the use usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that this one has
presented to the buyer in the form of a sample or model
– present the qualities that a buyer can legitimately expect given the declarations
public information made by the seller, by the producer or by his representative, in particular in the
advertising or labeling
– Or have the characteristics defined by mutual agreement by the parties or be specific to any
special use sought by the buyer, made known to the seller and that the latter has
accepted.
Article L217-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by
two years from the delivery of the property.
Article L217-16 of the Consumer Code When the buyer asks the seller, during the
course of the commercial guarantee which was granted to it during the acquisition or repair of a
movable property, repair covered by the warranty, any period of immobilization of at least
seven days is added to the remaining warranty period. This period runs from
the buyer's request for intervention or the provision for repair of the property in question,
if this provision is subsequent to the request for intervention.
The seller is bound by the guarantee on account of the hidden defects of the thing sold which make it
unsuitable for the use for which it is intended, or which diminish this use so much that the buyer does not
would not have acquired it, or would have given only a lesser price for it, if he had known them.
Article 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by
the purchaser within two years from the discovery of the defect. 7
APPENDIX 2
– Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the
order placed on aamadesign.fr except exclusions or limits to the exercise of the right of withdrawal
in accordance with the applicable General Terms and Conditions of Sale.
To the attention of
AAMA DESIGN
355 rue Lecourbe
75015 PARIS
I hereby notify the withdrawal of the contract relating to the order of services
below :
– Order of: …/…/….
– Order number: …………………………………………………..
- Client name : …………………………………………………………………
– Customer address: ……………………………………………………………..
Signature of the Client (only in the event of notification of this form on paper)
ANNEX
WARNING !!! Upon receipt of the goods, it is your responsibility to:
- Check the status of your ordered products.
- Open your parcels in front of the carrier to check its contents and condition (even under
packaging intact, there may be damage).
If the driver refuses this check, specify this on the transport slip before signing it.
If you notice ANY DAMAGE ON THE DELIVERED PRODUCTS
You can either:
1) REFUSE THE GOODS if you find that it is unusable. ABOVE ALL
IF YOU HAVE CHOSEN TO REFUSE THE GOODS, PLEASE NOTIFY ON THE
“REFUSED FOR DAMAGE” FORM.
2) INDICATE ANY DAMAGES NOTED on the transport receipt in a clear and precise manner. (examples: broken product, pierced or torn product, missing product...). The notion "UNDER
RESERVE FOR UNPACKING” remaining completely ineffective because it has no value.
• Attention, according to article L133 of the commercial code, NO REFUND or
CHANGE of goods received cannot take place without specific reservations on the slip
Delivery.
Thank you for shopping online with us!