These general conditions of sale aim to define the rights and obligations of AWAKE CONCEPT and of the Customer of products presented by AWAKE CONCEPT on its site www.awakeconcept.com (hereinafter “the Site”). They apply exclusively between AWAKE CONCEPT SAS with capital of € 11,636.00 registered under number 84927110100016 RCS, whose head office is located at 5 Rue Hélène 75017 Paris, France (hereinafter “AWAKE CONCEPT”) and any consumer who is a natural person visiting or making a purchase via the said Site (hereinafter “the Customer”).
On the Site, AWAKE CONCEPT allows the Customer to order online products of the AWAKE CONCEPT brand (hereinafter “the Product (s)”) in accordance with these general conditions. Any order placed with AWAKE CONCEPT therefore entails the unconditional acceptance by the Customer of these conditions. These general conditions can be modified at any time and without notice by AWAKE CONCEPT, the applicable conditions being those in force on the date of the order by the Customer.
- PRODUCTS AND COMPLIANCE
2.1. The Products for sale are presented on the AWAKE CONCEPT website and accompanied by a description.
2.2. The Products offered by AWAKE CONCEPT comply with the standards applicable in France.
Items such as photographs, text, graphics, as well as all information and characteristics illustrating and / or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, AWAKE CONCEPT can not incur the slightest responsibility in the event of error or omission of one of these elements or in the event of modification of said elements by suppliers and / or publishers.
- CLIENT'S OBLIGATIONS
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
3.2. The Customer undertakes to communicate to AWAKE CONCEPT the actual elements of information necessary for the performance of the service subject to these conditions as requested online and according to his situation, in particular his name, first name, address, telephone and valid e-mail.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose recovery would be illegal.
3.3. Once the order has been placed, AWAKE CONCEPT sends the Customer an e-mail confirming it. He informs him of the shipment of the Products.
3.4. The Customer can modify their data in the "my account" section.
4.1. Any order will only be validated after acceptance of payment.
4.2. AWAKE CONCEPT reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.
4.3. AWAKE CONCEPT can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.
If, despite the vigilance of AWAKE CONCEPT, the Products are unavailable, AWAKE CONCEPT will inform the Customer by e-mail as soon as possible. The Customer can then cancel his order and be reimbursed, if applicable, the sums already paid.
The definitive or temporary unavailability can in no way engage the responsibility of AWAKE CONCEPT, nor can it give rise to any right to compensation or damages in favor of the Customer.
5.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may apply).
The shipping costs will be indicated in the Customer's basket, before the final validation of the order.
The prices can be modified at any time, without notice and in particular in the event of change of fiscal or economic data. The items will be invoiced on the basis of the rates in effect at the time the order is placed.
6.1. AWAKE CONCEPT delivers its Products in Metropolitan France, Corsica included, in Europe, and in countries outside the European Union.
The products are shipped with the delivery slip, to the delivery address specified by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that they have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase, access codes names and / or intercom numbers, etc.).
In the event of a delivery delay of more than 14 working days, if the product has not been shipped, the Customer may denounce the order by registered letter with acknowledgment of receipt and request a refund of his order.
If the item was shipped before receipt of the cancellation of the order for a delivery delay of more than 14 days, AWAKE CONCEPT will refund the item and the shipping and return costs, upon receipt of the same. here, complete, in original condition and with all tags.
AWAKE CONCEPT undertakes to inform the Customer of the progress of the processing of his order.
In the event of damaged packages (already open, missing products, etc.), the Customer agrees to notify the carrier and AWAKE CONCEPT, by all means, of any reservations within 10 days of receipt of the product.
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The Customer pays for his order by credit card (Visa, Eurocard / Mastercard) in accordance with the provisions of this article.
For any transaction, the Customer will indicate the number appearing on the front of his card, the expiration date of his card and the cryptogram appearing on the back of his card (last three digits).
The communication by the Customer of his bank card number constitutes authorization for AWAKE CONCEPT to debit his account up to the amount of his order.
No cash on delivery will be accepted, whatever the reason.
AWAKE CONCEPT retains ownership of the item until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by AWAKE CONCEPT are 100% secure. For payments by credit card (credit card, visa credit card and e-credit card), the company STRIPE FRANCE is responsible for securing payments. All information that Customers communicate to AWAKE CONCEPT is strictly protected and guarantees the compliance and security of each transaction.
- EXCHANGES AND RETURNS OF PRODUCT (S)
RIGHT TO RETRACT
You have fifteen (15) days following receipt of your order to inform us of your wish to return part or all of your order. If this period normally expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
To return a product, the Customer must first make a return request by email to firstname.lastname@example.org
The return or exchange is at the expense of the Customer. The Product must be returned within fourteen days in its original packaging, in its original condition, new.
If the item is not returned by the Customer within fourteen days of receipt of the postage label, the return is considered canceled and the Customer must keep the product.
The returned Product will be reimbursed within a maximum of fourteen (14) days from its receipt by AWAKE CONCEPT, by crediting the amount to be reimbursed to the Customer's bank account.
If the Customer does not comply with these conditions, in particular the return or exchange conditions, AWAKE CONCEPT cannot reimburse the Products concerned.
- GUARANTEES AND RESPONSIBILITY
AWAKE CONCEPT has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. AWAKE CONCEPT cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any fact qualifying as force majeure, in accordance with to law and jurisprudence.
- INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, videos, etc.).
This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial reasons without the express written permission of AWAKE CONCEPT.
In general, all copyright, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of AWAKE CONCEPT.
The Customer is therefore bound to respect intellectual property rights and may in no way use the brands appearing on the Site and on the Products, if applicable, or register a trademark which would be detrimental to the holder of the rights, unless otherwise provided by contract.
The same is true for any other intellectual property right.
- GUARANTEES AND RESPONSIBILITY
AWAKE CONCEPT undertakes to use the confidential information of Customers only in the context of the operation of its Site.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it.
As such, information concerning him may be communicated to technical service providers of AWAKE CONCEPT.
In addition, AWAKE CONCEPT may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has the right to access and rectify personal data concerning him appearing in the files of AWAKE CONCEPT. All requests must be sent by e-mail to: email@example.com.
- FORCE MAJEURE
In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil disturbance, insurgency, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event lasts for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
- GENERAL PROVISIONS
13.1. Partial invalidity of a clause
If any of the provisions of these conditions is declared null or not enforceable by a competent court, it will be declared unwritten and will not invalidate the other provisions.
These general conditions can be modified at any time and without notice by AWAKE CONCEPT, the applicable conditions being those in force on the date of the order by the Customer.
13.3. Applicable law - Competent court
These general conditions are subject to French law as regards both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding the plurality of defendants or call in warranty.
13.4. Reproduction of applicable texts (order 2005-136 of February 17, 2005, Consumer Code, Civil Code)
Art. L. 211-4. of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Art. L. 211-5. of the Consumer Code
- To comply with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, if applicable:
- Correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model;
- Present the qualities that a Client can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
Art. L. 211-12. of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.
Art. 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.