The shop on line of the VotreBoutique.fr site was installation by the company www.phyto-aroma.com which is the operating one of this site.
Very order taking under a product appearing within the shop on line of the Web site Phyto-Aroma.com implies the preliminary acceptance of these general conditions.
Consequently, the consumer recognizes perfectly informed being owing to the fact that its agreement concerning the contents of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the shop of the Web site.
The consumer has faculty to safeguard or publish the present general conditions, being specified that as well the safeguard as the edition of this document raise of its only responsibility, these general conditions of sale being able to be likely to undergo modifications. In this case, the applicable conditions will be those in force on the site at the date of the order.
- presentation of the essential characteristics of the goods proposed;
- indication, in euros (including all taxes) of the price of the goods, like, if necessary, of the expenses of delivery;
- indication of the execution or delivery, modes of payment;
- the existence of a right of retractation;
- period of validity of the offer or the price;
the whole of this information are presented in English language. The consumer states to have the full legal capacity allowing him to engage under the present general conditions.
Article 1: Integrality
The present general conditions express the entirety of the obligations of the parts. In this direction, the consumer is considered to accept without reserve the entirety of the provisions envisaged under these general conditions of sale. VotreBoutique.fr is for its part committed respecting its role of retailer within the framework of the aforesaid conditions.
Article 2: Object
The present general conditions have the aim of defining the rights and obligations of the parts within the framework of the sale in line of goods and services suggested by the company owner of the VotreBoutique.fr site in the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented by decreasing hierarchical order:
- present general conditions;
- the purchase order.
In the event of contradiction between the provisions contained in the documents of different row, the provisions of the document of higher row will prevail.
Article 4: Entry into force - duration
The present general conditions come into effect at the date of signature of the purchase order.
The present general conditions are concluded for the duration necessary to the supply from the goods and subscribed services, until the extinction of the guarantees.
Article 5: Validation of the orders and electronic signature (law of the March 13,2000 on the electronic signature.)
Purchase order signed of the consumer by “double click” constitutes an irrevocable acceptance which can be called into question only in the cases limitativement envisaged under the present general conditions of sale like “right of retractation” and “out-of-stock condition”.
The “double click” associated with the procedure with authentification and nonrepudiation and with protection with the integrity with the messages constitutes an electronic signature. This electronic signature has value between the parts like a handwritten signature.
Article 6: Confirmation of order
Contractual information will be the subject of a confirmation by e-mail way. Certain orders must be checked on behalf of our service checking. You will be in this case prevented by e-mail of the justifying documents to send in order to obtain the final validation of your order. VotreBoutique.fr reserves the right to cancel the order in the event of nonreception as of the these justifying documents or reception of documents considered to be nonin conformity.
Any order paid by cheque or mandate cash will be treated only with reception of the means of payment. The times of availability as of forwarding are to be recomputed starting from the date of reception of the means of payment.
VotreBoutique.fr recommends to the customer to preserve a trace paper or on machine readable medium reliable, the data relating to its order.
The customer must check exhaustiveness and the conformity of the information which it provides to VotreBoutique.fr. The latter could not be held responsible for possible errors of seizure and the consequences in terms of delay or error of delivery. In this context, all the expenses engaged for the reforwarding will be the responsibility of the customer.
Article 7: Proof of the transaction
The computerized registers, preserved in the information processing systems of VotreBoutique.fr under reasonable conditions of safety, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts.
the filing of the purchase orders and the invoices is carried out on a reliable and durable support being able to be produced as proof.
Article 8: Information on the products
8-a: The company of VotreBoutique.fr present on its Web site the products to be sold with the characteristics necessary which make it possible to respect the article L 111-1 of the Code of the consumption, which envisages the possibility for the potential consumer of knowing before the final order taking the essential characteristics of the products that it wishes to buy.
8-b: The offers presented by the company on VotreBoutique.fr are valid only within the limit of stocks available. VotreBoutique.fr reserves the right to modify the set of the products according to constraints' imposed by its suppliers.
8-c: The offered products are in conformity with the French legislation into force and the applicable standards in France. The photographs, texts, graphics information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the responsibility for VotreBoutique.fr could not be committed in the event of error or of omission in one of these photographs, texts or graphics information or characteristic of the products or in the event of modification of the characteristics of the products by the suppliers.
8-d: VotreBoutique.fr could not be held for person in charge for the inexecution of the contract concluded in the event of unavailability or out-of-stock condition of the product, of cause beyond control, disturbance or all-out strike or partial in particular of the mail service and means of transport and/or communications, flood, fire. VotreBoutique.fr will not incur any responsibility for all consequential damages because of present, trading loss, loss of profit, loss of chance, damage or expenses, which could occur because of purchase of the products. We remind to you that it is advisable to proceed to the safeguard of the data contained in the bought products. VotreBoutique.fr could not be responsible for all losses of data, files or of the damage defined in the preceding paragraph.
8-e: total or partial impossibility to use the products in particular due to incompatibility of material can give place to no compensation or refunding or blamed for the responsibility for VotreBoutique.fr, the customer remaining only judge of the accountancy of the products ordered with those already in its possession.
8-f: Bonds hypertexts can return towards other sites that the site “VotreBoutique.fr”. VotreBoutique.fr releases any responsibility if the contents of these sites would contravene the legal and lawful provisions into force.
8-g: Our products have performances compatible with occupational uses even if VotreBoutique.fr does not have vocation to sell to professionals. VotreBoutique.fr will not be able consequently to see its committed responsibility for any damage whatever it is resulting from an occupation.
8-h: VotreBoutique.fr guarantees the Purchaser, under them hidden defects which can affect the delivered products, within the framework of a replacement of the defective products, or parts making them unsuitable with their use, or their refunding without being able to be considered by the Purchaser as responsible for the possible detrimental consequences that these hidden defects could have involved.
Article 9: Price
The prices are indicated in Euros and are applicable only to the dispatch date of validation of the order by the consumer.
They do not take account of the expenses of delivery, invoicees in supplement, and indicated before the final validation of the order. VotreBoutique.fr reserves the right to invoice with the consumer, with the lower part of a certain threshold of order, a share in the expenses of port. This threshold as well as the required participation are clearly stipulated on the VotreBoutique.fr. site.
The prices take account of the VAT applicable to the day of the order and any change of the statutory rate of T.V.A will be automatically reflected on the price of the products presented on the site, at the date stipulated by the decree of application.
The entirety of the payment must be carried out during the ordering, except specific offer indicated on the site. No moment, the versed sums could be regarded as down payments or installments.
Article 10: Mode of payment
To regulate his order, the consumer lays out, with his choice, of the whole of the modes of payment aimed within the purchase order, namely: bank card and credit transfer.
In the event of payment by cheque, this one must be emitted by a bank domiciled in Metropolitan France or in Monaco. Any order paid by cheque will be treated only with reception of the means of payment. The times of availability as of forwarding are to be recomputed starting from the date of reception of the means of payment.
Accounts - cheques are cashed as of validation of the order.
The consumer guarantees to VotreBoutique.fr that it has the authorizations possibly necessary to use the mode of payment chosen by him, during the validation of the purchase order.
VotreBoutique.fr reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment per bank card on behalf of the officially accredited organizations or in the event of nonpayment.
VotreBoutique.fr reserves in particular the right to refuse to carry out a delivery or to deliver an order emanating with a consumer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration.
VotreBoutique.fr set up a procedure of checking of the orders intended to make sure that no person uses the banking co-ordinates of another person without her knowledge. However, the consumer remains opinion that VotreBoutique.fr could not be held for person in charge for all fraudulent embezzlements or uses of any average of payment which would not have been detected by the procedure of checking.
Within the framework of this checking, it will be requested from the customer to address by fax or e-mail to the VotreBoutique.fr company a copy of an identity paper as well as a document in proof of residence. The order will be validated only after reception and checking by our services of the parts sent. In the absence of reception of these parts within 15 day following the placing of order, the latter famous will be automatically cancelled.
VotreBoutique.fr preserves the property full and whole market products to perfect cashing of all the sums which had by the consumer within the framework of his order, expenses and inclusive of tax.
The transfer of property of a good bought to VotreBoutique.fr by the consumer to a third person, will not be dealt with by VotreBoutique.fr.
Only the purchaser of origin of this good can claim to reach the clauses of these general conditions of sale.
Article 11: Availability of the products
The order will be carried out at the latest within 30 days as from the day following that where the ordering of the consumer was definitively validated (average of received payment and procedure of checking of order carried out).
In the event of unavailability of the ordered product, in particular because of our suppliers, the consumer will be as soon as possible informed and will have the possibility for it of cancelling his order. The consumer will have then the choice to ask either for refunding, if necessary, of the sums paid in the 30 days at the latest of their payment, or an exchange of product of characteristics and equivalent price, if RueDuCommerce is able to get it.
In the event of impossibility of exchange, VotreBoutique.fr reserves the right to cancel the customer order and to refund the versed sums.
Information on the availability of the products being transmitted by our suppliers, the unavailability of the product could not urge the responsibility for VotreBoutique.fr nor to open right to damages for the customer.
Article 12: Methods of delivery
The products are delivered to the address indicated by the consumer on the purchase order and only Metropolitan France, Monaco.
The customer must check exhaustiveness and the conformity of the information which it provides to VotreBoutique.fr. The latter could not be held responsible for possible errors of seizure and the consequences in terms of delay or error of delivery. In this context, all the expenses engaged for the reforwarding of the order will be entirely the responsibility of the customer.
www.phyto-aroma.com could not be held for person in charge for delays of delivery because of errors or ascribable disturbances with the conveyors (all-out strike or partial in particular of the mail service and means of transport and/or communications).
The consumer is held to check the state of the packing of the goods to the delivery and to announce the damage which had to the conveyor on the delivery order, like in www.phyto-aroma.com, within two day wrought.
The consumer will be informed by e-mail of the imminence of a sending concerning his order. In the event of delay of delivery of more than three days compared to the date that we indicated to you in the e-mail of forwarding, we suggest checking near your post office which the parcel is not in authority, then to announce us if necessary this delay by calling us by telephone or by sending an e-mail to us.
We will then contact the Post office to make start an investigation. A Poste investigation can last up to 21 days wrought as from the date of its opening. So during this time, the product is found, it will be rebooked immediately in your residence. If on the other hand the product is not found at the end of the 21 days deadline wrought of investigation, the Post office regards the parcel as lost. It is only at the end of this time that we can return you a product of replacement, to our expenses. If the ordered products were not available any more at this time, we would refund you assembling it of the products concerned with the loss of the conveyor.
Article 13: Problems of delivery because of the conveyor
Any anomaly concerning the delivery (damages, produced missing compared to the delivery order, damaged parcel, broken products…) will have to be imperatively indicated on the delivery order in the form of “handwritten reserves”, accompanied by the signature of the customer.
In the case of a sending carried out by the Post office, if the parcel arrives open or damaged (in particular with the presence of the yellow sctoch “the Post office”) it is essential that the customer makes establish by the factor or the post office of which it depends a “report on spoliation” (report 170) so that www.phyto-aroma.com can file an investigation and proceedings of compensation.
The consumer will have in parallel to confirm this anomaly by addressing to the conveyor in the two (2) following working days the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints.
The consumer will have simultaneously to transmit copy of this mail (with the original of the “report of spoliation” if necessary) by simple mail. Any complaint arrived except time will be rejected.
Article 14: Errors of delivery - Products nonin conformity
14-a: The consumer will have to formulate at www.phyto-aroma.com delivery the very same day or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any complaint formulated beyond this time will be rejected without possibility of recourse.
14-b: The formulation of this complaint at www.phyto-aroma.com could be made by contacting us by postal mail, by e-mail like by telephone.
14-c: Any complaint not carried out in the rules defined above and the time limits could not be taken into account and will release VotreBoutique.fr of any responsibility with respect to the consumer.
14-d: reception of the complaint has, www.phyto-aroma.com will allot a number of return product (S) concerned (S) and will communicate it to the consumer. The return of a product can take place only after the attribution of this number of agreement according to the step presented above.
14th: Very produced to exchange or refund will have to be turned over in the 8 wrought days according to the reception of the agreement of return to www.phyto-aroma.com in its entirety (accessories and notes included/understood) and in its packing of origin in perfect state, in Colissimo Recommandé with insurance covering the commercial value of the turned over products. To be accepted, any return will have to be announced as a preliminary to the Customer service of www.phyto-aroma.com the number of granted return will have to be reproduced obviously on the packing of return and the good of printed return, slipped inside the parcel.
The expenses of sending advanced by the consumer will be refunded to him by VotreBoutique.fr (on documents in proof and within the limit of the cost of a sending in colissimo recommended), except if it would prove that the taken again product does not correspond to the declaration of origin made by the consumer in the good of return.
Fault of respect of the procedure above no complaint for nonconformity or vice apparent of the delivered products could be accepted.
Article 15: Right of retractation
VotreBoutique.fr grants to the consumer a time retractation some 7 days calendar to turn over, with its expenses, the products not being appropriate to him. This time court as from the day of delivery of the ordering of the consumer. Any return will have to be announced as a preliminary near the Customer service of VotreBoutique.fr. produces It will have to be turned over in Colissimo Recommandé with insurance of the commercial value of the products. In all the cases the return is carried out with the risks of the consumer.
VotreBoutique.fr recommends to the to consume to curry out the return off its products in colissimo provided with has recommendation gold has complementary insurance guaranteeing to him, yew necessary, the compensation for the products to height off to their real commercial been worth in the vent off spoliation gold off loss off thesis goods.
VotreBoutique.fr recommends to the consumer on-to pack packing of origin of its products, because only will be taken again the products returned in their entirety (accessories, drivers, handbooks, cover etc), in their packing of origin, the unit having to be intact and in a perfect state of resale.
Very product which would have been damaged, incomplete, or whose packing of origin will have been deteriorated, neither will be refunded nor exchanged.
The products being able to be to copy (such as software, discs, Romanian CD, sets of consoles, films DVD) must not be loosened, so that the consumer can profit from the right of retractation.
This right of retractation is exerted without penalty, except for the expenses of return which remain with the load of the consumer. On the assumption of the exercise of the right of retractation, the consumer has the choice to ask either for the refunding of the paid sums, or an exchange of an amount are equivalent to the naps versed or, if necessary, with banking complement, the expenses of reforwarding remaining with the load of the consumer.
In the event of exercise of the right of retractation, VotreBoutique.fr will make all the efforts to refund the consumer within 15 day. However, taking into account the technical character of the market products, this time could be extended to 30 days, in particular when the product needs a technical checking by the SAV of VotreBoutique.fr (these products having to be tested as a preliminary).
The consumer will then be refunded by Re-credit of his bank account (protected transaction) in the event of payment by bank card, or cheque in the other cases.
Article 16: Guarantee of the products
In accordance with article 4 of the decree n°78-464 of the March 24,1978, the provisions of present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the hidden defects of the sold thing. This clause is applicable only within the framework of a complete payment of the order.
The consumer is expressly informed that VotreBoutique.fr is not the producer of the products presented within the framework of the Web site, within the meaning of the law n°98-389 of the May 19,1998 and relating to the product liability defective.
Consequently, in the event of damage caused with a person or a good by a defect of the product, only the responsibility for the producer of this one could be sought by the consumer, on the basis of information being reproduced on of the aforesaid packing produces.
The conditions and the warranty period producer those indicated on the cards produced are presented on the site at the moment of the order.
Taking into account the frequency of renewal of the technical components of products, VotreBoutique.fr will be able, on request, to inform the consumer of the availability of the spare parts of the products concerned or possibly of the methods to get them.
In the case of a defective product during the period of guarantee, the customer is invited to contact the service customers which will indicate the procedure to him to turn over its product. No return will be accepted without prior agreement materialized by the emission of a number and a good of agreement of return. This agreement of return is valid throughout one 8 day wrought. As from its attribution, the defective product will have to be turned over to VotreBoutique.fr in its packing of origin, complete (with notes, accessories, etc), the unit protected by a on-packing making mention in a visible way of the number of return communicated by VotreBoutique.fr, the good of return being joined in the parcel before the sending.
All the expenses and risks related to the return of the defective product are the responsibility of the customer.
All product whose guarantee period would be expired will not be dealt with by VotreBoutique.fr.
VotreBoutique.fr recommends to the consumer to check well near the customer service or of the manufacturer, before carrying out a request for return under guarantee, if the latter is well ensured by the SAV VotreBoutique.fr.
Article 17: Take the tax off
Within the framework of the delocalization of an order or a product towards a country other than the Metropolitan France, we recall you that you remain the importer of the products concerned. All customs duties, other local taxes, right of importation or taxes of State likely to be exigible will not raise of the spring from VotreBoutique.fr. It returns to you the whole responsibility to get information near the local authorities and to assume the load of the declarations and payments corresponding near the authorities and qualified organizations of the country concerned.
The responsibility for VotreBoutique.fr could not be committed in the event of nonrespect of the legislation of the country where the products will be conveyed by the consumer. It is up to the consumer to check near the local authorities the possibilities of importation or use of the products or services which he plans to convey, to make sure that their technical specificities and of exploitation specific to the manufacturer respect the legislation of the country concerned.
Article 18: Rights of use
The right of use of the software of VotreBoutique.fr, like those distributed by it, is granted to the consumer on a purely nonexclusive, personal and nontransmissible basis, in accordance with the Code of the Intellectual Property.
However, in accordance with the L122-6-1 article of this Code, the consumer exclusively has a reproduction right for the establishment of a backup copy, when this one is necessary to preserve the use of the software.
In any event, the author of the software preserves a right of ownership on his work, that the consumer commits himself respecting.
Article 19: Cause beyond control
None of the two parts will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by a fortuitous occurence or a cause beyond control.
Will be regarded as fortuitous occurence or cause beyond control done everything or circumstances irresistible, external with the parts, unforeseeable, inevitable, independent of the will of the parts and which could not be prevented by these last, despite everything the reasonably possible efforts.
The part touched by such circumstances will warn of it the other in the ten working days according to the date on which it will have been informed of it.
The two parts will approach then, within one month, except impossibility due to the case of absolute necessity, to examine the incidence of the event and to be appropriate of the conditions under which the execution of the contract will be continued.
If the case of absolute necessity A one duration higher than three months, the present general conditions could be cancelled by the injured part.
In way express, are regarded as case of absolute necessity or fortuitous occurences, in addition to those usually retained by the decisions of the courts and the French courts:
-the blocking of the provisioning or means of transport, earthquakes, fires, storms, floods, the lightning;
-the stop of the telecommunications networks or difficulties specific to the external telecommunications networks to the customers.
Article 20: Not partial validation
If one or more stipulations of these general conditions are held for nonvalid or are declared such pursuant to a law, of a payment or following a final decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
Article 21: Not renunciation
The fact for one of the parts of not prevailing itself of a failure by the other part with the one of the obligations aimed under the present general conditions could not be interpreted for the future as a renunciation of the obligation in question.
Article 22: Titrate
In the event of difficulty of interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.
Article 23: Applicable law
The present general conditions are subjected to the French law. It is thus for the rules of funds as for the rules of form.
In the event of litigation or of complaint, the consumer will address himself in VotreBoutique.fr priority to obtain a friendly solution.
Article 24: Data processing and Freedoms
In accordance with the French law “Data-processing and freedoms” n°78-17 of the January 6,1978, you have a right of access and of correction to the data concerning you. You can exert this right by sending a mail to us.