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§1 - Scope
These General Terms of Sale apply, without restriction or reservation, to all sales made by SNC La Source ¬- a partnership having a capital of €152 and its registered office at 216-218 Avenue Jean Jaurès, 75019 Paris, registered on the Paris Business Register under No. 351,541,986 - to consumers desirous of the products offered by the Seller on is site www.thalassopornic.com, to wit:
Cosmetics for face care, body care, baths and personal hygiene.
These General Terms of Sale are accessible at all times on this website and prevail over any other version and any contradictory document.
The products on display on this website are offered for sale only in the European territories.
The products are offered within the limit of the available inventories and without particular obligation on the Seller's part. The information concerning the availability of the products is provided when the order is placed.
§2 - Customer Service
For all information, questions and advice, customer service is available to the Customer :
By mail at: Alliance Pornic Cosmétiques, BP 1329, 44210 Pornic By telephone at 0 810 811 344 (local rates every day between 9:00 a.m. and 6:00 p.m. except Sunday) By fax at 024-082-9608 24 hours a day seven days a week By e-mail at info.resa@thalassopornic.com |
§3 - Orders
It is incumbent on the Customer to select the products which she wishes to order, as follows:
The buyer has a basket in which she will place her purchases from the e-shop. After a final check of her basket, she will choose her method of payment.
The sale will be closed only after the Customer receives the Seller's confirmation of acceptance of the order by e-mail and after the Seller's receipt of the entirety of the price.
§4 - Prices
The products are sold at the prices which are displayed on the attached price-list when the Seller records the order. The prices are expressed in euros, both before and including VAT.
The firms are firm and not subject to adjustment during the period in which they are applicable as shown on the price-list.
The Seller's invoice is given to the Customer when the products are delivered.
§5 - Terms of Payment
5.1 - Payment Times
The price is payable down in cash in full when the Customer places the order in the way specified in §3 above.
The Seller need not deliver the products ordered until the price has been paid to it in full.
5.2 - Methods of Payment
The Customer's payments will not be deemed to be made until the Seller actually receives the sums due.
Payments for purchases may be made by Carte Bleue, Visa or Mastercard, or by check drawn on a bank in France to SNC La Source's order and mailed to Alliance Pornic Cosmétiques, BP 1329, 44210 Pornic.
Payments by bank card are debited when they are made on line.
Payment by bank card is made on line when the order is placed and is fully protected. The entire transaction is vectored in encrypted mode to a bank approval server in SSL (Secure Socket Layer) mode.
Bank checks are deposited for collection when received.
§6 - Deliveries
The Customer's purchases are delivered within 5 business days to the address specified by the Customer when her order is placed on the website.
The Seller will use its best efforts to deliver the Customer's purchases within that time but is not legally obligated to do so. The Seller is accordingly not liable for damages and the Customer may not withhold the price or cancel the order in event of a time overrun.
The products are deemed to be delivered when the Seller turns them over to the carrier.
It is incumbent on the Customer to check the condition of the products when they are delivered. She has 7 days from the delivery to enter reservations or make complaints for nonconformity of or patent defects in the products, full evidence of which must be submitted with the reservation or complaint. If no such reservation is entered or complaint made or if the formalities are not completed within that time, the products will be presumed to be free from patent defect and no complaint will be entertained by the Seller.
The Seller will at its expense promptly replace products if patent defects therein or nonconformity thereof are duly proved by the Customer.
§7 - Transfer of Title - Transfer of the Risks
The risks of loss of and damage to the Seller's products will be transferred when it dispatches them, since they travel at the Customer's risk. In event of damage, she may assert all claims against the carrier as provided by law.
§8 - Cooling-Off Period
As provided by law, the Customer has a cooling-off period of 7 days from delivery of the products to return them to the Seller for exchange or refund, provided that the products are returned in their original package and in mint condition. All the expenses of return will be incumbent on the Customer.
§9 - The Seller's Liability - Warranty
As provided by law, the Seller's products are warranted against latent defects due to defective materials or faulty design or manufacture making them unfit for use. The warranty period is 7 days from the date of delivery and is not extended by action taken by the Seller pursuant to the warranty.
To assert her rights, the Customer must give the Seller written notice of the defects. Otherwise, her right of action against the Seller and other rights will lapse.
Defects due to improper use, negligence or faulty maintenance by the Customer, normal wear or force majeure are excluded from the warranty.
The Seller will replace products found to be defective.
The products sold on the website are compliant with the regulations in effect in France. The Seller disclaims liability for breach of the law of the country in which the products are delivered, which it is incumbent on the Customer to check.
The photographs and illustrations of the products on the website are not contractual documents and are not binding on or assertible against the Seller.
The Customer alone is responsible for the choice, storage and use of the products.
The Customer must have full legal capacity to enter into contracts.
The Seller disclaims liability for failure to make delivery if the products ordered are out of stock or unavailable due to force majeure, disturbance or total or partial strike of the postal service or means of transport and/or communication or other public services or utilities.
The Seller disclaims liability for indirect injury attributable to purchase of the products.
§10 - Personal Data Privacy
The personal information requested of the Customer is necessary for processing her order and intended for the Seller's internal use. Since the Seller may however impart such personal data to parties with whom or which it does business, the Customer has by virtue of Act 78-17 of 6 January 1978 a right of access to and amendment, correction and objection to the use of such data.
§11 - Disputes
Any and all disputes concerning the validity, interpretation, performance or cancellation of this contract and the consequences and effects thereof shall be litigated in the competent courts as provided by law.
§12 - Language of the Contract - Governing Law
By express agreement of the parties, this contract is subject to and governed by French law.
It has been translated into English for convenience but the French-language original shall be controlling in event of dispute.
§13 - Acceptance by the Buyer
The Customer acknowledges that a natural person or legal entity who or which places an order via SNC La Source's website thereby accepts these General Terms of Sale unconditionally in toto. The Customer may avail herself of no conflicting or other documents, which shall not be assertable against the Seller.
The Seller may amend these General Terms of Sale at any time without notice.
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