GENERAL TERMS AND CONDITIONS OF SALE
The website www.andersarens.com is edited by the Societé Anders Arens, a simplified joint-stock company registered under French law with a capital of 100.000€ whose head office is located at 19 rue des Cerisiers 64600, Anglet, FRANCE, registered at the register of commerce and corporations of Bayonne under the number 840 976 914, whose intra-Community Value Added Tax ( VAT ) FR39840976914 (« Anders Arens »).
Phone: +33 9 51818747
E-mail address: firstname.lastname@example.org
I. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms of Sale (GTS) are concluded between ANDERS ARENS and non-trader natural persons (the “Customer “) wishing to make a purchase on the website.
The products covered by these GTS are those featured on the website (“Products “) and those offered for sale within the limits of the available stock.
The customer must read the GTS prior to any order (the “Order “), the GTS are available on the website.
Anders Arens reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. The version of the GTS applicable to any sale is the one appearing online on the site www.andersarens.com at the time of the Order.
Consequently, placing an order implies the customer’s full acceptance of the general terms of sale by clicking on the button "I have read, and I accept the general conditions of sale”.
The products offered for sale are those mentioned on the website as at the date on which you consult such website within the limits of the available stock. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of ANDERS ARENS. For this reason, ANDERS ARENS cannot be held responsible for the cancellation of an order due to exhaustion of stocks.
ANDERS ARENS presents and describes the products with the greatest care in order to best inform the customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
1. Prior registration on the website
To take advantage of all the shop’s functionalities, the customer must register on the site by creating an account containing the Customer’s information (the “Account “).
The customer’s registration on the website is validated by ANDERS ARENS after checking the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating an Account, the Customers must ensure the accuracy and completeness of the data they provide. The Customers are required to always update their personal information. In case of error in the delivery information given by the client, ANDERS ARENS could not be held responsible for failure in delivery.
By registering on the website, the customer declares and warrants to ANDERS ARENS that he or she has reached majority and has legal capacity to contract.
2. Registration and validation of the order
The acceptance of orders placed on the website is subject to compliance with the procedure set up by ANDERS ARENS on the site including the successive steps leading to the order validation.
The customer can select as many Products as he or she wishes which will be added to the basket (the “Basket “). The basket summarizes the products chosen by the customer as well as the prices and related costs.
The customer can freely edit his or her basket before the validation order. The validation of the order is the confirmation of the acceptance by the Customer of the GTS, the purchased products, their price, and related costs.
A confirmation email summarizing the order (Product(s), price, availability of the article(s), quantity …) will be sent to the customer by ANDERS ARENS.
To this end, you formally accept the use of e-mail by ANDERS ARENS to confirm the content of your order. Invoices are available in the section “my account “of the website.
3. The refusal of acceptation of an order
Anders Arens reserves the right to remove at any time any product displayed on the website and to replace or modify any content or information appearing on the website.
Despite our best efforts to satisfy customer requirements, Anders Arens may have to refuse to process an order after having sent to the customer the confirmation email summarizing the order.
ANDERS ARENS shall not be held liable towards the customer or any third party from the damaging consequences of the withdrawal of a product from the website, or the replacement or modification of any content or information appearing on this website, or the refusal to process an order after sending the confirmation email summarizing the order.
ANDERS ARENS reserves the right to refuse or cancel an order from a customer with whom there has been litigation relating to the payment of a former order.
IV. PRICES AND TERMS OF PAYMENT
The sale prices of the items are quoted on the website in euros, including VAT, but excluding customs duties and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier.
All prices shown are calculated and include value added tax (VAT) applicable in France or the one applicable in the country of delivery located in the European Union.
Prices are exclusive of delivery costs (postage, packaging, and preparation of the package according to the amounts in force). The amount of delivery costs will be specified before validation of the order.
ANDERS ARENS reserves the right to change its prices at any time, but the products will be invoiced at the price quoted at the time of the order’s confirmation and payment, subject to availability.
However, in the event of an error in the price (price clearly derisory in relation to the real value of the Product), the validated order may be canceled by ANDERS ARENS. This measure nevertheless remains exceptional.
2. Payment terms
The Products are to be paid cash upon the actual Order.
Payment for purchases is made under the following terms: by credit card: Carte bleue, Visa, Mastercard or American Express or with your PayPal account (only available for delivery in France). By choosing payment via PayPal, you will be automatically directed to your PayPal account. Once the PAYPAL payment has been validated, you can complete your order on the Site.
In this respect, the Customer recognizes expressly that the communication of its banking card number to ANDERS ARENS is worth authorization of debiting his/her account to the amount of the ordered products. If necessary, an order cancellation notification for non-payment is sent to the Customer by ANDERS ARENS at the email address provided by the customer when registering on the website. Data recorded and kept by ANDERS ARENS act as a proof of orders and of all transactions done.
V. CLAUSE OF PROPERTY RESERVE
In case ANDERS ARENS would accept to grant the client a payment period, it is agreed that the products covered by the order will remain the property of ANDERS ARENS until complete payment is received.
Delivery means the transfer to the customer of the physical possession of the Products (the “Delivery “).
The transport costs applicable to the client’s order are given at the time the order is placed in the basket, in the section “Delivery and returns “.
When ANDERS ARENS takes care of the delivery of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
By way of exception, the risk of loss or damage is transferred to the customer on the delivery to the carrier when the latter has been made responsible for transport by the customer and not by ANDERS ARENS.
Delivery is made to the delivery address specified by the client. It is understood that it must be the residential address of the client or any other physical person of their choice or any other legal person (delivery to his/her company). Delivery cannot be made to hotels or PO boxes.
It is specified that it is the Customers’ responsibility to check their packages upon receipt and to notify, on the delivery slip, any damage to the goods delivered to the carrier in the presence of the delivery person. In the event that such statements have not been made on the delivery slip presented to the Customer by the carrier, the product is deemed to be accepted by the Customer and cannot be the subject of any contestation concerning its delivery.
Anders Arens delivers Orders within a maximum period of twenty-one (21) working days for Delivery in mainland France and thirty (30) working days for International Delivery, this period being counted from the first working day after validation of the order.
In order for these deadlines to be met, the customers must ensure that they have communicated exact and complete information concerning the Delivery address (such as: street number, building, stairs, access codes, names and / or intercom numbers, etc.).
ANDERS ARENS cannot be held responsible for the delay in delivery that is not their fault or justified by a case of force majeure (as defined below).
In case the delivery period has been exceeded, the customer may request the cancellation of the sale and obtain within a maximum period of fourteen (14) days of his request the reimbursement of the sums paid on the occasion of the Order.
Notwithstanding the above, ANDERS ARENS cannot be held responsible for the damaging consequences resulting from a delay in delivery, only the reimbursement of the Product by ANDERS ARENS is possible to the exclusion of any other form of compensation.
VII. RIGHT OF THE WITHDRAWAL - REFUNDS - EXCHANCES
1. Time limits and procedures for exercising the right of withdrawal
According to article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise the right of withdrawal from ANDERS ARENS, without having to justify the decision.
The exercise of the right of withdrawal by the Customer can be done either by using our system of pre-paid return labels, or by using and sending the model withdrawal form below, by mail, to the following address: ANDERS ARENS - Returns department - 19 rue des Cerisiers, 64600 ANGLET, France, or by email at email@example.com.
Model withdrawal form:
For the attention of ANDERS ARENS - 19 rue des Cerisiers - 64600 ANGLET, France, Email: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract relating to the sale of the property(s) below :
Ordered on ……………. (date of order) and / or received on (date of delivery)
Name of the consumer client:
Consumer Customer’s Address:
Signature of the consumer Client (only if this form is notified on paper)
2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order, without undue delay and, at the latest, within fourteen (14) days following the communication of his or her decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed.
To make a return, the Customer must have followed the withdrawal procedure indicated in the previous point.
The return of the Products is the responsibility of the Customer.
3. Reimbursement of returned Products under the right of withdrawal
The reimbursement of the Order by ANDERS ARENS is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. However, reimbursement is made subject to ANDERS ARENS having been able to recover the Products concerned by the return and the reimbursement request.
ANDERS ARENS will reimburse using the same means of payment as was used for payment of the Order unless the Customer expressly agrees to use another means of payment and to the extent that the reimbursement does not entail extra cost for the consumer.
In the absence of compliance by the Customer with these T & Cs, ANDERS ARENS will not be able to reimburse.
VIII. GARANTIES - LIMITATION OF LIABILITY
ANDERS ARENS is only required to deliver products that comply with the contractual provisions.
The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the criteria of quality and resistance which are generally accepted for products of the same type and which can be reasonably expected.
Furthermore, ANDERS ARENS guarantees consumers against lack of conformity and hidden defects for the products sold on the website under the following conditions:
1. Legal safeguards
Legal guarantee of conformity - Hidden defects
All Products for sale on the Site benefit from the legal guarantee of conformity (article L217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing you to return Products delivered defective or non-compliant.
ANDERS ARENS, whose registered office is 64 avenue du Maréchal Foch 64200 BIARRITZ, France, is the guarantor of the conformity of the Products with the contract within the framework of these two legal guarantees.
The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity.
In this case, you may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code.For contracts entered into from March 18, 2016, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product. For contracts concluded previously, the default is presumed for six (6) months.
It is recalled that the legal guarantee of conformity applies regardless of any commercial guarantee that may be granted by the manufacturer or ANDERS ARENS.
Furthermore, the Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the cancellation of the sale or the reduction of the sale price in accordance with Article 1644 of the Civil Code.
To implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy ofthe complaint to head office of ANDERS ARENS, after sending an email indicating the reason for the return of the Product.
2. Limitation of liability
The responsibility of ANDERS ARENS regarding any Product purchased on the Site is strictly limited to the purchase price of the latter.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, apart from the guarantees provided for by law.
ANDERS ARENS does not provide any warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a feature of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content made by the Customer, software used by the latter to download content, from the Site or from the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install anti-virus and appropriate security software on his computer hardware and any other device to protect them against any bug, virus or other programming routine of this order proving to be harmful.
The Customer acknowledges that he or she assumes all the risks related to any content downloaded or obtained in any other way through the use of the website and agrees that he or she is solely responsible for any damage caused to the computer system or any loss of data resulting from the downloading of this content.
IX. FORCE MAJEURE
In the event of the occurrence of an event of force majeure preventing the execution of these GTS, ANDERS ARENS informs the Customer within fifteen (15) days of the occurrence of this event, by email or 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 commercial disputes, civil unrest, insurgency, war, act of terrorism, inclement weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal or regulatory changes in 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 are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of ANDERS ARENS or the Client without compensation on either side. Payment default by the Customer cannot be justified by a case of force majeure.
X. INTELLECTUAL PROPERTY
All the elements of the Site, in particular the texts, graphics, logos, icons, images, illustrations, audio or video clips, brands, software, etc., including the underlying technologies used, appearingon the site www.andersarens.com are necessarily protected by copyright, trademark law and all other intellectual property rights.
They are the exclusive property of Anders Arens.
Any reproduction or use of copies used for purposes other than strictly private is formally prohibited in accordance with the laws governing intellectual property.
XI. PARTIAL INVALIDITY
If any provision of these Terms is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
No tolerance, inaction or inertia from ANDERS ARENS will be interpreted as a waiver of its rights under the GTS.
XIII. MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION
The validity, interpretation, and execution of these GTS as well as all acts resulting from them are subject exclusively to French law.
In the event of a complaint, the Customer agrees to contact ANDERS ARENS in order to try to amicably resolve any dispute that may arise between the parties.
In the absence of an amicable resolution, any dispute relating to the validity, interpretation of the GTS, the execution or termination of a sale, the interpretation, execution, or termination hereof is subject, for want of an amicable agreement, to the legally competent courts.
These GTS are written in French.
The translation of these into English and German is done for the sole purpose of facilitating understanding by the greatest number.
In the event of a contradiction between the French text and the English text, the text written in French will prevail.