1. OBJECT
1. This agreement lays the terms and conditions of sale and product delivery (hereafter the 'Products') sold on the website accessible via the www.aromes-et-liquides.fr address (hereafter the 'Website') by the COMUNICA CONCEPT company (hereafter 'A&L' or the 'Seller'), SASU with a capital of 10,000€, registered at SAINT-ETIENNE's RCS under the number 792 985 905 (VAT registration number FR 38 792985905), whose head office is located at Rue François DURAFOUR – 42160 ANDREZIEUX BOUTHEON- FRANCE represented by SARL RONY (RC SAINT-ETIENNE 820 811 818) as Chairman of the COMUNICA CONCEPT company.
2. The 'Client' is defined in this agreement as any natural person that buys Products on the Website in a private capacity, excluding any purchase for reselling and hence any natural or legal person that would proceed to purchase on the Website as part of a commercial or liberal professional activity.
A&L, as a member of a selective distribution network that prohibits the distribution of Products to professionals, refuses any direct or indirect order placed by a professional buyer.
3. In this Agreement, the term 'working day(s)' refers to every day of the week except for Saturdays, Sundays and bank holidays.
4. The creation of a Client Account and the Client placing an order on the Website imply the acknowledgement of this Agreement along with the Website's Terms of Use.
5. In accordance with article L. 3511-2-1 of the Public Health Code, which states that the sale to minors of less than eighteen years of age (18) of liquids intended for use in an electronic cigarette, containing nicotine or not, is strictly forbidden. The Client agrees, by filling in the order form, to be eighteen (18) at the time of order by ticking the appropriate box when creating his Client Account.
2. PRODUCTS AND AVAILABILITY
1. On its Website, A&L offers a wide selection of products, equipment, accessories and liquid refills for electronic cigarettes (hereafter the 'Products'), exclusively intended for individuals over 18 years old.
A&L is free to choose the Products it wants to sell on the Website and reserves the right to modify this selection at any moment.
2. Each one of the Website's Product descriptions establishes a detailed description of said Product, in particular its essential characteristics.
The Seller's photographs and visuals illustrating the Products are designed to represent the Products in the most accurate way possible, with the possibility of there being minor differences between the visuals and the final Products, which are not susceptible of affecting the essential characteristics of said Products though.
3. A&L strives to offer its Clients the most reliable and qualitative information regarding the Products sold on the Website, but does not guarantee the completeness of said information.
The Client is encouraged to read the information on the Products' labelling upon receipt, being reminded that he is solely responsible for the choice of Products and their use, including their storage conditions, consumption and transport.
The Client is solely responsible for the compatibility of the ordered Products with those he uses, be it equipment or liquids.
4. For any question about the Products and their use, the Client is invited to contact the customer service using the details in article 12.
5. The Products are sold exclusively in mainland France, including Corsica.
6. The Products' offers and prices are valid as long as they are published on the Website, while stocks last and following the availability conditions provided at the time of order.
7. In the case of a temporary of definitive unavailability, be it total or partial, of the Product(s) ordered, the Client will be notified as soon as possible by e-mail of the possibility to cancel all or part of said order.
In case the Client wishes to cancel all or part of his order, the Seller will proceed to a refund, in accordance with the conditions listed in article 9.
3. ORDERS
3.1 CLIENT REGISTRATION
1. Placing an order on the Website cannot be done without creating a free Client Account beforehand on said Website and acknowledging this Agreement and the Website's Terms of Use.
However, the costs linked to the Client's computing equipment (computer, smartphone, tablet, etc) and Internet connection remain at their expense.
2. When creating his Client Account, the Client promises to give exact and true information about his situation, as well as regularly check his data before every new order and to modify them in his Client Account if needs be.
The Seller brings the Client's attention to the necessity of supplying a valid e-mail address and phone number.
3. The Client must be a natural person of at least 18 years of age and have the legal capacity to place an order on the Website.
The Seller cannot be required to check the Client's legal capacity.
Thus, if a Client does not have this legal capacity and still orders Products from the Website, his legal guardians would have to assume the full responsibility of said order and pay its cost.
It is reminded that the Products offered on the Website are not accessible to natural or legal persons who wish to purchase them for a commercial or liberal professional activity.
5. The Seller reserves the discretionary right to retrospectively refuse or invalidate the registration and order of a Client whose information would prove to be inaccurate, in particular in regards to his age.
6. The creation of a Client Account necessarily implies the Client to choose a confidential password, which allows him to access his Client Account and place orders on the Website.
This password can be modified online through the Client Account.
This password is personal, confidential and non-transferable, and the Client must not share it with third parties.
Any access to the Client's Account using his password is deemed to have been made by the Client.
7. The Seller cannot be held responsible, in any case, for any fraudulent or abnormal use of the Client's password and/or Client Account. The Seller reserves the right to temporarily suspend access to the Client Account if such uses were noticed.
8. Furthermore, the Seller reserves the right to use the Client's password solely as part of the Website's technical maintenance.
In this Agreement, the Seller guarantees the permanent maintenance of the Client's password confidentiality.
3.2 ORDER PROCESS
1. The contractual information along with the order's details (price, discounts, Product characteristics, quantities, shipping information) are listed in a detailed summary before the final confirmation of the Order Form.
The Client is invited to carefully read the details of his order and to correct any mistakes it could contain before confirming it and clicking on the ORDER button.
2. Clicking on the 'ORDER' and then 'PAY' buttons, by choosing your payment method, at the end of the order process (i) formalises the Client's acceptance of the order's content and conditions, (ii) the acceptance that it implies a payment obligation, (iii) the full and final acceptance of this Agreement, and (iv) constitutes an electronic signature. It is expressly understood between the parties that this electronic signature has the same worth as a handwritten signature.
3. After having confirmed his order on the Website, the Client will receive an e-mail receipt from the Seller that sums up its elements (hereafter the 'Order Confirmation E-mail'), provided the e-mail address given when creating the Client Account is valid and has no mistakes.
The Order Confirmation e-mail constitutes the acceptation by the Seller of this order and thus forms the sales contract between the Client and the Seller.
It contains all the constituent parts of the contract signed between the Client and A&L (ordered Products, prices, delivery address, type and cost of shipping, etc.)
4. The Seller reserves the right to not confirm an order for whatever reason. It can be due to the Client's age, an issue with the Product's availability, or a dispute regarding the payment of a previous order.
5. Furthermore, the Seller reserves the right to not confirm, put on hold or even cancel any order, whatever its degree of completion, for any reason, in regards to the Client's age, the Product's availability, or to a non-payment or partial payment of any sum that would be owed by the Client, or to a dispute regarding the payment of a previous order, or even in the case of a fraudulent or attempted fraudulent use of the Website.
3.3 PROOF OF ORDER
The computer records, kept in the computer systems of the Seller or its subcontractors, with reasonable security conditions, are considered proofs of communication, orders and payments between the Client and the Seller.
The archival of the Order Forms, Order Confirmations and invoices is done on a reliable and durable medium that can be used as proof.
4. FINANCIAL TERMS AND CONDITIONS
4.1 PRICES
1. The Products' prices are displayed on the Website in Euros, tax inclusive, exclusive of packaging and shipping costs, and apply to all the Clients who want to be delivered in mainland France and Corsica.
2. The price of the Products selected by the Client will appear in the order summary, including all French taxes, packaging, shipping and any other processing fees relative to said order.
3. A&L reserves the right to modify its prices at any time, but the Products will be billed at the current prices at the time of order, provided they are available at that time.
4. If one of the Products sold on the Website has a pricing error, the price will be checked every time upon sending the Order Confirmation e-mail (as detailed in article 3.2.3) and, if needs be, corrected.
5. If the corrected price is cheaper than the one displayed on the Website, the Seller will apply the lower rate and refund the difference, following the terms listed in article 9. If the corrected price is more expensive than the one displayed on the Website, the Seller will inform the Client and proceed to cancel the order, unless the Client accepts the order's new price by confirming this acceptance via an e-mail addressed to the Customer Service. In this case, the Client is invited to pay the difference between the amount already paid for and the final owed sum, following the conditions indicated by the Seller.
6. The Client guarantees the Seller he has the necessary authorisations to make a purchase with the payment method he selected when confirming his order.
The Seller reserves the right to ask for a copy of a piece of ID and/or payment card (front side only) of the Client for any payment with a debit or credit card.
As part of the fight against Internet frauds, the information about the Client's order can be shared with any third party authorised by law or designated by the Seller for the sole means of verifying the Client's identification, the validity of the order, payment method used and envisaged delivery method.
7. The Seller will proceed to debit the Client's card at the time of online payment.
4.2 PAYMENT
1. The orders are exclusively payable in Euros.
2. Paying for the orders can be done:
a) online, on the Website, by card, using the CREDIT AGRICOLE Bank's secure payment solution.
The Client will have to enter the name and surname of the card owner, its number and expiry date, as well as the security code (CVV) featured on the back of the card.
The following cards are accepted, only if they are linked to a bank account based in the euro zone: Debit/Credit Card, Visa, MasterCard.
Furthermore, the Client will have to submit to the 3D SECURE authentication system, set up by the VISA and MASTERCARD networks to reinforce the security of the transactions made by owners of VISA and MASTERCARD cards.
During the transaction, the Client's bank checks that the Client is indeed the rightful owner of the card.
The Seller will proceed to debit the Client's card when he pays for the full amount of his online order.
The Seller guarantees the safety and confidentiality of the Client's card information.
The CREDIT AGRICOLE Bank has indeed adopted the TSL encrypting system, which ensures the reliability of the exchanges and transactions by encrypting all of the given personal data necessary to fulfil the orders, such as e-mail addresses, delivery addresses, card numbers and bank details.
These bank details are encrypted and directly transmitted to the CREDIT AGRICOLE Bank via a secure connection, without transiting via the Website.
b) online, on PAYPAL's website, by card, using the PAYPAL service, or via the Client's PAYPAL account if he already has one.
The fees linked to using and paying with PAYPAL's service are entirely covered by the Seller, and the Client does not need to create a PAYPAL account beforehand.
The following cards are accepted: Debit/Credit Card,Visa, MasterCard.
PAYPAL will proceed to debit the Client's card when his online payment is confirmed.
c) by bank transfer:
The Seller will provide its bank details to the Clients who want to pay with this method.
The order will be shipped to the Client only when the owed sums are effectively received on the Seller's bank account.
3. Processing and shipping the order to the Client will be subject to the full receipt of the order's amount beforehand, whatever the Client's payment method is.
The Client guarantees the Seller that he has the necessary authorisations to use the payment method he chose for his order upon registration of said order.
The Seller reserves the right to ask for a copy of a piece of ID and/or payment card (front side only) of the Client for any payment with a debit or credit card.
4. Any delay or issue with the payment will result in the Seller applying the following mark-ups from the moment of dispatch to the Client, via a formal notice in a recorded delivery letter:
a) a 40€ fixed fee, covering administrative and accounting costs,
b) 1% per month, for the late payment interest, starting on the due date,
c) for legal damages:
i) the whole of the subsequent expenses due to the non-payment, such as bank rejection charges,
ii) the whole of the expenses incurred in recovering these owed sums, including any potential lawyer and bailiff expenses.
5. As part of the fight against Internet frauds, the information regarding the Client's order can be shared with any third party authorised by law or designated by the Seller for the sole mean of verifying the Client's identification, the validity of the order, payment method used and envisaged delivery method.
4.3 INVOICE
The Client will automatically receive a named invoice in his personal e-mail.
5. CANCELLATION - RETRACTION
1. Once the order is confirmed, it is no longer possible to cancel it. However, you can assert your retraction rights as specified in this Agreement.
2. The article L.221-18 of the Consumer Code states that the Client has a fourteen (14) day period from the delivery date of the Products he ordered online to assert his retraction rights in regards to the long-distance contract and return said Products to the Seller, without justification.
If this period expires on a Saturday, a Sunday or a bank holiday, it will be extended until the following Working day.
This retraction right can be exerted without penalties, excepted for the return costs that are at the Client's expense.
3. The Client who wishes to retract himself will have to send the retraction form to the Customer Service (see article 13) before the end of this fourteen (14) day period, with the postmark as proof. The retraction form can be downloaded on the Website.
The Client can send this form electronically, following the instructions on said form, or via recorded delivery.
Failing to use the provided retraction form, the Client can also retract himself using a statement that is void of any ambiguity that expresses his will to retract himself, which must be sent to the Seller via recorded delivery within the fourteen (14) day period following the Products' delivery date.
4. The retraction will only be taken into account upon the Client's receipt of an e-mail confirming the registration of his demand to return the Product(s), detailing the return procedure of said Product(s).
The Products will have to be returned by the Client within a maximum period of fourteen (14) days following the date he communicated his decision to retract himself, following the terms listed in article 7.1.5 of this Agreement.
5. The Client can only use his retraction rights for Products that are in a perfect condition to be resold by A&L.
The returned Products that are damaged, altered, broken or dirtied by the Client will not be taken back, including the drip-tips for hygiene reasons.
Also for hygiene reasons, this retraction right cannot be applied to Products that have been used.
The Client will make sure to take particular care of the Products from the moment of delivery to their return.
6. If the returned Products do not fulfil the conditions listed in the aforementioned article 5.5, the Seller reserves the right:
i) to refuse the return of said Product, which will be kept available to the Client, at his own risk, for a period of six (6) months from the day the Product is received by the Seller. The Product can be sent back to the Client at his request and at his own expense (except for the case where the Product will have been received by the Client in this state).
ii) to not fully refund the Client by deducting any owed compensations due to the Product being damaged, if the damage occurred after delivering said Product to the Client.
7. Furthermore, the Seller advises the Client to obtain a proof for any parcel sent to the Seller and to send the Product back using a recorded delivery parcel or a letter with a statement of value. A&L will not be responsible for any Product loss or damage during transport.
8. The Client will be refunded the cost of his order, including the initial shipping costs, following the terms listed in article 9 of this Agreement. However, The return fees remain to the Client's expense.
9. Any return request received by the Seller after the fourteen (14) day retraction period will not be accepted, except in cases of non-conformity (see art.7.1) or hidden defects (see art.7.2).
The following reasons will not be taken into account:
Impossibility of contacting the Seller via phone (as the Client can send a letter or e-mail to the addresses listed in article 12),
the Client's absence during the fourteen (14) day period following the Product's reception,
the Product is gifted by the Client after the fourteen (14) day period following the Product's reception.
6. DELIVERY
6.1 Delivery
1. The Products are only shipped to mainland France, including Corsica.
For any other territories than those listed above, the Client is invited to contact A&L to examine the possibility and particular conditions of a potential delivery to said territory.
2. The Products are delivered using the shipping details supplied by the Client at the time of order, which also feature in the order confirmation e-mail as listed in article 3.2.3.
The Seller will not be held responsible for any delivery impossibility or delay if the Client's shipping information (including name, surname, phone number, street number and name, postcode, e-mail address, etc.) is incorrect or erroneous.
The Seller will not be held responsible for any delivery impossibility or delay caused by the Client not receiving the e-mail or SMS detailing the shipping and delivery information of his Products, in particular if they are caused by various technical issues susceptible to hinder the proper communication of said information, on which the Seller has no control.
3. For a 'Colissimo' delivery, there is no Client or recipient signature needed, the package is simply left in the recipient's letterbox by La Poste's service.
4. For any other delivery option, as well as for the 'Lettre Max' delivery and in the cases where the recipient's letterbox would be of insufficient size, the package is given to the Client or recipient directly.
If the Client or recipient is absent, or the letterbox too small, the order's Client or recipient will receive a non-delivery notice, allowing him to retrieve the package at the post office branch indicated on the notice, for a period of fourteen days.
The Client or recipient of the ordered Products is invited to check, in presence of the deliverer, the condition of the packaging and merchandise upon delivery.
5. If the Client or recipient is absent upon delivery, and if they do not retrieve the Products within La Poste's given time-frame, they will be returned to the Seller who will refund the Product's cost to the Client, net of any shipping, return and processing fees, following the terms in article 9, except if the Client wants his order to be shipped again, at his expense.
6. If the Client or recipient of the ordered Products would notice a damage or a lacking, whether it be the state or content of the package, they are invited to:
i) comply with Colissimo's procedure (including reporting the damages, complaints and reservations) and refuse the merchandise by immediately emitting an incident report to La Poste's agent (report 170).
ii) notify these incidents to the Seller by contacting the Seller's Customer Service using the details listed in article 12, within 7 working days following the Product's delivery date.
6.2 Shipping methods
1. The shipping methods vary depending on the quantity of ordered Products and the Client's choice.
Information about the Seller's shipping options and costs, as well as the delivery times, are listed in the Delivery section.
2. The shipping costs always include an insurance for the package's loss or Product damages, except for non-material damages such as prejudices due to delays and indirect prejudices (enjoyment, etc.).
6.3 Delays
1. The delivery times are displayed on the Website's carrier selection page. This delivery time is recorded on most of the territory and is for indicative purposes only. Any delay on the carrier's part inferior to a seven (7) day period cannot lead to a claim.
If the delay in regards to the forecast delivery deadline is over seven (7) days, the order can be cancelled and refunded to the Client, under the condition he sends a recorded delivery letter that expressly states he wants to cancel the order to the Seller.
In this case, the Client will be refunded following the terms listed in article 9 of this Agreement.
2. The Products are shipped within one (1) or two (2) working days following the confirmation e-mail listed in article 3.1.3, to which are added La Poste's delivery times, which vary between two (2) to three (3) working days on average.
This information is given for indicative purposes only, the Seller is committed only to the delivery times given at the time of order.
7. WARRANTIES
7.1 CONFORMITY AND APPARENT DEFECTS
1. In order to avoid any inconveniences to the Client, the Seller checks the Products' conformity in regards to the order before shipping.
2. The Consumer Code defines and regulates the legal conformity warranty in the following way:
Article L211-4: 'The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity
which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the
installation if he assumed responsibility therefore or had it carried out under his responsibility.'
Article L211-5: 'To conform to the contract, the product must:
1) Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the
form of a sample or model,
- have the features that a buyer might reasonably expect it to have considering the public statements made by the
seller, the producer or his representative, including advertising and labelling,
2) Or have the features defined by mutual agreement between the parties or be suitable for any special requirement
of the buyer which was made known to the seller and which the latter agreed to.'
Article L211-12: 'Action resulting from lack of conformity lapses two years after delivery of the product.'
3. Consequently, within the frame of the legal conformity warranty, the Seller commits to replace and even refund the Products that do not answer the conformity criteria listed in the Consumer Code article 7.1.2 above.
4. All the Products that belong to the 'charger' category (plug, USB cable and car charger) and battery/accumulator category are guaranteed 3 months. However, are excluded from this warranty any battery whose malfunction would be caused by an atomizer, car charger or USB charger not acquired from A&L, reminding that the Client is solely responsible for his choice of Products and any compatibility problems of said Products with others he would have acquired elsewhere.
5. In such a case, the Client has a two (2) year period from the Products' delivery date to notify the Seller about any reservations concerning the delivered Product's conformity, via an e-mail addressed to the Seller's Customer Service (see art.12) using the contact form only.
6. The Seller will then send an e-mail confirming the acceptation of the Product's return and, if needs be, a return number that the Client will have to display on the package when returning the nonconforming or defective product.
7. The Products must be returned sealed and unaltered, in perfect reselling condition.
The Client will make sure to take particular care of the Products from the moment of delivery to their return.
The Products must be returned in their original packaging, at the address listed in article 12.
8. If the returned Products do not fulfil the conditions listed in the aforementioned article 7.1.7, the Seller reserves the right:
i) to refuse the return of said Product, which will be kept available to the Client, at his own risk, for a period of six (6) months from the day the Product is received by the Seller. The Product can also be sent back to the Client at his request and at his own expense (except for cases where the Product will have been received by the Client in this condition).
ii) to not fully refund the Client, by deducting any compensation costs due to the Product being damaged, if this damage occurred after delivering said Product to the Client.
9. Furthermore, the Seller advises the Client to obtain a proof for any parcel sent to the Seller and to send the Product back using a recorded delivery parcel or a letter with a statement of value.
A&L will not be held responsible for any Product loss or damage during transport.
10. Any return accepted by the Seller, in the event of a delivered Product's non-conformity, witnessed and confirmed by the Seller, will allow the Client to get a free replacement or a refund of said Product, in accordance with the conditions in article 9, excluding any other compensation.
11. In the case of a refund demand for said Product, accepted by the Seller, the shipping and return costs of said Product will be refunded based on the billed sum. However, the Seller retains the capacity of refunding the Client at the current Colissimo rate (with signature) detailed on La Poste's website.
If the Client opts for a refund voucher, the initial shipping costs (which will be priced at the standard delivery rate) and Product price will be credited into his Client Account.
The Seller will not accept packages sent with postage due.
Any risks linked to the return of the Products will be at the Client's expense.
7.2 HIDDEN DEFECTS
1. The Seller is legally bound to a warranty against hidden defects, defined by article 1641 of the Civil Code as follows: 'The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.'
Article 1648.1 of the Civil Code states that 'an action resulting from prohibitive defects must be brought by the buyer within two years from the discovery of the vice'.
2. Thus, the Client has a two (2) year period from the discovery of the hidden vice affecting the Product to send the Seller a demand to benefit from the warranty against the hidden vices that would affect the Products.
3. To benefit from the Product's warranty, the Client must imperatively keep the Product's invoice.
4. In any case, the Client who reports the existence of a hidden defect will have to be able to demonstrate that:
the defect was there prior to the sale,
the Product has been kept, stored and used in conditions suiting the nature and characteristics of said Product,
the defect is not caused by time and normal wear of the Product.
5. In order to allow the Seller to check the Products himself, it is asked of the Client to keep them available following the conditions that will be communicated to him, bearing in mind that the Seller will organise their removal at his expense.
6. In the event where the Client does not want the free replacement or repair of the Product, the refunding will be done following the terms listed in article 9.
8. TITLE RETENTION CLAUSE
By express agreement, the Seller retains the ownership of the supplied Products up to the day of their full and final payment, in accordance with the terms of the law n°80 336 of the 1st May 1980, concerning the retention of ownership.
This provision does not relieve the Client of the risks linked to the sold Products, this transfer happens when the Products are delivered to the address supplied by the Client at the time of order, or when withdrawing the Products at the post office.
9. REFUNDS
1. The Products' refunds in the conditions listed in articles 2.7, 4.1, 7.1 and 7.2 will be carried out in fourteen (14) days or less after the receipt of the Client's returned Products by the Seller.
2. The refund will apply to the entirety of the sums paid by the Client for his order, including the shipping costs to the Client. However, in the event where the Client had initially chosen an express delivery service, the Seller reserves the right to refund the Client up to the cost of a standard delivery.
It is reminded that if the Client is exerting his retraction right, the return costs will not be refunded at all.
For all other return cases, as listed in articles 7.1 and 7.2, the return costs will be refunded to the Client, who will however have to provide the Seller with the necessary proofs (carrier invoice).
3. The refund will be carried out following the initial payment method chosen by the Client or, if the Client gave his prior agreement, by any other means offered by the Seller, among which are included the refund voucher or gift voucher.
10. RESPONSIBILITY
1. The Seller cannot be held responsible for the contract's non-completion in cases of acts of God, as it is defined by article 1218 of the Civil Code, or due to the Client himself or an insurmountable and unpredictable event caused by a third party.
2. The Client is solely responsible for his choice of Products, as well as their conditions of storage and usage, in particular in regards to where the Client uses them.
11. INTELLECTUAL PROPERTY
1. All the visuals and photographs visible on the Website are necessarily protected by copyright and all other intellectual property rights and belong to the Publisher or to third parties who have allowed the Seller to use them. Any reproduction and/or use of any kind, without permission, of a visual or photography displayed on the Website constitutes a counterfeit and will be subject to prosecution.
2. The same applies to all other data, whatever it can be, including texts, graphics, logos, icons, images, photographs, audio or video clips, brands, software and characteristics featured on the Website, which are necessarily protected by copyright, trademark and all other intellectual property rights, and belong to the Seller or to third parties who have allowed A&L to use them.
The Seller, as the Website's editor, allows the User a private, non-collective and non-exclusive right of use regarding the aforementioned data.
3. The Client must not copy, resume, modify, alter or re-disseminate, without prior authorization from A&L, any text, title, application, graphic charter, brand, information or illustration for anything else than a strictly private use.
12. CUSTOMER SERVICE
For any information or query, the User can contact the Publisher:
by phone, at +33 (04) 77 40 09 71: Monday to Friday, except bank holidays, from 9am to 6pm non-stop
by email, using our contact form, a reply will be provided within 24 working hours
by post, at the following address: Arômes et Liquides 10 rue François Durafour 42160 ANDREZIEUX-BOUTHEON – FRANCE.
13. PERSONAL DATA
1. In accordance with the provisions of the law n° 78-17 of 6th January 1978 relative to computing, data and liberties, A&L declared to the CNIL the conformity of its client-prospect file in regards to the NS-048 regulation.
2. The Client's personal data, including the order's recipient if different from the Client's one (in case of a gift for example), directly collected through the intermediary of forms and indirectly through their browsing towards and on the Website, and all future information, are intended for the sole use of the Seller to process and fulfil the Client's orders, as well as answer any questions they may have, and are not shared with any third parties except for the technical contractors in charge of managing the Website, who are required to respect the confidentiality of the information and to only use it for the very precise operation they are intervening on.
3. The Client, including the order's recipient, in accordance with the 6th January 1978 Law and the EU Regulation 2016/679 of 27th April 2016 relative to data protection, has the right to access their data collected by the Seller, as well as a right to modify, rectify, delete and transfer it. He can also oppose any processing of his data, which implies however that his orders cannot be processed and that he has to create a new Client Account and share data about him to the Seller in case he wanted to place a new Product order on the Website.
4. To exert their rights, the Clients simply need to write a letter or email to the addresses listed in article 12 of this Agreement or by using the Contact Form.
A&L will reply within a maximum of two (2) working days following the reception of the demand.
5. A&L stores the Client's personal data on its own servers and commits to guarantee the privacy, safety and integrity of this data, which will be stored for one (1) year after the potential closure of the Client Account by the Client, one (1) year after the last query or contact via the Website, one (1) year after unsubscribing from a newsletter, if they had subscribed beforehand.
This data is then archived with a restricted and safe access for an extra 9 years for strictly limited reasons that are authorised by the law (for payment or accounting purposes for example).
6. The Client is informed and has authorised the Website's necessary workings in regards to the « cookie » files saved onto the Client's computer hard drive.
Cookies contain no personal information, they are files saved onto the Client's computer hard drive.
Thus, A&L uses several types of cookies on its Website:
(i) cookies that facilitate the Client's browsing and use of the Website's services - this cookie is destroyed 10 days after each session, ie, when the Client disconnects
(ii) a cookie when using the chat service - this cookie is destroyed within a year following each chat session.
(iii) a cloudflare cookie (cfluid), used to identify the individual Clients behind a shared IP address - this cookie is destroyed within 365 days after each session, ie, when the Client disconnects.
7. Audience measuring cookies are used to establish statistics, numbers of visitors and how the Website's components are also used (visited sections and content, paths). These measures allow A&L to improve the interest and ergonomics of the aforementioned Website. These audience measuring cookies are issued and managed by Google. For more information about the type of personal data collected by the Google Analytics cookies and their cookie management policy, the Client or the Visitor can view Google's website at the following link.
To stop his data being used via these cookies, the Client can click on the following link.
8. The Client can reject these cookies or delete them by selecting the appropriate settings in his browser, however it will make using the Website difficult, if not impossible.
For Internet Explorer™ : https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
For Safari™ : https://support.apple.com/en-gb/HT201265
For Chrome™ : https://support.google.com/chrome/answer/95647?hl
For Firefox™ : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
For Opera™ : http://help.opera.com/Windows/10.20/fr/cookies.html
9. The Client expressly acknowledges and accepts that A&L has the right to collect big data, meaning massive and anonymous data, as part of the Website's operation, and to exploit them for statistical and/or qualitative or quantitative analytical purposes, free of charge or paid.
10. The Client's data is also used to strengthen and personalise the communication intended for them, including any newsletters they are subscribed to.
14. PRODUCT COMMENTS – LOYALTY PROGRAMME
14.1 PRODUCT COMMENTS
a) The Client is invited to publish comments on the Website (hereafter the 'Comments') about the Products he has actually ordered from the Seller.
b) The Client can be issued a discount voucher in exchange for the publishing of a Comment in accordance with the terms listed in article 15.2 of this Agreement if it fulfils the following requirements:
(i) It has to feature among the first three published comments for the Product in question,
(ii) It necessarily has to be constructive and useful to the Website's other clients to help them decide whether to purchase the Product or not. For this purpose, the Comment has to be sufficiently argumentative and not only consist of the fact that you enjoyed the Product or not. Under these circumstances, the Client will endeavour to explain why he enjoys the Product or not.
c) The Client will make sure he rates the Products he has ordered on the Website in the most objective way possible, as well as criticise them, if that is the case, in a suitable and respectful fashion.
d) The words written by the Client as part of his Comments linked to the Products are the views of the Client only and are his sole responsibility.
e) Are expressively forbidden in the Comments any messages, statements and information that would violate the various Laws and Regulations in effect nationally and internationally, corresponding to political propaganda, religious proselytism, detrimental to rights and interests of third parties, menacing, insulting, spiteful, derogatory, invasive of privacy or image rights, disclosing personal information, racist, encouraging violence, hatred, discrimination, libellous, revisionist, pornographic, paedophile, harmful to human dignity or privacy, or even intellectual property, and in general that would be contrary to public order or morality.
In the same way are forbidden any messages and content having with an advertising or commercial nature, or that would not be in line with the Website's editorial policy.
f) Furthermore, the Client is forbidden to seize, download or share any software or content that includes computer viruses or any other code, file or software designed to interrupt, destroy, limit or harm the Website, software functionalities, computers, servers, networks or telecommunication tools, and this list may include other elements without limitation.
g) As part of its Service, A&L does not modify or alter any Comments published by Clients on their Website and displays them on the Website as they are.
h) However, A&L reserves the discretionary right to remove any Comments after their publication:
(i) if they do not respect the conditions listed in articles 15.1 (e) and 15.1 (f) of this Agreement or that would be susceptible to harm rights of third parties,
(ii) as part of a demand made by a third party, following the formal requirements listed in article 6.5 of the Law n°2004-575 of 21st June 2004,
(iii) in the cases where a judicial injunction would force the Seller to remove or edit a Client's Comment.
(i) Thus, A&L cannot be held responsible for any direct or indirect prejudice suffered by the Client or third parties caused by Comments published by A&L on their Website, or for the behaviour and actions of the Client throughout the Website. The responsibility of these Comments and behaviours are the Client's sole responsibility.
Consequently, the Client commits to cover and guarantee A&L against any intended actions against it for the facts listed in this article, and to cover any expenses as part of this, including lawyer fees incurred by any judicial or non-judicial action filed by a third party against A&L, and incurred by any transaction as well as any compensation or fine that could result from these actions or transactions.
j) A&L reserves the discretionary right to definitively delete a Client's Account, without him being able to create a new one on the Website, if he violates any of the bans listed in articles 15.1 (e) and 15.1 (f) of this Agreement.
14.2 LOYALTY PROGRAMME
A&L offers the Client a loyalty programme that offers loyalty points in return:
a) for publishing Comments that strictly comply with the conditions listed in article 15.1 (b) of this Agreement, rewarded 1 loyalty point per Comment,
b) for purchasing Products on the Website, rewarded 10 loyalty points per 10€ spent (tax inclusive), exclusive of shipping costs.
The worth of these loyalty points, their validity period, as well as their particular terms of use are precisely detailed under the Website's 'Loyalty Programme' section.
As these parameters can be regularly changed, the Client is invited to regularly check this 'Loyalty Programme' section.
15. VARIOUS
1. These conditions, along with the ones detailed in the order confirmation e-mail listed in article 3.2.3, comprise the entirety of the Client and Seller's obligations.
The Seller reserves the right to unilaterally modify the terms of this Agreement, the applicable terms being the ones in effect on the Website at the time of the Client's order. Therefore, the Client is advised to regularly refer to the latest version of these General Terms of Sale, permanently available under the Website's 'General Terms of Sale' section.
Furthermore, the Client can print or save this Agreement as a pdf, either from the Website or from the file that is sent to him in his order confirmation e-mail.
2. In the event where one of the Agreement's provisions would be considered void due to any law or regulation, present or future, or due to a ruling by a court carrying the authority for the matter judged and emanating from a competent jurisdiction or authority, this provision would then be considered as unwritten, whereas all other terms conditions between the Parties would retain their mandatory force.
3. The fact that one of the Parties does not avail itself at a given time of any of the provisions of this Agreement will never be considered as a waiver from their part of the rights they detain from said Agreement.
16. APPLICABLE LAW – DISPUTES
1. These General Terms and Conditions are regulated by French law, and only the French version is valid in regards to their interpretation.
2. Any dispute resulting from the application or interpretation of the Terms's provisions obliges the parties to get in contact and try and find an amicable agreement to their dispute before seizing the competent jurisdiction.
3. THE CLIENT RECOGNISES AND ACCEPTS THAT ONLY THE FRENCH COURTS HAVE AUTHORITY, IN APPLICATION OF THE RULES ENACTED BY THE FRENCH CIVIL PROCEDURE CODE.
4. As defined by article L.612-1 of the Consumer Code, any consumer has the right to call upon a consumer ombudsman free of charge in order to amicably resolve the dispute that opposes him to a professional. For this purpose, the Seller guarantees the Client an effective remedy to a consumer mediation procedure in the case of a dispute and if the Client wishes to use said mediation, he can seize the CIMA (Centre Interprofessionnel de Médiation et d’Arbitrage) at the following address:
CIMA - 32 Quai Perrache 69002 LYON – FRANCE
www.cima-mediation.com - [email protected]
Article R612-4 of the Consumer Code:
The ombudsman, by making known to the parties the solution it offers, reminds them, via letter or electronically:
1) That they are free to accept or refuse its solution offer,
2) That participating to the mediation does not exclude the possibility of a remedy in front of a jurisdiction,
3) That the solution can be different than the one decided by a judge.
The ombudsman also specifies the legal effects of accepting the solution proposition and sets a deadline for accepting or refusing it.