General Terms and Conditions of Sale
Characteristics of Goods and Services Offered
The products and services offered are those listed in the catalog published on the www.awachai.fr website.
These products and services are offered within the limits of available stocks.
The photographs in the catalog are as accurate as possible, but cannot ensure a perfect similarity with the offered product, especially with regard to colors.
Prices
The prices listed in the catalog are in euros, including all taxes, taking into account the VAT applicable on the day of the order; any change in the VAT rate may be reflected in the price of the products or services.
AWACHAI reserves the right to modify its prices at any time, it being understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
The indicated prices include order processing, transportation, and delivery fees, provided they occur in the geographical areas mentioned below.
Orders
The buyer who wishes to purchase a product or service must:
– fill in the identification form on which they will indicate all the requested information or give their customer number if they have one;
– fill out the online order form giving all the references of the chosen products or services;
– validate their order after verifying it;
– make the payment under the specified conditions;
– confirm their order and payment.
Order confirmation implies acceptance of these terms of sale, acknowledgment of having full knowledge of them, and waiver of the right to invoke their own purchasing conditions or other conditions.
All the provided data and the recorded confirmation will serve as proof of the transaction. The confirmation will be equivalent to signing and accepting the performed operations.
The seller will communicate by email confirmation of the recorded order as soon as the order is being prepared.
The information that the buyer records during the order process binds them: in case of an error in the email address concerned, or in case of an error in the wording of their details, SAS AWACHAI cannot be held responsible for the non-receipt of the order confirmation email or/and delivery difficulties resulting from it.
Withdrawal
Non-professional physical persons (consumers) have a withdrawal period of seven days from the delivery of their order to return the product to the seller for exchange or refund without penalty, except for return costs. The withdrawal period does not apply to coffee and other consumable products, according to Article L121-21-8 of the Consumer Code: "The right of withdrawal cannot be exercised for contracts: [...] 4° for the supply of goods liable to deteriorate or expire rapidly; 5° for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons".
Payment Terms
The price is payable upon order.
Payments will be made by credit card; they will be processed through the secure Paypal system, which uses SSL (Secure Socket Layer) protocol so that the transmitted information is encrypted by software and no third party can read it during transport on the network.
Deliveries
Deliveries are made to the address indicated in the order form, which can only be in the agreed geographical area.
The risks are borne by the buyer from the moment the products have left AWACHAI’s premises. In case of damage during transport, a reasoned protest must be made to the carrier within three days of delivery.
Delivery times are given only as an indication; if they exceed thirty days from the order, the sales contract may be terminated, and the buyer refunded.
In any case, if the package is returned to the sender due to errors in the postal address details, the second delivery will be at the customer's expense. In this case, if the package is again returned to the sender, it will no longer be resent to the customer, and the amount corresponding to this order, including any additional delivery costs, will remain with SAS AWACHAI.
Warranty
All products provided by the seller benefit from the legal guarantee provided by Articles 1641 and following of the Civil Code.
In case of non-compliance of a sold product, it can be returned to the seller, who will take it back, exchange it, or refund it.
All claims, requests for exchange or refund must be made by post to the following address:
AWACHAI
149 chemin du Bois Rondet
38138 Les Côtes d'Arey
within thirty days after delivery.
Liability
The seller, in the online sales process, is only bound by a best-efforts obligation; their liability cannot be engaged for any damage resulting from the use of the Internet, such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
Intellectual Property
No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether they are software, visual, or sound.
Personal Data
In accordance with the law on data processing, files, and freedoms of January 6, 1978, the nominative information relating to buyers may be subject to automated processing.
Buyers may oppose the disclosure of their details by notifying AWACHAI. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
The automated processing of information, including the management of users' email addresses, has been declared to the CNIL on 06.02.2011, registered under number 1483042.
Archiving – Proof
AWACHAI will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
AWACHAI’s computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
Dispute Resolution
These online sales conditions are subject to French law.
In case of dispute, jurisdiction is attributed to the competent courts of Paris, notwithstanding the plurality of defendants or warranty appeal.