Terms and conditions of purshase
Article 1 : Purpose
The company Augis (the "Seller") produces and markets medals and jewelry. In order to better meet its customers' expectations, the Vendor has set up an internet distance selling site www.augis.fr
These General Terms and Conditions of Use and Sale are governed by articles 1125 et seq. of the French Civil Code and by the provisions of the French Consumer Code..
In particular, they specify the conditions for ordering, payment, delivery and management of any returns of products ordered by the Customer.
The purpose of these General Terms and Conditions of Use and Sale is to define the rights and obligations of the Seller and non-professional or consumer buyers (the "Customer") and apply without restriction or reservation to purchases made by non-professional or consumer buyers on the Augis.fr website
.These online General Terms and Conditions of Sale cancel and replace all previous online General Terms and Conditions of Sale.
These general terms and conditions of use and sale can be accessed at any time on the www.augis.fr website and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer is required to read them before placing any order.
With regard to online sales, the Customer acknowledges having read and accepted, at the time of placing an order for an item, the present General Terms and Conditions of Use and Sale, and has the option at any time of saving them on a durable medium by printing or downloading them, using the site functions provided for this purpose.
The present General Terms and Conditions of Use and Sale will be communicated without delay to any Customer who so requests.
As these General Terms and Conditions of Use and Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website at the date the order is placed.
These General Terms and Conditions of Use and Sale will remain in force as long as they have not been modified.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
Article 2 : Identification
The Vendor is a simplified joint stock company with a capital of 802,596.50 euros, registered in the Paris Trade and Companies Register under number 511 156 291, whose registered office is located at 40, rue Victor Basch, 91300 Massy.
Service Clients, 17 Rue des Petites Granges, 49400 Saumur Telephone: +33(0)2 41 83 41 06 or by email: service-client@augis.fr
Article 3 : Product information and limitation of liability
The gold items offered on the site are 750/1000 gold guaranteed by the State hallmark. While taking the greatest care and accuracy in posting information online, in the descriptions of the products on sale and in the data available as well as in their regular updating, the Seller cannot be held responsible for errors who could intervene. Likewise, the photographs and other reproductions of the articles are communicated for illustrative purposes - and this, within the limits of the technique and in compliance with the best market standards -, and are however only indicative and have no value. contractual. More generally, the Seller cannot be held responsible for :
- interruptions or delays recorded by customer service or on the site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, independently of his will;
- the customer's inability to contact customer service; and or
- the impossibility of the customer or the Seller to temporarily access the site, due to facts beyond the control of the Seller, such as cases of computer failure, interruptions of the telephone network, the Internet network or failure of the equipment of reception of the client from the internet network.
Article 4 : Ordering items
Only persons legally capable of entering into contracts concerning the items offered by the Seller on the site may place an order. When placing the order, the Customer must have full legal capacity to adhere to these General Conditions of use and sale. When paying by credit card, you declare that you are fully authorized to use said card.
Product offers are valid as long as they are visible on the website www.augis.fr, while stocks last. The sale will only be complete upon written confirmation from the Seller. The order for items put on sale on the site www.augis.fr is made :
(1) By telephone on +33(0)2 41 83 41 06 from our Customer Service, Monday to Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 10:00 a.m. to 5:00 p.m.
En cas de commande par téléphone, le Client autorise expressément le Vendeur à se connecter au compte du Client afin d’activer la fonctionnalité de Vente à Distance (VAD) présente dans la rubrique « Information du compte » et l’autorise à l’accompagner dans le passage de sa commande guidée par le Client. Le Client finalisera le passage de sa commande par le paiement sécurisé de cette dernière.
(2)By email service-client@augis.fr specifying the desired product, the size, your billing and delivery addresses. We will send you a quote by return email.
(3) Directly on the website www.augis.fr according to the following main steps :
- Activation of the Distance Selling (VAD) functionality mentioned in the “Account Information” section, which authorizes the Seller to connect to the Customer’s account and assist them in placing orders.
- Selection of items by specifying certain fields depending on the product (material, diameter, finish, quantity) and by choosing or not the personalization (engraving) of the product.
- Indication of product availability with possibility of cancellation to return to the selection of other items if the delivery time indicated is not accepted.
- Visualization or summary and validation of the basket with possibility of modification.
- Personal data information.
- Choice of an approved mode of transport.
- Acceptance of the General Conditions of Use and Sale.
- Validation of the order according to summary, with allocation of an order number and indication of the longest delivery time taking into consideration the availability of all the items ordered.
- Secure payment of the order.
As soon as the Customer validates his order, he declares having accepted it, which constitutes the formation of a contract concluded remotely between the Customer and the Seller. The latter will immediately acknowledge receipt of the order by written confirmation sent by email. Thus, the sale will only be considered final after completion by the Customer of secure payment transactions, and by sending to the Customer the confirmation of the order by the Seller, specifying the terms and time for shipping the items.
For orders placed exclusively on the internet, registration of an order on the Seller's website implies unreserved acceptance of these General Conditions of use and sale.
The Seller will be entitled to refuse to make a delivery or to honor any abnormal order or order placed in bad faith. In addition, it will be entitled to refuse to make a delivery or to honor any order from a customer who has not fully or partially paid a previous order or with whom there is a dispute relating to the payment of a previous order.
ARTICLE 5 : PRICES OF ITEMS
The prices communicated on the website are presented in euros and are inclusive of all taxes, excluding delivery costs. The Customer expressly acknowledges that the amount of VAT is due in addition to the price excluding tax indicated on the Site.
These prices are firm and cannot be revised during their period of validity, that is to say as long as they appear on the Site, the Seller reserving the right to modify the prices at any time but the prices invoiced are those in force at the date of the order. They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the Site and calculated before placing the order.
The applicable VAT rate will be that in force at the time of the order. It is specified that the VAT supported may be that of the member country of the European Union where the Customer is located. For countries not members of the European Union and DROM-COM, the final price will be displayed excluding taxes, after having entered the delivery address.
The amount of shipping costs will be automatically displayed on the site when validating the shipping method and will be confirmed when confirming the order by email. Any order registered on the website and delivered outside the European Union may possibly be subject to customs duties. In such a case, the customer is the importer of the product(s) ordered. These customs duties or taxes payable on delivery of the items are the sole responsibility of the customer who undertakes to obtain information from the competent authorities.
ARTICLE 6 : PAYMENT CONDITIONS
Payment for customer orders is made :
(1) By Apple Pay or Paypal.
(2)By credit card (Visa, MasterCard, American Express): the amount of the order is then immediately debited. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the Price All Taxes Included.
(3)By transfer: bank details (RIB) will be communicated to the Customer when choosing the payment method “by transfer” when paying for their order. The order will be processed upon receipt of the transfer.
(4) Via the ALMA credit service for payment in several installments without fees: sending an SMS to the Customer by the Alma credit service containing a secure payment link on which the Customer authorizes the payment and completes his bank details.
The Seller offers the Customer the ALMA credit service for the payment of their purchases and the execution of payment in several installments. This process is conditioned by the Customer's acceptance of the T&Cs or the credit contract offered by the ALMA organization.
“A loan binds you and must be repaid. Check your repayment capacity before you commit. »
At the Customer's request, the ALMA organization will communicate to him free of charge, if it is willing to grant him a credit, in addition to the information mentioned in article L. 312-12 of the Consumer Code, a copy of the contract offer on paper or any other durable medium.
Any refusal to grant credit by the ALMA organization for an order may result in its cancellation.
Any termination of the T&Cs which bind the Customer and the Seller results in the termination of the T&Cs or the credit contract between ALMA and the Customer.
Payment in three/four installments is available via the ALMA organization. Payment security is ensured by the ALMA organization and its service providers. All payments are protected by 3DSecure.
Amount of purchases: Only purchases whose amount is between €300 including tax and €2,000 including tax are eligible for payment in several installments free of charge via the ALMA organization.
A first amount will be paid when the order is placed in accordance with the schedule communicated by ALMA.
Fees: By paying in several installments with the ALMA organization, the Customer does not bear any additional costs compared to the amount of the purchase made.
The ALMA organization manages electronic payments and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.
(5)According to negotiated conditions: the Customer must pay for his order after receipt of his order using his pre-recorded payment method: draft, check, transfer. The price is payable in full and in a single payment within a period agreed upon by the Seller and the Customer during the commercial negotiation. This deadline will be mentioned on the invoice sent to the Customer.
In application of articles 1231 et seq. of the Civil Code, in the event of late payment and payment of sums owed by the Customer to the Seller beyond the deadline set above, moratorium damages and interest at the rate of the non-performance of its obligation by the Customer will be due to the Seller at the legal rate in force after sending a prior formal notice which remains unsuccessful.
All orders are payable in euros.
The items ordered remain the property of the Seller until full payment of the price from the banking organization.
Purchases are made in complete security, the confidentiality of banking information transmitted via the site of an approved banking establishment is ensured in a secure environment (SSL protocol).
This means that the bank details circulate on the internet in an encrypted manner between the Customer's computer and the electronic payment server, and never arrive on the Seller's site. The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations, in the event of non-payment and in the event of doubt about the means of payment. payment.
The Seller does not keep any payment method data in its database for payments by card from the CB, Visa, Mastercard, American Express network.
Article 7 : Delivery
Delivery means the transfer to the customer of physical possession or control of the ordered product.
The Customer is solely responsible for a delivery failure due to a lack of information when ordering.
Except in special cases or unavailability of one or more products, delivery of orders is made in one go.
In the event of an order comprising several products with different delivery dates, the delivery time will be that of the product with the furthest delivery time.
The delivery time is stipulated in working days and corresponds to the longest delivery time. This delivery time is provided for information only and any excess will not give rise to any damages.
However, if the product has not been delivered to the customer within the indicative delivery time specified in the order confirmation email, for any reason other than force majeure or the customer's actions, the order may be canceled upon request. written by the customer under the conditions provided for in articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the customer will then be returned to him, by bank transfer, at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The order and its shipment can be monitored by telephone to Customer Service at +33(0)2 41 83 41 06 or by email at service-client@augis.fr. Once the order has been prepared, it will be shipped to the postal address provided by the customer when placing the order.
The products are delivered according to the delivery method chosen by the customer on the website www.augis.fr
A shipping email will be sent to the customer to the email address provided when ordering. This will include the carrier's tracking number in order to be able to follow the delivery of the package.
The Seller undertakes to make its best efforts to ensure that the products are delivered as quickly as possible following the order. Shipping costs are invoiced in addition, under the conditions indicated on the website www.augis.fr and calculated before placing the order, it being specified that the payment requested from the customer will correspond to the total amount of their purchase, including including these costs.
Upon receipt of the order, in the event of damage, tearing or opening of the packaging of the package, the customer is invited to check the condition of the items delivered in order to immediately refuse the package containing the damaged or missing items. , noting the cause of refusal on the delivery slip.
The customer must ensure that the items delivered to him correspond to his order.
In the event that the items delivered to the customer do not conform to their order, the customer must inform the Seller's Customer Service as soon as possible and return the items in question under the conditions set out in article 8 (Terms of delivery). Return) of these general conditions of use and sale.
In the event of proven non-compliance, the Seller undertakes to ship to the customer, upon receipt of the non-compliant items, new items corresponding to their initial order and to cover the return costs.
The transfer of ownership of the items ordered will be carried out upon confirmation of acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the delivery date.
The Customer acknowledges that it is up to the carrier to make delivery, the Seller being deemed to have fulfilled its delivery obligation once it has delivered the ordered products to the carrier who accepted them without reservation. The Customer therefore has no warranty recourse against the Seller in the event of failure to deliver the products ordered or damage occurring during transport or unloading.
Article 8 : Return Conditions
8.1 Final Return:
The Seller intends that any customer who is not satisfied with the items ordered can exercise the right of withdrawal provided for by article L. 121-21 of the Consumer Code under the best conditions. Return costs are the responsibility of the Seller.
Thus, the customer will be able to exercise his right of withdrawal within fourteen (14) days following the delivery date, without having to provide reasons or pay a penalty.
The customer must notify the Seller of his decision to withdraw by means of an unambiguous declaration by email and addressed to service-client@augis.fr
The Seller will communicate to the customer the return conditions to be respected in order to return the ordered product.
The items must be returned complete in their original packaging, in new condition and accompanied by a copy of the invoice, within fourteen (14) days following communication of the withdrawal decision to the following address: A .Augis, Customer Service, 17 rue des Petites Granges 49400 Saumur.
This shipment must be made exclusively using the shipping slip which will have been sent to the customer by email.
The customer must keep all proof of this return allowing a certain date to be given.
The 14-day right of withdrawal does not apply to items made to customer specifications or personalized creations and no refunds will be made on worn or engraved items.
Reimbursement of returned items at the invoice price will be made via the order payment method, by credit to the customer's bank account corresponding to the bank card used for payment, by Paypal or by transfer, within the following 30 days, on the day of actual receipt of the items by the Seller or until the customer provides proof of shipment of these items, the date chosen being that of the first of these facts. It is specified that if the item ordered is intended to be offered as a gift, the right of withdrawal remains for the exclusive benefit of the customer and cannot under any circumstances be exercised by the recipient of the gift. Items returned incomplete, damaged, soiled, worn and/or deteriorated will not be refunded.
8.2 Exchange:
The Seller offers the possibility of exchange of delivered items, except for items made to customer specifications or engraved within 14 days following the date of receipt.
To exchange the product, the customer can contact Customer Service by telephone at +33(0)2 41 83 41 06 or by email at service-client@augis.fr.
Engraved, personalized jewelry, made according to customer requests or made to size cannot be exchanged.
The Seller will communicate to the customer the return conditions to be respected in order to return the ordered product. This shipment must be made exclusively using the shipping slip which will have been sent to the customer by email.
After having been informed of the return conditions, he will return the items to be exchanged, in their original packaging, in new condition, complete and accompanied by the invoice, to the following address: A.Augis, Customer Service, 17 Rue des Petites Granges, 49400 Saumur, recalling your order number.
Shipping costs are covered by the Seller
Any new delivery can only take place upon receipt by the Seller of the items returned by the customer. Reimbursement of the overpayment or payment of the difference in the amounts of the items will be made, depending on the method of payment for the items, by credit or debit to the customer's bank account corresponding to the bank card used for payment or by Paypal.
It is specified that if the item ordered is intended to be offered as a gift, the recipient of the gift may make an exchange, but in the event of a difference in price, no refund may be made to the recipient of the gift, the difference being paid directly by transfer to the bank account used for secure payment by credit card.
ARTICLE 9: GUARANTEES
The products sold on the Seller's Site comply with the regulations in force in France and have performances compatible with non-professional uses.
The products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
- of the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order.
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the methods referred to in articles 9.1. and 9.2. of these General Conditions of Use and Sale.
9.1 Guarantee of conformity and guarantee of hidden defects
It is recalled that as part of the legal guarantee of conformity, the Customer:
- benefits from a period of two years from delivery of the goods to take action against the Seller.
- can choose between repair or replacement of the ordered product, subject to the cost conditions provided for by article L 217-9 of the Consumer Code.
- is exempt from providing proof of the existence of the lack of conformity of the product during the 24 months following delivery of the product.
The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover the product.
The Customer also benefits from the guarantee of conformity relating to defects in conformity resulting from the packaging and assembly instructions.
The Customer may decide to implement the guarantee against hidden defects in the product in accordance with articles 1641 to 1648 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the products within a maximum period of 10 days from delivery of the products or the discovery of hidden defects in the deadlines referred to above and return or bring back to the store the defective products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within […] days following the Seller's discovery of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products. The guarantee against defects and hidden defects can only apply if the defect claimed by the Customer does not result from:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify.
- abnormal or non-compliant use.
- normal wear or aging.
- an accidental event or more generally an external cause.
The guarantee cannot, however, be granted in the event of intervention by an unauthorized third party on the ordered product.
In such a case the Customer will choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.
9.2 Guarantee in case of breakage
If the product ordered should be scratched or broken and if this comes from an incident which is not the consequence of defects or hidden defects, the Seller's workshop may offer the customer the possibility of repairing said product ordered, against a quote.
The repair is carried out subject to acceptance and payment of this quote.
Article 10: Force Majeure – Unpredictability
The Seller cannot be held responsible if the non-execution or delay in the execution of any of its obligations, as described in these General Conditions of use and sale, results from a case of force. major, within the meaning of article 1218 of the Civil Code, in particular without this list being exhaustive, flood, fire, storm, lack of raw materials, total or partial strike of transport, postal services, etc.
The Seller, noting the event, must immediately inform the Customer of his inability to perform his service and justify this to him. The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
During this suspension, the parties agree that the costs generated by the situation will be the responsibility of the party prevented.
Performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of 30 days. Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the Seller will notify the Customer of the resumption of his obligation by email, by registered letter with acknowledgment of receipt or any extrajudicial act.
If the impediment is permanent or exceeds a duration of 30 days, the sale will be purely and simply canceled. The automatic resolution due to force majeure can only take place 15 days after sending receipt of a formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act. However, this formal notice must mention the intention to apply this clause.
The Seller will then reimburse the Customer for the sums paid by the latter for the order concerned, by transferring the price and fees paid to the bank account used for secure payment by bank card.
The Seller collects personal data relating to its customers when registering orders from the website www.augis.fr.
In the event of a change in unforeseeable circumstances when the order is placed, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous execution may request a renegotiation of the contract to its co-contractor.
In accordance with the law known as “Informatique et Libertés” n°78-17 of January 6, 1978, as well as European regulations in force, the customer has a right of permanent access, rectification and opposition to personal data. concerning it, by making a request by email to the Seller Augis, service-client@augis.fr.
Depending on the customer's choices, they will also be able to receive information via the internet on news, events and promotional offers.
ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS
The website www.augis.fr and all its elements (creations, texts, photographs and illustrations, videos, etc.) are the exclusive property of the Seller. Any reproduction of all or part of the site and its components (logos, brands, images, graphics, designs and models, photographs, videos, texts, comments, etc.) other than for exclusively private use is strictly prohibited, without limitation. express, written and prior authorization from the Seller, who may condition it on financial compensation, and any contravention of this prohibition constitutes counterfeiting and is punishable under the provisions protecting Intellectual Property by the laws and regulations applicable in French law.
Article 12: Personal data
The Seller collects personal data relating to its Customers, when registering orders from the website www.augis.fr.
In accordance with the law known as “Informatique et Libertés” n°78-17 of January 6, 1978, as well as the European regulations in force, the Customer has a right of permanent access, rectification and opposition, personal data concerning him, by making a request by email to the Seller: service-client@augis.fr.
The Seller has implemented a personal data protection policy which is included in a document entitled “Data Protection Policy”.
Depending on the Customer's choices, they may also receive information via the internet on news, events, promotional offers.
You have the option of registering free of charge on the BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom you do not have an ongoing contractual relationship, in accordance with law no. 2014-344 of March 17, 2014 relating to consumption. Any consumer can register for free on this list on the website https://www.service-public.fr/particuliers/vosdroits/R43993
Article 13 : Dispute and applicable law
These general conditions of use and sale and the operations resulting from them are subject to French law.
Any dispute or litigation which may arise during purchase and sale operations carried out in application of these general conditions of use and sale, concerning their validity, interpretation, execution, termination, consequences and/or or their consequences will be subject to the jurisdiction of the competent courts.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art. L 534-7) or to any alternative method of settlement of disputes (conciliation, for example) in the event of a dispute.
Pursuant to Article L. 616-1 of the Consumer Code, the Customer may contact the Consumer Mediator at the Société Médiation Professionnelle, directly via their website www.mediateur-consommation-smp.fr.
In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the professional's Customer Relations Department). In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Customer within the meaning of article L.133-4 of the Consumer Code has the possibility of contact, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation in application of Article L.615-1 of the Consumer Code, to know :
The Professional Mediation Company
www.mediateur-consommation-smp.fr
24 rue Albert de Mun - 33000 Bordeaux
However, no party may be held responsible for the total or partial non-performance of its obligations, if this non-performance is due to a fortuitous event or the occurrence of an element constituting force majeure such as in particular, and without whether this list is exhaustive, flood, fire, storm, lack of raw materials, total or partial strike of transport, postal services, etc. The parties agree that they must consult as soon as possible in order to to determine the terms of execution of the order if the force majeure lasts for more than one month. At the option of the parties, the Seller may not honor the order or the customer may request restitution of the price, it being up to the Seller to reimburse the customer for the sums paid by him for the order concerned, by transferring the price and fees paid to the bank account used for secure payment by bank card.
Pursuant to article L. 616-1 of the Consumer Code, the Customer may contact the Consumer Mediator. Our framework agreement is currently being validated by the CECMC.
ARTICLE 14: PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The customer acknowledges having been informed, prior to placing his order, in a readable and understandable manner, of these general conditions of use and sale and of all the information and information referred to in articles L111-1 to L111-7 , and especially :
- the essential characteristics of the product purchased, taking into account the communication medium used and the product concerned;
- the price of the products and related costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the product;
- information relating to the identity of the seller, his postal and telephone contact details, and his activities, if they do not emerge from the context,
- information relating to legal guarantees, appearing in Appendix 2 to these general conditions of use and sale, and their terms of implementation;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the costs of returning products, the terms of termination and other important contractual conditions.
The fact for a customer of ordering on the website www.augis.fr implies full and complete adherence and acceptance of these general conditions of use and sale, which is expressly recognized by the customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
ANNEX 1: MODEL WITHDRAWAL FORM :
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Augis customer service,
Address: A.Augis, Customer Service, 17 rue des Petites Granges 49400 Saumur,
Telephone : +33(0)2 41 83 41 06
By e-mail service-client@augis.fr
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on (*)/received on (*):
Name of customer(s):
Address of customer(s):
Signature of the client(s) (only if this form is notified on paper):
(*) Delete what is unnecessary.
Appendix 2 : Guarantees - Reminder of applicable texts:
Consumer CodeArticle L211-4The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. Article L211-5To comply with the contract, the property must: 1° Be suitable for the use usually expected of similar goods and, where applicable:
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L211-6The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them. Article L211-7Defects of conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. Article L211-8The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. Article L211-9In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. Article L211-10If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same faculty is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 211-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. Article L211-11The application of the provisions of articles L. 211-9 and L. 211-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. Article L211-12The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. Article L211-13The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law. |
Appendix 2: CIVIL CODEArticle 1641The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them. Article 1642The seller is not liable for apparent defects of which the buyer was able to convince himself. Article 1642-1The seller of a building to be constructed cannot be discharged, neither before receipt of the work, nor before the expiration of a period of one month after the purchaser takes possession, of construction defects or defects. compliance then apparent. There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair. Article 1643He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. Article 1644In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. Article 1645If the seller knew of the defects in the item, he is liable, in addition to restitution of the price he received, for all damages to the buyer. Article 1646If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. Article 1646-1The seller of a building to be constructed is bound, from receipt of the work, to the obligations of which architects, contractors and other persons linked to the project owner by a work rental contract are themselves bound in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code. These guarantees benefit successive owners of the building. There will be no reason to cancel the sale or reduce the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in Article 1792-3. Article 1647If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two preceding articles. But the loss occurring by fortuitous event will be for the account of the buyer. Article 1648Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity. Article 2232The postponement of the starting point, the suspension or interruption of the prescription cannot have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose. The first paragraph is not applicable in the cases mentioned in articles 2226, 2227, 2233 and 2236, in the first paragraph of article 2241 and in article 2244. It also does not apply to actions relating to the state of people. |