Termeni și condiții generale de vânzare

Article 1 - GENERAL PROVISIONS

The present General Terms and Conditions of Sale ("GTCS") determine the rights and obligations of the parties in the context of the online sale of products offered on the website (hereinafter referred to as "the site") by Jinhua A-young Trade Co.,Ltd (hereinafter referred to as "the supplier").

Any Order placed on the site implies the prior acceptance of these GTC including the additional terms, conditions and policies referred to here and/or accessible by hyperlink. These terms and conditions are governed by French law. These GTC are therefore an integral part of the agreement between the Customer and the supplier. They are fully enforceable against the Customer who declares to have read them and to have accepted them, without restriction or reservation, before placing his Order. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use the services offered on it.

These GTC apply to any Order placed by a natural person of legal age acting as a private individual who acknowledges that he/she has the full capacity to commit himself/herself when placing an Order and to provide, if necessary, proof of his/her identity and age. 

Persons acting as professionals in the context of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these GTC. 

All new features and tools that will be added to this site in the future will also be subject to these GTC. We reserve the right to update, change or replace any part of these T&Cs by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

This site is hosted by SHOPIFY Inc. 126 York St. Ottawa, Ontario, K1N 5T5, Canada.

 

Article 2 - ONLINE CONTRACTUALIZATION (articles 1369-4 and 1125 to 1127 of the civil code)

The contract of sale between the buyer and the seller is concluded when the latter validates his order at the end of the selection process of the product(s) he has chosen.

To purchase one or more products on the site, the Customer selects each product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (first click).

At this stage, the Customer is redirected to a page containing a summary of the selected products, the corresponding prices, the terms and conditions and the delivery charges. It is then up to the Customer to check and, if necessary, correct the contents of his/her shopping cart.  It is the customer's responsibility to carefully read the present GTC before validating the entire Order. 

This validation of the Order after verification of the shopping cart and reading of the GTC (second click) shall constitute the conclusion of the Contract and the Customer acknowledges that the second click entails an obligation of payment on his/her part. 

The Customer is then redirected to the payment page. The Customer can choose between the different payment methods offered and proceed with the payment of his/her Order. 

Once the Order has been validated and payment has been made, the Customer will receive a confirmation message from the Supplier to the e-mail address he/she provided to create his/her account. This message contains, in PDF format 

- The summary of his order (selected product, price, terms and delivery charges);

- The precise identification of the supplier and its activity;

- The order number;

- The terms, conditions and withdrawal form;

- The present GTC in PDF format. 

If the Customer does not receive the Order confirmation, he/she is advised to contact the supplier via the contact form on the site.   

The Customer will then receive an electronic invoice for the purchase, which the Customer expressly accepts. 

The Customer is advised to keep this confirmation message and the purchase invoice, which is also sent to him in electronic form, as these documents may be produced as proof of the Contract. 

The Supplier reserves the right to refuse any Order for any legitimate reason, including for example:

- Order not in compliance with the GTC;

- Quantities ordered that do not correspond to normal use by a private individual;

- Suspicion of fraud on the Order. 

 

Article 3 - INFORMATION ON THE CHARACTERISTICS AND AVAILABILITY OF PRODUCTS

The Customer is informed in English on the site of the essential characteristics of the goods and their price as well as the conditions of use of the product. 

The customer admits that the illustrations, videos or photos of the products presented to the sale do not have contractual value. 

The duration of validity of the conditions of sale of the products and their availability is specified on the Internet site.

The products are available within the limits of the suppliers' stocks. This availability of products is normally indicated on the specific page of the product. 

In the event that a product becomes unavailable after the Order has been validated, the supplier shall immediately inform the Customer by e-mail. His/her Order shall be automatically cancelled and the Supplier shall proceed to the refund of the totality of the price paid. 

However, if the Order contains other products than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded. 

 

Article 4 - PRODUCT PRICE

The price of the Product(s) is the one mentioned on the Web site at the time of the validation of the Order. 

It can be modified at any time and without notice.

It does not include shipping, transportation and delivery costs of the products to the delivery address.

VAT - CUSTOMS DUTIES AND SIMILAR :

The products ordered by the Customers being imported from countries outside the European Union and the sale being made under the conditions of "delivery departure", their price is indicated in Euros excluding VAT and customs duties

The price of the products does not include import VAT, import taxes or customs duties, which must be paid in addition and are the responsibility of the Customer.

The Customer is solely responsible for the import VAT when clearing the product may be required to pay the import VAT. 

For all products shipped from a country outside the European Union, customs duties or other taxes or duties may be payable by the Customer.

Indeed, at the time of his purchase, the Customer is the importer of the product purchased in his capacity as recipient of the product. 

He is therefore responsible for the import and customs clearance of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for products with a customs value of more than 150 €).

The Customer is solely responsible for the customs duties when clearing the product as the actual receiver of the goods. These customs duties, which are not invoiced to the Customer by the supplier, are not the responsibility of the supplier. The Supplier shall not be liable for the reimbursement of such duties.  

The Customer is invited to inquire about these aspects with the competent tax and customs authorities before placing an order.

 

Article 5 - PAYMENT TERMS 

Payment for the Order shall be made in cash after the Order has been confirmed.

The Customer may choose from several methods of payment: 

Payment by credit cards linked to a banking establishment located in France or by international credit cards (Visa, MasterCard, American Express and Maestro). The Customer certifies that he is the holder of the necessary authorizations to pay with the bank card used. He expressly acknowledges that the communication of his credit card number is an irrevocable authorization to debit his account for the price of the ordered products. The amount will be debited at the time of validation of the Order. 

Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.  

Payment by Paypal within the limit of one thousand Euros (1.000 €). It is underlined that in case of recourse to this method of payment, the General Conditions of Use of Paypal, are added to the present GTC. 

Payment by vouchers and/or promotional codes: Vouchers and/or promotional codes issued by the supplier may be used to pay for all or part of the Order. In the event of attempted fraudulent use of vouchers and/or promotional codes, the Supplier may proceed with the outright cancellation of the Order. 

In the event of refusal of payment by officially accredited organizations or in the event of non-payment of the Order, the Supplier reserves the right to cancel the Order. 

The Supplier reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers its services. 

The Provider reserves the right to ensure that no one is illegally using a third party's credit card without their knowledge. To this end, it may ask the Customer for a copy of his or her identity card, proof of address and a copy of the bank card used for payment, while respecting the confidentiality of the data. The order will be validated only after reception and verification of the documents sent.

 

Article 6 - DELIVERY 

Prior to the validation of the Order, the Supplier shall provide the Customer with information concerning the different delivery methods as well as their respective costs and delivery times.  

The Supplier shall make every effort to ensure that the Product(s) is (are) delivered on the date specified for delivery. In the event of difficulty, the supplier undertakes to communicate promptly with the Customer to inform him of this and to seek an appropriate solution with him.

Delivery costs are borne by the Customer and are included in the price charged at the time of the Order. 

Delivery shall be made, at the Customer's option, either to the address given by the Customer at the time of the Order, or, where applicable, to a relay point chosen by the Customer from the list of points offered.  The supplier cannot be held responsible in case of delay or default of delivery due to incomplete or erroneous information provided by the Customer. 

Upon receipt of the product, the Customer undertakes to check that it is complete and that it is not damaged. 

In case of anomaly, the Customer will have to contact the supplier within three days (except public holidays) following the date of reception of the product.

 

Article 7 - LEGAL GUARANTEES

The supplier is held of the defects of conformity of the good in accordance with the provisions of the articles L.217-4 and following ones of the Code of the Consumption as well as of the latent defects in accordance with articles 1641 and following ones of the Civil code. 

When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 and following of the Consumer Code), the Customer :

- has a period of 2 years from the date of delivery to act;

- may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;

- is exempted from proving the existence of the lack of conformity during the 24 months following the delivery of the product if the product is new, and during the 6 months following the delivery if the product is sold second-hand. 

The Customer may also decide to act within the framework of the legal guarantee against hidden defects as defined in Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code. 

These legal guarantees apply independently of any contractual guarantee.  

Reproduction of applicable texts

 

L.217-4 Code de la Consommation :

"The seller delivers a good in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or carried out under his responsibility.

 

L.217-5 Code de la Consommation:

"The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, if applicable :

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or in labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. 

 

L.217-9 Code de la Consommation:

"In case of lack of conformity, the buyer chooses between repairing or replacing the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer."

 

L.217-12 Consumer Code:

"The action resulting from the defect of conformity is prescribed by two years from the delivery of the good."

 

1641 of the Civil Code

"The seller is bound by the warranty for latent defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have purchased it, or would have paid a lower price for it, had he known of them.

 

1648 of the Civil Code

"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. [...] "

 

Article 8 - RIGHT OF WITHDRAWAL (Law No. 2014-344 of March 17, 2014 on consumer affairs)

In accordance with Article L 121-20 of the Consumer Code, the Customer has the right to freely withdraw within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several products, the period shall run from the date of receipt of the last product. 

If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the shipping costs shall be reimbursed, with the cost of returning the product(s) being borne by the Customer.

In order to exercise the right of withdrawal, the Customer must inform the Supplier by sending an unambiguous statement expressing his intention to withdraw within the aforementioned period of 14 days and indicating the name and references of the product, the date of the order and receipt of the product, the order number, the Customer's number and address and, in the case of a request sent in paper form, the Customer's signature.

The request must be addressed to the supplier by postal or electronic mail to the addresses appearing in the heading "legal mentions" and/or "contact" of the site.

The Customer has a 14 days deadline as from the sending of the notification of its retractation to return the product to the supplier in its packing of origin, the expenses of return remaining with the exclusive load of the Customer.  

The products must be returned in their state of origin and complete (packing, accessories, note, etc) to allow a resale by the supplier. In the event of reception of opened, used, incomplete, damaged or dirtied products, the supplier will not proceed to any refunding and will be able even, if it judges it necessary and adequate, to engage the responsibility for the Customer for depreciation of the product. 

The supplier will refund the Customer within 14 days following the date on which it will have taken note of the exercise of the right of retractation. However, it will be able to refund the Customer only with reception of the returned product if it received this last later.

This reimbursement shall be made using the same means of payment as the one used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. 

 

Article 9 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on the product page, the sale of products on the site does not entail any transfer of intellectual property rights to the products sold. 

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the supplier or their initial owner. No transfer of intellectual property rights is made through these GTC.

 

Article 10 - FORCE MAJEURE

The supplier shall not be held responsible for the non-performance of its obligations under these GTCs in the event of the occurrence of a fortuitous event or force majeure that would prevent their performance. The supplier will notify the customer of the occurrence of such an event as soon as possible.

 

Article 11 - EXCLUSION OF LIABILITY 

Notwithstanding anything to the contrary contained herein, Supplier shall not be liable for any loss or damage due to improper use of the Product(s) by Customer, including but not limited to any modification or alteration of the Product(s) not authorized by Supplier.

 

Article 12 - SUSPENSION - TERMINATION OF ACCOUNT

The supplier reserves the right to suspend or to cancel the account of a Customer who would contravene the provisions of the CGV, or in a general way with the applicable legal provisions, without damage of all damages which could seek the supplier.

Any person whose account would have been suspended or closed will not be able to order subsequently nor to create a new account on the Site, without the preliminary authorization of the supplier.

 

Article 13 - ARCHIVING - PROOF

Unless proven otherwise, the information recorded by the supplier shall constitute proof of all transactions. 

At the time of each Order, the Order summary is sent by email to the Customer and archived on the supplier's website. 

Communications between the Supplier and the Customer shall be archived on computerized records which shall be kept for a period of 5 years under reasonable security conditions. These registers, on which are recorded the exchanges on a reliable and durable support, are considered as proof of the communications, orders, payments and transactions occurred between the Customer and the supplier. They may be produced as proof of the Contract. 

The archiving of communications, orders, order details, as well as invoices is effected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

The Customer will have access to the archived elements upon request to the e-mail address listed under the heading "legal notices" or "contact" of the site.

 

Article 14 - NULLITY AND MODIFICATION OF THE GTC

If any of the stipulations of the present GTC are null and void, they will be deemed unwritten, but will not lead to the nullity of all the contractual provisions.

Any tolerance on the part of the supplier, in the application of all or part of the commitments made within the framework of the present GTC, whatever the frequency and duration, shall not be considered as a modification of the GTC, nor shall it generate any right for the Customer. 

 

Article 15 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GTC are subject to French law. 

In case of any difficulty, the Customer Service is at your disposal to find an amicable solution.