ANNICK GOUTAL, has chosen Mixcommerce to create and manage the official e-commerce website offering most of its Products for sale (hereinafter "the Products") to private customers. This site can be accessed by Internet at the following address:
MixCommerce (hereinafter "The Annick Goutal e-boutique"), a Société Anonyme with a share capital of EUR 2 148 025,60, the registered office of which is located at 120, Avenue Charles de Gaulle, 92200 Neuilly sur Seine, France (Nanterre Companies Register №: 490 301 447), inter-Community VAT № FR 39 490 301 447, is specialized in managed e-commerce and offers assistance in all areas of online sales of Products and Services. The Annick Goutal e-boutique personal datas have been declared to the CNIL under the registration number 1433105. These General Conditions (hereinafter the "General Conditions of Sale") apply without restrictions to sales of Products made by the Annick Goutal e-boutique through the website www.annickgoutal.com.
Article 1 - Scope - Acceptance by the Customer
The General Conditions of Sale give details of the conditions for orders, payment, delivery and any returns of Products ordered by Customers acting in a non-professional capacity (hereinafter referred to as the "Customer") through the website www.annickgoutal.com.
The General Conditions of Sale are accessible at any time on the website www.annickgoutal.com.
The Customer declares that they have familiarized themselves with the General Conditions of Sale and have accepted them by ticking the box "I accept the General Conditions of Sale" before initiating the procedure for an online order. These General Conditions of Sale may be subject to amendments at a later date. The version applicable to the Customer's purchase shall be the version in force on the website at the date when the order is placed.
Article 2 - Product orders
Any order placed on the website www.annickgoutal.com constitutes a contract concluded remotely between the Customer and the Annick Goutal e-boutique, and necessarily implies irrevocable acceptance by the Customer, without restrictions or reserves, of the General Conditions of Sale.
The website www.annickgoutal.com presents the features of Products offered for sale to allow the Customer to be informed about the Products that they wish to buy before placing an order. In particular, the website www.annickgoutal.com describes the specifications, illustrations and indications of Products' dimensions or capacity. The choice and purchase of a Product is placed under the sole responsibility of the Customer.
Photographs and graphics presented on the website www.annickgoutal.com have the purpose of illustrating the Products offered for sale and are non-contractual. Customers are invited to consult the description for each Product to obtain information concerning their properties and specific nature, particularly with regard to the features and size that are required.
Product offers shall be construed as within the limits of available stocks. Indications concerning the availability of Products are provided when the order is placed.
The sale shall only be considered as definitive after the sending by the Annick Goutal e-boutique to the Customer of confirmation of acceptance of the order by email and after the full amount of the price has been received and cashed by Annick Goutal e-boutique.
Customers may track their orders on the website www.annickgoutal.com and contact the Customer Service Department for the website www.annickgoutal.com on 00 33 1 55 90 53 53 (charged at a local rate for users calling from France)
Article 3 - Price and Terms of Payment
Prices are indicated in Euros on the website www.annickgoutal.com and include all taxes including VAT at the rate applicable on the day of order).
These prices include any reductions granted by the Annick Goutal e-boutique.
Prices always exclude delivery charges. The Customer will be informed of the amount of delivery charges when placing the order.
Products for sale are invoiced on the basis of the prices in force when the order is confirmed by the Customer.
The price indicated when the order is placed and in the order confirmation from the Annick Goutal e-boutique is the definitive price. Product offers shall be valid as long as they are visible on the website, within the limits of available stocks. The Annick Goutal e-boutique reserves the right to amend prices at any time.
When ordering, Customers are invited to ensure that the price of Products to which they are referring corresponds to the price appearing on the updated page of the website www.annickgoutal.com and not on an outdated page to which they might have had access by an Internet search in 'cache' mode.
Data communicated by the Customer and saved by the website www.annickgoutal.com when the order is placed constitutes the proof of transactions between the Annick Goutal e-boutique and the Customer. After validation of the order by the Customer, the Annick Goutal eboutique will send a confirmation email to the Customer to notify the Customer that the order has been recorded.
The price of Products purchased is to be paid cash in full on the day that the order is placed by the Customer. The Annick Goutal e-boutique shall not be bound to carry out delivery of Products ordered by the Customer if the price has not previously been paid in full. Ownership of Products is only transferred to the Customer after full payment of the price by the latter.
Transfer of risks of loss and deterioration of the Products will be made when the Products are delivered and accepted by the Customer.
Delivery charges are indicated on the website www.annickgoutal.com and are inclusive of all accessories charges. These charges are to be paid by the Customer and will be billed in addition to the sale price of the Products. Customers will be informed about delivery charges relating to their order before the order is definitively recorded, and the Customer will be requested to pay the full amount of the purchase.
Article 4 - Delivery
Products purchased by the Customer will be delivered within a maximum of thirty days from the day of order to the address indicated by the Customer when the order was placed on the website www.annickgoutal.com. If this period is exceeded and is not justified by a case of force majeure, the Customer may request termination of the sale under the conditions described in Article L. 114-1 of the Consumer Code and obtain a refund of the sums paid at the date of sale. Excepting specific cases or the unavailability of one or several Products, Products ordered will be delivered in a single consignment. Deliveries will be made by an independent carrier.
Customers are bound to check the condition of Products delivered. Customers have a period of 2 months as from delivery to lodge, by recorded delivery letter sent to Annick Goutal - Mixcommerce - Customer Service - 120 Avenue Charles de GAULLE 92200 Neuilly sur Seine, France or by email to the following address: email@example.com, any reserves or claims for non-compliance or obvious defect of Products delivered, with all supporting documents related thereto. After this time and in the absence of having complied with these formalities, the Products will be considered as compliant and exempt from any obvious defect, and no claims will be accepted by the Annick Goutal e-boutique.
If a return is made following a delivery error, any non-compliant Product must be returned, together with the delivery note to Retour AGT - CROSSLOG Lognes 3 - 35 Boulevard de Courcerin - 77185 Lognes, France.
The non-compliant Product will be refunded within 30 days as from the item's return.
Article 5 - Right to retract
In accordance with the law, the Customer has a cooling-off period of 14 days as from the delivery of the Products to return them to the Annick Goutal e-boutique for a refund.
Customers may return Products purchased within the above-mentioned period, the date appearing on the delivery note acting as proof, subject to compliance with the following conditions:
- Products must be returned in their original condition and be complete, to allow for resale in new condition, accompanied by a return slip which was sent with the order and by the delivery note.
- Products must be returned to the following address: Retour AGT - CROSSLOG Lognes 3 - 35 Boulevard de Courcerin - 77185 Lognes, France. The Annick Goutal e-boutique recommends that its Customers choose a tracking option for the parcel in order to avoid any inconvenience in the event of loss or theft of the Products during return transport.
- Sums paid by the Customer, including delivery charges, will be fully refunded, by bank transfer to the account indicated for this purpose by the Customer, or by bank cheque within a maximum of 30 days from the exercising of the right to retract. Charges for the return will be paid solely by the Customer.
- Customers may, if they so wish, where proposed by the Annick Goutal e-boutique, opt for another means of refund, in the form of credit notes or vouchers in particular.
- In the event of partial return of Products, postage costs will not be refunded by the Annick Goutal e-boutique since the customer has benefited from the delivery service for the items that have been kept, as delivery charges do not change according to the volume that has been ordered.
- In the event of partial return or non-return of Products which were covered by an overall promotional offer including one or several gifts, the gifts granted by the Annick Goutal e-boutique related to the purchase of one or several Products must be returned to the Annick Goutal e-boutique. If a customer keeps the Product(s) which were included in the overall promotional offer, they will be billed to the Customer on the basis of their initial price. An additional invoice will be printed in this regard within 15 days from the partial return of Products and can be accessed in the area "my account".
- In the event of partial return of Products which were subject to an overall promotional offer including reductions, Products kept by the Customer will be billed on the basis of their initial price, without application of the promotion. An additional invoice will be printed in this regard within 15 days from the partial return of Products and can be accessed in the area "my account".
- If Products are returned outside the period stated above, Customers will not be refunded and will be informed that the Products will remain at their disposal at the warehouse for the period of 1 month. Upon request from the Customer, Products may also be re-dispatched to them.
Article 6 - Data protection
Customers are hereby informed that information relating to their orders is subject to automated data processing.
In application of Act 78-17 of 6 January 1978, you are reminded that personal data requested from the Customer is required to process orders and is destined for internal use by the Annick Goutal e-boutique. This personal data may nevertheless be sent to third parties, partners of the Annick Goutal e-boutique and in particular to Annick Goutal. Under the conditions laid down by the law and the regulations in force, and since this information concerns them, customers have a right of access, modification and correction in their "my account" area of the website. They also have a right to oppose by contacting the Customer Service Department by telephone on 00 33 1 55 90 53 53 or by email sent to firstname.lastname@example.org.
This automated data processing has the purpose of defining a level of analysis of transactions and combating bank card fraud. The Annick Goutal e-boutique may request that customers provide supporting documents (identity card in the name of the bearer of the card, proof of address, etc.). If a customer refuses to send these documents or this information, the Annick Goutal e-boutique will cancel the order and refund the Product.
Non-payment due to fraudulent use of a bank card and irregular or false declarations made by the Customer shall lead to the details related to the order associated with the non-payment being listed on a payment irregularities file managed by the Annick Goutal e-boutique.
Article 7 - Applicable law - Litigation
This contract is subject to French law.
Any dispute to which this contract could give rise, concerning its validity, interpretation, execution, termination, the consequences and subsequent related issues will be submitted to the Courts having jurisdiction under the conditions of common law.
Article 8 - Intellectual property
All items on the website www.annickgoutal.com operated by Annick Goutal e-boutique are and shall remain the exclusive intellectual property of the Annick Goutal e-boutique or its supplier.
Under no circumstances shall Customers or any other persons be authorized to reproduce, exploit, redistribute or use in any way whatsoever, even partially, items from the website described hereinabove.
Company names, brands and distinctive signs concerning Products on the website www.annickgoutal.com are protected under brand law - the reproduction or representation of all or part of these items is strictly prohibited.
Date upon which these General Conditions of Sale were updated: 17 November 2009