These general terms and conditions of sale are concluded between: The company Axel Chay, a limited liability company with a capital of €1,000, whose registered office is located at 3 boulevard Henri Michel 13016 MARSEILLE, France - Email: [email protected]
Hereinafter referred to as "the Company" ON THE ONE HAND,
and:
Anyone wishing to make a purchase via the Seller's website, at
Hereinafter referred to as "The Customer" or "The Buyer" ON THE OTHER HAND.
1. PURPOSE
The purpose of these T&Cs is to define the contractual relationship between the Seller and the Customer, and the terms and conditions applicable to any purchase made through the Seller's merchant site https://axelchay.com/, hereinafter referred to as "the Site".
By these General Terms and Conditions of Sale, the Client is prohibited from making any purchase for resale, within the meaning of Article L 110-1 of the French Commercial Code.
The Client must be at least 18 years old and have the legal capacity or parental authorisation to place an order on the Website.
The acquisition of a product through the Site implies the Customer's full and complete acceptance of these General Terms and Conditions of Sale. These will take precedence over any other general or specific terms and conditions of the Client.
The Company reserves the right to modify these General Terms and Conditions of Sale at any time. It is, however, agreed that the Terms and Conditions applicable to the Client will be those in force on the date of their order on the Website.
These T&Cs are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.
2. SITE
2.1. The site Axelchay.com (hereinafter the "Site") is an e-commerce site accessible via the Internet at the following address: https://axelchay.com/ and is open to any user of this network. It is published and distributed by the SARL La société Axel Chay, a limited liability company with a capital of 1,000 euros, whose registered office is located at 3 boulevard Henri Michel, 13016 MARSEILLE, France, registered with the Marseille Trade and Companies Register under the number "Marseille B 915208938".
2.2. The online sales platform offers for sale a variety of design objects and accessories (hereinafter the "Product(s)") to Internet users browsing the Site (hereinafter the "User(s)"). For the purposes of these Terms and Conditions, it is agreed that the User and Axel Chay will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User who has validated an order will then be referred to as the "Buyer". The rights and obligations of the User necessarily apply to the Buyer.
2.3. Axel Chay reminds you that the items offered for sale are exclusively dedicated to the personal use of the Buyer and this, without any direct relationship with the latter's professional activity. Axel Chay reserves the right to refuse the execution of the order.
2.4. Axel Chay reminds you that the items offered for sale are exclusively dedicated to the personal use of the Buyer and this, without any direct relationship with the latter's professional activity. Axel Chay reserves the right to refuse the execution of the order.
2.5. Any order for a Product offered on the Site implies the consultation and express acceptance of the General Terms and Conditions of Sale by ticking the box provided for this purpose before any order. As a reminder, in accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, adopted for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, Axel Chay specifies that the validation of the purchase order as specified in Article 5.3 below, constitutes an electronic signature that has, as between the Parties, the same value as a handwritten signature.
2.6. The purpose of the General Terms and Conditions of Sale is to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
3. PRODUCTS
A. Description of the Products
3.1. The Products offered by Axel Chay are those that appear on the Site on the day of its consultation by the User and within the limit of available stocks.
3.2. The products are described and presented as accurately as possible. Photographs illustrating, in support of the text, the products do not fall within the contractual scope. As such, if Axel Chay tries to represent as faithfully as possible the items offered for sale whose photos are displayed on the Site, color variations may occur; in particular because of the technical limitations of the color rendering of computer equipment.
B. Product Availability
3.3. Axel Chay undertakes to honour orders received only within the limit of available stocks. In the absence of the availability of one or more Product(s), Axel Chay undertakes to inform the User as soon as possible. Axel Chay does not incur any liability in the event of stock shortages or unavailability of the Products.
3.4. The unavailability of the Product may be notified to the User:
• When entering their order, they will be informed that the desired product is temporarily unavailable
or
• after the validation of the order by means of an e-mail sent to the Buyer by Axel Chay.
3.5. In the event that payment has already been made, Axel Chay undertakes to contact the payment services and bank to subtract the price(s) of the unavailable Product(s) from the amount debited from the Buyer's bank account.
C. Retention of title
3.6. The Products ordered remain the property of Axel Chay until the price has been fully collected.
4. PRIZES
4.1. The prices indicated by the Seller at the time of the order are denominated in Euros including VAT, according to VAT at the rate in force on the day of the order. Any change in the rate will be reflected without delay in the price of the products offered.
4.2. The price invoiced to the Buyer is the price indicated on the order confirmation sent by email by Axel Chay.
4.3. Axel Chay reserves the right to modify its prices at any time and without notice. The Products will be invoiced on the basis of the prices in force at the time of registration of the order, subject to the availability of the Products. The price in force is the one indicated on the Site, except for typographical errors for which Axel Chay would not be responsible.
4.4. The price is payable in full and in a single payment at the validation of the order.
4.5. Any unpaid invoices will result in a flat rate of 25 euros per payment incident. The data recorded by the Site constitutes proof of the transactions between Axel Chay and the Buyer. The data recorded by the payment system is proof of financial transactions. The sale becomes final after acceptance of the transaction of the secure services.
THE OBJECTS REMAIN THE SOLE PROPERTY OF AXEL CHAY UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPTS.
5. PAYMENT
5.1. It is specified that any payment on the site can be made for France by credit card. Payment for purchases on the Site can be made from France or abroad in complete security, 24 hours a day, 7 days a week, by credit card belonging to the following networks: Carte bleue, Visa, Mastercard and Apple Pay.
5.2. The user will enter their card number, the expiry date of the card, the name of the cardholder and the security code on the back of the bank card.
5.3. Axel Chay reserves the right to refuse to honour any order of any User with whom it is in dispute, of any nature whatsoever.
5.4. The company Axel Chay uses the secure payment service of the online bank. The integrity of the data exchanged between the Buyer and the secure platform is protected against hacking attempts. Confidential data is transmitted directly encrypted on the bank's server, without ever passing through the servers of the Axel Chay company.
5.5. The payment is based on the encrypted SSL (Secure Socket Layer) exchange protocol and provides all the necessary insurance for Internet transactions.
5.6. Axel Chay reserves the right to cancel any order that presents a risk of fraudulent use of a credit card.
6. ORDER
A. Browsing the Site
6.1. The User may browse the Site freely, without being committed to an order.
B. Registering an order
6.2. To place an order, the User must click on the "Add to cart" button. Each new addition to his Cart will be indicated to him by the appearance of a specific screen.
At any time before the validation of their order, the User may:
• obtain a summary of the Products they have selected and modify their order, by clicking on the "Shopping Cart" link;
• complete their selection of Products and validate the purchase by clicking on "Finalize my order" and will validate the purchase process offered to them.
6.3. The User must identify himself by filling in the form for this purpose on which he will include the information necessary for his identification: his first name, last name, email address, password, delivery address and billing address.
6.4. The User is informed and accepts that the entry of his username is equivalent to proof of his identity and manifests his consent.
C. Final validation of an order
6.5. Final validation of an order
6.6. The User will then be invited to pay for his order by entering his bank details.
D. Confirmation of an order
6.7. When the Buyer validates the payment of his order, a summary is displayed with the transaction number. This summary is also sent by an order confirmation email.
6.8. A shipping confirmation email is sent to the Buyer on the day the Products are shipped, containing the tracking link for the package provided by the service provider in charge of the delivery.
6.9. Pursuant to Article L. 134-2 of the French Consumer Code, when an order is for an amount equal to or greater than 500 euros, Axel Chay keeps the written record of the contract concluded between Axel Chay and the Buyer electronically for a period running from the conclusion of the contract until the date of delivery of the product and for a period of ten years from this date (in accordance with the date of delivery of the product). with Decree 2005-137 of 16 February 2005).
7. DELIVERY
A. Delivery methods and deadlines
7.1. The Products ordered are, at the Buyer's option, delivered to any address anywhere in the world. Deliveries are made to the address indicated by the Client for this purpose.
7.2. Orders are routed at the Buyer's choice via DHL, UPS or independent delivery in the case of bulky items.
7.3. The Buyer will be able to check the tracking of his order on the Internet for transport made via DHL or UPS. In the case of shipments by independent delivery company, Axel Chay will inform the Buyer by email of the departure of the package and will define with the Buyer a delivery day. Axel Chay undertakes to make its best efforts to ensure that the order is executed within the announced deadlines at the latest from the day following that of the validation of the order, except in cases of force majeure referred to in Article 9.
7.4. The Products ordered by the Buyer will be delivered to the address indicated by the latter on the order form or deposited at the Post Office responsible for the delivery address mentioned by the Buyer, in the event of the absence of the recipient of the Products. In the latter case, the postman will leave a notice in the mailbox of the said recipient allowing the parcel to be collected during the working hours of the Post Office, within fifteen (15) days.
7.5. The shipping address must not be a PO Box. The information provided by the Buyer when placing the order is binding. In the event of an error in the wording of the recipient's contact details, Axel Chay cannot be held responsible for the impossibility of delivering the Product.
7.6. Shipping prices are calculated according to the weight of the package and the place of destination, according to the scales in force by the postal services. For any delivery outside metropolitan France, shipping costs are due regardless of the amount of the order. Any reshipment due to an incorrect delivery address or non-collection from the Postal Services will give rise to the payment of additional costs, after acceptance by the Buyer. In the event of Buyer's refusal to pay such additional reshipment costs, the order will be cancelled and the price of the order will be refunded to Buyer's account less any shipping costs incurred. For shipments to a third country including the French overseas departments: "the customer will bear the local taxation of the country of consumption."
B. Delivery issues
7.7. Delivery Times are available on the Site and may vary depending on the availability of the products that have been the subject of the Order. Delivery Times are in working days and correspond to the average time it takes to prepare and deliver the Order in the Territory. The Company undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines specified above. However, these deadlines are communicated for information purposes only and any exceeding may not give rise to any damages, withholding or cancellation of the order by the Buyer. However, if the products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Buyer or the Seller. The sums paid by the Buyer will then be returned to the Buyer without delay, excluding any compensation or withholding. The Client is solely responsible for the non-performance or poor performance of the contract due to a lack of indication at the time of the Order (incorrect or incomplete address, error on the name, etc.).
7.8. The Customer is required to check the condition of the packaging as well as the Items at the time of Delivery. It is the responsibility of the Customer to express any reservations and complaints that he or she deems necessary, or even to refuse the package, when the package is clearly damaged upon Delivery. Such reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of Delivery of the Goods. The Client must also send a copy of this letter to the Seller. Failure to file a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. The Client must ensure that the items offered for sale that have been delivered to him correspond to the Order. In the event of non-compliance of the Products in kind or quality with the specifications mentioned in the Delivery Note, the Client must inform the Seller by e-mail and return the items offered for sale to the address indicated; the return label will be provided by the Seller.
C. Limitation of Liability
7.9. The Products offered comply with the French legislation in force. The Axel Chay company cannot be held liable in the event of non-compliance with the legislation of the country where the items offered for sale are delivered. It is the responsibility of the Buyer to check with the local authorities the possibilities of importing or using the Products that are ordered.
7.10. The only guarantee granted: The Company delivers Products in perfect condition when handed over to the carrier. In accordance with Article L 217-4 of the Consumer Code, the Seller is liable for any lack of conformity existing at the time of delivery.
8. PRODUCT RETURN AND RIGHT OF WITHDRAWAL
8.1. The Buyer does not have a right of withdrawal. For any dissatisfactions write to the following email address: [email protected]. The seller undertakes to respond as soon as possible to questions or dissatisfactions on a case-by-case basis.
9. DATA PROTECTION
Within the framework of these T&Cs, the Seller is required to process the Customer's personal data.
The data is processed for the following purposes:
• Management and administration of the order,
• Preparation and shipment of products,
• Claims management.
The Client's personal data is processed, for all the purposes indicated above, on the basis of the performance of the contract or the pre-contractual measures between the Seller and the Client. By accepting these T&Cs, the Client agrees that the personal data collected will be transferred to the Seller's partners only for the purposes set out above. It has been verified beforehand that the Seller's service providers comply with the obligations imposed by the I&L Regulations. Also, all appropriate precautions and guarantees have been taken by the Seller to ensure an adequate level of protection with the European standards in force.
The Seller's service providers are:
•UPS ;
•DHL ;
•BANK ;
• MATOMO ;
Personal data is stored until the purposes for which it was collected has been fulfilled. Once these purposes have been achieved, the Client's personal data is deleted, unless the Seller is required to retain it.
In accordance with the I&L Regulations, the Client has the following rights over his personal data:
• Right of access, which authorises the obtaining of information concerning the Client's personal data and a copy thereof;
• Right to rectification, which authorises the Client's personal data to be amended accordingly when the Client's personal data is inaccurate;
• Right to erasure (right to be forgotten), which authorises the deletion or deletion of the Client's personal data;
• Right to erasure (right to be forgotten), which authorises the deletion or deletion of the Client's personal data;
• Right to Restriction of Processing, which authorises the Client to request the limitation of the Processing that the Seller carries out on the personal data concerning him/her;
• Right to portability (ability to retrieve data on request), which allows the Client to obtain an electronic copy or transfer of personal data concerning him or her from the Seller's database to another;
• Right to portability (ability to retrieve data on request), which allows the Client to obtain an electronic copy or transfer of personal data concerning him or her from the Seller's database to another; To exercise their rights, the Client must send their request via email to this address: [email protected] or send a registered letter with acknowledgement of receipt, attaching a copy of an identity document, to: AXEL CHAY SERVICE DATA, 3 boulevard Henri Michel, 13016 MARSEILLE, France. The Company undertakes to respond to the request of the person concerned within a maximum period of one month after its receipt. If the said right invoked by the Client cannot be exercised, the Seller will inform the Client of the reasons within a maximum period of one month. Subject to a breach of the above provisions, the Client has the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL), the French supervisory authority for personal data.
10. LIABILITY – FORCE MAJEURE
10.1. Axel Chay has a simple obligation of means for all stages of access and ordering on the Site (order process, delivery, customer service, etc.).
10.2. Axel Chay cannot be held liable for any inconvenience or damage inherent in the use of the Internet, a break in service, an external intrusion or the presence of computer viruses or any event qualified as force majeure, in accordance with case law, including in particular a strike by the postal services, the shortage of raw materials, the destruction or total loss of the stock as well as any other exceptional event.
11. INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, are reserved under copyright as well as intellectual and artistic property and for the whole world. Any total or partial reproduction of the Site is strictly forbidden without prior agreement. Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author. Similarly, any process, in particular the framing or deep-linking technique, is formally prohibited, unless expressly authorised, special and written by the Seller.
The name "AXEL CHAY" has been registered with the INPI (trademark no. 4908826). Consequently, any reproduction of this trademark by the Client, not authorised by the Seller, constitutes an act of infringement liable to criminal and civil proceedings.
The Client therefore refrains from infringing the "AXEL CHAY" trademark. It is strictly forbidden to use or reproduce the name of "AXEL CHAY", for any reason whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.
12. COMMERCIAL OFFERS AND NEWSLETTERS
Axel Chay may send Customers commercial offers by post, email, text message, telephone or via all the web spaces run by Axel Chay or any of its subsidiaries on social networks, subject to prior acceptance.
13. CONTACTS
By mail to:
The company Axel Chay 3 boulevard Henri Michel, 13016 MARSEILLE, France. Please note that no returns will be accepted at this address.
By email to:
14. PARTIAL INVALIDITY
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
15. ENTIRE AGREEMENT
15.1. These T&Cs and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
15.2. In the event of any contradiction between these documents, the General Terms and Conditions of Sale shall prevail.
16. APPLICABLE LAW – COMPETENT COURTS
These T&Cs and the contractual relations between the Parties are subject to French law.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Axel Chay is a member of the Consumer Mediator Service FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: Consumer Mediator FEVAD - BP 20015 - 75362 PARIS CEDEX 8. After prior written steps by consumers vis-à-vis Axel Chay, the Mediator's Service may be referred to any consumer dispute that has not been settled.