In force as of DD/MM/YYYY
Summary
Article 1 – Scope of application
These General Conditions of Sale (known as “CGV”) apply without restriction or reservation to all sales concluded by the Seller to buyers (“Customers or the Customer”), wishing to acquire the products offered for sale. sale (“The Products”) by the Seller on the site https://lavieexotique.fr.
The Products offered for sale on the site are as follows: Honeys, Condiments, Spices, Incenses, Perfumes, Syrups and Hydrosols, Dried Fruits and Dates, Jams, Confectioneries, Soaps, Chocolates, Teas, Nut Butters.
The main characteristics of the Products and in particular the specifications, illustrations and indication of dimension or capacity of the Products, are presented on the site https://lavieexotique.fr which the Customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibilities of the Customer
Product offers are within the limits of available stocks, as specified when placing the order.
These General Terms and Conditions are accessible at any time on the site https://lavieexotique.fr and will take precedence over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site https://lavieexotique.fr
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
– EXOTIC LIFE – 75012, SAS
Share capital of 1000 euros
Registration with the RCS of PARIS, under number 909 511 099
268 rue de Charenton, 75012 Paris, France
email: lavieexotique@gmail.com
Telephone: +33 1 44 97 47 86
The Products presented on the site https://lavieexotique.fr are offered for sale for the following territories: Metropolitan France and Europe.
In the case of orders to a country other than mainland France and Europe, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
Article 2 – Price
The Products are supplied at the current prices appearing on the site https://lavieexotique.fr, when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax and including tax. Prices are excluding VAT and VAT is calculated when entering the Customer's billing address.
The prices take into account any reductions that may be granted by the Seller on the site https://lavieexotique.fr.
These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices 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 payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
Article 3 – Orders
It is up to the Customer to select the Products he wishes to order on the site https://lavieexotique.fr, according to the following terms:
The Customer chooses a Product which he places in his basket, a Product which he can delete or modify before validating his order and accepting these general conditions of sale and confidentiality policy. They will then enter their contact details or log in to their space and choose the available delivery method*. Finally, the Customer will choose the payment method. He will have the choice between PayPal or paying by credit card via Stripe. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the customer's responsibility to verify the accuracy of the order and immediately report any errors.
Any order placed on the site https://lavieexotique.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The customer will be able to follow the progress of their order on the site.
If after placing the order, the product is no longer available, the seller will inform the Customer by email or telephone and we will agree on the choice: waiting for restocking, reimbursement in voucher, replacement with a product of equal value or refund via the payment method used
Article 4 – Payment conditions
The amount is paid by secure payment method, according to the following terms:
- Payment by PayPal
- Payment by credit card via Stripe
The amount is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site https://lavieexotique.fr .
Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
Article 5 – Deliveries
The Products ordered by the Customer will be delivered in mainland France and Europe.
Deliveries take place within 2 to 6 days to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above.
The risks are borne by the customer from the moment the products have left the premises of La Vie Exotique.
The products are delivered to the address indicated by the customer on the order form. The customer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the customer's expense. In the event of an error on his part in the wording of his contact details or the place of delivery, resulting in the loss of the products, the customer remains responsible for payment of said lost products.
If the package is indicated as delivered by post, on the tracking service, no recourse will be possible. You will need to contact the carrier's customer service because this data is not the responsibility of Mille Saveurs: 3631 for post and colissimo
Article 6 – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
Article 7 – Right of withdrawal
According to the terms of article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following canvassing by telephone or outside establishment without having to justify its decision or to bear costs other than those provided for in articles L221-23 to L221-25
“The period mentioned in the first paragraph runs from the day:
1- From the conclusion of the contract, for service provision contracts and those mentioned in article L221-4
2- Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the last good.
The right of withdrawal can be exercised using the attached withdrawal form (annex), unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated at ARTICLE 1 of the General Conditions of Sale
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products cannot be returned.
Return costs are the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days from receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
Article 8 – Responsibility of the Seller – Guarantees
The Products supplied by the Seller benefit from:
- of the legal guarantee of conformity, for defective, damaged or damaged Products or do not correspond to the order
- of the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them Unfit for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The 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.
Articles L217-5 of the Consumer Code
“The property complies with the contract:
1- If it is suitable for the use usually expected of a similar good and, where 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 presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2- Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article 1641 of the Civil Code
“The 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 He would have given only a lower price if he had known about them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code
“When the buyer requests from the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run? This period runs from the Buyer's request for intervention or the provision for repair of the good in question, if this provision is subsequent to the request for intervention. »
In order to assert these rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
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, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check.
The Seller cannot be held liable in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the liability of the Seller
The Seller's guarantee is in any case limited to the replacement or reimbursement of non-compliant Products or those affected by a defect.
Article 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purposes of delivery of the Products. These personal data are collected solely for the execution of the sales contract.
9.1 – Collection of personal data
The personal data collected on the site https://lavieexotique.fr are as follows:
Ordering Products:
When ordering Products by the Customer: First and last names, postal address, telephone number and email address
Payment :
As part of the payment for the Products offered on the site https://lavieexotique.fr . This records financial data relating to the Customer's/user's bank account or credit card.
9.2 – Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is(are): Transport providers
9.3 – Data controller
The data processing manager is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 – Limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 – Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
9.6 – Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 – Implementation of Customer and user rights
In accordance with the regulations applicable to personal data, Customers and users of the site https://lavieexotique.fr have the following rights:
- They can update or delete data that concerns them in the following ways:
By logging into your account, in the account configuration tab; By sending a request by email or email or phone call. - They can delete their account by writing to the email address indicated in article 9.3 “Controller. »
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data Controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”.
- They may also request the portability of data held by the Seller to another service provider.
- Finally, they can object to the processing of their data by the Seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by email or by email to the Data Controller indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must provide reasons.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenay, 75007 PARIS) or contact a judicial authority.
The Customer may ask to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
Article 10 – Intellectual property
The content of the site https://lavieexotique.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 11 – Applicable law – Language
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the text in French will be authentic in the event of a dispute.
Article 12 – Disputes
For any complaints, please contact customer service at the Seller's postal or email address indicated in Article 1 of these General Terms and Conditions.
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is:
{{Fevad : Fédération e-commerce et vente à distance}}
{{60 rue la Boétie Paris}}
{{http://www.mediateurfevad.fr/}}
{{email : contact@fevad.com}}
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform https://webgate.ec.europa.eu/odr/main/index.cfm?event-main.home.show
All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the Seller or by mediation, will be submitted to the competent courts within the common law conditions.
Annex
Withdrawal form
Date ………………………………..
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://lavieexotique.fr unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.
To the attention of LA VIE EXOTIC 75012
268 rue de Charenton, 75012 Paris, France
I hereby notify the withdrawal of the contract relating to the property below:
- Order from [date]
- Order number: ……………………………………
- Client name : ……………………………………………………
- Customer Address: ……………………………………………….
Signature of the Client (only in the event of notification of this form on paper)
