PREAMBLE
ANGE Eshop is an e-commerce sales site. The General Terms and Conditions of Sale presented here establish the rights and obligations incumbent upon the various parties involved in the online sale of products and services offered by ange-eshop.com. Members must have read and understood these Terms and Conditions and declare that they have accepted them in order to benefit from the ANGE Eshop offer.
ARTICLE 1 - DEFINITIONS
ARTICLE 2 - OBJECT
ARTICLE 3 - OFFER FOR SALE OF PRODUCTS
ARTICLE 4 - CUSTOMER ACCOUNT
ARTICLE 5 - PRODUCT ORDER
ARTICLE 6 - PRODUCT PRICES
ARTICLE 7 - PRODUCT DELIVERY
ARTICLE 8 - RECEPTION OF THE PRODUCTS/RIGHT OF WITHDRAWAL
ARTICLE 9 - PAYMENT OF THE PRICE
ARTICLE 10 - PAYMENT SECURITY
ARTICLE 11 - RESPONSIBILITY
ARTICLE 12 - LEGAL GUARANTEES
ARTICLE 13 - INTELLECTUAL PROPERTY
ARTICLE 14 - PERSONAL INFORMATION
ARTICLE 15 - NEWSLETTER/COOKIES
ARTICLE 16 - HYPERTEXT LINKS
ARTICLE 17 - FINAL PROVISIONS
ARTICLE 1 - DEFINITIONS
In the present General Conditions of Sale, the terms listed below have the following meanings:
"Catalog" means the collection of Products offered for sale by the ANGE brand. Any Product visible on the Site and notably photographed on a mannequin, is not necessarily part of the Catalogue, as well as any product that is part of the Catalogue, is not necessarily part of the products put online on ANGE Eshop. To be sure, it is advisable to click on the Product in question. Any reference to a Product sheet means that the Product is in its Category of sale. Otherwise, the Product must be considered as not being offered for sale. The Product sheet provides information on the nature of the Product, its name, its composition, the sizes and colors available, the precautions for use and maintenance, its price and its availability. It is accompanied by a photograph reproducing the Product as faithfully as possible.
"Customer" means any natural person of legal age acting as a consumer for purposes that do not fall within the scope of his or her professional or commercial activity and who has his or her usual place of residence in the proposed Offer Area. By becoming a member, the latter declares and guarantees that he/she has the legal capacity to contract, to commit himself/herself or to have the authorization of a person with parental authority, a tutor or a curator if he/she is a minor or incapable. Any purchase on the Site will be deemed to have been made by the Customer, and ANGE will not be held responsible for any act, consultation or transaction carried out by a minor under the responsibility or guardianship of parental authority.
"Member" means any person who has accepted the present General Terms and Conditions of Sale, who has registered on the ange-eshop.com website and wishes to enjoy the privileges of online sales offered by the brand.
"ANGE" means the company named DADIER, a one-person limited liability company with a capital of €486,850 whose registered office is at ANGE-DADIER 113, boulevard Sébastopol 75002 Paris, France, registered in the Paris Trade and Companies Register under No. B 482 113 982. ANGE is the seller of the Products.
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"Product" means any item selected by ANGE to constitute the Online Catalog offered by the brand, whether it comes from the "ANGE" clothing collections and/or the derivative product collections.
""Customer Service" means the department of ANGE from which the Customer may obtain additional information on the Products or file a claim. Its e-mail address is [email protected], which is accessible on the Site under the heading "Contact".
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"Returns Department" means the ANGE department or the service provider designated by ANGE, to which the Customer must return any Product in application of the articles below named. The contact details for this department are: ANGE Eshop Return Service - DADIER, 9 rue Joseph et Etienne Montgolfier - 93 110 Rosny sous bois.
"Site" means the interactive electronic service subject to French law, hosted by STEPONE (22, rue Palestro 75002 Paris), operated by ANGE on the Internet network accessible at the URL: https://www.ange-eshop.com.
"Offer Area" means all countries in the delivery area, except countries and territories enjoying a special relationship with one of the delivery area countries and which are neither part of the customs territory nor the VAT territory of the European Union.
"Referrer" means any person who has benefited from the sponsorship offer by a customer of the ANGE Eshop e-commerce site. The Referrer may offer the opportunity to one or more persons of his or her choice to benefit from his or her referral history. If ANGE is led to note serious irregularities by a Customer in the use of its sponsorship system, it may take any appropriate measure in order to stop these irregularities, including the exclusion of the latter.
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ARTICLE 2 - OBJECT
2.1 - These conditions govern, the remote sale by ANGE to the Customer of Products on Catalog, by electronic means from the Site.
2.2- They apply to the exclusion of all other conditions, in particular those in force for stores.
2.3- Any registration of an order implies full and unreserved adherence by the Customer to these terms of sale.
2.4- These conditions may be subject to change. The applicable conditions are then those in force on the Site at the date of the Customer's order. The Customer is invited to come and consult them regularly in order to be informed of possible modifications.
ARTICLE 3 - OFFER TO SELL PRODUCTS
3.1- Any Product sale offer is valid as long as the Product is in the Catalog and is available in stock.
3.2- ANGE Eshop reserves the right to cancel or refuse the sale of any Product for legitimate reasons and to inform the Customer by email after the Customer's order has been registered. The following constitute legitimate reasons: the unavailability of the Product, the abnormal demand of the Customer, the bad faith of the Customer, the existence of a dispute with the Customer concerning the payment of a previous order, any fraudulent payment or attempt at payment.
ARTICLE 4 - CUSTOMER ACCOUNT
4.1- Any order registration is subject to the creation of a Customer account.
4.2- The creation of a Customer account can be done, either during the ordering process when validating the shopping cart, or beforehand by clicking on "My account" which appears on all pages of the Site.
4.3- The Customer must identify himself by means of his e-mail address, which must be valid and added to a password. The Customer's own password must then be confirmed. These elements are confidential. The Customer is solely responsible for the consequences of the use of his account, until it is deactivated.
4.4- To continue registration, Customer must fill in his or her last name, first name, year of birth, usual residence mailing address, telephone number, and email address. An address of usual residence does not include a hotel or other resort address, a post office box, or a general delivery post office.
4.5- The Customer must provide the following information
4.5- Customer must provide true and accurate information and must update such information in the event of any change affecting it. Any changes must be made online and shall take effect on the first business day thereafter.
4.6- ANSWER
4.6- ANGE may automatically, without notice or compensation, deactivate a Customer's account in cases of non-compliance by the Customer with the General Terms and Conditions of Sale, non-payment by the Customer of sums due or actions contrary to the interests of the ANGE and/or DADIER company.
4.7- Any Customer, who wishes to deactivate his account, must notify ANGE by clicking on "Contact". ANGE undertakes to deactivate the account within a maximum of forty-eight hours from receipt of the request.
ARTICLE 5 - ORDERING PRODUCTS
5.1- The Customer may place an order online from the Catalog and the various related sections.
5.2- By clicking on "Add to cart", the Customer can place in a cart the Products of his choice. For each Product thus selected, he is invited to choose the color, the size and the quantity ordered. He is free, at any time, to view the contents of his basket and to delete one or more product(s) from his selection.
5.3- By clicking on "Save", the Customer validates the basket and is invited to log in to his/her account or to create a customer account on the ANGE website. The Customer is then invited to choose the delivery method. The country of delivery must be included in the Offer Area. Delivery charges are the responsibility of the Customer.
5.4- The Customer validates the accuracy of his Customer account data and in particular his delivery and billing details and is then invited to make the payment "Validate and Pay".
5.5- By clicking on "Validate and Pay", the Customer acknowledges having read the General Terms and Conditions of Sale, accepts them without reservation and validates the payment. The Customer may waive the order until the payment is validated. As part of the payment validation phase, the Customer is asked to choose among the various payment methods offered by ANGE Eshop.
5.6- Upon validation of the payment, the order is recorded. Any registered order implies acceptance of the price and description of the Product on Catalog. The Customer instantly receives a message informing him that his order has been registered. The registration does not mean acceptance. The registration means that the order is being examined by the Customer Service. At the end of this examination, the Customer receives an email informing him/her either that his/her order is accepted and is being processed, or that it cannot be taken into account for an explicitly expressed legitimate reason.
5.7- The contractual information is presented in French and English languages. In case of dispute, only the French language is authentic.
The French language is the only one that is valid.
Unless there is proof to the contrary, the data recorded by ANGE constitutes proof of all transactions made by ANGE and the Customer. Any dispute shall only arise within the framework of the guarantees.
The transaction history of ANGE's transactions is recorded on the website.
The history of transactions between ANGE and the Customer may be consulted at any time on the Site under the heading "My account".
ARTICLE 6 - PRODUCT PRICES
6.1- The price of each Product is indicated in euros including all taxes (value added tax and other possible taxes applicable at the date of the order), excluding delivery costs, which are informed separately.
6.2- The Seller reserves the right to modify the price of each Product at any time. The applicable pricing conditions are then those in effect on the Site at the date of the Customer's order.
ARTICLE 7 - DELIVERY OF PRODUCTS
7.1- Any Product purchased on the Site is deliverable only in the Offer Area. Any Product is delivered to the postal delivery address provided by the Customer when placing the order.
7.2- The delivery time for a Product, as informed on the Site when the order is accepted, is a usual average time and corresponds to the preparation time of the order, to which is added the delivery time by the carrier according to the mode of transport chosen by the Customer. This time is only indicative and assumes that the order was placed from Monday to Friday before 1:00 pm Paris time, excluding holidays or non-working days. Its starting point is the day following that of the acceptance of the order by the ANGE customer service department.
7.3- When the order includes Products, which have different preparation times, the delivery time of the order is based on the longest preparation time. In this case, ANGE reserves the right to split the delivery. From then on, the Customer's contribution to the delivery costs will only be invoiced for one delivery.
7.4- Notwithstanding Articles 7.2 and 7.3, the imperative delivery period for any Product, whether its unit price is greater than or equal to €500 inclusive of all taxes, is thirty days from the day following that of acceptance of the order by ANGE.
7.5- ANGE cannot be held responsible for delays in delivery that are attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
7.6- All Customers are invited to regularly consult their "Order Tracking" and to contact, as necessary, Customer Service by clicking on "Contact".
ARTICLE 8 - RECEPTION OF PRODUCTS / RIGHT OF WITHDRAWAL
8.1- The Customer takes all necessary measures to receive the Product in the best possible conditions.
8.2- The Customer has a period of 2 clear days, from the receipt of the Product, to notify the Customer Service of any reservations (damaged package, open package, missing Product, damaged or soiled Product, etc.).
8.3- The Customer has a period of fourteen clear days, from receipt of the Product, to exercise his right of withdrawal. In the event of a claim, the shipping costs are reimbursed to the Customer within the limit of the amount corresponding to the cheapest standard shipping method offered for delivery, the return costs are at the Customer's expense and only the price of the Product subject to the retraction are reimbursed, the minimum return costs as well as the delivery costs incurred to receive the order are refundable as part of a claim.
8.4- The Customer has the right to exercise his right of retraction.
8.4- The Customer has the possibility to exercise his right of withdrawal by going under the heading "Return" located in the "My Account" space. He must then select the Product he wishes to return by clicking on "Return this item" and then filling in the mandatory fields. After validation, the Customer instantly receives an email informing him that his retraction has been registered, specifying the reference of the returned item, the price of this item, the selected method of compensation as well as the return address.
8.5- The price of any Product that has been the subject of a retraction will only be refunded to the Customer if the Product is returned to the Returns Department within the fourteen clear days following the Customer's communication of its decision to retract, in its original condition (i.e., compliant and in good condition), complete (i.e., with its packaging and, if applicable, its accessories) and accompanied by a copy of the e-mail recording the retraction. The price of any Product returned by the Customer out of time, damaged, soiled or incomplete is not refunded and is retained by ANGE as a penalty.
8.6- The refund of any Product that has been the subject of a retraction and returned, according to the terms set out in Articles 8.3 to 8.5, shall be made no later than fourteen days following the date on which it received the Customer's declaration of retraction, bearing in mind that ANGE may defer the refund until the Product is actually recovered.
8.7- Refunds are made by crediting the Customer's bank account with the payment card used at the time of purchase, or by RIB when the bank account does not allow credit. The Customer can exercise this choice by filling in the comment fields mentioned in article 8.4.
8.8- No COD shipments will be accepted regardless of the reason.
8.9- The credit note thus constituted is available within a period of twelve months from its date of issue and available on the site. It corresponds to a credit note gathering the information related to its reimbursement: reference of the returned item, price of this item, selected method of compensation. It is possible for any Customer to consult the list of his credit notes by going to the heading "Credit notes" located in the "My account" space. Each credit is identified by a number. It is personal and non-transferable.
8.5- Le prix de tout Produit ayant fait l'objet d'une rétractation ne sera remboursé au Client que si le Produit est retourné au Service des retours dans les quatorze jours francs suivant la communication par le Client de sa décision de se rétracter, dans son état d'origine (c'est-à-dire conforme et en bon état), complet (c'est-à-dire avec son emballage et, le cas échéant, ses accessoires) et accompagné d'une copie du courrier électronique constatant la rétractation. Le prix de tout Produit retourné par le Client hors délai, endommagé, sali ou incomplet n'est pas remboursé et est conservé par ANGE à titre de pénalité.
8.6- Le remboursement de tout Produit ayant fait l'objet d'une rétractation et retourné, selon les modalités prévues aux articles 8.3 à 8.5, est effectué au plus tard dans les quatorze jours suivant la date de réception de la déclaration de rétractation du Client, sachant qu'ANGE peut différer le remboursement jusqu'à la récupération effective du Produit.
8.7- Les remboursements sont effectués par crédit sur le compte bancaire du Client avec la carte de paiement utilisée lors de l'achat, ou par RIB lorsque le compte bancaire ne permet pas le crédit. Le Client peut exercer ce choix en remplissant les champs de commentaires mentionnés à l'article 8.4.
8.8- Aucun envoi en contre-remboursement ne sera accepté quel qu'en soit le motif.
Il n'y a pas d'envoi en contre-remboursement.
8.9- L'avoir ainsi constitué est disponible dans un délai de douze mois à compter de sa date d'émission et disponible sur le site. Il correspond à un avoir regroupant les informations liées à son remboursement : référence de l'article retourné, prix de cet article, mode de compensation choisi. Il est possible pour tout Client de consulter la liste de ses avoirs en se rendant dans la rubrique " Avoirs " située dans l'espace " Mon compte ". Chaque avoir est identifié par un numéro. Il est personnel et incessible.
10.2- Information related to a Customer's order is subject to processing by the customer service department. The purpose of this processing is to define a level of analysis of a transaction and to fight against credit card fraud. ANGE is the sole recipient of this data. If the Customer does not wish to provide ANGE with the requested information, he/she is invited to contact customer service in order to proceed with the payment of the order by bank transfer. The non-transmission of the data prevents the completion and analysis of the transaction.
ARTICLE 11 - LIABILITY
11.1- All Products comply with current French legislation and standards applicable in France. ANGE cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is the Customer's responsibility to check with the competent local authorities in the country of delivery for the right to import or use the Product he/she is considering ordering online from the Site.
11.2- Any photograph of the Product is provided for illustrative purposes. The Customer is invited to refer to the description of each Product in the Catalog to know its essential characteristics and, in case of doubt or need for additional information, contact ANGE Customer Service. ANGE is only responsible for the content of the pages it publishes on the Site. In the event of an obvious error between the characteristics of the Product and its representation, ANGE shall not be held liable.
11.3- Insofar as any Customer acts as a consumer for purposes that do not fall within the scope of his or her professional or commercial activity, ANGE shall not incur any liability for any indirect damage as a result of the present, operating loss, loss of profit, loss of opportunity, damage or expenses, which may arise as a result of the purchase of the Products.
11.4- ANGE cannot be held responsible for elements beyond its control and for damage that may eventually be suffered by the technical environment of any user of the Site and in particular computers, software, network equipment (modems, telephones, etc.) and any equipment used to access or use the Site.
ARTICLE 12 - LEGAL WARRANTIES
12.1- For any Product sold, ANGE is bound, vis-à-vis the Customer, by the legal guarantee of conformity prescribed by Articles L.211-4 to L.211-14 of the Consumer Code and the legal guarantee of hidden defects referred to in Articles 1641 to 1648 of the Civil Code. These legal provisions are available on the website http://www.legifrance.gouv.fr
12.2- In the event of a lack of conformity and if identical replacement is impossible (size, color or reference sold out), the Customer may either return the Product and be reimbursed for the price (including delivery costs), or accept the proposal made by ANGE of a Product of equivalent quality and price.
12.3- In the event of a hidden defect as defined by law, ANGE undertakes, at the Customer's option, to replace or refund the Product thus affected, provided that the said defect has been reported to Customer Services within 14 days, following the date on which the Customer should reasonably have discovered it.
12.4- For any claim made pursuant to Article 12, the Customer must go to the "Returns" section located in the "My Account" area. He must then select the Product he wishes to return by clicking on "Return this item" and then filling in the mandatory fields including the one relating to the nature of the non-compliance or defect. After validation, the Customer will instantly receive an email informing him/her that his/her claim has been registered, specifying the reference of the returned item, the price of this item, the selected method of compensation as well as the return address.
The registration of the claim does not constitute an acknowledgement of responsibility by ANGE. Any Product that is the subject of a claim by the Customer in order to be refunded or replaced must imperatively be returned to the Returns Department accompanied by a copy of the e-mail registering the claim.
The return of the Product must be accompanied by a copy of the e-mail registering the claim.
12.5- The refund is made, at the Customer's choice, either by crediting his bank account or by issuing a credit note to be used on any future purchase. In the absence of an express choice, the refund is made by crediting the Customer's bank account.
12.6- No refunds are made to the Customer.
12.6- No COD shipments will be accepted for any reason.
12.7- The provisions of this article 12 are without prejudice to the right of withdrawal provided for in article 8 above.
ARTICLE 13 - INTELLECTUAL PROPERTY
13.1- The texts, comments, illustrations and images reproduced on the Site are reserved under copyright law as well as under intellectual property law and this for the whole world.
13.2- On these grounds and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different, even more restrictive, provisions of the Intellectual Property Code.
13.3- Any total or partial reproduction of the Site is strictly prohibited.
ARTICLE 14 - NAME INFORMATION
14.1- Information and data concerning Customers are necessary for the management of orders as well as for the establishment and improvement of commercial relations with Customers. It may be transmitted to persons who contribute to these relations such as those in charge of Customer Service, Return Service, order preparation and Product transportation. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations, and also to enable ANGE to improve and personalize the services offered and the information communicated to Customers.
14.2- In accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files and freedoms, any Customer has the right to access and rectify personal data concerning him or her. He just has to make a request to the Customer Service indicating his name, first name, e-mail address and his Customer account number.
ARTICLE 15 - NEWSLETTERS / COOKIES
15.1- Depending on the choices they make when creating or consulting their account, any Customer is likely to receive offers from ANGE and/or companies belonging to the same group of companies from ANGE and or DADIER. Any Customer who does not wish to do so may, at any time, make a request to this effect by specifying it via the "Contact" section.
15.2- The Site is also designed to be particularly attentive to Customers' needs. In particular, it is for this purpose that ANGE makes use of navigation cookies. The purpose of the navigation cookie is to signal your passage through the Site. Navigation cookies are therefore only used by ANGE in order to improve the personalized service intended for Customers.
ARTICLE 16 - HYPERTEXT LINKS
16.1- The hypertext links established from the Site towards other sites cannot engage the responsibility of ANGE, particularly with regard to the content of these sites.
16.2- ANGE is also not responsible for hypertext links pointing to the Site and prohibits any person from setting up such a link without its express prior authorization.
ARTICLE 17 - FINAL PROVISIONS
17.1- Any sale defined in Article 2 is governed by these conditions, of which only the French version is authentic, and by the French legal and regulatory provisions. Any sales contract is thus governed, in all respects and without any restriction, by French law and takes effect as a contract concluded in France.
17.2- For any dispute that may arise between the parties in connection with a sale, ANGE may only be sued in the French courts where its registered office is located.
17.3- Where in these conditions a time limit is expressed in days, the day of the act, event, decision or notification that causes it to run shall not count. Any time limit shall expire on the last day at twenty-four hours. Any time limit which expires on a Saturday, Sunday or legal holiday shall be extended to the next business day.
17.4- Any reference on the Site or in any other medium issued in connection with the use of the Site to a time of day, days of the week, months of the year and legal holidays or non-working days shall, unless expressly stated otherwise, be deemed to be a reference to legal time in Paris, to the days, months and years of the Gregorian calendar and to the legal holidays and non-working days in force in Metropolitan France. Customs fees and other taxes are paid by the customer directly to the carrier. The prices displayed are calculated and include the value added tax (VAT) applicable in France or applicable in the recipient's country of delivery.