GENERAL TERMS AND CONDITIONS OF USE
The internet user and Amédée 1851 are individually and collectively hereinafter referred to as the « Party » or « Parties ».
ARTICLE 1. PREAMBLE
Amédée 1851 offers internet users high-quality wool products made using the Organica Precious Fiber protocol to guarantee a supply of wool and wool combing that respects the environment and animal welfare.
Internet users must create an account on the Website to purchase orders.
ARTICLE 2. DEFINITIONS
« Client »: means any internet user subscribed to the Amédée 1851 Website who has purchased one or several products from the Website.
« User »: means any person browsing the Website either as a Client or just as a visitor.
« User Account »: means the account created by the User to benefit from the services offered by Amédée 1851.
« Login Details »: means any information provided by the User to sign up and log in to a User Account.
« Services »: means the various services offered by Amédée 1851 on the Website.
« Products »: means products offered for sale by Amédée 1851 on the Website.
When creating your User Account, by clicking on « I accept Amédée 1851's General Terms and Conditions », you declare that you are over the age of majority are not acting for professional purposes, and unreservedly accept in full the Amédée 1851 General Terms and Conditions of Use.
If you do not agree to the above provisions, we recommend that you do not use the Website and/or Amédée 1851's Services.
If such changes are significant, Amédée 1851 shall promptly inform Users who hold a User Account.
If you do not agree to these changes, we recommend that you stop using the Services and delete your User Account.
ARTICLE 4. ENTRY INTO FORCE - TERM
ARTICLE 5. USER ACCOUNT
The User may sign up to the Website and create a User Account. A User Account must be created to order Products.
When signing up, the User undertakes to provide accurate, current information regarding his/her identity and contact details.
The User must also enter a password to create a User Account.
All of the information used to identify a User holding a User Account is strictly personal and confidential. The User undertakes to keep secret his/her login details used to access the Services.
In addition, the User undertakes to provide an email address of which he/she is the owner.
Amédée 1851 reserves the right to refuse a request to create a User Account or close a User Account if it has any doubt regarding the authenticity of this information.
If there are any doubts or verification is required, Amédée 1851 may ask the User to provide a copy of a proof of identity to verify the truth of the latter's declarations.
The User undertakes to immediately inform Amédée 1851 in the event of any unauthorised use of his/her User Account or of a security breach of his/her Login Details by writing to: email@example.com
The User undertakes to only sign in once using his/her real name and undertakes to not open multiple accounts under pseudonyms and/or multiple email addresses.
Identity theft is liable to prosecution, in compliance with the provisions of Article L.226-4-1 of the French Penal Code.
ARTICLE 6. ORDERS
The Client must check that the information he/she has provided Amédée 1851 is accurate, particularly the delivery address and billing address.
Information required by Amédée 1851 to process the order is indicated on the Website by an asterisk.
Orders are processed as follows:
- The client chooses which Product or Products he/she wishes to order and clicks on « ADD TO CART » to place these in the shopping cart located at the top right-hand side of the screen. For Products distributed in limited numbers, the client may buy a maximum of five (5) identical Products regardless of the number of orders made. For some Products, this limit may be set at a single item for the same Product;
- The Client then checks the contents of his/her cart and may change this by adding or removing Products;
- The Client must fill in a login form and check that all information provided is accurate, in particular his/her first and last name, email address and password. If the Client already has a User Account, he/she may click on « Log in » by entering his/her email address and password.
- The Client may check the contents of his/her order, delivery address and billing address, all of which may be changed. Amédée 1851 may not be held liable for the non-delivery of Products if there is a mistake to the delivery address. The Client must ensure that he/she has provided all of the information required for easy delivery of the order.
- The Client can choose his/her method of payment and delivery; carriers may vary depending on the country of destination.
- The Client validates the order which indicates the price, including delivery costs, shown in Euros including tax for countries in the European zone, or in the appropriate foreign currency excluding tax for countries outside of the European zone, by clicking on « Order ». He/she can then choose to pay for the order by clicking on « Pay my order » and use the chosen payment method. The Client shall pay for any customs duties and other taxes that may apply for delivery to countries outside of the European zone directly to the carrier upon reception of the order.
The Contract shall be considered as entered into once payment has been made, which shall be confirmed by email with a summary of the order stating:
- All ordered Products and their prices;
- The order number;
- The order total;
- The delivery method and expected delivery time.
In the even an ordered Product is not available, Amédée 1851 shall promptly inform the Client and indicate the date at which the Product will be delivered, or if necessary, cancel the order.
Contracts for orders equal to or over €120 shall be archived by Amédée 1851 for a period of ten years starting from the date of their completion. Clients may request access to the archive from Amédée 1851.
Additionally, Clients may access a record of their orders via their User Account.
ARTICLE 7. PAYMENT AND PRICES
The sale prices of Amédée 1851 Products are those indicated on the Website.
Product sale prices are indicated on the Website in Euros including tax (including applicable value added tax) for countries inside the European zone. For countries outside of the European zone, prices are shown in the currency of the country excluding tax and customs duties.
Product sale prices may be changed by Amédée 1851 at any time, given that ordered Products are billed at the price in force at the time the order is made.
Should there be a mistake to the price of one or several Products, the order shall be maintained if the altered price is lower than the price indicated, where the lower of the two applies. However, if the altered price is higher than the indicated price, the Client shall be informed of the new price and may chose whether to accept payment, in which case the order will be maintained, or refuse payment, in which case the order will be cancelled.
Prices shown do not include delivery costs until the last stage of the order.
The cost of delivery is shown for each Product at the end of the order process in a separate line to the price of the selected Products.
As such, the price of all Products is specified in the Specific Conditions accepted by the Client.
The total amount billed to the Client includes the cost of the selected Products including applicable VAT for countries in the European zone.
b) Bank card and bank details
The User assures Amédée 1851 that he/she is fully authorised to use the payment card used to pay for the order and that these payment methods provide legal access to sufficient funds to cover the total cost of the order made on the Website.
Amédée 1851 may not be held liable for any fraudulent use of any payment method used.
Amédée 1851 reserves the right to suspend or cancel any order and/or delivery, of any kind and at any stage, in the event that the User has not paid any sums due or in the event of a payment error. The Client shall be informed of the payment error by email.
Bank details are kept secure by the service providers in charge of the payment stage (PayPal and Braintree), which encrypt the Client's details, whether this is for a one-off payment or whether his/her bank details were registered for a previous purchase.
Under no circumstances are Client bank details kept or processed by Amédée 1851's servers or computer system in general.
ARTICLE 8. GEOGRAPHIC AREA
Amédée 1851 Products can be delivered to the following countries: Metropolitan France, Austria, Belgium, Denmark, Finland, Germany, Ireland, Italy, Luxembourg, Monaco, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, the United Kingdom, the United States, China, Japan and the United Arab Emirates, hereinafter referred to as the « Geographic Area ».
Orders made on the Website are delivered to the Geographic Area only.
Countries expressly excluded from the Geographic Area:
- French overseas departments and territories (DOM/TOM);
- French overseas collectivities.
ARTICLE 9. DELIVERY
a) Choice of delivery address
The User states the delivery address when making the Order based on the chosen delivery method.
The User will provide an accurate, current address with all of the information required for easy delivery. The User must receive the Amédée 1851 package at the delivery address indicated in the order. This address may not be changed once the order has been made and validated by payment.
Orders made on the Website are only delivered to the geographic area defined by the Article « Geographic Area ». The Client must pay for delivery costs and taxes. The Client is notified that delivery costs and taxes may vary depending on the place and method of delivery selected.
Amédée 1851 may not be held liable for any deliveries that do not reach the Client if the latter did not provide an accurate, current address with all of the necessary information for easy delivery at the time of the order (including building number, access codes, intercom, etc.) or if the Client does not retrieve the order within the given period from the collection point to which the package was delivered. The Client shall be reimbursed within six (6) working days upon Amédée 1851's reception of the Products.
b) Delivery times
Amédée 1851 endeavours to ensure fast delivery times. Nevertheless, it is not in control of delivery times once the order has been dispatched. Orders are prepared within six (6) working days.
Generally, deliveries are made within two to five working days in Metropolitan France from the date of the email confirming the order has been dispatched. The estimated date of delivery is indicated in the order confirmation email and Amédée 1851 undertakes to ensure that the delivery is made, after validation of the order, within eleven (11) working days in Metropolitan France and twenty (20) working days for an international delivery.
If delivery is not made within the indicated period, the Client may ask to cancel the order and be reimbursed.
If the Product is in the process of being delivered at the time the Client makes its request for cancellation, the Client may return the Product at Amédée 1851's cost. To do so, he/she may request for a prepaid label from the Customer Service department at: firstname.lastname@example.org
Working days mean Monday to Friday excluding public holidays, Saturdays and Sundays. Applicable delivery times are indicated when making an order and depend on the chosen delivery method. The times indicated when making an order and based on the chosen delivery method match the standard delivery times of the carrier in charge of the delivery. The Client will be given a tracking number to monitor the progress of the order.
ARTICLE 10. RESERVATION OF OWNERSHIP
Amédée 1851 retains the full and entire ownership of the sold Products until they have been paid in full.
ARTICLE 11. PRODUCT CONFORMITY AND AVAILABILITY
a) Available stock
Amédée 1851 reserves the right to change the selection of Products sold via its Website at any time, without prejudice to any orders already made by the Client.
Products are offered while stocks last. Users are automatically informed when a Product is no longer available.
However, if a Product is no longer available after an order has been made, the Client shall be immediately informed by email and automatically reimbursed, except in the event of force majeure or due to the actions of a third party.
b) Legal warranties
In compliance with Article L.111-1 of the French Consumer Code, the User may learn of the essential characteristics of Products he/she is ordering on the Website.
However, Amédée 1851 informs the User there may be slight differences between the photographs of the Products presented on the Website and the actual Product, despite Amédée 1851's efforts to present the Products as accurately as possible on the Website.
These differences are due to elements beyond Amédée 1851's control, particularly due to lighting differences between the place where the Client receives the Product or Products and the place where the photographs were taken, or the resolution of the User's screen.
By virtue of Article L.217-4 of the French Consumer Code, Amédée 1851 is required to deliver a product that conforms to the contract and is held liable for any lack of conformity that exists upon delivery. The Client has two (2) days upon reception of the Product to initiate action if there is a lack of conformity.
The conformity of a product is defined in Article L.217-5 of the French Consumer Code:
« To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. »
In the event there is a lack of conformity upon delivery due to a logistical error, Amédée 1851 shall cover the costs of returning the Product. The Client may choose to either have the Product repaired or replaced, unless this choice gives rise to a manifestly disproportionate cost for Amédée 1851, which may then choose an appropriate means of restitution in compliance with Article L.217-9 of the French Consumer Code.
2. Hidden defects
The seller covers the sold item against any hidden defects, namely defects that render the item unfit for its intended use or limit its intended use, and that if the buyer had been aware of he would not have made its purchase.
Action to seek warranty coverage relating to hidden defects shall be barred after two years following the date the defect was discovered.
ARTICLE 12. INTELLECTUAL PROPERTY
a) Protection by intellectual property law
The ORGANICA PRECIOUS FIBER and Amédée 1851 brands, distinguishing marks, logos or trademarks, the architecture, presentation and content of the Website (text, forms, photographs, graphics, etc.), the Products, their packaging, brochures and photographs, gifts, data or element of any kind supplied or produced by Amédée 1851 are the exclusive property of Amédée 1851 or its partners and are protected by intellectual property law, and particularly by legislation governing copyright, trademarks, designs, and databases.
The User undertakes to respect the rights held by Amédée 1851 and to not copy by any means possible, including but not limited to, all or part of the Website content, the Products and their packaging, or any gifts given by Amédée 1851, whatever the medium or process used, and in particular for any commercial purposes, unless any legal or regulatory exceptions exist.
The User undertakes to not alter or change in any way or for any reason whatsoever the Website or any elements or contents thereof. The User also undertakes to not allow third parties or give third parties the means to make any such changes or modifications.
Any use of the aforementioned elements that does not have Amédée 1851's prior consent may be deemed to be an infringement. Users may ask for Amédée 1851's consent at the address indicated in 12.b.
THE USER IS INFORMED THAT ANY BREACH OF THE ABOVE PROVISIONS CONSTITUTES AN INFRINGEMENT LIABLE TO ENGAGE THE CRIMINAL RESPONSIBILITY OF THE AUTHOR OF SUCH BREACH
b) License of use granted to Users
Amédée 1851 grants Users a limited non-exclusive license to use, for the term of the Contract, contents of the Website exclusively for the purposes of performing the Service, excluding any commercial use of this content.
Under no circumstances may the User use the contents of the Website for any other purpose, particularly commercial.
All use of the contents of the Website or more generally Amédée 1851's visual identity is conditional to Amédée 1851's prior consent.
The automatic retrieval of elements of the Website, prices, photographs or descriptions of Products is strictly forbidden.
It is also forbidden to use any of Amédée 1851's distinguishing marks for the search engine optimisation of third party products or services.
As such, it is forbidden to use its brands or trade names to improve the ranking of third party services, particularly using « meta tags » or keywords, whether these are visible or invisible to the internet user.
Users may ask for Amédée 1851's consent to use these elements at the following address: email@example.com
Amédée 1851 does not guarantee that the User's request for consent will be accepted. Consent may be subject, where appropriate, to the payment of a fee proportionate to the intended use.
ARTICLE 13. HYPERLINKS
Amédée 1851 may use online hyperlinks to provide Users with information. These links automatically direct internet users to other websites, and Amédée 1851 may not be held liable for any damages resulting from the use of these websites or any illegal and/or immoral content they may provide access to. Indeed, Amédée 1851 has no control over such content.
In the event of any unsuitable, illicit or shocking content, Users shall immediately inform Amédée 1851, which will promptly remove the relevant hyperlinks.
ARTICLE 14. DEACTIVATION OF USER ACCOUNT
Amédée 1851 reserves the right to refuse any order from a Client with whom such a dispute exists, event if the latter opens a new User Account.
ARTICLE 15. PROHIBITION OF BUY/SELL
The sale of Products on the Website is for consumers only and not for professionals acting in their professional capacity or on behalf of another professional. Under no circumstances may Products be bought on the Website with the view of selling them for commercial purposes.
ARTICLE 16. LIMITATION OF LIABILITY AND FORCE MAJEURE
a) Running of Website
Amédée 1851 may not guarantee that the Website and Services will run without interruption. The obligation to provide the Website and Services is limited to an obligation of best-endeavours.
b) Website Security
Amédée 1851 undertakes its best endeavours to ensure the smooth running and security of the Website. However, it is possible that a virus or malware may infect the Website or one of its elements. In such case, Users and Clients may not hold Amédée 1851 liable for any direct or indirect damage, whether predictable or not, caused to their devices or any data these contain, or for any other damage resulting from the action of a third party malware or breach of the Website, including when downloading elements of the Website. Users must equip and install their devices with adequate anti-virus software and protection and security programs.
c) Late delivery
d) Limitation of responsibility for Products
Amédée 1851's responsibility for Products bought on the Website is limited to the price of the said Product or Products concerned. Any other direct or indirect loss, including but not limited to, loss of opportunity, non-pecuniary damage, loss of time or of earnings, will not be indemnified by Amédée 1851.
e) Act of a third party or User error
Amédée 1851 may not be held liable to the obligations of the present General Terms and Conditions in the event that the non-performance of its obligations is attributable to the act of a third party even if this is foreseeable, to User error, or to an unforeseeable event or force majeure that prevents or delays such performance.
f) Force majeure
Amédée 1851 shall inform the User of any unforeseeable event or force majeure within seven (7) days of this event arising.
ARTICLE 17. CLAIMS
All User claims must be sent to Amédée 1851 at the address below and state « claim » as the object, whatever form it is presented in (email, letter, etc.).
Claims shall be sent by email to: firstname.lastname@example.org
Or by post to:
Société PRECIOUS FIBER DEVELOPMENT
112, Avenue Kléber
ARTICLE 18. WITHDRAWAL
a) Right of withdrawal
The Client has a right of withdrawal that it may exercise within fifteen (15) days upon reception of the Products without having to provide any specific grounds.
However, return costs will be charged to the Client, except for within Metropolitan France. The Client may request to receive a prepaid label from the Sales Department at: email@example.com
b) Withdrawal form
To exercise the right of withdrawal within fifteen (15) days, the User may inform Amédée 1851 of his/her decision by registered mail with acknowledgement of receipt or by email, using the withdrawal form attached hereto. The User must mark the object as « Withdrawal » and send this by post to:
Société PRECIOUS FIBER DEVELOPMENT
112 Avenue Kléber
Or by email to: firstname.lastname@example.org
Following a withdrawal and if required, the entire price paid, including any delivery costs paid at the time of order, will be refunded via the payment method used by the Client no later than fourteen (14) days upon Amédée 1851's reception of the returned Product or Products, under the conditions stipulated in Article 19. However, the refund will be cancelled or postponed if the Products are damaged.
ARTICLE 19. RETURNS POLICY
Products must be returned in the original packaging and not have been damaged by the Client. The Product must also bear its original label, not have been worn other than for fitting purposes and not have been washed. Return postage will be paid by the Client, except in Metropolitan France where the Client may request for a prepaid return label from the Customer Relations Department at: email@example.com
Products must be returned to:
189, rue d’Aubervilliers
Voie A Porte 10
Refunds are subject to the reception of the Product in a perfect condition. We recommend that the Client return the Product or Products by tracked mail. If not, postal services may refuse to investigate when requested to locate the parcel containing the returned Product or Products.
The Client returns the Products at his/her own risk. Amédée 1851 may not be held liable for any damages arising from a delivery incident regarding the returned Product or Products (loss, theft, damage) given that it is not the sender.
ARTICLE 20. VARIOUS PROVISIONS
ARTICLE 21. APPLICABLE LAW
However, and in compliance with Article 6§2 of the Rome I Regulation, individuals living within the European Union may benefit from more protective, mandatory provisions provided by their national law.
ARTICLE 22. SETTLEMENT OF DISPUTES AND MEDIATION
Should the Parties fail to reach an amicable settlement, each Party may decide to initiate conciliation proceedings through a conciliator. The role of the conciliator is, outside of any proceeding, to help settle disputes.
In addition, consumers have the right to seek a consumers conciliator free of charge in compliance with Article L.612-1 of the French Consumer Code:
http://www.economie.gouv.fr/mediation-conso et http://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32013L0011&from=FR.
The role of the ombudsman is to bring the parties together and have them find a solution to their dispute for themselves, unlike a conciliator who can process the case when not in the presence of the two parties.
An online dispute resolution platform provided by the European Commission is available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
If the conciliation or mediation does not succeed, or if the Client does not wish to use either of these alternative dispute settlement proceedings, the competent court must be informed, being specified that French courts will have jurisdiction.
In application of Article R. 631-3 of the French Consumer Code, the Client in his/her capacity as the consumer may chose to refer the case to:
- one of the courts with territorial jurisdiction by virtue of the French Civil Procedure Code (court of the residence or headquarters of the defendant, jurisdiction of the place of delivery of the item or place of performance of the service)
- or the court of the place where he/she resided at the time the contract was made and or the harmful event occurred.
By email to the attention of:
Société PRECIOUS FIBER DEVELOPMENT,
112, Avenue Kléber
I, the undersigned, _______ hereby inform you of my withdrawal from the contract for the order below:
Send this letter with acknowledgement of receipt or by email to: firstname.lastname@example.org
ARTICLE 23. LEGAL NOTICE
The Website www.amedee1851.com is published and marketed by PRECIOUS FIBER DEVELOPMENT, SARL, whose headquarters are located 112, avenue Kléber 75116, with a share capital of €10,010, registered in the Paris Trade and Companies Register under number 833 312 986.
Ph.: +33 (0)1 47 04 13 40
Intra-community VAT number: FR 68 833312986
Head of Publications: Déborah Berger
Website host: GANDI SAS
63-65 boulevard Masséna
75013 Paris France
Ph. : +33 (0) 1 70 37 76 61