GTC (General Terms and Conditions of Sale) - AYUR-VANA
PREAMBLE
The general terms and conditions of sale apply exclusively to the current and future commercial relations existing between AYur-vana(1), 177 Rue de Paris - 95680 Montlignon - FRANCE ("Us") and the author of the order, the user, the buyer ("You"). Any condition formulated by you that does not comply with our own general conditions will be rejected unless you have expressly and in writing recognized their applicability.
We can modify the present general conditions of sale at any time, provided that these modifications appear on our site.
These present conditions aim at defining the modalities of sale between AYur-vana and the user, from the order or the services, through the payment and the delivery. The present general conditions of sale are systematically brought to the knowledge of each purchaser to enable him to place order on the present Internet site to the exclusion of all other conditions.
IMPORTANT (French jurisdiction)
You have the opportunity to register free of charge on the BLOCTEL telephone opposition list (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumption.
1 - ORDERING
The user has the possibility of placing his order:
- either directly on the site www.ayurvana.fr/en
- or by telephoning our Customer Service at +33(0)1 39 59 97 29
The order can be registered on the site only if the user has followed the instructions given by www.ayurvana.fr/en
The company undertakes to honor the orders received on the website only within the limits of available stocks of products. If a product is not available, our customer service commits to inform the user as soon as possible to propose a replacement product or to proceed with the refund of the order. If a product is no longer manufactured or is no longer available in stock within one month, its product sheet is immediately removed from the site.
We undertake to accept your order under the terms of these general conditions of sale. By confirming your order, you accept the entirety of these terms and conditions of sale made available to you on the site, and acknowledge that you are fully aware of them, thereby waiving the right to rely on any contradictory document, excluding your own terms and conditions of purchase, the said order entailing acceptance of these terms and conditions of sale. This confirmation as well as all the data that We will have recorded will constitute the proof of our transactions.
2 - PRICE / PRODUCTS
The prices are indicated in euros all taxes included and are those in force at the day of the order.
These rates can be modified, for example, in case of a change in the VAT rate, if this is indicated on the site.
All offers of products, services and delivery terms are indicated in euros for metropolitan France, Corsica, Monaco, DOM and TOM. The deliveries towards the rest of the world are also ensured and dispatched according to the tariffs of the Post office (to consult us as a preliminary).
The prices indicated are increased by the French VAT applicable on the day of the order. If one or several rates were to be modified in rise or fall during the year, these changes could be reflected on the prices of the articles.
3 - PAYMENT
You can choose between several payment methods:
- 100% secure credit card payment via our Crédit du Nord platform,
- payment by cheque,
- payment via PayPal.
Payment in three(3) instalments is free of charge for purchases of €90 and over (including discounts):
- send in one time three (3) cheques made out on the same date for approximately the same amount to the order of: AYur-vana - 177 Rue de Paris - 95680 Montlignon - FRANCE
Your package will be shipped upon receipt. The first cheque will be cashed immediately, and the other two at 30 and 60 days. - call us on +33 (0)1 39 59 97 29 for payment by credit card in three (3) instalments free of charge. Your parcel will be dispatched after the first debit. Other direct debits are made at one and two months.
- pay by 100% secure credit card via our Crédit du Nord platform. The first debit is made at the time of order, the 2nd one month later and the last one month later. Your parcel will be shipped after the first debit.
Cards issued by banks domiciled outside France must be international bank cards.
The payment by bank check is possible only for checks in Euros and payable or compensable in a French banking institution. The check must be made out to AYur-vana and sent to the address below:
AYur-vana - 177 Rue de Paris - 95680 Montlignon - FRANCE
Security/ confidentiality/ retention of title
When You pay by credit card, You are invited at the end of the order to indicate your card number and the date of validity. Various accesses to authorization servers are then carried out to verify the data and avoid abuse and fraud. For this purpose, and to protect your personal data, the server is in encrypted mode and all the information transmitted is coded (SSL protocol). Nothing is transmitted unencrypted over the network. We proceed to the collection of your payment by credit card only at the date of shipment of the product.
We reserve the right to cancel any order from a customer with whom there is a dispute relating to the default or late payment of a previous order.
The goods supplied will remain our property until the effective payment of the entire price. This reservation of ownership does not prevent the transfer of risks, which will be borne by the carrier from the date on which the ordered products leave our premises.
4 - DELIVERY ACCORDING TO YOUR WISHES
Unless otherwise specified, the delivery is made to the address that You have indicated at the time of your order.
-at your home,
-to another address that You indicate to us.
The goods travel at the carrier's risk as of the date on which the ordered products leave the premises. The delivery times are only indicative and without any guarantee unless, exceptionally, We are committed to respect a specific date of delivery. If You choose to pay by check, the order will be processed upon receipt of the check and the delivery time will run accordingly.
Delays in delivery, unless a specific delivery date has been respected, do not allow the buyer to cancel the sale or to refuse the product(s). They cannot give rise to withholding, penalty or damages.
4.1a- SHIPPING
Packages are shipped the same day for all orders paid before 1pm, the next day otherwise.
For example, an order paid online by credit card on the site www.ayurvana.fr/en before 1pm will be shipped the same day. An order placed on the site but paid by check will be shipped the day the check is received.
The products marketed by AYur-vana are in conformity with the French regulation. It is thus up to the Customer to inform himself near the local authority of his country of the possible limitations of importation and use of the ordered products.
AYur-vana cannot be held responsible for the purchase of a product considered as non-conforming in a given country, whereas this product is in conformity with the French regulations.
4.1b- DELIVERY IN METROPOLITAN FRANCE
Delays: the ordered articles are delivered, except delay, within 24/48 hours by the Post office in Colissimo with a controlled reception.
The arrival of the parcel: the deliveries arrive directly at your home or, if you are absent, at your post office.
Rates: 5,95 €; Free from 49 €.
4.2- DELIVERIES TO OVERSEAS DEPARTMENTS
Delays: the ordered articles are delivered within a week by the Post office in Colissimo with a controlled reception. You benefit from the tax exemption on our products and our transport services. The invoice will be established without French VAT. You will have to pay the applicable duties and taxes to the carrier who will deliver your order.
Rates: 20 €; Free for orders over 200 €.
4.3- DELIVERIES IN THE EUROPEAN COMMUNITY
Delays: The ordered articles are delivered under 48/96 hours by the Post office in Colissimo International with a controlled reception.
The items you order are subject to French VAT (5.5% or 20% unless the rates change). You do not have to pay any tax when you receive your package, and you cannot recover any VAT.
Rates: 5,95 €; Free from 49 €.
4.4- DELIVERIES OUTSIDE THE EUROPEAN COMMUNITY
You benefit from the tax exemption on our products and our transport services. The invoice will be established without French VAT. You will have to pay the duties and taxes of your country to the carrier who will deliver your order.
For any delivery outside the European community, please contact us at contact@ayurvana.fr or + 33 (0)1 39 59 97 29.
Customs information:
Customs or import taxes are due as soon as the package reaches its destination country. You must pay any additional customs clearance fees. We have no control over these taxes and cannot predict them, as customs policies vary greatly from country to country. Please contact your local customs office for more information.
5- SATISFIED OR REFUNDED
The customer has a time of retractation of fourteen (14) clear days as from the delivery to turn over, with its expenses with AYur-vana the products, for exchange or refunding.
In case of exercising the right of withdrawal, the customer will have the choice to ask either for a refund of his order, except for the return shipping costs he will have incurred, or for the exchange of the products (the shipping costs incurred for this new shipment remaining at his expense).
Any request for exchange or refund must be made by mail, within fourteen (14) days of delivery.
The customer must imperatively accompany his parcel with the following withdrawal form or any other unambiguous statement expressing his desire to withdraw:
SAMPLE RETRACTION FORM
I/We (*) hereby notify you of my/our (*) withdrawal from the order for the sale of the product(s) below:
Ordered on (*)/received on (*) :
Name of consumer(s):
Consumer(s) Address:
Signature of consumer(s) (only if notifying this form on paper) :
Date:
(*) Cross out what is not applicable.
The products must be sent back to AYur-vana - 177 Rue de Paris - 95680 MONTLIGNON - France, in new condition and in their original packaging also in perfect condition. The products opened, damaged or soiled by the customer are never refunded nor exchanged.
In case of abusive return, AYur-vana reserves the right to refuse any further order. After this period, no complaint will be considered.
In addition, AYur-vana guarantees the Customer because of the defects of conformity or hidden defects indicated within two years as from the delivery of the sold products and existing at the day of the delivery. Is understood as a defect of conformity, without that it is exhaustive, any defect making the goods unfit for the use usually expected of similar goods, different from the description given by the salesman or unusable because of a hidden defect at the time of the sale.
Excluded from the warranty are defects that the Customer knew or could not have been unaware of and defects that originate from the Customer's personal use or storage of the product after the sale.
In any case, AYur-vana will replace the product in defect as of reception of this last in its buildings by a similar and in conformity product.
6- SERVICES OFFERED
Data Protection Act
In accordance with the data-processing law and freedoms of the 6/01/78, You have a right of access and of correction to the data concerning you. Thereafter, you can be informed of our various offers by mail. If you do not wish it, it is enough for you to announce it to us (by indicating your name, first name and address):
- by email to contact@ayurvana.fr
- by mail to : AYur-vana - 177 Rue de Paris - 95680 MONTLIGNON - France
7- RESPONSIBILITY
The company AYur-vana has, for all the stages of access to the site, the process of order, the delivery or the posterior services, only an obligation of means. The responsibility for AYur-vana could not be committed for all the disadvantages or damage inherent in the use of the Internet network, in particular a rupture of service, an external intrusion, or the presence of computer virus, or of any fact qualified as force majeure, in accordance with the jurisprudence. Moreover, AYur-vana could not be held for person in charge of the non-fulfilment of the contract concluded in the event of out-of-stock condition or unavailability of the product, of cause beyond control such as defined hereafter of which disturbance or all-out or partial strike of the postal services and means of transport and/or communications, flood, fire.
The products offered are in accordance with the French legislation in force.
The photographs and the texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility for AYur-vana could not be committed in the event of error in one of these photographs or one of these texts.
8- INTELLECTUAL PROPERTY
The intellectual property rights on the documents contained in the site and each of the elements created for this site are the exclusive property of AYur-vana or its suppliers, who do not grant any license, nor any other right than that of consulting the site. The reproduction of any document published on the site is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property except preliminary authorization of AYur-vana
9-MAJOR FORCE
The occurrence of a case of force majeure has the effect of suspending the execution of our contractual obligations.
Force majeure is any unforeseeable and irresistible external event beyond our control that impedes the normal functioning of the manufacturing or shipping of the product(s).
A case of force majeure is constituted by total or partial strikes hindering the proper functioning of AYur-vana or one of its suppliers, subcontractors or carriers, as well as the interruption of transport, energy supply, total or partial economic activity following a pandemic.
10- APPLICABLE TEXTS - JURISDICTION
The General Terms and Conditions of Sale are subject to French law, unless otherwise provided by law. The consumer may bring an action either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where he/she lived at the time of the conclusion of the contract or the occurrence of the harmful event.
Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions will have to be submitted before any action to AYur-vana in view of an amicable settlement. It is expressly reminded that the requests for amicable settlement do not suspend the deadlines opened to bring legal actions. Thus, in case of disputes, the customer can first contact the AYur-vana customer service to seek an amicable solution without any impact on the deadlines of any legal action.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, AYur-vana adheres to the Service of the Mediator of consumption FEVAD (Federation of the e-commerce and the remote sale) whose coordinates are the following: Médiateur de la consommation FEVAD - BP 20015 - 75362 PARIS CEDEX 8 – France - https://www.mediateurfevad.fr.
After prior written requests from consumers to AYur-vana, the Mediator's Service can be contacted for any consumer dispute which has not been settled. To know the modalities of referral to the Mediator, click here.
In addition, in accordance with Article 14.1 of Regulation (EU) No. 524/2013, the customer is informed of the existence of the European platform for online dispute resolution: https://europa.eu/youreurope/citizens/consumers/consumers-dispute-resolution/index_en.htm
(1)CONSEIL ORGANISATION DISTRIBUTION ERGONOMIE (C.O.D.E.)
SAS with a capital of 15.000 € acting on behalf of AYur-vana
177 Rue de Paris -95680- Montlignon – France - RCS PONTOISE 409 026 713
Phone: + 33 (0)1 39 59 97 29
contact@ayurvana.fr
