GENERAL
CONDITIONS OF USE
Very order taking under a product appearing within the shop on
line of our Web site www.athifea.com, the preliminary acceptance
of these general conditions implies.
Consequently, the consumer recognizes perfectly informed being owing
to the fact that its agreement concerning the contents of these
general conditions does not require the handwritten signature of
this document, insofar as the customer wishes to order on line the items
presented within the framework of the shop of the Web site.
The consumer has faculty to safeguard or publish the present general
conditions, being specified that as well the safeguard as the edition
of this document raise of its only responsibility, these general
conditions of sale being able to be likely to undergo modifications.
In this case, the applicable conditions will be those in force on
the site at the date of the order.
The
Shop in line installation by the company Athifea Distribution within
the framework of the Sale
on Line mentions following information:
Legal
note allowing an identification specifies company Athifea Distribution
"presentation of the essential characteristics of the goods proposed;
"indication, in euros (including all taxes) of the price of the
goods, like, if necessary, of the expenses of delivery;
"indication of the execution or delivery, modes of payment,;
"the existence of a right of retractation;
"period of validity of the offer or the price;
The whole of this information are presented in French language and
English language. The consumer states to have the full legal capacity
allowing him to engage with the title of these general conditions.
INTEGRALITY
The present general conditions express the entirety
of the obligations of the parts. In this direction, the consumer
is considered to accept without reserve the entirety of the provisions
envisaged under these general conditions of sale www.athifea.com
commits himself for its part respecting his role of retailer within
the framework of the aforesaid conditions.
OBJECT
The present general conditions have the aim of defining
the rights and obligations of
left within the framework the sale in line goods and services suggested
by the company Athifea Distribution with the consumer.
This contract is formed by the following contractual documents,
presented by hierarchical order
decreasing:
"present general conditions;
"the purchase order;
"delivery terms & return.
In the event of contradiction between the provisions contained in
the documents of different row, the provisions of the document of
higher row will prevail.
The present general conditions come into effect at
the date of signature of the purchase order.
The present general conditions are concluded for the duration necessary
to the supply from the goods and subscribed services, until the
extinction of the guarantees.
Purchase order signed of the consumer by "double click" constitutes
an irrevocable acceptance which can be called into question only
in the cases limitativement envisaged under the present general
conditions of sale like "right of retractation" and "out-of-stock
condition".
The "double click" associated with the procedure with authentification
and nonrepudiation and with protection with the integrity with the
messages constitutes an electronic signature. This electronic signature
has value between the parts like a handwritten signature.
Contractual information will be the subject of a confirmation
by e-mail way. Certain orders must be checked on behalf of our service
checking. You will be in this case prevented by mail of the justifying
documents to send in order to obtain the final validation of your
order, www.athifea.com reserves the right to cancel the order
in the event of nonreception as of the these justifying documents
or reception of documents considered to be nonin conformity.
Athifea
Distribution recommends to the customer to preserve a trace paper
or on machine readable medium reliable, the data relative to its
order.
The customer must check the exhaustiveness and the conformity of
the information which it provides to www.athifea.com. The latter
could not be held responsible for possible errors of seizure and
the consequences in terms of delay or error of delivery. In this
context, all the expenses engaged for the reforwarding will be the
responsibility of the customer.
Computerized registers, preserved in the information
processing systems of the Athifea company
Distribution under reasonable conditions of safety, will be regarded
as the evidence of the communications, the orders and the payments
occurred between the parts.
The filing of the purchase orders and the invoices is carried out
on a reliable support
and durable being able to be produced by way of proof.
The
offers presented by the company Athifea Distribution are valid only
within the limit of stocks available www.athifea.com reserves
the right to modify the set of the products according to constraints
imposed by its suppliers.
1-A:
The offered products are in conformity with the French legislation
into force and the applicable standards in France. The photographs,
texts, graphics information and characteristics reproduced and illustrating
the products presented are not contractual. Consequently, Our responsibility
could not be committed in the event of error or of omission in one
of these photographs, texts or graphics information or characteristic
of the products or in the event of modification of the characteristics
of the products by the suppliers.
with:
www.athifea.com could not be held for person in charge for the inexecution
of the contract concluded in the event of out-of-stock condition
or unavailability of the product, cause beyond control, disturbance
or all-out strike or partial in particular of the mail service and
means of transport and/or communications, flood, fire athifea.com
will not incur any responsibility for all consequential damages
because of present, trading loss, loss of profit, loss of chance,
damage or expenses, which could occur because of purchase of the
products. We remind to you that it is advisable to proceed to the
safeguard of the data contained in the bought products, www.athifea.com
could not be responsible for all losses of data, files or of the
damage defined in the preceding paragraph.
3-A:
Bonds hypertexts can return towards other sites that the site "www.athifea.com".
www.athifea.com releases any responsibility if the contents of these
sites would contravene the legal and lawful provisions into force.
The prices are indicated in Euros and in Dollars and
are applicable only to the dispatch date of validation of the order
by the consumer.
They do not hold account of the expenses of delivery, invoicees
in supplement, and indicated before the final validation of the
order www.athifea.com reserves the right to invoice with the
consumer, a share in the expenses of port. This threshold as well
as the required participation are clearly stipulated on our Site
www.athifea.com.
The entirety of the payment must be carried out during the ordering,
except offers specific indicated on the site. No moment, the versed
sums could be regarded as down payments or installments.
To regulate his order, the consumer lays out, with his choice, of
the whole of the modes of payment aimed within the purchase order,
namely:
- Services of payment Made safe
by Bank card:
EUROWEBPAYMENT,
PAYPAL,
2CHECKOUT.
Banking Cheque, only for France.
The consumer guarantees the company Athifea Distribution
which it has the authorizations possibly necessary to use the mode
of payment chosen by him, at the time of the validation of the purchase
order.
The company Athifea Distribution reserves the right to suspend any
management of order and any delivery in the event of refusal of
authorization of payment per bank card on behalf of the officially
accredited organizations or in the event of nonpayment.
The company Athifea Distribution reserves in particular the right
to refuse to carry out a delivery or to deliver an order emanating
with a consumer who would not have regulated completely or partially
a preceding order or with which a litigation of payment would be
in the course of administration.
The company Athifea Distribution set up a procedure of checking
of the orders intended to make sure that no person uses the banking
co-ordinates of another person without her knowledge. However, the
consumer remains opinion that www.athifea.com could not be held
for person in charge for all fraudulent embezzlements or uses of
an unspecified means of payment which would not have been detected
by the procedure of checking.
Within the framework of this checking, it will be requested from
the customer to address by fax or mall to the company Athifea Distribution
a copy of an identity paper as well as a document in proof of residence.
The order will be validated only after reception and checking by
our services of the parts sent. In the absence of reception of these
parts within 15 day following the placing of order, the latter famous
will be automatically cancelled.
wwww.athifea.com preserves the property full and whole market
products to perfect cashing of all the sums which had by the consumer
within the framework of his order, expenses and inclusive of tax.
The transfer of property of a good bought to www.athifea.com by
the consumer to a third person, will not be dealt with by the company
Athifea Distribution.
Only the purchaser of origin of this good can claim to reach the
clauses of these general conditions of sale.
The order is taken into account within 48 Hours as
from the day following that where the ordering of the consumer was
definitively validated (average of received payment and procedure
of checking of order carried out). The time of forwarding can varied
3 days
at 12 working days according to the Manufacture and inventory position
in progress.
In the event of unavailability of the ordered product, in particular
because of our suppliers, the consumer will be as soon as possible
informed and will have the possibility for it of cancelling his
order. The consumer will have then the choice to ask either for
refunding, if necessary, of the sums paid in the 30 days at the
latest of their payment, or an exchange of product of characteristics
and equivalent price, if our Company is able to get it.
In the event of impossibility of exchange, www.athifea.com reserves
the right to cancel the order of the customer and to refund the
versed sums.
Information on the availability of the products being transmitted
by our suppliers, the unavailability of the product could not urge
the responsibility for www.athifea.com nor to open right to damages
for the customer.
The products are delivered to the address indicated by the customer
on the purchase order.
The customer must check exhaustiveness and the conformity of the
information which it provides to www.athifea.com The latter could
not be held responsible for possible errors of seizure and the consequences
in terms of delay or error of delivery. In this context, all the
expenses engaged for the reforwarding of the order will be entirely
the responsibility of the customer.
www.athifea.com.com could not be held for person in charge for delays
of delivery because of errors or ascribable disturbances with the
conveyors (all-out strike or partial in particular of the mail service
and means of transport and/or communications).
The consumer is held to check the state of the packing of the goods
to the delivery and to announce the damage which had to the conveyor
on the delivery order, like at the company Athifea Distribution,
within two day wrought.
The consumer will be informed by mall of the imminence of a sending
concerning his order. In the event of delay of delivery of more
than three days compared to the date that we indicated to you in
the mall of forwarding, we suggest checking near your post office
which the parcel is not in authority, then to announce us if necessary
this delay by calling us by telephone or by sending a mall to us.
We will then contact the Post office to make start an investigation.
A Poste investigation can last up to 21 days wrought as from the
date of its opening. So during this time, the product is found,
it will be rebooked immediately in your residence. If on the other
hand the product is not found at the end of the 21 days deadline
wrought of investigation, the Post office regards the parcel as
lost. It is only at the end of this time that we can return you
a product of replacement, to our expenses. If the ordered products
were not available any more at this time, we would refund you assembling
it of the products concerned with the loss of the conveyor.
DELAY
OF DELIVERY
Any anomaly concerning the delivery (damages, produced
missing compared to the delivery order, parcel damaged, produced
cassés…) will have to be imperatively indicated on the delivery
order in the form of "handwritten reserves", accompanied by the
signature of the customer.
In the case of a sending carried out by the Post office, if the
parcel arrives open or damaged (in particular with the presence
of the yellow sctoch "the Post office") it is essential that the
customer makes establish by the factor or the post office of which
it depends a "report on spoliation" (report 170) so that www.athifea.com
can file an investigation and proceedings of compensation.
The consumer will have in parallel to confirm this anomaly by addressing
to the conveyor in the two (2) following working days the delivery
date a mail recommended with acknowledgement of delivery exposing
the aforementioned complaints.
The consumer will have simultaneously to transmit copy of this mail
(with the original of the "report of spoliation" if necessary) by
simple letter to: Athifea Distribution, Foch Avenue, 22, 13004
Marseille (France)
Any complaint arrived except time will be rejected.
1-A: The customer will have to formulate near the
company Athifea Distribution, the very same day of the delivery
or at the latest the first wrought day following the delivery, any
complaint of error of delivery and/or nonconformity of the products
in kind or in quality compared to the indications being reproduced
on the purchase order. Any complaint formulated beyond this time
will be rejected without possibility of recourse.
1-B:
The formulation of this complaint near the company Athifea Distribution
will be able
to be made by Form of "Contact" on our Site or by email:
info@athifea.com
1-C:
Any complaint not carried out in the rules defined above and the
time limits could not be taken into account and will release the
company Athifea Distribution of any responsibility with respect
to the consumer.
1-D: With
reception of the complaint, the company Athifea Distribution will
allot a number of return products concerné(s) and will communicate
it to the consumer. The return of a product can take place only
after the attribution of this number of agreement according to the
step presented above.
1-E:
Very produced to exchange or refund will have to be turned over
in the 8 wrought days according to the reception of the agreement
of return to the company Athifea Distribution in its entirety (accessories
and notes included/understood) and in its packing of origin in perfect
state, in Postal Sending or Fedex with insurance covering the commercial
value of the turned over products, with the following address: Athifea
Distribution, Foch Avenue, 22, 13004 Marseille (France). To be accepted,
any return will have to be announced as a preliminary to the Customer
Service of the LLC Athifea Distribution
The
expenses of sending advanced by the consumer will be refunded to
him by the LLC Athifea Distribution (on documents in proof and
within the limit of the cost of a sending in recommended Postal Sending),
except if it would prove that the taken again product does not correspond
to the declaration of origin made by the customer in the good of
return.
Fault of respect of the procedure above no complaint for nonconformity
or vice apparent of the delivered products could be accepted.
enviescoquines.com grants to the customer a time retractation
some 15 days calendar to turn over, with its expenses, the products
not being appropriate to him. This time court as from the day of
delivery of the ordering of the consumer. Any return will have to
be announced as a preliminary near the Customer service of the LLC
Athifea Distribution by email. The product will have to be turned
over in Postal sending or Fedex with insurance of the commercial value
of the products. In all the cases the return is carried out with
the risks of the consumer.
www.athifea.com recommends to the customer to carry out the return
of its products in Postal Sending or Fedex provided with a recommendation or a
complementary insurance guaranteeing to him, if necessary, the compensation
for the products to height of their real commercial value in the
event of spoliation or of loss of these goods.
www.athifea.com recommends to the consumer on-to pack packing of
origin of its products, because only will be taken again the products
returned in their entirety (Accessories, Lingerie, Items,
etc), in their packing of origin, the unit having to
be intact and in a perfect state of resale.
Very product which would have been damaged, incomplete, or whose
packing of origin will have been deteriorated, neither will be refunded
nor exchanged.
This right of retractation is exerted without penalty, except for
the expenses of return which remain with the load of the consumer.
On the assumption of the exercise of the right of retractation,
the consumer has the choice to ask either for the refunding of the
paid sums, or an exchange of an amount are equivalent to the naps
versed or, if necessary, with banking complement, the expenses of
Re-forwarding remaining with the load of the consumer.
In the event of exercise of the right of retractation, www.athifea.com
will make all the efforts to refund the consumer within 15 day.
However, taking into account the character of the market products,
this time could be extended to 30 days, in particular when the product
needs a technical checking by the Customers Service of www.athifea.com (these
products having to be tested as a preliminary).
The customer will then be refunded by cheque or by Wire transfert.
In the case of a defective product at the latest within 30 days
as from the day following that where the ordering of the consumer
was definitively validated (average of received payment and procedure
of checking of order carried out), the customer is invited to contact
the service customers which will indicate the procedure to him to
turn over its product. No return will be accepted without prior
agreement materialized by the emission of a number and a good of
agreement of return. This agreement of return is valid throughout
one 8 day wrought. As from its attribution, the defective product
will have to be turned over to www.athifea.com in its packing
of origin, complete (with notes, accessories, etc), the unit protected
by a on-packing making mention in a visible way of the number of
return communicated by www.athifea.com, the good of return being
joined in the parcel before the sending.
All the expenses and risks related to the return of the defective
product are the responsibility of the customer.
All product whose guarantee period would be expired will not be
dealt with by www.athifea.com.
None of the two parts will have failed in its contractual obligations,
insofar as their execution is delayed, blocked or prevented by a
fortuitous occurence or a cause beyond control.
Will be regarded as fortuitous occurence or cause beyond control
done everything or circumstances irresistible, external with the
parts, unforeseeable, inevitable, independent of the will of the
parts and which could not be prevented by these last, despite everything
the reasonably possible efforts.
The part touched by such circumstances will warn of it the other
in the ten working days according to the date on which it will have
been informed of it.
The two parts will approach then, within impossibility, one month
except due to the case of absolute necessity, to examine the incidence
of the event and to be appropriate of the conditions under which
the execution of the contract will be continued.
If the case of absolute necessity A one duration higher than three
months, the present general conditions could be cancelled by the
injured part.
In way express, are regarded as case of absolute necessity or fortuitous
occurences, in addition to those usually retained by the decisions
of the courts and the American or French courts:
"the blocking of the provisioning or means of transport, earthquakes,
fires, storms, floods, the lightning;
"the stop of the telecommunications networks or difficulties specific
to the external telecommunications networks to the customers.
If one or more stipulations of these general conditions
are held for nonvalid or are declared such pursuant to a law, of
a payment or following a final decision of a court of jurisdiction,
the other stipulations will keep all their force and their range.
The fact for one of the parts of not prevailing itself
of a failure by the other part with the one of the obligations aimed
under the present general conditions could not be interpreted for
the future as a renunciation of the obligation in question.
In the event of difficulty of interpretation between
one of the titles appearing at the head of the clauses, and one
of the clauses, the titles will be declared non-existent.
The present general conditions are subjected to the law governing
the American Companies.
It is thus for the rules of funds as for the rules of form.
In the event of litigation or of complaint, the consumer will apply
in priority to the company Athifea Distribution
to obtain a friendly solution.
In accordance with the Data-processing law and Freedoms on January
6, 1978, you have a right of access, of correction, modification
and suppression concerning the data which concern you. You can exert
this right by sending a mail to us to the following address:
Athifea Distribution LLC - Email : info@athifea.com
(France)
The treatment automated of personal information on our Site www.athifea.com
was declared near the National Commission of Data processing and
Freedoms.
The site www.athifea.com is a publication of Athifea
Distribution LLC
For all information and questions, our Customers Service is at your
disposal:
- By the Form of Contact: connection on our site on our page
"CONTACT".
- By email with info@athifea.com
Athifea
Distribution LLC
