TERMS OF SALES
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Conditions of Sale (“the General Conditions of Sale”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company OUTSIDEMYBOX (“the Company”).
1.2 Any Order placed on the website www.awahena.com implies prior and unrestricted acceptance of these General Conditions of Sale, which are subject to Irish law. These General Terms and Conditions therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These General Terms and Conditions apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he is a natural person over 18 years of age, acting for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful information regarding his identity.
1.4 EXCLUSION: Persons acting in a professional capacity, that is to say natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, artisanal activity; liberal or agricultural, including if they act in the name or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These General Terms and Conditions can be consulted on the Company's website at the following address: https://www.awahena.com/pages/conditions-generales-de-vente and can be downloaded in pdf format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order placement process
To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to place the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, terms and delivery costs. It is then up to them to check and possibly correct the contents of their basket.
These General Terms and Conditions. It is up to him to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click results in a payment obligation on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to pay for his Order.
After validating his Order and making his payment, the Customer receives, on the email address he provided to create his account, a confirmation message from the Company. This message contains, in pdf format:
The summary of your order (selected product, price, terms and delivery costs);
The precise identification of OUTSIDEMYBOX and its activity;
The Order number;
The terms, conditions and withdrawal form;
These General Terms and Conditions in pdf format.
If the Order confirmation is not received, the Customer is recommended to contact the Company via the contact form on the site.
The Customer then receives a purchase invoice transmitted in electronic form, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in compliance with the General Terms and Conditions;
- Quantities ordered not corresponding to normal use by a Consumer Customer;
- Non-payment of a previous Order or ongoing dispute concerning a previous Order;
- Suspicion of fraud on the Order (supported by a body of consistent evidence).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company's websites.
3.2 Availability of Products
Product offers are valid while stocks last from our suppliers. This availability of Products is normally indicated on the specific Product page.
However, to the extent that the Company does not reserve stock (except in specific cases of Products indicated as pre-order on the Product sheet), placing a Product in the basket does not absolutely guarantee the availability of the Product. Product as well as its price.
In the event that a Product becomes unavailable after validation of the Customer's Order, the Company will inform the Customer immediately by email. The Order will be automatically canceled and the Company will reimburse the price of the Product initially ordered, as well as any sum paid under the Order.
However, if the Order contains other Products than those that have become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRODUCT PRICES
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined based on the prices at which the Product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of brands is modified.
4.2 Modification of prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated excluding tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in effect on the site at the time of validation of the Order.
4.3 Product prices
To the extent that many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and excluding customs duties) unless otherwise indicated. opposites. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be fully payable by the Customer, who is liable for these taxes as the recipient. of the product.
The prices of the Product(s) do not include the costs of packing, packaging, shipping, transportation, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaring and paying import VAT upon customs clearance of the Product. He may be asked to pay import VAT. To the extent that this tax is not the responsibility of the Company, it cannot be required to reimburse this tax.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and amounts.
They will be the responsibility of the Customer and are their responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to obtain information on these aspects from the corresponding local authorities.
Article 5 – PAYMENT OF THE PRICE OF PRODUCTS
5.1 Timing of payment
Payment of the entire price of the Order must be made immediately after validation of the order. Order.
The Company may, exceptionally, grant payment in several installments, in particular taking into account the amount to be paid and the knowledge it has of the Customer concerned. However, the Company has no obligation to grant such payment terms. In the event of a special situation, the Customer may make a request by contacting the Company's Customer Service at the following address:
OMB, 87018 Albuquerque, New Mexico, United States or via email service@awahena.fr
5.2 Payment methods
To pay for their Order, the Customer can choose between different payment methods:
Payment by credit card :
Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The customer guarantees the Company that it has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of its bank card number constitutes authorization to debit its account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of use of this payment method, the General Conditions of Use of Paypal, which are available on their site, are added to these General Terms and Conditions.
Payment by vouchers and/or promotional codes
Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of attempted fraudulent use of vouchers and/or promotional codes, the Company may simply cancel the Order.
Generally speaking, in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend one of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning an Order. former.
The Company reserves the right to set up an Order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send by email or post to the Company a copy of an identity document, proof of address as well as a copy of the bank card used for payment. . Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the parts sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before validation of the Order, the Company communicates to the Customer information concerning the different delivery methods as well as their respective prices. Following the Customer's choice of delivery method, the Company communicates an estimate of the delivery time.
The Company will make every effort to ensure that the Product(s) are delivered no later than the date scheduled for delivery. In the event of a difficulty, the Company undertakes to communicate quickly with the Customer to inform them and seek an appropriate solution with them.
Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer (“Delivery Costs”). These delivery costs are included in the final price invoiced to the Customer when placing the Order. However, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the terms chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to carefully check the instructions provided for delivery. because he remains solely responsible in the event of non-delivery due to incomplete or incorrect information.
6.2 Customs clearance
When purchasing, the Customer purchases the product tax free and becomes the importer of the product purchased in his capacity as recipient of the Product.
He is therefore particularly responsible for the import and customs clearance processes of the product with local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than €150).
The Customer is solely responsible for the process of declaring customs duties during customs clearance of the Product. These customs duties, which are not invoiced to the Customer by the Company, do not fall within the jurisdiction of the Company. The latter cannot therefore be held responsible for the reimbursement of these rights.
6.3. Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
If an anomaly is noted, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period starts from receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.
7.2 Exclusions
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
The supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods likely to deteriorate or expire quickly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction;
7.3 Conditions for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing his intention to withdraw in the 14 day period mentioned above.
Standard model of withdrawal form:
Attn: OMB Corporation , 87018 Albuquerque, New Mexico, United States.
I, the undersigned ______, hereby notify you of my withdrawal from the contract relating to the sale of the Product below:
Product Name:
Date of order and receipt:
Order number :
Withdrawal request tracking number:
Client name :
Customer Address:
Date :
This form must be sent to the Company at the address: service@awahena.fr
The Customer has a period of 14 days from sending the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being the exclusive responsibility of the Customer.
Please note that a refund will not be granted if the customer wishes to benefit from a more attractive reduction. It is the customer's attention to pay close attention to current offers on the merchant site.
The Products must be returned in their original condition and complete (blister packaging, accessories, instructions, etc.) to allow resale by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not provide any reimbursement and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Company will reimburse all sums paid by the Customer, delivery costs included, within 14 days of notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only reimburse after receipt and verification of the condition of the returned Product.
This reimbursement will be made using the same means of payment as that used by the Customer to pay for the Order, unless expressly agreed by the Customer for another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 – GUARANTEES
8.1 Legal guarantees
The Company remains liable for defects in the conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the item sold in accordance with articles 1641 et seq. of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Consumer Customer:
Benefits from a period of 2 years from delivery to act
Can choose between repair or replacement of the Product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code
Is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the good if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.
The Customer can also decide to act within the framework of the legal guarantee against hidden defects within the meaning of article 1641 of the Civil Code, the Customer can choose between the resolution of the sale or a reduction of the price, in accordance with the article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
“The seller delivers 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 carried out under his responsibility. »
L.217-5 Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods 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 having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or in 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. »
L.217-9 Consumer Code
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
1641 of the Civil Code
“The seller is bound by the guarantee for hidden defects in the thing 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 would not would have given a lower price for them, if he had known them. »
1648 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. […] »
8.2 Manufacturer's Warranty
Certain Products on sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not directly party.
The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.
If the Customer wishes to use this guarantee, he should notify the Company by contacting Customer Service and himself consult the terms of application of the guarantee, which are generally included in the box. regarding the Product.
Please note that benefiting from the Manufacturer's Guarantee does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, the data controller, collects a certain number of mandatory personal data (including, in particular, surname, first name, delivery address, etc. which are indicated by an asterisk) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Customer to communicate this information would result in it being impossible to process their Order.
This data is intended for internal use by the Company but may be transmitted to companies which contribute to the execution of the service, including in particular those which ensure deliveries of Products or ensure payment processing.
Concerning this personal data, the Customer has several rights:
Right of access to personal data concerning him;
Right of rectification and deletion if the personal data is inaccurate, incomplete, equivocal, out of date or if the collection, use, communication and retention of certain data is prohibited;
Right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to data processing (particularly in the event of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the conservation, erasure and communication of your personal data
Right to withdraw consent to carry out certain processing (processing carried out before withdrawal of consent remains lawful)
To exercise his rights, the Customer can send a request to the Company by email to the address service@awahena.fr
The request must mention the Customer's email address, their first and last names, postal address and must be accompanied by a copy of their double-sided identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not result in any transfer of intellectual property on the Products sold.
Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.
Article 11 - FORCE MAJEURE
The Company cannot be held responsible for non-performance of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The Company will notify the customer of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary stated herein, the Company cannot under any circumstances be held responsible in the event of loss or damage due to inappropriate use of the Product(s) by the Customer, including in particular a modification or alteration of the Product(s). of Product(s) not authorized by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the General Terms and Conditions, or generally the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the Site, without the prior authorization of the Company.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
For each Order, the Order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, in which exchanges are recorded on a reliable and durable medium, are considered proof of communications, orders, payments and transactions between the Customer and the Company. They may be produced as proof of the Contract.
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.
The Client will have access to the archived elements upon simple request at the address service@awahena.fr
Article 15 - NULLITY AND MODIFICATION OF THE CGV
If any of the stipulations of these General Conditions of Sale are void, it will be deemed unwritten, but will not result in the nullity of all of the contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these T&Cs, whatever the frequency and duration, cannot constitute a modification of the T&Cs, nor generate a any right for the Customer.
Article 16 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These General Terms and Conditions are subject to Irish law.
Any Order placed on the website implies prior and unrestricted acceptance of these General Conditions of Sale, which are subject to Irish law. These General Terms and Conditions therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read them and accepted them, without restriction or reservation, before placing the Order.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.