I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The Customer must read the T&Cs before placing any order (the “Order”), the T&Cs being available on the Site.
Ananda reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale being that appearing online on the Site at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the General Conditions of Sale by the Customer by clicking on the button "I have read and accept the general conditions of sale".
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
The Site is accessible to all users of the internet network in principle 24 hours a day, 7 days a week, except interruption, scheduled or not, by Ananda or its service providers, for the needs of its maintenance and/or security or in the event of force majeure. (as defined below). Ananda cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
Ananda does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Sites or their contents. Ananda cannot be held responsible for data transmission, connection or network unavailability problems.
Ananda reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of provision of services, in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
III. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Customer Account").
The Customer's registration on the Site is validated after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Ananda cannot be held responsible for the impossibility of delivering Products.
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Ananda . As such, Ananda cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.
Ananda takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
The Customer can select as many Products as he wishes which will be added to the basket (the “Basket”). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validation of his Order. Validation of the Order constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, the Products purchased, their price as well as the associated costs.
As part of a promotional operation and/or product offered, the customer undertakes to pay for at least one product in their order to be able to benefit from said offer.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Ananda . To this end, the Customer formally accepts the use of email for confirmation by Ananda of the content of his Order. Invoices are available in the “my account” section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
Ananda reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite the best efforts of Ananda to meet the expectations of its customers, the latter may have to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
Ananda cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after the sending the confirmation email summarizing the Order.
VII. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Site in euros, VAT included, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France.
Ananda reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash upon placing the Order.
Payment for purchases is made via Viva Wallet.
The Customer expressly acknowledges that the communication of his bank card number to Ananda constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of Order cancellation for non-payment is sent to the Customer per year to the email address provided by the Customer when registering on the Site.
The data recorded and stored by Ananda constitute proof of the Order and all past sales. The data recorded by Viva Wallet constitutes proof of any financial transaction occurring between the Client and Ananda .
Deliveries are ensured by the Post Office's Colissimo 72H service, from Monday to Saturday, depending on the option chosen by the Customer when validating their Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery” section.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company ). Delivery cannot be made to hotels or to post office boxes.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order, the Customer may choose to have the Order returned or to be reimbursed.
Ananda delivers the Orders within a maximum period of principle of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after validation of the Order (note that Ananda does not deliver the Products to the following countries: Canada). The day after a special operation is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the above, Ananda cannot be held responsible for the damaging consequences resulting from a delivery delay, only the reimbursement of the Product by Ananda being possible to the exclusion of any other form of compensation.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and terms for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Ananda , without having to justify his decision.
9.2. Terms of return of the Order within the framework of the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order at his own expense, without undue delay and, at the latest, within fourteen (14) days following communication of his decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original, new, unopened condition.
9.3. Reimbursement of Products returned within the framework of the right of withdrawal
Ananda makes the reimbursement using the same means of payment as that which was used to pay for the Order, unless expressly agreed by the Customer to use another means of payment and to the extent that the reimbursement does not cause any costs for the consumer.
In the absence of compliance by the Customer with these General Terms and Conditions, Ananda will not be able to reimburse the Products concerned. In all cases, return costs are the responsibility of Ananda if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. WARRANTIES - LIMITATION OF LIABILITY
The responsibility of Ananda with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Ananda will under no circumstances be liable for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of planned savings
- data loss
- loss of working or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral harm.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.
Ananda makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or to interfere with the proper functioning of the computer, including any transmission resulting from a download of any content carried out by the Client, software used by the latter to download the content, from the Site or from the server which allows access to it. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. this order proving harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content.
Ananda is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
Apparent defect - Guarantee - Legal conformity - Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by email (email@example.com)
The Customer must comply with the procedure relating to the right of withdrawal by informing in advance by any means Ananda of the existence of this apparent defect, so that the return can be accepted.
Ananda whose head office is located at 61 rue Bichat - 75010 Paris , France, acts as guarantor within the meaning of the provisions of articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
Thus the Customer:
- benefits from a period of two (2) years from delivery of the Product to act in the event of lack of conformity of the Product,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
- can choose between repairing or replacing the Product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.
The hidden defects guarantee allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the complaint to the head office. Benda Bili social service, after sending an email indicating the reason for returning the Product.
For all purposes, the following legal provisions are recalled:
Art. L217-4 of the 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 has been carried out under his responsibility. »
Art. L217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) 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, particularly in advertising or 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. »
Art. L217-7 of the Consumer Code: “Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Art. L217-8 of the Consumer Code: “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »
Art. L217-9 of the 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. »
Art. L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. »
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Art. 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 so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »
Art. 1646 of the Civil Code: “If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
Art. 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. (…) »
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, Ananda informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Ananda or the Client without compensation from either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
XI. PARTIAL INVALIDITY
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.