General Conditions of Sale
Notice: Please read this document carefully before using this website. Do not use this website if you do not agree to the terms and conditions contained in this document. Use of this website constitutes compliance with these terms of use.
1. Definitions
Article: Products of any kind offered for sale on the Site.
Customer: non-commercial natural person with full legal capacity, placing the Order.
Order: commitment to purchase the Item or all of the Items selected by the Customer via the Site.
Website: website published by Aïdama at www.aidama.fr.
2. Purpose
These general terms and conditions of use and sale, hereinafter "CGUV", apply exclusively, without reservations or restrictions, to any order, between any Customer and the company Aïdama whose registered office is 53 quai de Valmy 75010, registered in the Paris Trade and Companies Register under number 932 153 422 RCS Paris, hereinafter "AIDAMA".
Validation of an Order following the order procedure in force on the Site constitutes acceptance of the prices and the General Terms and Conditions.
These T&Cs prevail over any other document.
3. Characteristics of the articles
The Items available for sale are those listed on the Site while stocks last. Offers are valid as long as they are visible on the Site and the Customer can add the Item to their cart. Aïdama reserves the right to withdraw from sale, at any time and without notice, any Item present on the Site and/or to replace or modify any information associated with the Items appearing on this Site.
In the event that an Item is unavailable after placing an Order, the Customer will be informed by email and the order will then be automatically cancelled.
The characteristics of the Items (photographs, size guides, graphics, descriptions of the Items, etc.) are given for information purposes only and may vary over time. Only the visual of the Item displayed at the time of the Order must be taken into account by the Customer. The characteristics and visuals are not contractual.
In the event of errors or omissions relating to the description of an Item, Aïdama's liability is limited to the reimbursement of the standard return costs (postal rate) of the Item incurred by the Customer.
4. Ordering items
The Customer declares to be at least 18 years old and to have the legal capacity, or if he/she is a minor, guarantees to have parental authorization to place his/her Order. To place an Order, the Customer must follow the online purchasing process and click on "Order" to submit the Order. Validation of the Order by the Customer constitutes confirmation of acceptance of the General Terms and Conditions, the content of the Order, its price and the associated costs.
Any Order is subject to prior acceptance by Aïdama.
Aïdama reserves the right to cancel, delete and refund any order deemed abusive due to too many returns or containing too many items ordered.
5. Price of items
Prices are indicated on the Site in euros, all taxes included (TTC), excluding processing and shipping costs. They take into account VAT and any discounts applicable on the day of the Order.
The prices of the Products are exclusive of delivery costs (shipping, packaging and preparation of the package according to the amounts in force).
The amount of shipping costs is specified on the Site before validation of the Order.
Aïdama reserves the right to modify the prices of the Items at any time, the Items being invoiced on the basis of the rates in effect at the time of validation of each Order. The price of the Items invoiced is therefore that indicated at the time of the Order. Regarding sales outside the European Union, it is expressly recalled that customs clearance costs, payment of various duties or taxes are the responsibility of the Customer, Aïdama cannot be held responsible for them.
6. Payment of the order
The Order is payable immediately by bank card (CB, Visa, MasterCard).
For sales outside the European Union, please note that customs clearance fees and the payment of various duties and taxes are the responsibility of the Customer. Transactions carried out on the Site are secure for the entry of payment data: card number, expiration date, and the visual cryptogram.
7. Delivery conditions
The Customer will receive an Order number by email confirming that it has been processed and will be informed of the various stages of their Order by email (to the email address provided by the latter). The Items ordered will be delivered within a period defined when the order is finalized, but not exceeding thirty days from the registration of the Order, subject to full payment of the price. The Customer is offered several delivery methods chosen by the Customer and at the Customer's expense. Standard shipping costs, for France, amount to 4 euros including tax. The Customer is informed that it is their responsibility to provide the details necessary for the proper delivery of their Order (access code for example).
If the delivery address provided by the Customer is not valid and therefore results in the package being returned for non-receipt at the address provided, the cost of reshipping the package to the new address provided will be borne by the Customer. The Customer assumes full and exclusive risk relating to the Items from the time of their delivery.
8. Delivery times
The Items are delivered to the delivery address indicated by the Customer when placing the Order no later than the date indicated when placing the Order, depending on the country of delivery. Each delivery is deemed to have been made as soon as the package is made available to the Customer. Aïdama cannot be held responsible for any delay in delivery due to the Customer's unavailability.
9. Return - Right of withdrawal
In the event of delivery of an Item that does not correspond to the Customer's Order, the Customer may return said Item to Aïdama by following the procedure set out below. The Customer has the right to cancel his order at any time within 14 calendar days following the date on which he received the products and this without having to justify reasons or pay penalties. Beyond this period, the sale is considered firm and therefore final. If the Customer wishes to exercise his right of withdrawal, he must contact customer service at contact@aidama.fr and follow the instructions given to him.
The cost of return shipping is the responsibility of the Customer. The Item(s) must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging) and in perfect condition for resale (undamaged, unused, unsoiled or washed by the Customer). After checking the returned Items, Aïdama undertakes to reimburse the Customer for the full amount paid for their Order.
We promise to refund you using the same payment method used to pay for the order. If your payment method has expired, we will only issue a credit note for the amount of the returned item(s), or for the entire order if it is returned in full. No refund will be issued to any account or payment method other than the one used for the order.
10. Guarantees
In accordance with the legal provisions in force, the Customer benefits from the legal guarantee of conformity against defects of conformity existing at the time of delivery and the legal guarantee against defects or hidden defects of the Products sold. The Customer must notify the carrier and Aïdama of any reservations regarding the Products delivered. Any complaint regarding the Products, in particular in the event of a defective, damaged, non-compliant Product or apparent defect, must be notified by the Customer to Aïdama without delay by email to the contact details provided on the Site, specifying the Product(s) concerned, the nature and type of defect. It is the Customer's responsibility to provide all supporting documentation on the reality of the defect observed. Aïdama may request one or more photos of the Product. In the event of a return accepted by Aïdama, in particular in the event of a lack of conformity, the Customer will have the choice between repairing the Item if possible, reimbursement or replacement of the Item with an equivalent Item offered by Aïdama.
In accordance with the provisions of the Consumer Code, Aïdama may not proceed according to the Customer's choice (repair or replacement) if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the Product or the extent of the defect. If repair and replacement are impossible, the Customer may return the Product and have the price refunded or keep the Product and have part of the price refunded. Aïdama's liability and the warranty are excluded in the event of a defect resulting from the use of the Item by the Customer and in particular from abnormal use, poor maintenance or failure to comply with maintenance conditions.
Reminder of the applicable legal provisions:
Art. L. 211-4 of the Consumer Code: “The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under his responsibility by the contract or has been carried out under his responsibility.”
Art. L. 211-5 of the Consumer Code: “To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: a) correspond to the description given by the seller and possess the qualities that the latter has presented to the Customer in the form of a sample or model; b) present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling. 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and which the latter has accepted.”
Art. L. 211-7 of the Consumer Code: “Lack of conformity which appears within six months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”
Art. L. 211-7 of the Consumer Code: “If the repair and replacement of the goods are impossible, the buyer may 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 upon in application of Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter, taking into account the nature of the property and the use sought. However, the sale cannot be cancelled if the lack of conformity is minor.
Art. L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”
Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would have paid a lower price for it, if he had known of them.”
Art. 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
11. Convention on Evidence
The Customer acknowledges and accepts that the Order recording systems provide proof of all transactions between Aïdama and the Customer.
12. Liability
Aïdama reserves the right to modify the information on the Site at any time and without notice.
Aïdama undertakes to describe the Items sold on the Site as accurately as possible and to ensure that the information published on it is updated as best as possible. However, Aïdama cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site. In the event of non-substantial differences between the photos presenting the Items on the Site, texts and illustrations and the Items ordered, Aïdama cannot be held liable.
Aïdama cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.
In particular, Aïdama will not be held responsible for any non-performance or delay in the performance of Orders caused by events beyond its control (“Force Majeure Events”).
13. Intellectual Property
The Site and its elements, such as photographs, visuals and texts, are intellectual works protected by the Intellectual Property Code. Any reproduction, copy, imitation, modification, adaptation or public representation, even partial, is prohibited and constitutes an infringement. Any creation of hypertext links to the home page of the Site, or any other page of the Site, is strictly prohibited and subject to the prior written consent of Aïdama.
14. Protection of personal data
With the exception of third parties whose intervention is necessary for the processing and execution of Orders, Aïdama undertakes not to communicate to third parties the personal data concerning the Customer without his prior authorization. The Customer has a right of access, modification, rectification and deletion of personal data concerning him which he can exercise by writing to the following address: contact@aidama.fr .
15. Cookies
The user is informed by connecting to the Site that it uses cookies (connection witnesses) which allow information relating to the navigation of the Client's computer on the website to be recorded. These cookies are only installed after acceptance by the Client, the continuation of navigation on the website being deemed acceptance. The Client may object to the use of these cookies, knowing that access to certain services may require prior acceptance by the user of cookies.
16. Modification of the T&Cs
Aïdama reserves the right to modify these T&Cs at any time. The new T&Cs will, where applicable, be brought to the attention of the Customer by online modification and will only apply to sales made after the modification.
17. Applicable law
These General Terms and Conditions are subject to French law. Any dispute will fall under the exclusive jurisdiction of the Paris court, in the absence of a prior amicable agreement between the Client and Aïdama.
To resolve your disputes, you must first send us a written complaint to contact@aidama.fr .
18. Partial disability
If one or more provisions of these T&Cs should be declared invalid pursuant to a law, regulation or following a final court decision, the other provisions will retain their full force and scope.
19. Non-waiver
No silence or delay, no tolerance or inaction from Aïdama may be interpreted as a waiver of its rights under the T&Cs.
MANDATORY LEGAL NOTICES
It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
1. PERSONAL DATA
All your account information is used exclusively for your business relationship with Aïdama. This information is never shared with third parties or resold. We never have your banking information. Transactions are processed entirely by STRIPE.
In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the site has been declared to the CNIL (National Commission for Information Technology and Freedoms).
2. PUBLISHER
Company name: Aïdama
Legal form: Simplified joint stock company (Single-member company)
SIRET number: 93215342200013
Company Director: Joachim Meuleau
Contact: contact@aidama.fr
3. ACCOMMODATION
This site is hosted by OVH. SAS OVH, 2 rue Kellermann – 59100 Roubaix – France 08 203 203 63
3. CREATION OF THE SITE
This site was developed by Aïdama.
