General terms and conditions
1. Definitions
We will designate hereafter:'Site' or 'service': the site https://amzing.fr/ and all of its pages. 'Products': all of the products (material) and services (immaterial) that it is possible to buy or to which it is possible to subscribe on the site.Editor' : The person, moral or physical, responsible for the edition and the contents of the site https://amzing.fr/.Customer' : The Internet user visiting, using the services or purchasing a product or service on the site https://amzing.fr//.User' : The Internet user visiting and using the services of the site https://amzing.fr/.
2. Information required by the law of confidence in the digital economy, purpose of the site and designation of parties
This site is edited by Mr. Jean-Richard SANCHEZ, registered in the SIRENE under the registration number 429 306 145 RCS Draguignan and whose head office is located at BP, 83550 VIDAUBAN, FRANCE Intra-community VAT number : FR74429306145. The site is hosted by OVH. The site is of free access to any Internet user. The acquisition of a good or a service, or the creation of a member space, or more generally the navigation on the site https://amzing.fr/ supposes the acceptance, by the Internet user, of the entirety of the present general conditions, which recognizes of the same fact to have taken fully knowledge. This acceptance will consist, for the Internet user, in checking the box corresponding to the following sentence: "I acknowledge having read and accepted all the general conditions of the site. "This ticking of the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring a contrary proof, he renounces to dispute them in case of litigation. The acceptance of the present general conditions supposes on the part of the Internet users that they enjoy the legal capacity necessary for that. The applicable conditions will be those in force at the date of the visit by the buyer. https://amzing.fr/ reserves the right to modify its general conditions at any time.
3. Characteristics of the products and services offered
These general terms and conditions of sale apply only and exclusively to the physical or digital services and products sold by AMZing and supplied by AMZing and paid directly to AMZing.These terms and conditions do not apply to physical or digital products and services that are linked to a third-party vendor free of charge or as part of an affiliate program. The physical or digital products and services are then subject to the guarantees and terms and conditions of the third party vendor without any moral or financial responsibility on the part of AMZing.The products and services offered by AMZing are those listed in the catalog published on https://amzing.fr/ and do not include products that are subject to an affiliate link and sold by a third party vendor. These products and services are offered within the limits of available stocks. Each product is accompanied by a description established by AMZing according to the descriptions provided by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they can not ensure a perfect similarity with the physical products.
4. Rates
The prices appearing in the catalog are prices all inclusive of tax (TTC), in euros, taking into account the VAT applicable to the day of the order. https://amzing.fr/ reserves the right to pass on any change of the rate of VAT on the price of products or services. https://amzing.fr/ also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog the day of the order will be the only one applicable to the purchaser.
5. Espace membre
The user registered to the site (member) has the possibility of accessing it by connecting thanks to his identifiers (e-mail address defined at the time of his registration and password). The user is entirely responsible for the protection of the password he/she has chosen. He is encouraged to use complex passwords. In case of forgotten password, the member has the possibility to generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account. The creation of a personal space is a prerequisite to any order or contribution of the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information. The purpose of the data collection is to create a "member account". This account allows the customer member to consult all his orders made on the site. If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only an informative character. The pages relating to the members' accounts are freely printable by the holder of the account in question but do not constitute a proof, they have only an informative character intended to ensure an effective management of its orders or contributions by the member. The publisher reserves the exclusive right to delete the account of any member who has contravened these terms and conditions (including, but not limited to, when the member has knowingly provided false information when registering and creating his personal space) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute a damage for the excluded member who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the editor, to undertake legal proceedings against the member, when the facts will have justified it.
6. Site activities
The purpose of this site is determined as "retail sale of all articles/products not regulated in all its forms of operations and all services that can be related to it, as well as all import-export operations related to this activity".
7. Exemption from liability of the publisher in the performance of this contract
In case of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to claim any damage or compensation. The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Internet users and cannot in any way give rise to the granting of damages on behalf of the site or its editor. The photographs and visuals of the products presented on the site have no contractual character, the responsibility of the editor of this site could not be committed if the characteristics of the objects differ from the visuals present on the site or if these last ones are erroneous or incomplete. The hypertext links present on the present site can refer to other Internet sites and the responsibility of the editor of the present site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the editor of the present site cannot be engaged if the visit, by the Internet user, of one of these sites, would cause him a damage.
8. Geographical limitation of use
The site https://amzing.fr/ has no geographical limitation of use.
9. Intellectual property rights relating to the elements published on this site
All the elements of the present site belong to the publishing company. Any copy of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting. Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute him a damage, without reserve of possible later legal proceedings against him, at the initiative of the editor of the present site or his agent.
10. Contribution of Internet users to the content of the site
Internet users are offered the possibility to contribute to the content of this site, by publishing comments. Contributions, in the form of notes or comments, must be made in French and will be subject to validation by the editor or his team of moderators. The contributors are informed that the editor of the site, represented if necessary by the moderators, can choose to publish the article in question on the newsletters of this site and on the sites of all its partners, in charge for the editor to quote the pseudonym of the author of the contribution. The author therefore waives his rights on the content of the contributions, in favor of the editor of the site, for any distribution or use, even commercial, on the Internet, this, of course, always in respect of the authorship.
11. Brands
The trademarks and logos contained in the site https://amzing.fr/ are registered by AMZing, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.
12. Limitation of liability
The editor of the site, in particular in the process of sale on line, is held only by an obligation of means; his responsibility could not be committed for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or others. https://amzing.fr/ could not be held for person in charge of the non-fulfilment of the concluded contract, due to the occurrence of an event of absolute necessity and in particular in the event of all-out strike or partial of the postal services, carriers, and disasters caused by floods or fires. Concerning the bought products, https://amzing.fr/ will incur no responsibility for all indirect damage because of the present, loss of exploitation, loss of profit, damage or expenses, which could occur. The choice and the purchase of a product or a service are placed under the only responsibility of the customer. The total or partial impossibility of using the products in particular because of incompatibility of the material cannot give place to any compensation, refunding or questioning of the responsibility of https://amzing.fr/, except in the case of a hidden defect proven, of nonconformity, of defect or exercise of the right of retractation. In the event of non-delivery of an order or part of an order, the customer has a maximum of six months (from the date of departure from the warehouses) to make a complaint. Beyond this period, we will not accept any claim. The user expressly admits using the site https://amzing.fr/ at his own risk and under his exclusive responsibility. The site https://amzing.fr/ provides the user with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any case, https://amzing.fr/ can in no way be held responsible for: any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data that may result from the use of the site https://amzing. fr/, or on the contrary of the impossibility of its use; of a dysfunction, an unavailability of access, a bad use, a bad configuration of the computer of the user, or the use of a navigator little used by the user; of the contents of the advertisements and other links or external sources accessible by the user from the site https://amzing.fr/
13. Access to the site
The site https://amzing.fr/ is accessible to the user at least 23 hours a day, 7 days a week unless otherwise specified. AMZing cannot be held responsible for the technical unavailability of the connection, whether this is due to a case of force majeure, maintenance, updating, modification of the site, intervention by the host, an internal or external strike, a network failure, a power cut, or a poor configuration or use of the user's computer.
14. Closing an account
Each user is free to close his account and his data on the site. For this, the member must send an e-mail to [email protected] indicating that he wishes to delete his account. No recovery of his data will then be possible.
15. Miscellaneous clauses
The present general conditions are subject to the application of French law. They can be modified at any time by the editor of the site or his representative. The general conditions applicable to the user are those in force on the day of his order or his connection to the present site. The publisher undertakes to keep all its former general conditions and to send them to any user who requests them. Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions will be able to be subjected to the appreciation of the editor of the site before any legal action with a view to a friendly settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the Court of Appeal of the Commercial Court of Draguignan (France). If one of the clauses of the present general terms and conditions is declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect. For each article, the price indicated does not include transport. In the order confirmation, the total amount is the final price, including transport.
16. Use of Cookies
A 'cookie' allows the identification of the user of the site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The user acknowledges being informed of this practice and authorizes https://amzing.fr/ to use it. https://amzing.fr/ undertakes never to communicate the content of these 'cookies' to third parties, except in the case of legal requisition. The user can refuse the recording of 'cookies' or configure his browser to be warned before the acceptance of 'cookies'. To do this, the user must set the parameters of his browser.
17. How to place an order and description of the purchasing process
We will define below as "Basket" the immaterial object gathering all the goods or services selected by the user in view of a purchase, having clicked on these objects. Once the user considers that he has selected and added to his basket all the items he wishes to purchase, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page where he will be informed of the number and characteristics of the products ordered, as well as their unit price. If he wishes to validate his order, the Internet user will have to check the box relating to the ratification of the present general conditions of sale and click on the button of validation. The user will then be redirected to a page where he/she will have to fill in the fields of the order form. In this case, he/she will have to fill in some personal data about him/her, which are necessary for the proper processing of the order. Once the Internet user has filled in the form, he/she will be redirected to the online payment interface where he/she will be able to make his/her payment by credit card online or by bank transfer, or will have the confirmation to send a check, if necessary. After a few moments, the Internet user will be sent an e-mail confirming the order, reminding him of the content of the order and the price of the latter. The prices indicated on the site are in Euros, all taxes included. These prices can be modified at any time by the publishing company, it is up to the buyer to check the conformity of the price during the validation of the order. The delivery costs will, in any case, be indicated to the customer before any payment. The site https://amzing.fr/ has no geographical limitation of delivery, the orders can be dispatched everywhere in the world. The products and articles sold remain the property of the salesman until complete payment of their price, in accordance with the present clause of property reserve.
18. Payment Information
The Internet user can place an order on the present site and can pay by online payment, bank transfer or cheque. Payments by credit card are made through secure transactions provided by the STRIPE online payment platform. This site does not have access to any data relating to the user's means of payment. Payment is made directly to the service provider. In the event of payment by cheque or bank transfer, the delivery periods defined in the article below only begin to run from the date of effective receipt of payment by the seller, the latter being able to provide proof of this by any means. The availability of products is indicated on the site, in the description of each item.As of January 1, 2013, in accordance with Article L441-6 of the Commercial Code, any delay in payment will result in the payment of a fixed indemnity for collection costs of 40 euros (Decree D441-5 of the Commercial Code).
19. Livraison ou mise à disposition
The orders are delivered by the service provider defined by the manufacturer, within a maximum of 7 days additional to the delivery time indicated on the product sheet. This delivery time is effective only from the perfect collection of the totality of the order. These orders can be the subject of several packages and as such can be delivered by several providers and in several times. The buyer is obliged to check the conformity of the goods delivered at the time of delivery. Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products...) must be indicated by the buyer on the delivery order, in the form of handwritten reserves, accompanied by the signature of the buyer. The buyer must open the damaged or defective package(s) in the presence of the carrier and have him/her take back the damaged goods. At the same time, he will confirm this anomaly by sending to the carrier within 24 hours of receipt a registered letter with acknowledgment of receipt stating the said claims, a copy of which will be sent to AMZing within the same timeframe and conditions. If the buyer fails to comply with these instructions and if, as a result, the seller loses his right of recourse against the carrier, the buyer alone shall bear the consequences of the damage in transit. Any claim not made in the rules defined above and within the time limits could not be taken into account and will release AMZing from any responsibility towards the buyer. Upon receipt of the claim, AMZing will communicate by email, fax or telephone to the buyer the terms of exchange of the products. In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the company AMZing in its entirety, in perfect condition and in its original packaging, and this by the carrier who made the delivery. Any defect resulting from a clumsiness or a false maneuver of the purchaser could not be imputed to us. In accordance with article L.121-20 and paragraphs of the Consumer Code, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and ask for an exchange or refund without penalty, except for the cost of return. The product must be returned in perfect condition and in its original undamaged packaging. If necessary, it must be accompanied by all its accessories. If the above obligations are not fulfilled, the buyer will lose his right of withdrawal and the product will be returned at his expense. Return costs for withdrawal: the return costs in case of withdrawal remain at the expense of the buyer and the latter must be able to prove the return of the package by choosing a solution "followed" of the sending of the package. Method of refund: after receipt and acceptance of the return, will proceed to a refund by check or transfer. In order to properly process the request, the customer is asked to attach a copy of the invoice.
20. Processing of packages: NPAI / unclaimed / refused
If the buyer's package is returned to AMZing by the Post Office or other service providers, AMZing will contact the buyer upon receipt of the returned package to ask him/her what to do with his/her order. If the buyer has refused the parcel by mistake, he/she may request the return of the parcel by paying the shipping costs for the new shipment. The shipping costs must be paid even for orders where the shipping costs were offered at the time of the order. Unclaimed/refused orders will be subject to a deduction equal to the amount of the shipping cost when refunded.
21. Provisions relating to consumer rights under the CHATEL Act
The customer service of the present site is accessible by e-mail at the following address: https://amzing.fr/ or by mail at the following address: BP, 83550 VIDAUBAN, FRANCE in which case the editor undertakes to provide an answer within 7 days. In accordance with the legislation in force, the consumers have a 14 days deadline as from the date of reception of the parcel to ask for the exchange or the refunding. In order to exercise this right, it is up to them to return (at their own expense) the parcel to the address of the AMZing company headquarters, accompanied by an explanatory letter requesting either a refund or an exchange. Any delay in delivery exceeding seven working days may result in the termination of the sale at the initiative of the consumer, upon written request from him by registered letter with acknowledgment of receipt. The consumer will then be refunded, within a maximum of thirty days, of the sums which it engaged at the time of its order. This clause is not intended to apply if the delay in delivery is due to a strike of the personnel employed by the carrier or to a case of force majeure, independent of the will of the publisher. In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to take advantage of the resolution of the sale provided for in this article.
22. Warranty for products purchased on this site
All the articles acquired on the present site profit from the following legal guarantees, envisaged by the Civil code;Guarantee of conformity:According to articles L. 211-1 to L. 212-1 of the Code of the consumption, the salesman is held to deliver a good in conformity with the contract and to answer of the defects of conformity existing during the delivery of the good. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the product. However, when the defect appeared within 6 months after this date, it is presumed to meet this condition. On the other hand, after this period of 6 months, it will be up to the customer to prove that the defect existed at the time of taking possession of the good. Warranty of hidden defects : According to articles 1641 to 1649 of the Civil Code, the customer may request the exercise of the warranty for latent defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not resulting from normal wear and tear of the product for example), and are sufficiently serious (the defect must either make the product unfit for the use for which it is intended, or diminish this use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price if he had known about the defect)."In case of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by mail to the following address BP, 83550 VIDAUBAN, FRANCE or by email to [email protected] within ten days of the delivery date. The shipping costs for the return of the goods are at the buyer's expense. In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the purchaser will be refunded by check or transfer of the amount of his order from which will be deducted the postal charges related to the sending of the first order.
23. Archiving
AMZing will archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
24. Framing of conditions
If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms describe the entire agreement between the User and the Website. They supersede any prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable or sub-licensable by the user himself. A printed version of the Terms and Conditions and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms of Use shall be in the French language.
25. Notifications
Any notice or notification concerning these terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service that allows regular tracking of its packages, to the following address BP, 83550 VIDAUBAN, FRANCE or by e-mail to [email protected], specifying your full name, contact information and subject of the notice.
26. Claims
Any claim relating to the use of the website, the service, or any related service, the site's pages on any social networks or the terms and conditions, legal notice or privacy policy must be filed within 365 days of the date the claim arose, regardless of any statute or law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred in court.
27. Inexactitudes
It is possible that the website and the services offered contain inaccuracies or errors, or information that is not in accordance with the general conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized changes are made by third parties on the site or on related services (social networks ...). We make every effort to ensure that such deviations are corrected. In case such a situation would escape us, please contact us at the following address BP, 83550 VIDAUBAN, FRANCE or by e-mail at [email protected] with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright inquiries, please refer to the section on intellectual property. AMZing reserves the right to cancel an order in the event of a pricing error or inaccurate information.
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