Terms of sale
OVERVIEW
The merchant site www.amxclothing.com (hereinafter referred to as the “Site”) is an e-commerce site accessible through the Internet, open to any user of that network (hereinafter referred to as “Internet User”).
It is edited by A.M.X. SASU (hereinafter referred to as “A.M.X Clothing”), a Simplified Single Shareholder Company with a capital of €10,000 whose registered office is located at 77 avenue Jean Mermoz 93120 La Courneuve.
Registered in the Bobigny Trade and Companies Register under number 822 203 253.
Intra-Community VAT No.: FR69 822 203 253
Tel.: 01 48 37 99
Email: contact@amx-clothing.com
The Site allows A.M.X Clothing to offer for sale textile products and accessories under the brands William de Faye, Assuili, C&Jo and Le Jardin du Lin (hereinafter referred to as the “Products”) to Internet users navigating the Site (hereinafter referred to as "Customers").
For the purposes of this agreement, it is agreed that the Customer and A.M.X Clothing will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the Customer who has validated an order will then be referred to as the “Buyer”.
These general conditions of sale apply to all the countries of the European Union, with the exception of Germany and the United Kingdom.
Any order for a Product offered on the Site implies the Buyer’s adherence to these General Conditions of Sale.
A.M.X. reserves the right to modify these General Conditions of Sale at any time by publishing a new version on the Site.
The General Conditions of Sale are those in force on the date of placing of the order.
SECTION 1 - PURPOSE
These general terms and conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site, they apply to the exclusion of any other document.
SECTION 2 - PRODUCTS & PRICES
2.1. PRODUCTS
Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale.
Product offers are limited to metropolitan France and the member countries of the European Union.
The offers of Products and prices are valid, within the limit of available stocks, as long as they are visible on the site.
2.2. PRICE
We do our best to ensure that the information, descriptions and prices are accurate; however, errors may remain.
If the price of an item you have ordered proves to be incorrect, we will inform you as soon as possible and you will have the opportunity to confirm your order taking into account the correct price or to cancel it.
If we are unable to contact you, we will cancel the order.
Prices are quoted in Euros (€) All Taxes Included (VAT included) for the countries of the European Union.
Value Added Tax (VAT) is the one in force in France.
SECTION 3 - ORDERS
3.1. RECORDING THE ORDER
The Customer who wishes to place an order chooses the Product(s) of his choice by clicking on "Add to cart".
At any time the Customer may:
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Check the number of Products in your cart and get detailed information about each by clicking on the cart icon «Cart view»
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Continue its selection of Products by clicking on the "Continue my purchases" button
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Finish your order by clicking on the "Payment" button
Any new Customer must fill in the fields offered to him to create his customer account and must fill in the form provided to him accurately.
In particular, the Customer shall include in the form made available the information necessary for its identification, including its e-mail address and a password of its choice (which will be personal and confidential) which will later be used to identify itself on the Site. Any Customer already holding a customer account must identify himself after clicking on "Payment", by entering his email address and password.
The Customer accepts that the entry of these two identifiers is proof of his identity.
The provision of personal information collected in connection with distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for invoicing purposes.
These informations are strictly confidential.
After reviewing the summary of its order, once all the requested information has been completed by the Customer, and before payment, the latter becomes aware of the General Terms and Conditions of Sale which he attests by checking the box provided for this purpose.
3.2. VALIDATION OF THE ORDER
The validation of the basket confirmation is an electronic signature.
This signature shall be of the same value as a handwritten signature between the Parties and shall serve as proof of the complete order and of the enforceability of the sums due in execution of the order.
As soon as he has validated his order, the Customer becomes Buyer.
The Customer will pay his order by credit card (Visa, Eurocard, Mastercard, American Express), or by Paypal and other local payment methods (i.e. Bancontact Mistercash and ING homepay for Belgium // Giropay and Sofort for Germany // Ideal for the Netherlands // Przelewy for Poland).
If the Customer wishes to pay his order by credit card, he must transmit the number and, depending on the type of credit card used, the expiration date and the cryptogram number.
3.3. PAYMENT
The price due by the Buyer is the amount indicated on the summary document of the order. In any case, the amount debited will correspond to the Product(s) actually delivered.
The debit will be at the time of ordering.
For any missing product, a refund will be automatically generated.
It is specified that by choosing a payment by bank card the Buyer will be transferred automatically to the STRIPE electronic server.
The server and the payment page are subject to a security by encryption S.S.L (Secure Socket Layer) 3D Secure in order to protect as effectively as possible all data related to the means of payment, and to ensure that at no time does the Buyer’s banking data pass through A.M.X Clothing.
3.4. REDUCTION CODES
User Account Discount Codes: Discount codes may be offered to account holders at any time.
These discount codes can only be used on purchases made through the account for which the discount code was offered and recorded.
Promotional discount codes: promotional discount codes applicable to all or certain purchases made on the Website may be offered at any time.
3.5. GIFT CARDS
Gift Cards are only valid for a limited period of time and must be used before the date indicated in the email or on the Card.
It is advised to check your card in order to know its expiration date.
We refuse any responsibility in the event of theft or disappearance of gift cards.
We ship your gift card, either as soon as payment is authorized or on the scheduled delivery date (if later).
We cannot be held responsible for delays, whatever their cause.
The Buyer is responsible for verifying the accuracy of the email address and mailing address of the recipient of the voucher. Our liability cannot be incurred in the event that the Gift Card is used by a third party, other than the recipient of the voucher, when the recipient’s email address or postal address was incorrect.
Furthermore, our liability cannot be incurred in the event that the gift cards have been lost or used by a third party, other than the recipient, after receipt of the card. Make sure the recipient has received the cards.
It is the recipient’s responsibility to keep the cards.
It is possible that gift cards are blocked in anti-spam filters, it is then up to the recipient to check their anti-spam filters. We cannot be held liable in the event that the gift card has not been issued to the recipient’s email address due to the anti-spam filters, a firewall, the maximum capacity of the recipient’s email box or any other factors beyond our control.
Refunds are made using the same method of payment as the one initially used (i.e. gift card, credit or debit card, or a combination of both).
We reserve the right to modify these conditions.
3.6. ACKNOWLEDGEMENT OF ORDER
At the end of the payment, a summary document of the order is sent to the Buyer by e-mail to the e-mail address indicated by the latter.
This document, which constitutes an acknowledgement of receipt, contains all the elements constituting the contract between the Parties.
SECTION 4 - RECEIPT OF THE ORDER
Upon receipt of the order, the Buyer will verify the conformity of the Products received in execution of its order. Any anomaly concerning delivery (namely: Missing or damaged products, damaged packages) must be notified, within 14 days of receipt of the Products.
Unless there is a legitimate reason, any claim made beyond the fourteen days following the receipt of the Products will be considered inadmissible, the liability of A.M.X. Clothing cannot be incurred.
A.M.X. Clothing reserves the right to ask the Purchaser to return the non-compliant or damaged Product.
In case of abnormal or abusive returns, A.M.X. Clothing may refuse to serve a subsequent order.
SECTION 5 - RIGHT OF WITHDRAWAL
The Buyer has 14 days from the day following receipt of the Product(s) ordered to exercise its right of withdrawal, without having to provide any reason.
In case of payment of the purchase by credit card or in case of expiry of the validity of the card, refunds can be made only by bank transfer.
The communication of the Bank Account Details are essential to proceed with the reimbursement.
The Buyer notifies its decision to withdraw by the mean of a declaration without ambiguity:
- By completing the retraction form at the end of the page (Appendix: Retraction Form). If the Buyer chooses this option, A.M.X. will immediately send him by email an acknowledgement of receipt of the withdrawal.
- By mail to : A.M.X. SASU - 77 Avenue Jean Mermoz, 93120, La Courneuve, France.
Without undue delay, and in any event, not later than 14 days after having communicated its decision to withdraw.
The Buyer cannot be held liable for the depreciation of the property resulting from the handling necessary to ensure that the Product(s) complies with its expectations.
If the aforementioned conditions are fulfilled, A.M.X. Clothig will reimburse the Buyer the total amount of his order, including delivery costs (with the exception of the additional costs arising from the fact that the Buyer has chosen, where appropriate, a delivery method other than the less expensive standard delivery method proposed by A.M.X. Clothing), without undue delay and in any event, no later than fourteen days from the day on which the Buyer’s decision of withdrawal has been brought to the attention of A.M.X. Clothing.
A.M.X. Clothing may defer reimburse until receipt of the returned Product(s).
A.M.X. Clothing will proceed with the reimburse using the same mean of payment as that used by the Buyer for the initial transaction, unless the Parties agree on a different mean.
In any case, this refund will not entail any costs for the Buyer.
SECTION 6 - GUARANTEE
All our products benefit from the legal regime of the guarantee, provided that its use has been normal and the washing instructions advice has been followed.
Article L211-4 of the French Consumer Code :
The seller is required to deliver a good in accordance with the contract and is liable for defects in conformity existing at the time of delivery.
It shall also be liable for defects in conformity resulting from packaging, installation instructions or installation where the latter has been placed at its expense by the contract or has been carried out under its responsibility.
Article L211-5 of the French Consumer Code :
To comply with the contract, the good must :
- Be specific to the usual intended use of similar goods, if applicable :
- Correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the seller.
Article L211-9 of the French Consumer Code :
In the event of non-compliance, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if that choice entails a cost that is manifestly disproportionate to the other arrangement, taking into account the value of the property or the extent of the default.
It is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L211-10 of the French Consumer Code :
If the repair and replacement of the property is impossible, the buyer can return the property and get the price returned or keep the property and get part of the price returned.
The same faculty is open to him:
- If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer’s claim;
- Or if this solution cannot be without major inconvenience to it, given the nature of the good and the use it seeks.
Article L211-11 of the French Consumer Code :
The provisions of articles L. 211-9 and L. 211-10 shall be applied at no cost to the Buyer.
The same provisions shall not preclude the award of damages.
Article L211-12 of the French Consumer Code :
The action resulting from the failure to comply shall be prescribed within two years of the issue of the property.
Article 1641 of the French Civil Code :
The seller shall be bound by the guarantee by reason of the hidden defects of the thing sold which render it unfit for the use to which it is intended, or which reduce so much the use, that the buyer would not have acquired it, or would have given them a lesser price if he had known them.
Article 1648, Paragraph 1 of the French Civil Code :
The action resulting from serious defects must be brought by the purchaser within two years of the discovery of the defect.
SECTION 7 - RETURNS
Returns include requests for exchange, credit and/or refund.
Without prejudice to the provisions of the legal guarantee, the Buyer has 14 days from the date of receipt of his order to make a request for return.
Only items returned on time, in their original packaging, not washed and not worn may be returned.
We invite you to complete the contact form (With subject: Return & Exchange Request) so that our After-Sales Service team can contact you via e-mail or via phone to provide you with more information on how to return your order.
Each return must be returned to the address indicated below :
A.M.X. SASU
77 Avenue Jean Mermoz
93120, La Courneuve, France
If, at the time of the exchange request, the Product(s) is no longer (are) available, A.M.X. undertakes to refund/credit the purchase price within fifteen days of receipt of the Product(s).
SECTION 8 - MISCELLANEOUS TERMS
8.1. FORCE MAJEURE
A.M.X. shall not be liable for the total or partial non-performance of its obligations under this Contract, if such non-performance is caused by an event constituting force majeure, recognized as such by the jurisprudence.
The Parties agree to consult as soon as possible in order to determine the modalities of processing the order during the duration of the case of force majeure.
After a period of one month of interruption for cases of force majeure, the Parties shall be released from their obligations towards each other.
8.2. THE ENTIRETY OF THE CONTRACT
The present General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual set summarizing all the agreements between the parties.
8.3. RETENTION AND ARCHIVING OF TRANSACTIONS
The archiving of invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
8.4. APPLICABLE LAW – COMPETENT JURISDICTIONS
These general conditions of sale and the contractual relations between A.M.X. Clothing and the Buyer are subject to French law. In case of dispute exclusive jurisdiction shall be assigned to the competent French courts. A.M.X. Clothing nevertheless undertakes to seek an amicable solution before any legal action.
APPENDIX : WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of :
A.M.X.
77 Avenue Jean Mermoz
93120, La Courneuve, France
I/We (*) hereby notify you my/our (*) withdrawal of the contract for the sale of the following product(s):
Ordered the :
Received the :
Name of the consumer :
Address of the consumer :
Date :