Terms of sale
TERMS AND CONDITIONS OF SALE
ARTICLE 1 - IDENTIFICATION OF AZTELUSSO
The Products are offered for sale on the site "www.maisonskorpios.com" by the French company AZTELUSSO, SASU, registered under n°882736929 at the R.C.S. of Paris, whose registered office is located at 62 RUE DE RENNES - 75006 PARIS, represented by Adriana ABASCAL, referred to as "AZTELUSSO".
You can contact AZTELUSSO at the following coordinates, in particular for any complaint:
- Postal address: AZTELUSSO, 62 RUE DE RENNES - 75006 PARIS
- Telephone: 01 42 79 02 82
- E-mail address: customer@maisonskorpios.com
ARTICLE 2 - DEFINITION
"Customer": refers to any natural person considered as a consumer within the meaning of the French Consumer Code, i.e. any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
"Contract" or "GTC" or "General Terms and Conditions of Sale" means these general terms and conditions of sale.
"Order" refers to the document or computer system used by the Customer to purchase Products. In particular, it specifies the quantities of Products purchased, the Price and any discounts, the penalties applicable in the event of late payment, the Product delivery terms, and the Product delivery date or deadlines.
"Account" refers to the optional account that allows the Customer to manage its purchases in a form and according to the technical means that AZTELUSSO deems most appropriate.
"Personal Data" means any information relating to an identified or identifiable natural person. An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
"E-commerce" refers to the "www.maisonskorpios.com" website, and any sub-domains, operated by AZTELUSSO and which allows the Customer to purchase Products online.
"Party(ies)" means, in the singular, individually the Customer, or AZTELUSSO and, in the plural, jointly the Customer and AZTELUSSO.
"Product(s)" designates all Products offered for sale by AZTELUSSO on AZTELUSSO's E-commerce site. The Products are described on line, with their characteristics and the corresponding prices.
ARTICLE 3 - PURPOSE
The present General Conditions of Sale apply without restriction nor reserve to the whole of the on-line sales proposed by company AZTELUSSO on E-commerce.
E-commerce is an electronic commerce platform, which enables Customers to purchase Products offered for sale online.
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of the online sale and delivery of Products, and to define the rights and obligations of the Parties in this context.
They can be accessible and printable at any time via a direct link at the bottom of the e-commerce page.
The applicable version of the General Terms and Conditions of Sale is the one available online on the E-commerce site at the date of the Customer's Order.
The General Terms and Conditions of Sale shall prevail over any other general or special conditions not expressly approved by AZTELUSSO.
They may be supplemented, where applicable, by conditions of use specific to certain Products or services offered on the E-commerce site, which supplement the General Conditions and, in the event of contradiction, take precedence over the latter.
ARTICLE 4 - LEGAL CAPACITY, PRE-CONTRACTUAL INFORMATION AND ACCEPTANCE
4.1 Legal capacity
E-commerce is accessible:
- Any natural person with full legal capacity to enter into commitments under the General Terms and Conditions of Sale. Individuals who do not have full legal capacity may only access the E-commerce site with the agreement of their legal representative;
- Any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.
4.2 Pre-contractual information
The Customer acknowledges that, prior to signing any Contract and purchasing any Product, he/she has been informed of the present General Terms and Conditions of Sale and of all the necessary legal information on the E-commerce site, in a legible and comprehensible manner, in particular information concerning:
- The essential characteristics of the Products;
- The price of the Products and related costs;
- The date or time by which AZTELUSSO undertakes to deliver the Product;
- Information relating to AZTELUSSO's identity, postal, telephone and electronic contact details, and its activities, if not apparent from the context;
- AZTELUSSO's corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and e-mail address;
- The terms of payment, delivery and performance of the Products, as well as the procedures for handling complaints;
- Information on legal and contractual warranties and how to make use of them;
- The possibility of resorting to conventional mediation in the event of a dispute under the conditions set out in the French Consumer Code.
4.3 Acceptance of the General Terms and Conditions of Sale
The Customer's acceptance of these General Terms and Conditions is evidenced by a checkbox on the Order form. This acceptance must be full and complete. Any conditional acceptance is considered null and void.
Any Customer who does not agree to be bound by the present General Terms and Conditions of Sale must not place an Order on the E-commerce site.
ARTICLE 5 - CREATING AN E-COMMERCE ACCOUNT
5.1 E-commerce registration
The Customer may choose to place an Order by registering or not on the E-commerce site. If they so wish, Customers may register by filling in the form provided for this purpose on the E-commerce site.
In all cases, the Customer must provide all the information mandatory information. Incomplete registrations will not be validated.
Registration automatically leads to the opening of an Account in the Customer's name which enables him to manage his purchases in a form and according to the technical means that AZTELUSSO deems most appropriate.
The Customer warrants that all information provided as part of the registration process is accurate, up-to-date and truthful, and is not misleading.
He/she undertakes to update this information in his/her Account in the event of modifications (in particular a change of postal address), so that it always corresponds to the aforementioned criteria.
The Customer is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the Customer is binding upon validation.
5.2 Account login
Once an Account has been created, the Customer can access it at any time by logging in using his/her login and password.
The Customer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he assumes full responsibility.
5.3 Login and password
Passwords and identifiers are personal, confidential and non-transferable. The Customer therefore undertakes never to communicate them to third parties. In order to protect E-commerce security as much as possible, the Customer must ensure that he/she does not re-use the same password as that associated with other Accounts enabling him/her to access third-party services provided by third-party companies.
The Customer undertakes to notify E-commerce, at the following e-mail address: customer@maisonskorpios.com and as soon as possible, of any fraudulent use of his Account or any loss, theft or disclosure of his login and password.
The identification of the Customer by means of his login and password is equivalent to the accountability of the operations carried out by means of the said password and login.
The Customer is solely responsible for the use made of the E-commerce under his login and password.
5.4 Unsubscribing
If the Customer has created an Account, the Customer may unsubscribe from E-commerce at any time, by sending a request to this effect to AZTELUSSO by e-mail, to the contact details mentioned in the article "AZTELUSSO IDENTIFICATION".
Unsubscription takes effect within a maximum of ten (10) days from this request. It results in the automatic deletion of the Customer's Account.
ARTICLE 6 - ORDERING, PURCHASING AND COLLECTING PRODUCTS
6.1 Placing an Order
To place an Order, the Customer must select the Product of his/her choice and place it in his/her shopping basket.
The Customer may access the basket summary at any time before the Order has been definitively validated and may correct any errors in the information entered. The Order is deemed to have been received by AZTELUSSO when the latter has access to it.
- Order confirmation
Once the Order has been completed, the Customer will receive an e-mail confirming the Order, which:
- Summarizes the elements of the Order and the expected delivery date; and
- Contains the general terms and conditions in force on the day of the Order
The Customer must ensure that the contact details are correct and that they enable him/her to receive the Order confirmation e-mail. If the Customer does not receive the confirmation e-mail, he/she should contact AZTELUSSO using the contact information provided in the "AZTELUSSO IDENTIFICATION" section.
AZTELUSSO recommends that the Customer retain the information contained in the Order confirmation.
The Order confirmation is deemed to have been received by the Customer when it can be accessed.
- Ordering without an account
If the Order is placed without registering an Account, the Customer is asked to provide his or her contact details for delivery and billing purposes. They must fill in all the fields marked as compulsory in the form provided for this purpose.
Orders that do not include all the required information cannot be validated.
The Customer warrants that all information provided in the Order form is accurate, up-to-date and truthful and is not misleading.
He/she is informed and accepts that this information is proof of his/her identity and commits him/her as soon as it is validated.
6.2 Withdrawal of Products
The Customer is informed that he has a maximum collection date of 3 (THREE) months for orders to be collected in store.
If the Customer does not collect the order within the specified period, the Customer will be reimbursed and the sale will be cancelled.
Customers who do not collect their order from a pickup point are informed that the order is automatically returned to the sender.
ARTICLE 7 - PRODUCT CHARACTERISTICS
Prior to any online Order, the Customer may view the characteristics of each Product he/she wishes to order on the E-commerce site.
Products are offered for sale online while stocks last.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only commit AZTELUSSO for what is precisely indicated. The Customer is however informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the photographs presented on the E-commerce, due to technical constraints.
ARTICLE 8 - PRICES AND PAYMENT TERMS
8.1 Prices
The Products are supplied at the prices in force, appearing on E-commerce, at the day of the acceptance of the Order by AZTELUSSO.
Prices are expressed in Euros and include VAT on the site, and in both VAT and excluding VAT when summarizing the Order.
AZTELUSSO reserves the right, at its own discretion and on terms to be determined by it, to offer promotional offers or price reductions.
These prices are firm and non-revisable during their period of validity, as indicated on the E-commerce site.
Prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the Order is validated by the Customer.
The applicable price is that displayed on the E-commerce site at the time the Customer's Order is registered.
Outside the European Union and in French overseas departments and territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Customer, in addition to the price paid to AZTELUSSO. These duties and taxes, the exact amount of which AZTELUSSO cannot determine in advance and therefore cannot inform the Customer prior to his Order, remain the responsibility of the Customer, who is solely responsible for the proper completion of any related declarations and/or formalities.
The customer is also informed that any commission charges levied by the customer's bank will not be reimbursed.
8.2 Terms of payment
The full price of the Products is due at the time the Order is placed.
Payment can be made online:
- By credit card, using the secure online payment service indicated on the E-commerce site; or
- By any other means proposed on the E-commerce site at the time of the Order.
The Customer guarantees AZTELUSSO that it has the necessary authorizations to use the chosen method of payment.
AZTELUSSO reserves the right to suspend or cancel any Order and/or delivery in the event of non-payment of any sum which would be due by the Customer, in the event of incident of payment, or in the event of fraud or attempted fraud relating to the use of E-commerce.
Penalties equal to 1.5 times (one and a half times) the French legal interest rate will be applied automatically to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt that has remained unsuccessful.
8.3 Payment with ALMA
Our partner ALMA is a trusted payment service provider. It offers flexible shopping and purchasing experiences to consumers worldwide.
ALMA allows you to pay in 2, 3 or 4 instalments free of charge.
Monthly payments will be debited directly from your credit card. The first payment will be debited when the order is shipped. The other two payments will be debited every 30 days, once your first payment has been made. This feature is available online only.
If you have any further questions or need help with your payment, please contact ALMA customer service: almapay.com/en-EN/customers
You can find ALMA's general terms and conditions on almapay.com.
8.3 Billing
Purchase invoices will be sent to the customer by any appropriate means.
8.4 Reservation of title
AZTELUSSO preserves the full and whole property of the Products sold until the perfect collection of the price, expenses of delivery included.
ARTICLE 9 - DELIVERY
9.1 Delivery territory
Customers are expressly informed that the E-commerce only offers delivery of Products to the following countries:
- Metropolitan France and Corsica ;
- Germany
- Andorra
- Austria
- Belgium
- Bulgaria
- Vatican City State
- Costa Rica
- Croatia
- Spain
- Estonia
- Gibraltar
- Greece
- Guadeloupe
- French Guiana
- Hungary
- Israel
- Italy
- Latvia
- Lebanon
- Lithuania
- Luxembourg
- Malaysia
- Malta
- Martinique
- Mayotte
- Monaco
- New Caledonia
- Panama
- Netherlands
- Poland
- French Polynesia
- Portugal
- Czech Republic
- Reunion Island
- Romania
- Saint-Barthélemy
- San Marino
- Saint-Martin
- Saint Pierre and Miquelon
- Serbia
- Slovakia
- Slovenia
- French Southern Territories
- Turkey
- Latin America
- Uruguay
- Venezuela
- Wallis and Futuna
- Argentina
- Brazil
- Chile
- Colombia
- Peru
- Middle East
- Saudi Arabia
- Bahrain
- United Arab Emirates
- Kuwait
- Qatar
- Northern regions
- Denmark
- Finland
- Iceland
- Norway
- Sweden
The Products ordered on the E-commerce site will be delivered to the address indicated on the Customer's Order as the "delivery address" (which may be different from the billing address), provided that it is located within the possible delivery territory for the Products concerned.
9.2 Delivery methods
Different delivery methods may be possible, depending on the category of Products and their weight.
Before validating the Order, the Customer is informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each of these methods.
The Customer must select the desired method of delivery and provide all the information required for effective delivery of the Product by this method.
9.3 Delivery times
For each Product offered for sale, the E-commerce site mentions indicative delivery times according to territories and delivery methods.
The actual delivery time will be confirmed to the Customer in the Order confirmation e-mail.
In the event of failure to deliver within the aforementioned period, the Customer may cancel the Order by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having requested AZTELUSSO, under the same terms, to make delivery within a reasonable additional period, it has not done so within that period.
The Contract shall be deemed terminated upon receipt by AZTELUSSO of the letter or writing informing it of such termination, unless it has performed in the meantime.
In the event of termination of the Contract as described above, the Customer will be reimbursed for all sums paid, including delivery charges, no later than 14 (FOURTEEN) days following the date on which the Contract was terminated.
ARTICLE 10 - WARRANTIES
10.1 Legal warranties
The Customer benefits from legal warranties for non-conformity as well as for hidden defects of the item sold, including defects of conformity resulting from the packaging of Products ordered on the E-commerce site.
If the Customer notes that the Product which was delivered to him presents a defect, a defect of conformity or is damaged, it must inform AZTELUSSO with the co-ordinates mentioned with the article "IDENTIFICATION OF AZTELUSSO", by indicating to him the nature of the defect, the nonconformity or the damage noted.
AZTELUSSO will organize with the conveyor of its choice the methods of return, of which it will inform the Customer by any useful means. AZTELUSSO will bear the costs of this return.
AZTELUSSO will carry out the necessary checks and will propose to the Customer the replacement or repair of the Product as far as possible. If the replacement or repair of the Product is impossible, AZTELUSSO will reimburse the Customer the full price paid for the Product and the corresponding delivery charges, by any useful means, as soon as possible and no later than 14 (FOURTEEN) days following the date on which AZTELUSSO informed the Customer of the impossibility of replacing the Product.
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REMINDER OF THE PROVISIONS OF THE FRENCH CONSUMER CODE Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, at no cost and without any major inconvenience to him. If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty. If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if : 1° The trader refuses to repair or replace the good; 2° The repair or replacement of the good takes place after a period of thirty days; 4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period during which the product is immobilized for repair or replacement suspends the remaining warranty period until delivery of the repaired product. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code). Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good. |
ARTICLE 11 - RIGHT OF WITHDRAWAL
The Customer has a period of 14 (FOURTEEN) days from the date of receipt of the Products ordered or collection of the Order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
If the Order includes several Products delivered separately, the above time limit runs from receipt of the last Product.
The customer may withdraw within the aforementioned period without having to justify his decision or pay any penalties, with the exception of the cost of returning the goods, 40 euros (FORTY EUROS), which remains at the customer's expense and must be paid by the customer.
As an exception, for purchases delivered in France, returns are free of charge.
To do so, the Customer shall send to AZTELUSSO at the address mentioned in the article "AZTELUSSO IDENTIFICATION", before the expiry of the above deadline:
- A copy of the following completed cancellation form; or
- A statement clearly expressing his wish to withdraw and including his Order number; or
- Fill in the online form here.
To start a return, click here. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
WITHDRAWAL FORM
In the event that the Customer wishes to withdraw, a copy of this form must be returned duly completed and signed to the address mentioned in the article "AZTELUSSO IDENTIFICATION".
Last name:_________________ First name: _________________
E-mail address : _________________
Postal address: _________________
Phone number : _________________
Contract date : _________________
Order number : _________________
This field is optional. You have the right to withdraw without giving any reason. However, you can help AZTELUSSO to improve the quality of its products by indicating the reasons for your withdrawal or any other information you consider useful. Message :
Date and signature :
The Products must be returned to AZTELUSSO in their original packaging, complete and new, without undue delay and no later than 14 (FOURTEEN) calendar days following communication by the Customer of its desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice.
The Customer is deemed responsible for any deterioration of the Products upon their return to AZTELUSSO.
The Customer will be, with the choice, recipient of a credit or refunded as soon as possible and at the latest in the 14 (FOURTEEN) days as from the date of effective reception by AZTELUSSO of the request for retraction of the entirety of the sums paid for its Order, deduction made if necessary, of the expenses of return, which remain with the load of the Customer. However, AZTELUSSO reserves the right to defer this reimbursement until the Products have been effectively recovered.
We are happy to offer one complimentary exchange per order.
If multiple exchanges are required under the same order:
- The first exchange is covered by Maison Skorpios.
- Any additional exchanges must be covered by the client.
Maison Skorpios assumes no responsibility for items lost by a carrier chosen by the client. Refunds or exchanges can only be processed once the returned item has been received by our team.
Before sending your item back, please contact our Customer Care team at customer@maisonskorpios.com to receive the correct return address and detailed instructions.
We recommend reaching out to ensure a smooth and efficient exchange process.
Price Adjustments
In the event of a permanent price adjustment (excluding promotional discounts) within 14 days of your purchase date, we are pleased to issue store credit for the corresponding price difference.
- This policy applies exclusively to permanent price changes, not seasonal sales or promotional discounts.
- The price difference will be issued as store credit only.
- Refunds to the original payment method are not available.
ARTICLE 12 - CUSTOMER OBLIGATIONS
Customers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.
In addition, they must take the necessary steps to safeguard by their own means the information in their Account that they deem necessary, no copy of which will be supplied to them.
Finally, it is the responsibility of customers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
ARTICLE 13 - AZTELUSSO'S LIABILITY
12.1 AZTELUSSO undertakes to carry out regular checks to verify the operation and accessibility of the E-commerce.
AZTELUSSO reserves the right to temporarily interrupt access to the E-commerce for maintenance purposes. Likewise, AZTELUSSO shall not be held responsible for temporary difficulties or impossibilities of access to the E-trade caused by circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.
12.2 AZTELUSSO shall not be held liable for the non-performance or delay in performance of sales contracts due to circumstances beyond its control or to force majeure, it being expressly specified that, in addition to those usually accepted by the case law of French courts, the following are considered to be cases of force majeure: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, riots, insurrections, wars, government actions, epidemics, breakdown or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, as well as damage caused by viruses for which the security measures available on the market do not allow their eradication.
12.3 In any event, AZTELUSSO's liability hereunder is expressly limited to proven direct damages suffered by Customers.
ARTICLE 13 - PERSONAL DATA
The Customer is hereby informed that AZTELUSSO processes Personal Data in order to ensure the proper execution of Orders.
Within this framework, customers have the right to access and, where appropriate, rectify, delete or port their Personal Data. They have the right to define directives concerning the fate of their Personal Data after their death.
You may exercise these rights at any time by writing to AZTELUSSO at the following address: rgpd@maisonskorpios.com.
AZTELUSSO invites the Customer to consult its Privacy Policy.
ARTICLE 14 - INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) used by AZTELUSSO within the E-commerce are protected by all intellectual property rights or rights of producers of databases in force.
All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of AZTELUSSO, are strictly prohibited and may be subject to legal proceedings.
Article 15 - MISCELLANEOUS PROVISIONS
15.1 Advertising
AZTELUSSO reserves the right to insert on any page of the E-commerce and in any communication to customers any advertising or promotional messages in a form and under conditions that AZTELUSSO will be the sole judge.
15.2 Links and third-party sites
AZTELUSSO can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any of its partners) to which the Customer may have access via E-commerce.
AZTELUSSO assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.
AZTELUSSO is also not responsible for transactions between the Customer and any advertiser, professional or merchant (including any of its partners) to whom the Customer may be directed via the E-Commerce and shall in no event be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and any other obligations whatsoever to which such third parties are bound.
15.3 Prohibited behavior
The following are strictly prohibited:
- Any behavior that interrupts, suspends, slows down or prevents the proper functioning of the E-commerce;
- Any intrusion or attempted intrusion into AZTELUSSO;
- Any detour of E-commerce system resources;
- Any action likely to impose a disproportionate burden on the latter's infrastructure;
- Any breach of security and authentication measures;
- Any act likely to prejudice the financial, commercial or moral rights and interests of AZTELUSSO or its E-commerce users;
- Any practice that misuses e-commerce for purposes other than those for which it was designed; and
- Any breach of these Terms and Conditions or of applicable laws and regulations.
Likewise, it is strictly forbidden to monetize, sell or grant all or part of the access to the E-commerce, as well as to the information it contains.
In the event of failure to comply with any of the provisions of this article or, more generally, of infringements of laws and regulations, AZTELUSSO reserves the right to take all appropriate measures and to initiate any legal action.
15.4 Good faith
The Parties agree to perform their obligations in good faith.
15.5 Exclusion of unforeseen circumstances
By express agreement between the Parties, the provisions of article 1195 of the French Civil Code shall not apply to the Contract. The Parties intend to continue to perform the Contract under the conditions initially agreed, for the entire duration of the Contract, notwithstanding the occurrence of any change in circumstances unforeseeable at the time of conclusion of the Contract, which would render its performance excessively onerous for one of the Parties. The Parties expressly agree to assume the risk thereof.
15.6 Tolerance
The Parties mutually agree that the fact that one of the Parties tolerates a situation does not have the effect of granting acquired rights to the other Party.
Moreover, such tolerance cannot be interpreted as a waiver of the right to assert the rights in question.
15.7 Proof agreement
The data collected and recorded by AZTELUSSO on the E-commerce constitute proof of all transactions made by customers.
The data recorded by the payment system constitutes proof of the financial transactions.
15.8 Force majeure
AZTELUSSO cannot be held liable to the Customer in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of the French courts and tribunals and without this list being restrictive, the illness or accident of a trainer, strikes or labor disputes, natural disasters, fires, interruption of transport or any other circumstance beyond the reasonable control of AZTELUSSO.
15.9 Invalidity
If one or more stipulations of the Contract 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 scope.
15.10 Survival
Clauses declared as surviving after the end of the present general terms and conditions, whatever the terms of termination, such as expiry or breach of contract, continue to apply until the end of their particular purpose. This applies in particular to the confidentiality clause.
15.11 Direct debit
For the execution of the present general terms and conditions, and unless otherwise specified, the Parties agree to address all correspondence to each other at their respective registered offices.
ARTICLE 16 - AMICABLE SETTLEMENT OF DISPUTES
16.1 In the event of litigation, the Customer is invited to contact AZTELUSSO at the coordinates mentioned in the article " IDENTIFICATION OF AZTELUSSO".
16.2 If the dispute remains unresolved, in accordance with article L. 612-1 of the French Consumer Code, the Customer has the right to submit a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the Professional.
Société has appointed the C2MC mediator as its consumer mediation body.
To refer a matter to the Mediation officer, the Customer must formulate his request:
- Write to: 49 Rue de Ponthieu, 75008 Paris
Or by e-mail to: m2c@cm2c.net
- Or by completing the online form entitled "I wish to report a dispute" on the https://www.cm2c.net/ website.
Whatever the means of referral used, the request must contain:
- Customer's postal address, telephone number and e-mail address
- The name, address and registration number of AZTELUSSO
- A brief statement of the facts. The customer will specify to the mediator what he or she expects from this mediation and why
- A copy of the prior claim
- All documents required to process the request (purchase order, invoice, proof of payment, etc.).
Article 17 - APPLICABLE LAW - DISPUTES
The Contract is governed by French law.
This applies to both substantive and formal rules, regardless of the place of performance of substantive or ancillary obligations.
IN THE EVENT OF ANY DISPUTE WHICH THE PARTIES ARE UNABLE TO SETTLE AMICABLY, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COMPETENT FRENCH COURT, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES.
ARTICLE 19 - MODIFICATIONS
AZTELUSSO reserves the right to modify these terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the Customer's order.
Effective: August 12, 2024
See also
In addition to these GTC, you can also consult our Privacy Policy here.
