www.akinom.com (the "Site") is published by the company Monarc operating under the trade name "Akinom", a simplified joint stock company with a capital of €5,000, whose head office is located at 5 impasse des sous-bois - 13640 La Roque d'Anthéron, registered with the Paris Trade and Companies Registry under number 891444721, with intra-community VAT number FR40891444721 (hereinafter "Akinom").
I - APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sale (the "GTC") detailed below apply to all orders of products and services placed via the Site (the "Products") with Monarc by any person (the "Customer").
The Customer must read the GTC before placing any order (the "Order"), the GTC being available on the Site.
Monarc reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale is the one appearing online on the www.akinom.com site at the time of the Order. Consequently, the placing of an Order requires the Customer's full and unconditional acceptance of the GTC by clicking on the "I have read and accept the general terms and conditions of sale" button.
II - SITE INFORMATION AND ACCESSIBILITY
www.akinom.com is an e-commerce site owned and operated by Monarc, operating under the trade name "Akinom".
The Site is accessible to all users of the Internet in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by Akinom or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below). Akinom shall not be liable for any damages of any kind resulting from the unavailability of the Site.
Akinom does not warrant that the Site will be free from defects, errors or bugs, or that the Site will operate without failure or interruption. In this regard, Akinom may freely determine in its sole discretion any period of unavailability of the Site or its content. Nor shall Akinom be liable for any data transmission, connection or network unavailability problems.
Akinom reserves the right to make changes to the Site for technical or commercial reasons. Where such changes do not materially and adversely affect the conditions of service provision, the Client may be informed of such changes, but acceptance is not required.
III - REGISTRATION ON THE SITE
In order to place an Order, the Customer must first register on the Web site by creating an account containing the Customer's information (the "Account").
The Customer's registration on the Site is validated by Akinom after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to keep his personal information up to date. In the event of an error in the recipient's details, Akinom shall not be held responsible for the impossibility of delivering Products.
In order to make registration or connection to the Site easier and faster, the Customer has the option to automatically pre-fill the registration form using the "Facebook Connect" option.
To learn more about the protection of personal data during its collection, processing and use, as well as the optional rights and settings to protect his or her privacy, Customer may consult Facebook's privacy policies at www.facebook.com.
By registering on the Site, the Customer represents and warrants to AKinom that he/she is of legal age and has the legal capacity to enter into a contract.
Akinom may delete the Customer's Account at any time, for any reason, at its sole discretion.
IV - PRODUCTS
The Products offered for sale are those described on the Site on the day of the consultation of the Site by the Customer, within the limits of available stocks. These indications are updated automatically in real time. However, Akinom shall not be held responsible for any error in the update, regardless of its origin. In this regard, Akinom shall not be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
Akinom takes the utmost care in the presentation and description of its Products in order to provide the Client with the best possible information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Akinom does not guarantee the accuracy or security of information transmitted or obtained through the Site.
It is possible that Customer may receive as a result of an Order a part previously returned by another person. It is specified that Akinom only accepts the return of undamaged and unworn Products, these two conditions being checked before the returned Products are put back into stock.
V - ORDERS
The placing of an Order on the Site is subject to compliance with the procedure set up by Akinom on the Site, which includes successive steps leading to the validation of the Order.
The Customer may select as many Products as he/she wishes to add to the basket (the "Basket"). The Shopping Cart shall contain a summary of the Products selected by the Customer, as well as the prices and fees associated with them. The Customer may freely modify the Shopping Cart before validating the Order. The validation of the Order confirms the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their prices and the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity...) will be sent to the Customer by Akinom. To this end, the Customer formally accepts the use of e-mail for confirmation by Akinom of the contents of his Order. Invoices are available in the "my account" section of the Site.
VI - REFUSAL TO PROCESS AN ORDER
Akinom reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information contained therein. Despite Akinom's best efforts to satisfy its customers' expectations, Akinom may refuse to process an Order after having sent the Customer the confirmation e-mail summarizing the Order.
Akinom shall not be liable to Customer or any third party for any damages resulting from the removal of a Product from the Site, or the replacement or modification of any content or information on this Site, or the refusal to process an Order after the Order confirmation email has been sent.
Akinom also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment of a previous order or an objective suspicion of fraud.
VII - PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Site in euros for, including VAT, but excluding customs charges, other taxes and possible administrative expenses related to the delivery. Customs duties, other taxes and administrative fees related to the delivery must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or in the country of delivery located in the European Union.
Price reductions are applied directly in the shopping cart on the total amount including VAT but excluding shipping costs. 10% for 2 items, 15% for 3 items, 20% for 4 items and more, purchased. Offer valid while stocks last and applicable only in the same product category.
Akinom reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the effective Order.
The payment of purchases is made via the secure platform of our payment provider AXEPTA.
AXEPTA is a company registered in XXX (Country) under the number xxxx, whose registered office is located xxxx, xxxx. For any information, the Customer can consult the following website: https://axepta.bnpparibas
The Client expressly acknowledges that the communication of his credit card number to Akinom is equivalent to authorizing the debiting of his Account up to the price of the Products ordered. Where applicable, an Order cancellation notice for non-payment shall be sent to the Customer by Akinom to the email address provided by the Customer upon registration on the Site.
The data recorded and kept by Akinom constitutes proof of the Order and of all sales made. The data recorded by AXEPTA constitutes proof of any financial transaction between the Customer and AKINOM.
Deliveries are made by the services of Colissimo or any other similar carrier, Monday through Saturday, depending on the option chosen by the Customer when validating his Order.
Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery").
The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the FAQ available on the site.
When Akinom is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the carrier is entrusted with the transportation by the Customer and not by Akinom.
Delivery shall be made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In the event that Delivery cannot be made due to an incorrect delivery address or failure by the Customer to collect the Order from the selected collection point, no re-shipment shall be made and the Customer shall be refunded within five (5) days of receipt of the Order by Akinom.
Akinom delivers Orders within a maximum of twelve (12) working days for delivery in Metropolitan France and twenty (20) working days for international delivery, this period being counted from the first working day after the Order has been validated (note that Akinom only delivers in Metropolitan France and Belgium).
In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event that the delivery deadline is exceeded, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of fourteen (14) days of the request. Notwithstanding the foregoing, Akinom shall not be held liable for any damages resulting from a delay in delivery, and only the refund of the Product by Akinom shall be possible to the exclusion of any other form of compensation.
IX - REFUNDS AND RETURNS
9.1 Time limit and terms for exercising the right of withdrawal
In accordance with article L.221-18 of the French Consumer Code, the non-professional Customer has a period of fourteen (14) days from the date of receipt of the Order to exercise his right of withdrawal from Akinom, without having to give any reason for his decision.
The right of withdrawal can be exercised either by logging into the customer account in the "order" section, or by using and sending the sample withdrawal form in Appendix 1 of the General Terms and Conditions of Sale, by mail, to the following address Monarc sas - 1, rue Pixérécourt - 75020 Paris, France, or by email to email@example.com
9.2 Terms of return of the Order in the context of the right of withdrawal
The right of withdrawal shall be exercised without penalty.
The Customer shall return the Order with the prepaid return form provided by Akinom, without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to withdraw in accordance with Article L. 221-21 of the French Consumer Code.
Beyond this fourteen (14) day period, the sale is firm and final. The Product must be returned in its original packaging, unopened, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return form received with his/her Order.
The return of Products is handled by Akinom if the delivery location is in one of the following countries
The return of Products is at the Customer's expense and risk if the place of delivery is not in the above-mentioned countries.
9.3 Refund of Products returned under the right of withdrawal
Akinom shall refund the Order within fourteen (14) days of the date it is informed of the Customer's decision to withdraw.
However, the refund shall be made provided that Akinom has been able to recover the Products that are the subject of the return and refund request, in a resalable condition.
Akinom shall make the refund using the same means of payment that was used to pay for the Order. If that payment method has expired, Customer should contact customer service to change the method of refund. Akinom shall not be liable for refunds on expired payment methods.
If Customer fails to comply with these Terms and Conditions, Akinom shall not be entitled to refund the Products concerned. In all cases, Akinom shall be responsible for return shipping costs if the Product delivered to Customer is different from the Product ordered or if it is delivered damaged.
X - GUARANTEES - LIMITATION OF LIABILITY
10.1 Limitation of liability
Akinom's liability with respect to any Product purchased from the Site is strictly limited to the purchase price thereof. In no event shall Akinom be liable for any of the following losses, regardless of their origin:
- loss of revenue or sales
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of work or management time
- loss of image
- loss of opportunity, in particular to order a Product,
- moral prejudice.
The documents, descriptions and information relating to the Products on the Site are not covered by any warranty, express or implied, except for those warranties provided by law.
Akinom makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any Content by Customer, the software used by Customer to download the Content, the Site or the server that makes it available. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on its computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines.
Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data that results from the download of such content.
Akinom is only obligated to deliver Products in accordance with the contractual provisions. The Products shall be deemed to be in conformity with the contractual provisions if they: (i) conform to the description and possess the characteristics set forth on the Site; (ii) are suitable for the purposes for which products of this kind are generally designed; and (iii) meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.
In addition, Akinom warrants to consumers against defects in conformity and latent defects for products for sale on the Site under the following conditions:
10.2 Legal Warranties
All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
Legal guarantee of conformity
Article L217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility."
Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1) Be fit for the purpose usually expected of similar goods and, where appropriate :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or have 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 latter.
Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Warranty against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them."
Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity."
Within the framework of the legal warranty for latent defects, Akinom, at the Customer's option, undertakes, after evaluation of the defect :
- Either to refund the full price of the returned Product,
- or to refund a portion of the price of the Product if Customer decides to keep the Product.
Exclusion of guarantees
Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not cover Products damaged during transport after delivery or due to misuse.
10.3 Terms and conditions of the legal warranty
Within the framework of the legal guarantee of conformity, the Customer:
(i) has a period of two (2) years from the delivery of the goods to act;
(ii) may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
(iii) is exempted from proving the existence of the lack of conformity of the good during the two years.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
For any request concerning the legal guarantees, the Customer must contact the Customer Relations Department at firstname.lastname@example.org.
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
Within the framework of the legal guarantee of conformity, Akinom undertakes, at the Customer's choice
- either to replace the Product with an identical product depending on available stocks,
- or to refund the price of the Product if the replacement of a Product proves impossible.
Within the framework of the legal guarantee for hidden defects, Akinom, according to the Customer's choice, undertakes, after evaluation of the defect :
- either to refund the full price of the returned Product,
- or to refund a part of the price of the Product if Customer decides to keep the Product.
10.5 Force Majeure
In the event of a force majeure event preventing the performance of these GTC, Akinom shall inform Customer within fifteen (15) days of the occurrence of such event, by e-mail or by registered letter with acknowledgement of receipt. In addition to those usually accepted by the jurisprudence of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the relevant transaction may be terminated at the request of either Akinom or Client without compensation to either party. Failure to pay by the Client cannot be justified by force majeure.
XI - RETENTION OF TITLE
Akinom retains full ownership of the Products sold until full payment of the full price, including principal, fees, taxes and compulsory contributions.
XII - PARTIAL INVALIDITY
If one or more of the provisions of these GTC are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
XIII - NON-WAIVER
No tolerance, inaction or inertia on the part of Monarc can be interpreted as a waiver of its rights under the terms of the GTC.
XIV - APPLICABLE LAW - JURISDICTION - MEDIATION
The sale of the Products is subject to French law.
In the event of a complaint not amicably resolved by the Customer Service, and in accordance with Article L612-1 of the Consumer Code, the Customer has a mediation service,
The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of amicable resolution, any dispute relating to the interpretation of the GTC, the execution or termination of a sale, the interpretation, execution or termination of the present contract shall be submitted to the legally competent courts.
XV - ECO-TAX
Akinom, through its holding company, Monarc sas, declares and pays the eco-contribution tax to REfashion, the eco-organization of the textile sector, under the unique identifier (IDU) FR321217_11IDJV.
XVI - SPONSORSHIP
Akinom wishes to become involved in charitable works by joining forces.
Within the framework of this project, Akinom is partnering with several associations and endowment funds recognized as being of public utility for the financing of charitable projects, notably in medical research.
These associations are recognized as being of public utility and have been selected by Akinom for their seriousness, reputation, ethics and the values they share with Akinom.
Akinom is committed to donating all or part of the funds raised from the sale of products to these associations.
The funds thus collected consist of a transfer of all or part of the profits or turnover, as the case may be, made by Akinom from the sale of products.
Consequently, the purchase of these products does not constitute an appeal to the generosity of the public, nor a donation giving rise to a reduction in income tax within the meaning of Article 200 of the General Tax Code, for the purchaser of the products concerned.
For any question : email@example.com.
APPENDIX 1: SAMPLE RETRACTION FORM
(Complete and return this form and the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
5, impasse des sous-bois - 13640 La Roque d'Anthéron, France
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Ordered on .................(date of order) and/or received on .................(date of delivery)
Name of the consumer Customer :
Consumer Customer's address :
Signature of Consumer Customer (only if this form is notified on paper)
For any information, you may contact Customer Service at firstname.lastname@example.org