Free delivery in France on orders of €89 or more
GENERAL TERMS AND CONDITIONS OF SALE
AME 61 Rue de Lyon 75012 Paris Email: contact@ameiaparis.com
PREAMBLE
AMEIA PARIS is the seller of the products and services featured on the website. The online shop www.ameiaparis.com (hereinafter ‘the Website’) is an e-commerce site accessible via the Internet, open to all users of the Internet. It is operated by AME, a simplified joint-stock company (SAS) with a share capital of 1,000 euros, whose registered office is situated at 61 Rue de Lyon, 75012 Paris, registered with the Paris Trade and Companies Register under number 977 479 161, with intra-Community VAT number FR37977479161. The Website enables AMEIA PARIS to offer its products (hereinafter ‘the Products’) for sale in France, the European Union and Switzerland. The Website is intended for private individuals only and is not available to businesses.
These General Terms and Conditions of Sale (hereinafter ‘GTC’) govern the use of the Website and the services (hereinafter ‘the Services’) that may be offered on it, as well as any purchase made on the Website. Any use of the Website implies the Customer’s full and unconditional acceptance of these GTC. Such acceptance must be full and unconditional; any acceptance subject to conditions shall be deemed null and void. AME reserves the right to amend these GTC at any time; the applicable GTC are those in force on the date of the order. These GTC are available in French; in the event of a translation of the Website and the GTC, the French language shall prevail for the purposes of interpretation. For further information, customers may contact Customer Services at contact@ameiaparis.com.
For Customers residing in another Member State of the European Union or in Switzerland, these GTC apply without prejudice to any mandatory consumer protection provisions laid down by the law of their country of residence, where such provisions are more favourable to them.
ART. No. 1: PRODUCTS
The key features of the Products are set out on the Website in each Product description. The Customer is fully aware that the images, photographs and colours of the items on sale may not correspond to the actual colours due to the web browser or screen used. Products on sale on the Website are available whilst stocks last. Promotional codes and gift cards cannot be used to purchase gift cards. If one or more items ordered are no longer available, the Customer will be notified by email as soon as possible. The Customer may then cancel the order for the item or items in question and, where applicable, receive a refund of any sums already paid, by way of a credit to the bank account linked to the card used for payment, within 30 days at the latest.
ART. No. 2: PRICES
The prices of the Products sold on the Website are shown per item and product code. For deliveries within France and the European Union, prices are quoted in euros and include all French taxes (TTC), excluding delivery charges, which are payable by the Customer (see Art. No. 8). For deliveries to Switzerland, prices are shown in Swiss francs (CHF), excluding delivery charges; French VAT does not apply to deliveries outside the European Union.
Customs duties, local VAT (in Switzerland: 8.1%), other taxes and customs clearance charges payable on importation are not included in the price and are payable by the Customer (see Art. No. 8). Any change to the applicable statutory VAT rate will be automatically reflected in the prices of the items as soon as it comes into force. The applicable prices are those displayed on the Website at the time of ordering.
In the event that, despite the care taken in the presentation of the Website, an incorrect price is displayed due to an obvious error (in particular a technical or IT error), AME reserves the right to cancel the order in question and to inform the Customer as soon as possible, offering them either a full refund of the sums paid or the purchase of the Product at the correct price.
ART. No. 3: THE CUSTOMER ACCOUNT
The Customer may create an account enabling them to view their pre-filled details and take advantage of promotional offers; creating an account is optional and is not required to place an order. The Customer must complete the personal details form truthfully and update this information whenever necessary. The Customer chooses an email address and a password, which will be required each time they access their account. The Customer’s personal information is protected by a password so that the Customer, and the Customer alone, has access to it. AME recommends that the Customer does not disclose it to anyone. The Customer must also log out of their account and close their browser window at the end of each session. The Customer is solely responsible for the confidentiality of their password and shall bear sole responsibility for the consequences of any fraudulent use thereof, unless AME is proven to be at fault. In accordance with the applicable regulations on the protection of personal data, the Customer has the right to access, rectify, erase, restrict the processing of, object to and request the portability of their personal data, which they may exercise by writing to Customer Services at contact@ameiaparis.com, as well as the right to lodge a complaint with the French Data Protection Authority (CNIL — www.cnil.fr).
ART. No. 4: ORDER — STEPS TO COMPLETE THE SALE
- The Customer accesses the website www.ameiaparis.com.
- The Customer adds items to their basket.
- The Customer enters their contact details and delivery address (creating an account is optional).
- The Customer checks the details of their order, identifies and corrects any errors made during data entry by viewing an order summary.
- The Customer checks and expressly accepts AMEIA PARIS’s General Terms and Conditions of Sale.
- The Customer confirms the order, the total price and the all-inclusive price by clicking on ‘Pay for my order’.
- The Customer receives an electronic acknowledgement of receipt setting out the details of their order. The order is only confirmed once payment has been authorised by the Customer’s bank and the amount has been received by AMEIA PARIS.
- The Customer receives an electronic confirmation of their order.
- The Customer receives their parcel at the delivery address provided when placing their order.
The Customer is solely responsible for the accuracy of the information and delivery address provided when placing their order; AME cannot be held liable for any delay or non-delivery resulting from an error on the part of the Customer in providing this information. The order summary is also available on the Website under the ‘My Account’ section, in the ‘My Orders’ category, for Customers who have created an account. The Customer agrees that the invoice shall be deemed proof of the contractual relationship between the parties. AME archives orders and invoices for the statutory retention period, which is 10 years for orders totalling 120 euros or more.
ART. No. 5: RETENTION OF TITLE
The Products remain the property of AMEIA PARIS until payment for each order has been received in full.
ART. No. 6: PAYMENT TERMS
The Customer pays for their order by bank card (CB, Visa, Mastercard, American Express), via PayPal, via Apple Pay on compatible devices, or via Klarna. The available payment methods are displayed at the time of payment. Payment by bank card, PayPal or Apple Pay is made in a single instalment; payment via Klarna is made in accordance with the options offered by Klarna at the time of payment, subject to the Customer’s eligibility and in accordance with Klarna’s terms and conditions, which the Customer accepts at that time. For orders delivered to Switzerland, payment is made in Swiss francs; currency exchange or conversion fees may be applied by the Customer’s bank or payment provider. Banking transactions carried out on the Website are processed by our banking partner, which operates a strict security system. The Website is protected by a security system designed to safeguard sensitive data relating to the payment methods used as effectively as possible.
In accordance with the provisions of Article L.132-2 of the French Monetary and Financial Code, a commitment to pay made by means of a payment card is irrevocable. Any order placed on the Website implies a guarantee on the part of the Customer that they possess all the necessary authorisations to use the payment methods made available on the Website. AMEIA PARIS reserves the right to suspend or cancel any order if it encounters difficulties in collecting payment.
ART. No. 7: ANTI-FRAUD
AMEIA PARIS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order. Any resale of products purchased on the Website is strictly prohibited. To combat fraud, AMEIA PARIS has put in place a system which may lead it to:
- request, in order to secure the transaction, certain supporting documents once payment has been made, in the event of an automatic alert triggered by the order details;
- block any order placed from a Customer account that has previously been involved in fraud.
ART. No. 8: DELIVERY
8.1 Areas served. AME delivers to mainland France, the countries of the European Union and Switzerland. Other destinations, including the French overseas departments and territories, are not served.
8.2 Preparation. AMEIA PARIS undertakes to prepare the order within 24 to 72 hours, excluding weekends and public holidays, and within a maximum of 10 working days during busy periods (Christmas, sales, etc.).
8.3 Delivery times. From the date of dispatch, the indicative delivery times are as follows: mainland France, 3 to 4 working days (express delivery: 1 to 2 working days); European Union, 6 to 10 working days (express delivery: 1 to 2 working days); Switzerland, 3 to 5 working days. These times may vary depending on the carrier and the time of year. Unless otherwise agreed by the parties, AME shall deliver the Product no later than thirty days after the conclusion of the contract.
8.4 Delivery charges. Delivery charges are calculated based on the delivery address provided by the Customer and are displayed before final payment. Delivery is free for purchases of 89 euros or more in mainland France, 180 euros or more in the other countries of the European Union and CHF 200 or more in Switzerland. In Switzerland, the standard delivery charge is CHF 14.00.
8.5 Delivery method. When placing an order, the Customer selects the delivery method offered on the Website (home delivery or delivery to a pick-up point, depending on the destination). A tracking number is sent by email once the order has been dispatched.
8.6 Absence at the time of delivery. If the Customer is not present at the time of delivery, the courier will leave the parcel in the Customer’s letterbox or leave a delivery notice enabling the Customer to collect it from a post office or collection point upon presentation of proof of identity. The Customer will be notified by email or text message. The parcel remains available for 10 days; after this period, it is returned to AMEIA PARIS, which will contact the Customer to arrange a possible reshipment (at the Customer’s expense) or, if no response is received, will refund the order, less the outward and return shipping costs.
8.7 Customs duties and taxes outside the European Union. For all deliveries outside the European Union, including to Switzerland, customs duties, local VAT, other taxes and customs clearance charges are invoiced to the Customer on delivery by the carrier or by the authorities of the country of destination. They are borne solely by the Customer, are not included in the price paid on the Website, and AME does not know the amount in advance. Refusal to pay these sums or to collect the parcel does not constitute an exercise of the right of withdrawal.
8.8 Transfer of risk. The risk of loss of or damage to the Product passes to the Customer at the moment when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Product. The Customer is advised to check the condition of the parcel upon receipt and to report any issue to contact@ameiaparis.com as soon as possible, quoting their order number and, if possible, providing photographs.
8.9 Late delivery. In the event of late delivery, the Customer may require AME to deliver within a reasonable additional period. If delivery is not made within that period, the Customer may terminate the contract under the conditions laid down in the French Consumer Code and obtain a refund of the sums paid.
ART. No. 9: RETURNS AND RIGHT OF WITHDRAWAL
The Customer has a withdrawal period of 14 clear days, without having to give any reason or pay any penalties, from the date of receipt of the Product. To exercise this right, the Customer may either initiate a return via their account under ‘My Orders’, ‘Arrange a return’, or complete and submit the withdrawal form set out in Appendix I to these GTC, by post or by email to contact@ameiaparis.com.
The Product must be returned in new condition, unworn, unwashed, with its original labels and packaging. The Customer shall only be liable for any depreciation of the Product resulting from handling other than that necessary to establish its nature and characteristics. Any Product returned incomplete, damaged, worn, washed or soiled may, after the Customer has been informed, give rise to a deduction proportionate to the depreciation or to a refusal to refund, in which case the Product will be returned to the Customer at their expense.
Return costs are to be borne by the Customer, unless the error is attributable to AME or the Product is faulty. AMEIA PARIS will refund the amounts paid, including the initial delivery charges (up to the cost of the standard delivery method offered on the Website), no later than 14 days from the date on which it is informed of the Customer’s decision to withdraw, using the same payment method as that used for the purchase. AMEIA PARIS may defer this refund until it has received the returned Product or until the Customer has provided proof of its dispatch, whichever occurs first.
For orders delivered outside the European Union, including to Switzerland, AME grants the same 14-day withdrawal period. Return costs and customs formalities are borne by the Customer, who must send the parcel with tracking and mark it ‘return of goods’. Customs duties and taxes paid on importation are not refunded by AME; the Customer may claim a refund from the relevant authorities.
ART. No. 10: STATUTORY GUARANTEES
The Products are covered by guarantees of conformity and against hidden defects. Without prejudice to the withdrawal period provided for in Article 9, should the items delivered not conform in nature or quality to the specifications indicated on the delivery note, the Customer must inform Customer Services in writing at contact@ameiaparis.com. They will then receive a return label by email. The Product must be returned in new condition, in its original packaging and accompanied by the delivery note.
The consumer has a period of two years from the date of delivery of the goods to invoke the statutory guarantee of conformity should a lack of conformity arise. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it arose.
The statutory guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of making a request, free of charge and without causing them any significant inconvenience.
If the goods are repaired under the statutory guarantee of conformity, the consumer is entitled to a six-month extension of the original guarantee.
If the consumer requests that the goods be repaired, but the seller insists on replacement, the statutory guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction in the purchase price whilst retaining the goods, or terminate the contract and receive a full refund upon returning the goods, if:
- The trader refuses to repair or replace the goods;
- The repair or replacement of the goods takes place after a period of thirty days;
- The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer is permanently liable for the costs of returning or collecting the non-conforming goods, or where the consumer is liable for the costs of installing the repaired or replacement goods;
- The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such cases, the consumer is not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are out of service for the purposes of repair or replacement shall suspend the remaining term of the guarantee until the goods have been returned in good working order.
The rights set out above arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, acting in bad faith, obstructs the enforcement of the statutory guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10 per cent of their average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer is also covered by the statutory guarantee against hidden defects, in accordance with Articles 1641 to 1649 of the French Civil Code, for a period of two years from the date the defect is discovered. This guarantee entitles the consumer to a price reduction if the goods are retained, or to a full refund upon return of the goods.
ART. No. 11: LIABILITY OF AMEIA PARIS
AMEIA PARIS shall not be held liable if the Website is inaccessible or experiences access issues or bugs, for any reason whatsoever. It reserves the right to feature a third party on the Website in any manner whatsoever, and shall not be held liable for third-party websites to which visitors may be directed from the Website.
Subject to mandatory legal provisions and the consumer’s statutory rights, AME’s liability is limited to direct and foreseeable damage and shall not exceed the amount of the order in question. AME shall not be liable for indirect damage.
AME shall not be held liable for any failure to perform or delay in performing its obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code, including, but not limited to, strikes, fire, natural disasters, breakdowns in transport or communication systems, or the acts of a third party.
ART. No. 12: CONSUMER MEDIATION
If the Customer encounters difficulties in connection with their order or delivery, and considers that their rights as a consumer have not been respected, they must first submit a written complaint to contact@ameiaparis.com in order to seek an amicable resolution of the dispute directly with AME. In accordance with Article L.612-1 of the French Consumer Code, if the dispute cannot be resolved through this process, the Customer is entitled to refer the matter free of charge to a consumer mediator, within a maximum period of one year from the date of their written complaint. The contact details of the competent consumer mediator will be provided to the Customer on request to contact@ameiaparis.com.
INTELLECTUAL PROPERTY RIGHTS
All Products, as well as the text, comments, photographs, trademarks, graphics, concepts, illustrations and images comprising the Website, are the exclusive property of AME and are protected by intellectual property rights in France and worldwide. Any reproduction, in whole or in part, of these elements or of the Website is strictly prohibited.
GENERAL PROVISIONS
Should any provision of these GTC be declared null and void or unenforceable pursuant to a law, regulation or a final court ruling, it shall be deemed not to have been included, without this affecting the validity of the other provisions, which shall remain fully applicable.
The fact that AME does not rely on any provision of these GTC at a given time shall not be construed as a waiver of the right to rely on it at a later date.
APPLICABLE LAW AND COMPETENT COURTS
These GTC are governed by French law, without prejudice to the mandatory consumer protection provisions of the Customer’s country of residence. Any disputes arising in relation to their validity, interpretation or performance shall fall within the jurisdiction of the courts of Paris, unless otherwise required by mandatory rules, in particular the right of the Customer, as a consumer, to bring proceedings before the courts of their place of residence or delivery.
APPENDIX I — WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of: AME — 61 Rue de Lyon, 75012 Paris — contact@ameiaparis.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.