www.abiola.fr (the “Site”) is published by the Abiola Company, a simplified joint stock company with a sole shareholder with a capital of € 100, whose head office is located at 2 rue Descartes – 95330 DOMONT, registered with the Trade Register and of the Companies of Pontoise under number 839 616 372, including the number of VAT intra-community FR76 839 616 372 (hereinafter “Abiola”).
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general terms and conditions of sale (“GTC”) detailed below apply to all orders for products and services made through the Site (the “Products”) from Abiola by any person (the “Customer”).
The Customer must read the GTC prior to any order (the “Order”), the GTC is available on the Site.
Abiola reserves the right to adapt or modify these Terms and Conditions at any time. The version of the GTC applicable to any sale being the one appearing online on the site www.abiola.fr at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the GCS by the Customer by clicking on the button “I have read and I accept the general conditions of sale”.
II. INFORMATION ON THE WEBSITE AND ACCESSIBILITY OF THE SITE
www.abiola.fr is an e-commerce site owned and operated by Abiola.
The Site is accessible to all users of the Internet network in principle 24 / 24h, 7 / 7d, except interruption, scheduled or not, by Abiola or its providers, for the purposes of maintenance and / or security or force majeure (as defined below). Abiola can not be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Abiola does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this respect, he may freely determine, at his discretion, any period of unavailability of the Site or its content. Abiola can not be held responsible for problems with data transmission, connection or unavailability of the network.
Abiola reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the modifications made, but its acceptance is not solicited.
III. REGISTRATION ON THE SITE
To place an Order, the Customer must first register on the Site by creating an account aggregating the information of the Customer (the “Account”). The registration of the Customer on the Site is validated by Abiola after verification of the standard form completed by the Customer. The Customer receives an email confirmation of registration.
When creating an Account, the Customer must ensure the accuracy and completeness of the data it provides. The Customer is required to always update his personal information. In the event of an error in the address details of the recipient, Abiola can not be held responsible for the impossibility of delivering Products.
By registering on the Site, the Customer declares and warrants to Abiola that he is of legal age and has the legal capacity to contract.
Abiola may delete the Customer’s Account at any time, for any reason, in its sole discretion.
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Abiola. As such, Abiola can not be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.
Abiola takes the utmost care in the presentation and description of its Products to best satisfy the information of the Customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Abiola does not warrant the accuracy or security of the information transmitted or obtained through the Site.
It is possible that the Customer receives after a Order a piece previously returned by another person. It is specified that Abiola only accepts the return of intact and unworn Products, both conditions being controlled before the return of the returned Products.
Order taking on the Site is subject to compliance with the procedure set up by Abiola on the Site comprising successive steps leading to the validation of the Order.
The Customer can select as many Products as he wants to add to the cart (the “Cart”). The Basket summarizes the Products chosen by the Customer as well as the prices and related fees. The Customer may freely modify the Basket before validating his Order. The validation of the Order is confirmation of the Customer’s acceptance of the GTC, the Products purchased, their price 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 Abiola. For this purpose, the Customer formally accepts the use of email for confirmation by Abiola of the content of the Order. Invoices are available in the “my account” section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
Abiola reserves the right to withdraw any Product posted on the Site at any time and to replace or modify any content or information appearing on the Site. Notwithstanding Abiola’s best efforts to meet the expectations of its customers, it may be that the customer may refuse to process an Order after sending the Customer the confirmation email summarizing the Order.
Abiola can not be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information contained on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
Abiola also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.
VII. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Website in euros for Europe VAT included. All prices displayed are calculated and include the value-added tax (VAT) applicable in France.
Abiola reserves the right to change prices at any time but the Products will be billed based on 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 actual Order.
The payment of purchases is made via the secure platform of our payment provider SOCIETE GENERALE.
SOCIETE GENERALE. is an ANONYMOUS COMPANY WITH CAPITAL OF 1 009 897 173,75 EUR. HEAD OFFICE IN PARIS, 29 BD HAUSSMANN – 552 120 222 R.C.S. PARIS
The Customer expressly acknowledges that the communication of his credit card number to Abiola is equivalent to the debit authorization of his Account up to the price of the Products ordered. If necessary, Abiola will send Abiola a notification of the cancellation of the Order for non-payment on the email address provided by the Customer when registering on the Website.
The data recorded and kept by Abiola constitute proof of the Order and all past sales. SOCIETE GENERALE’s registered data constitutes proof of any financial transaction between the Client and Abiola.
Deliveries are provided by Chronopost’s services from Monday to Friday.
Delivery means the transfer to the Customer of the physical possession of the Products (the “Delivery”).
Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order.
When Albiola is in charge of 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 upon delivery of the Product to the carrier when the latter is responsible for transportation by the Customer and not by Abiola.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, a natural person of his choice or a legal person (delivery to his company). Delivery can not be made to hotels or postboxes.
In case of impossibility to make the Delivery, due to an incorrect delivery address or the absence of withdrawal by the Customer of the Order from the selected point of withdrawal or Chronopost, no reshipment can be made and the Customer will be refunded within five (5) days of receipt of the Order by Abiola.
Abiola delivers the Orders within a maximum period of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an International Delivery, this period being deducted from the first working day after the validation of the command.
In order to meet these deadlines, 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 code, access, names and / or intercom numbers, etc.).
Abiola can not be held responsible for the delay of delivery not being done or justified by a case of force majeure (as defined below).
In case of exceeding the delivery period, the Customer may request the cancellation of the sale and obtain within a maximum period of fourteen (14) days of its request to that effect the reimbursement of sums paid on the occasion of the Order. Notwithstanding the foregoing, Abiola can not be held responsible for the harmful consequences resulting from late delivery, only the refund of the Product by Abiola being possible to the exclusion of any other form of compensation.
Deliveries can also be carried out in Relay Point by the Chrono Relay provider, subject to the acceptance of the parcel by the chosen Relay Point.
IX. RIGHT OF WITHDRAWAL – REFUNDS AND RETURNS
9.1. Time and manner of exercising the right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the non-professional Client has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Abiola, without having to justify his decision.
The exercise of the right of withdrawal can be made by using and sending the model withdrawal form contained in the annex of the General Conditions of Sale, by mail, to the following address: Abiola – Returns Service – 2 rue Descartes – 95330 DOMONT, France, or by email at email@example.com.
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return receipt provided by Abiola, without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to retract in accordance with Article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the site abiola.fr in the heading “delivery and return”. The return of the Products is the responsibility of the Customer.
9.3. Refund of Products returned under the right of withdrawal
The reimbursement of the Order by Abiola is made no later than fourteen (14) days from the date on which it is informed of the Customer’s decision to retract.
However, the refund is subject to the fact that Abiola was able to recover the Products subject of the return and the refund request.
Abiola makes the refund using the same means of payment that will have been used for the payment of the Order, except with the express agreement of the Customer to use another means of payment and to the extent that the reimbursement does not cause of expenses for the consumer.
The reimbursement of an order paid with a gift card, a gift card or a credit, will be refunded to
X. GUARANTEES – LIMITATION OF LIABILITY
Abiola ‘s liability for any Products purchased on the Site is strictly limited to the purchase price of the latter.
The documents, descriptions and information relating to the Products on the Site are not covered by any warranty, express or implied, except as provided by law.
Abiola does not provide any guarantee regarding any damage that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or impede its proper operation, including any transmission arising from the download of any content made by the Customer, software used by the latter to download the content, the Site or the server that allows access. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and other devices to protect against any bug, virus or other programming routine. this order proving harmful.
Customer acknowledges all risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that it is solely responsible for any damage to its computer system or any loss of data resulting from the download of this content.
Abiola is only required to deliver Products in accordance with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics exhibited on the Site; (ii) they must be adapted for the purposes for which products of that kind are generally designed; (iii) they must meet the criteria of quality and strength which are generally accepted for products of the same kind and which can reasonably be expected.
In addition, Abiola warrants consumers of defects of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Apparent Vice – Warranty – Legal Compliance – Hidden Vices
The presence of an apparent defect on a Product must give rise to complaint by email (firstname.lastname@example.org)
The Customer must comply with the procedure relating to the right of withdrawal by informing Abiola beforehand by any means of the existence of this apparent defect, so that the return can be accepted.
Subject to the validation of a nonconformity or a defect hidden by Abiola or the manufacturer as the case may be, the Customer benefits from the following guarantees:
Abiola, whose registered office is located at 2 rue Descartes – 95330 DOMONT, France, acts as guarantor within the meaning of Articles L 217-5 and following of the Consumer Code and 1641 et seq. Of the French Civil Code.
Thus the Customer – has a period of one year from the delivery of the Product to act in default of conformity of the Product,
– is exempted from showing proof of the lack of conformity of the good during the six (6) months following the delivery of the Product,
– may choose between the repair or replacement of the Product, subject to the cost conditions provided by Article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer may also implement the legal warranty for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee of latent defects allows the Customer within two years from the discovery of the defect, the reimbursement of a Product that has proved unfit for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the purchased Product and that prevent the use or affect to a point that the Customer would not have purchased.
The Customer then has the choice between two options: keep the Product and ask for a price reduction, or return the Product and ask for the refund of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these warranties, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the Initial Order and copy of the claim to the registered office Abiola, after sending an e-mail stating the reason for the return of the Product.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers a good that conforms to the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. ”
Art. L217-5 of the Consumer Code: “The property is in conformity with the contract: 1 ° If it is fit for the customary use of a similar property and, if applicable (a) if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model, and (b) if he has the qualities that a buyer can legitimately expect given the public statements made by the seller. the seller, by the producer or his representative, particularly in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. ”
Art. L217-7 of the Consumer Code: “Deficiencies that occur within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is fixed at six months. The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. ”
Art. L217-8 of the Consumer Code: “The buyer has the right to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. The same is true when the defect has its origin in the materials it has provided itself. ”
Art. L217-9 of the Consumer Code: “In case of lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer. ”
Art. L217-10 of the Consumer Code: “If the repair and replacement of the property are impossible, the buyer can return the property and get the price or keep the property and get a part of the price. The same option is open to him: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the buyer’s complaint; 2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks. The resolution of the sale can not however be pronounced if the lack of conformity is minor. ”
Art. L217-11 of the Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages. ”
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. ”
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by the law. ”
Art. 1641 of the Civil Code: “The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use that the buyer would not have it. acquired, or would have given a lower price, had he known them. ”
Art.1642 of the Civil Code: “The seller is not liable for obvious defects and which the buyer has been able to convince himself. ”
Art. 1643 of the Civil Code: “He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. ”
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice to return the thing and to be returned the price, or to keep the thing and to be returned part of the price. ”
Art. 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he will be held only to the return of the price, and to refund to the purchaser the costs incurred by the sale. ”
Art. 1648 of the Civil Code: “The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. (…) »
In case of occurrence of an event of force majeure preventing the execution of these Terms, Abiola informs the Customer within fifteen (15) days of the occurrence of this event, by mail or registered letter with acknowledgment reception. Expressly, are regarded as case of force majeure or fortuitous case, besides those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or disputes commercial, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in forms of commercialization, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the transaction concerned may be terminated at the request of Abiola or the Client without compensation on either side. Failure to pay by the Customer can not be justified by a case of force majeure.
XI. PARTIAL INVALIDITY
If one or more stipulations of the present GTC are considered as invalid or declared as such by law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their reach.
XII. NO WAIVER
No tolerance, inaction or inertia of Abiola shall be construed as a waiver of its rights under the GTC.
XIII. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION
The sale of the Products is subject to French law.
In case of unresolved complaint by the Customer Service, and in accordance with the article L612-1 of the Code of the Consumption, the Customer can make free use of the Medicys mediation service, to which Abiola is a member, by electronic means to the address https://app.medicys.fr/ or by post: MEDICYS – 73 boulevard de Clichy – 75009 Paris. The Ombudsman Service may be seized of any consumer dispute the settlement of which has not been successful.
The Client can 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 GTCS, the execution or the rupture of a sale, the interpretation, the execution or the cancellation of the present ones is subject, in the absence of agreement amicably, to the legally competent courts.
XIV. DETAILS RELATING TO THE “ZIMONVILLAGE.COM” PROJECT
Abiola.fr is committed to the AAEOP association through its program called “zimonvillage.com”.
As part of this project, Abiola helps finance a school and educational and sports projects in Benin.
This association of general interest was selected by the founder of Abiola for his seriousness, his ethics and the values they share with Abiola.
Abiola agrees to donate to this association all or part of the funds from the sale of products.
The funds thus collected consist of a payment of € 5 per pair of sneakers sold and / or a percentage of turnover on other items likely to be marketed.
Consequently, the purchase of these products does not constitute an appeal to the generosity of the public, nor a gift giving rise to a reduction of income tax within the meaning of Article 200 of the General Tax Code, for the buyer products concerned.
For any questions about the AAEOP association, visit zimonvillage.com.
SCHEDULE 1: MODEL RETRACT FORM
(Complete and return this form and the order number only if you wish to withdraw from the contract.It is also advisable to specify your order number)
To the attention of Abiola – Service Returns – 2 rue Descartes – 95330 DOMONT, France,
or by email at: email@example.com
I notify you by the presence my withdrawal of the contract for the sale of the property (s) below:
Ordered on …………… .. (date of order) and / or received on …………… .. (date of delivery)
Name of the Consumer Client:
Consumer Customer Address:
Signature of the consumer Customer (only in case of notification of this form on paper)
For more information, you can contact Customer Service at firstname.lastname@example.org.