ARTICLE 1 - DEFINITIONS

The terms used below have, in the present General Conditions, the following meaning:

"CUSTOMER": indicate the co contracting party of the online shop FLORA AMAZONIA, who guarantees to have consumer's quality such as defined by the law and the French jurisprudence. As such, it is expressly planned that the CUSTOMER acts except any regular business or commercial activity.

"DELIVERY": shall designate the first submission of PRODUCTS ordered by the CUSTOMER in the delivery address indicated during the order

"PRODUCTS": refers to all the products available on the SITE.

"TERRITORY": refers to Metropolitan FRANCE (except DOM/FRENCH OVERSEAS TERRITORY), and all the countries in which FLORA AMAZONIA commercialize products.

 

ARTICLE 2 - OBJECT

These General Terms and Conditions govern the sale by the FLORA AMAZONIA online store to its CUSTOMERS about its PRODUCTS.

The CUSTOMER is clearly informed and recognizes that the SITE addresses the consumers and that the professionals have to contact the sales department of the FLORA AMAZONIA online store to benefit from different contractual conditions.

 

ARTICLE 3 - ACCEPTANCE OF THE GENERAL CONDITIONS

The CUSTOMER makes a commitment to read attentively the presents General Conditions and to accept them, before proceeding to the payment of an order placed on the SITE. The General Conditions are referenced at the bottom of every page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read attentively, to download, to print the General Conditions and to keep a copy. The FLORA AMAZONIA online store recommends to the CUSTOMERS to read the General Conditions to every new order, the last version of the said Conditions are applied to any new PRODUCTS’s order. By clicking on the first button to place the order then on the second to confirm the aforementioned order, the CUSTOMER recognizes to have read, understood and to have accepted the General Conditions without hindrance or conditions.

 

ARTICLE 4 - PURCHASE OF PRODUCTS ON THE SITE

To be able to purchase a PRODUCT, the CUSTOMER must be old of at least 18 years and have the legal capacity or, if she (he) it is a minor, to be capable of proving agreement of her (his) legal representatives. The CUSTOMER will be invited to supply information allowing identifying him (her) by completing the available form on the SITE. The sign (*) indicates the compulsory fields which must be filled so that the CUSTOMER’s order is handled by the FLORA AMAZONIA online store. The CUSTOMER can verify on the SITE the status of her (his) order. The follow-up of the DELIVERIES can, where necessary, to be made by using the tools of follow-up of carriers. The CUSTOMER can also contact the sales department of FLORA AMAZONIA online store at any time by e-mail, at the following address: [email protected], to obtain information on the status of its order. The information which the CUSTOMER supplies in the FLORA AMAZONIA online store during an order must be complete, exact and up to date. The FLORA AMAZONIA online store reserves the right to ask to the CUSTOMER to confirm, by every possible means suited, its identity, his eligibility and the communicated information.

 

ARTICLE 5 - ORDERS

Article 5.1. Characteristic of products

The FLORA AMAZONIA online store makes a commitment to present the essential characteristics of PRODUCTS (on information sheets available on the SITE) and the compulsory information which the CUSTOMER has to receive by virtue of the applicable law. The CUSTOMER makes a commitment to read carefully this information before placing an order on the SITE. Unless specifically provided for otherwise, all the PRODUCTS sold by the FLORA AMAZONIA online store are new and corresponding to the current European legislation and to the applicable standards in France.

Article 5.2. Procedure of order

The PRODUCTS are ordered directly on the SITE. To process an order, the CUSTOMER has to follow the stages described below (however, please note that according to the page of starting up of the CUSTOMER, the stages can slightly differ).

5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER will have to select the PRODUCT (S) of her choice by clicking on the concerned PRODUCT (S) (s) and by choosing the characteristics and the desired quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER’s basket. The latter may also add to his (her) basket so many PRODUCTS as she (he) wishes it.

5.2.2. Orders

Once the PRODUCTS are selected and placed in basket, the CUSTOMER has to click on the basket and verify that the content of his (her) order is correct. If the CUSTOMER has not made it yet, he (she) will then be prompted to authenticate themselves. Once the CUSTOMER approves the contents of the basket and that she (he) has been identified/registered, an online form will be displayed automatically completed and recapitulating the price, the applicable taxes. The CUSTOMER is invited to verify the contents of her (his) order (including the quantity, the characteristics and the references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating her contents. The CUSTOMER can then proceed to the payment of PRODUCTS by following the instructions appearing on the SITE and to supply all the information necessary for the invoicing and for the DELIVERY of PRODUCTS. Concerning the PRODUCTS for which the options are available, these specific references appear when the good options are selected. The placed orders have to include all the necessary information for the good treatment of the order.

5.2.3. Acknowledgement of receipt

When all the stages described above are completed, a page appears on the SITE to acknowledge receipt of the order of the CUSTOMER. A copy of the order’s acknowledgement of receipt is automatically sent to the CUSTOMER by e-mail, as long as the provided e-mail address by means of the registration form is correct. The FLORA AMAZONIA online store sends no orders by e-mail, post or fax.

5.2.4. Invoicing

During the order procedure, the CUSTOMER will have to seize the information necessary for the invoicing (the sign (*) will indicate the compulsory fields that must be filled so that the order of the CUSTOMER is handled by the FLORA AMAZONIA online store). The CUSTOMER has to indicate in particular clearly all the information relative to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code in the delivery address. The CUSTOMER also has to specify the chosen means of payment. Neither the order from which the CUSTOMER establishes on-line, not the acknowledgement of receipt of the order which the FLORA AMAZONIA sends to the CUSTOMER by e-mail constitutes an invoice. Whatever is the order modality or used payment, the CUSTOMER will receive the original of the invoice at the DELIVERY of PRODUCTS, inside the parcel.

Article 5.3. Order date

The order date is the date in which the FLORA AMAZONIA online store accuses on-line reception of the order. The indicated extensions on the SITE accrue starting from then.

Article 5.4. Price

For all the PRODUCTS, the CUSTOMER will find on the SITE the prices displayed. The prices include in particular the value-added tax (VAT) at the rate in force. Any modification of the applicable rate can impact on the price of the PRODUCTS from the entry date applying the existing rate. The applied VAT rate is expressed in percentage of the value of the sold PRODUCT.

The prices of the supplies of the FLORA AMAZONIA online store are subject to modification. Accordingly, the prices indicated on the SITE can change. They can be also modified in case of offers or in case of special sales. The indicated prices are valid except coarse errors. The price applicable is the one indicated on the SITE to the date in which the order has been processed by the CUSTOMER.

Article 5.5. Availability of PRODUCTS

The FLORA AMAZONIA online store makes a commitment to deliver the PRODUCT in the date or for the deadline indicated to the CUSTOMER, unless the parts agreed on it otherwise. The unavailability of a PRODUCT is indicated on the page of the concerned PRODUCT. The CUSTOMERS can be also informed about the restocking of a PRODUCT by the FLORA AMAZONIA online store. In any case, if the unavailability was not indicated at the time of the order, the FLORA AMAZONIA online store makes a commitment to inform the immediate CUSTOMER if the PRODUCT is unavailable. In the hypothesis where a PRODUCT is unavailable, the FLORA AMAZONIA online store can, and if the parts agree on it, to propose an alternative PRODUCT of quality and equivalent prices, accepted by the CUSTOMER. If the CUSTOMER decides to cancel the order of unavailable products, she (he) will obtain the refund of the entire paid sum for the unavailable PRODUCT at the latest thirty (30) days of the payment.

 

ARTICLE 6 - RIGHT TO WITHDRAW

The methods of the right to withdraw are provided in the “policy of withdrawal “available policy in Appendix 1 of present and accessible at the bottom of every page of the SITE via a hypertext link.

 

ARTICLE 7 - PAYMENT 

Article 7.1. Means of payment

The CUSTOMER can pay her (his) on-line PRODUCTS on the SITE according to the proposed means by the FLORA AMAZONIA online store. The CUSTOMER guarantees in the FLORA AMAZONIA online store that she (he) holds all the authorizations required to use the chosen means of payment. The FLORA AMAZONIA online store will take all the necessary measures to guarantee the safety and the privacy of on-line transmitted data within the framework of the on-line payment on the SITE. It is specified as such that all the information related to the payment supplied on the SITE are transmitted at the bank of the SITE and are not handled on the SITE.

Article 7.2.Payment Date

In case of single payment by credit card, the account of the CUSTOMER will be debited from the orders of PRODUCTS processed on the SITE. In case of partial DELIVERY, the total amount will be debited from the account of the CUSTOMER as soon as possible when the first parcel will be sent. If the CUSTOMER decides to cancel her (his) order of unavailable PRODUCTS, the refund will be made according to the last paragraph of the article 5.5 of the present General Conditions.

Article 7.3. Delay or refusal to pay

If the bank refuses to debit a card or other means of payment, the CUSTOMER will have to contact the Customer service of the FLORA AMAZONIA online store to pay the order by any other valid means of payment. In the hypothesis where, for which that reason whether it is, opposition, refusal or other one, the transmission of the flow of money owed by the CUSTOMER would turn out impossible, the order would be cancelled and the sale automatically cancelled.

 

ARTICLE 8 - PROOF OF ARCHIVING

Any contract concluded with the CUSTOMER corresponding to an order with amount upper to 120 Euros TTC will be archived by the FLORA AMAZONIA online shop during a duration of ten ( 10 ) years according to the article L. 213-1 of the Code of the consumption. The FLORA AMAZONIA online store agrees to archive this information to insure a follow-up of the transactions and produce a copy of the contract at the request of the CUSTOMER. In case of dispute, the FLORA AMAZONIA online store will have the possibility of proving that its system of electronic follow-up is reliable and that it guarantees the integrity of the transaction.

 

ARTICLE 9 - OWNERSHIP TRANSFER

The FLORA AMAZONIA online store remains the owner of PRODUCTS delivered up to their complete payment by the CUSTOMER. Measures above do not put obstacle to the transfer to the CUSTOMER, at the time of the reception by him, or by a third party appointed by him other than the carrier, risks of loss or damage of PRODUCTS being the object of the reserved property, as well as the risks that could result.

 

ARTICLE 10 - DELIVERY

The modalities of DELIVERY of PRODUCTS are provided in the “policy of delivery” set out in Annex 2 of the present and accessible at the bottom of every page of the SITE via hypertext link.

 

ARTICLE 11 - PACKAGING

PRODUCTS will be packed according to the standards of current transport, to guarantee a maximum of protection for PRODUCTS during the DELIVERY. The CUSTOMERS make a commitment to respect the same standards when they return PRODUCTS to the conditions fixed in Appendix 1 – Policy of retraction.

 

ARTICLE 12 - WARRANTY

Except the commercial warranty that the FLORA AMAZONIA online shop could propose for certain PRODUCTS, e every Customer benefits from "legal" warranty, for all the PRODUCTS, which are retailed below, according to the article L.111-1 of the Consumer Code.

Article 12.1. Guarantee compliance

Article L. 217-4 of the Consumer Code: “The seller delivers the good in compliance with the contract and answers defects of conformity existing during the delivery. He also answers defects of conformity resulting from the packaging, the assembling instructions or the installation when this one was put at his/her expense (under his/her responsibility) by the contract or was realized under its responsibility”.

Article L. 217-5 of the Consumer Code: “The good is in compliance with the contract:

1° If he (it) is peculiar to the custom usually expected from the similar good and, if necessary:

If he (it) corresponds to the description given by the seller and possesses the qualities which this one presented to the buyer in the form of sample or of model;
- If he(it) presents the qualities for which a buyer can legally wait in consideration of the public statements made by the seller, by the producer or by his representative, in particular in the advertising or the labelling;
2 ° Or if he presents the characteristics defined by mutual agreement by the parts or is appropriate to any special use looked for by the buyer, notified to the seller and whom the latter accepted ".

The FLORA AMAZONIA online store may answer towards existing defects of conformity during the delivery and the defects of conformity resulting from the packaging, the assembling instructions or the installation when this one was put at his/her responsibility or was realized under his (her, its) responsibility. The action resulting from the conformity’s defect lapses by two (2 ) years as from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code). In case of conformity defect, the CUSTOMER can ask replacement of the PRODUCT, in its choice. However, if the cost of the choice of the CUSTOMER is obviously disproportionate with regard to the other possible option , considering the value of the PRODUCT or the importance of defect, the FLORA AMAZONIA online shop can proceed to a refund, without following the option chosen by the Customer. In the hypothesis or a replacement would be impossible, the FLORA AMAZONIA online shop makes a commitment to refund the price of the PRODUCT less than thirty (30) days upon receipt of the returned PRODUCT and  exchange for the dismissal of the PRODUCT by the CUSTOMER at the following address Ybera Lyon, 97 rue Magenta, 69100 Villeurbanne France. Finally, the CUSTOMER is dispensed of bringing back the proof of the existence of the defect of conformity of the PRODUCT during twenty four (24) month following the delivery of the PRODUCT excepted for the second-hand properties for which this deadline is fixed to six (6) month. (Article L. 217-7 of the Consumer Code). It is specified that the present legal guarantee of conformity applies independently of the granted commercial guarantee, where necessary, on PRODUCTS.

Article 12.2 Warranty against latent defects

The FLORA AMAZONIA online shop is responsible to guarantee the defects of the sold PRODUCT which make it unfit for the use in which him (it) intend or which so decrease this use that the CUSTOMER would not have acquired him, or would not have given to it only a lesser price, if it had known them (Article 1641 of the Civil Code).This allows the CUSTOMER who can prove the existence of a latent defect to choose between the refund of the price of the PRODUCT if it has been returned and the refund of a part of his price, if the PRODUCT has not been returned. In the hypothesis where a replacement or a repair would be impossible, the online store makes a commitment to restore the price of the PRODUCT under thirty (30) days upon receipt of the returned PRODUCT and in exchange for dismissal of the PRODUCT by the CUSTOMER at the following address Ybera Lyon, 97 rue Magenta, 69100 Villeurbanne France. The action resulting from the defects must be instituted by the CUSTOMER within two (2) years as from the discovery of the defect. (1st Paragraph of Article 1648 of the Civil Code).

 

ARTICLE 13 - RESPONSIBILITY

The responsibility of the FLORA AMAZONIA online store can be on no account committed in case of non-fulfilment or of bad execution of the attributed contractual obligations to the CUSTOMER, in particular during the seizure of the order. The FLORA AMAZONIA online store cannot be held responsible, or considered as having failed in the present, for any delay or non-fulfilment, when the cause of the delay or the non-fulfilment is connected to a case of force majeure such as it is defined by the jurisprudence of the courts and French Courts. It is further specified that the FLORA AMAZONIA online store does not check the Web sites which are directly or indirectly bound to the SITE. Accordingly, he excludes any responsibility in conformance with the information which is published there. The links towards Web sites of third are supplied only for information purposes and no guarantee is supplied as for their contents.

 

ARTICLE 14 - FORCE MAJEURE

The responsibility of the FLORA AMAZONIA online store cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present CGV results from a case of force majeure. There is force majeure in contractual material when an event escapes from the control of the debtor, which could not be reasonably planned during the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevent the execution of its obligation by the debtor. If the hindrance is temporary, the execution of the obligation is suspended unless the delay which would result from it does not justify the resolution of the contract. If the hindrance is definitive, the contract is solved by rights and the parts are freed from their obligations in the conditions planned to articles 1351 and 1351-1 of the Civil Code. As such, the responsibility of the FLORA AMAZONIA online store will not be committed in particular in case of attack of hackers, of unavailability of materials, supplies, spare parts, equipments personal or other, of interruption of communications networks electronics, as well as in case of emergence of any circumstance or event outside the will of the FLORA AMAZONIA online store occurring after the conclusion of the CGV and by preventing the execution in normal conditions. It is specified that, in such a situation, the CUSTOMER cannot protest payment of no compensation and can institute no recourse against of the FLORA AMAZONIA online store. In case of emergence of one of the above-mentioned events, the FLORA AMAZONIA online store will inform the CUSTOMER as soon as possible. In case of emergence of one of the above-mentioned events, the FLORA AMAZONIA online store will inform the CUSTOMER as soon as possible.

 

ARTICLE 15 - PERSONNAL DATA

The FLORA AMAZONIA online store gathers on the SITE the personal data concerning his CUSTOMERS, including by means of cookies. The CUSTOMERS can deactivate cookies by following the instructions supplied by their browser. The data collected by the FLORA AMAZONIA online store are used to treat the orders performed on the SITE, to manage the account of its CUSTOMER, to analyze the orders and, if the CUSTOMER has expressly chosen this option, to send him (her) mails of market research, newsletters, special offers and/or information on one special sales, unless the CUSTOMER does not wish to receive any more from such communications on behalf of the FLORA AMAZONIA online store.

The data of the CUSTOMER are kept confidentially by the FLORA AMAZONIA online store for business purposes, for its execution and in the respect for the law. The CUSTOMERS can unsubscribe at any time by reaching their account or by clicking on the hypertext link provided for that purpose below every received offer by e-mail. The data can be communicated, in whole or in part, to the service providers of the FLORA AMAZONIA online store occurring in the process of order. For commercial purposes, the FLORA AMAZONIA online store can transfer to its business partner’s names and address and phone number of his CUSTOMERS, on condition that these expressly gave their preliminary agreement during the registration to the SITE. The FLORA AMAZONIA online store will ask specifically to the CUSTOMERS if they wish that their personal data are revealed. The CUSTOMERS can have a change of mind at any time by contacting the FLORA AMAZONIA online store. The FLORA AMAZONIA online store can also ask his CUSTOMERS if they wish to receive commercial requests of his partners.

According to the law n°78-17 of January 6th, 1978 relative to the computing in files and in liberties and in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 2016 concerning the protection of physical persons towards the data processing with staff character and in the free circulation of these data, and repealing the directive 95 / 46 / CE (General regulation on the data protection says RGPD), FLORA AMAZONIA online store assures the implementation of the rights of the concerned people. It is reminded that the processed personal data of the CUSTOMER has right of access, rectification, update, of portability and of disappearance of the information which concern him, according to provisions of the articles 39 and 40 of the IT law and Liberties modified, and in provisions of the articles 15, 16 and 17 of European general regulation on the Protection of the People (RGPD).

According to Article 38 of the modified IT law and Liberties and in provisions of the Article 21 of the RGPD, CUSTOMER can also, for justifiable motives, oppose the data processing concerning him, without motive and free of charge. The CUSTOMER can exercise these rights by sending an e-mail at the following address: [email protected]  or by sending a letter to Ybera Lyon,97 rue Magenta, 69100 Villeurbanne France. It is specified that the CUSTOMER must be able to prove her (his) identity either by scanning an ID card, or by sending to the FLORA AMAZONIA online store a photocopy of its ID card.

 

ARTICLE 16 - COMPLAINTS

The FLORA AMAZONIA online store gives to the CUSTOMER an e-mail address to [email protected] . Any written complaint from the CUSTOMER must be transmitted at the following address: to Ybera Lyon,97 rue Magenta, 69100 Villeurbanne France.

 

ARTICLE 17 - INTELLECTUAL PROPERTY

All visual and sound elements of the SITE, including the used underlying technology, are copyrighted, the right of the marks and\or the patents. These elements are the exclusive property of the FLORA AMAZONIA online store. Every person who publishes a Web site and wishes to create a direct hypertext link towards the SITE has to ask for the authorization of the online shop FLORA AMAZONIA in writing. This authorization of the online shop FLORA AMAZONIA will be on no account granted in a definitive way. This link must be deleted upon the FLORA AMAZONIA online store’s request. Hypertext links towards the SITE which uses techniques such as the centring or the insertion by links hypertexts are strictly forbidden. Any representation or reproduction, total or partial, of the SITE and its contents, by which that proceeded whether it is, without the FLORA AMAZONIA online store’s expressed authorization, is forbidden and will establish a forgery sanctioned by articles L.335-2 and following ones and articles L.713-1 and following ones of the Code of the Intellectual property. The acceptance of the present CGV is worth gratitude by the CUSTOMER of the intellectual property rights of the FLORA AMAZONIA online store and the commitment to respect them.

 

ARTICLE 18 - VALIDITY OF THE GENERAL CONDITIONS

Any modification of the legislation or the regulations in force, or any decision of a competent Court invalidating one or several clauses of the present General Conditions could not affect the validity of the present General Conditions. Such a modification or a decision authorizes on no account the CUSTOMERS to underestimate the present General Conditions. Any conditions not expressly handled in the present will be governed in accordance with custom by the trade sector to the private individuals, for companies whose head office is situated in France.

 

ARTICLE 19 - MODIFICATION OF THE GENERAL CONDITIONS

The present General Conditions apply to all the purchases made on-line on the SITE, as long as the SITE is available on-line. The General Conditions are dated in a precise way and can be modified and updated by the FLORA AMAZONIA online store at any time. The applications of the General Conditions are the ones current in moment of the order. The modifications brought to the General Conditions will not be applied to PRODUCTS already purchased.

 

ARTICLE 20 - COMPETENCE AND APPLICABLE LAW

THE PRESENT GENERAL CONDITIONS AS WELL AS RELATIONS ENTERED BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY THE FRENCH LAW. IN CASE OF DISPUTE, ONLY THE FRENCH COURTS WILL BE COMPETENT. However, before any appeal to arbitration or state judge, Customer is invited to contact the complaint department of the FLORA AMAZONIA online store. If no agreement is found or if the CUSTOMER justifies credit note tried, beforehand, to solve his dispute directly with the FLORA AMAZONIA online store by a written complaint, it will be then proposed a procedure of optional mediation, led in a spirit of loyalty and honesty to reach a mutual agreement during any conflict concerning the present contract, including carrying on its validity. To engage the mediation, the CUSTOMER can contact the mediator of the FLORA AMAZONIA online store: mediation of the European Association Ombudsman (SOUL), which address and phone number are: 197, Boulevard Saint-Germain 75007 Paris - 09 53 01 02 69 and which can be seized via this link: http: // www.mediationconsoame.com/coiffureinsti tuts-debeaute-produits-et-services.

The party wishing to perform the process of mediation will owe beforehand inform about it the other party by a registered letter with acknowledgement of receipt, indicating the elements of the conflict. The mediation, not presenting a compulsory character, the CUSTOMER or the FLORA AMAZONIA online store can withdraw themselves at any time from the process.

IN THE HYPOTHESIS WHERE THE MEDIATION WOULD FAIL OR WOULD NOT BE ENVISAGED, THE DISPUTE HAVING BEEN ABLE TO GIVE RISE MEDIATION WILL BE CONFIDED TO The COMPETENT JURISDICTION INDICATED ABOVE.