GTC
GENERAL TERMS AND CONDITIONS OF SALE
Last update date: 18/12/2021
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TERMS AND CONDITIONS 18/12/2021
I. – SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
I-1 PURPOSE:
These General Terms and Conditions of Sale apply automatically to any sale of products marketed on the ” WWW.ASKARA.FR ” website by LUCANE S.A.S., under the ASKARA brand name, hereinafter referred to as “THE VENDOR”.
LUCANE is a simplified joint stock company, with a capital of 96,000 euros, whose registered office is located at 4 bis rue de la tour, 78270 BONNIERES SUR SEINE, registered with the Trade and Companies Register of VERSAILLES under the number 340 914 415, with VAT number FR89 340 914 415.
The sale is deemed concluded on the date of validation of the order by the consumer.
Prior to this date, and in accordance with the provisions of Article L. 111-1 of the Consumer Code, the present conditions of sale are made available to any buyer for information purposes.
Any order implies unreserved acceptance of these general terms of sale, which prevail over all other conditions, except those expressly accepted by the Seller.
I-2 DURATION:
The present general conditions come into force on the date of acceptance of the order and are concluded for the duration necessary for the supply of the goods and services subscribed to, until the extinction of the guarantees and obligations owed by the company LUCANE.
LUCANE reserves the right to adapt or modify these general terms and conditions of sale at any time. In this case, only the general terms and conditions of sale in force when the order was placed will apply.
II. – ORDER
Any order, to be valid, must be established according to the process proposed by the Internet site, which implies that the Purchaser identifies himself by creating a personal customer account.
For the creation of a personal customer account, the Buyer has a customer code and a strictly personal password.
At any time, the Buyer has the right to modify, rectify or delete his data available on his account by being connected.
Any order received by the Seller is considered firm and final. The process which notes the order will be the subject of a conservation and an archiving on computer support in accordance with the provisions envisaged by the article L213-1 of the Code of the Consumption, and will be held at the disposal of the Purchaser on simple request during the time envisaged by the article L213-1 of the aforementioned code
The acceptance of the order by the Seller results from the sending of a confirmation of delivery, or from the direct delivery of the ordered products.
The seller informs the consumer of his right to register on the opposition list to telephone canvassing on: www.bloctel.gouv.fr
Conservation of contracts concluded by electronic means: The amount mentioned in article L.213-1 is fixed at 120 euros.
The period mentioned in article L.213-1 is fixed at 10 years as from the conclusion of the contract when the delivery of the good or the execution of the service is immediate in the contrary case, the period runs as from the conclusion of the contract until the date of delivery of the good or the execution of the service and for a duration of 10 years as from this one.
III. – DELIVERY
Unless specific conditions specific to the sale, the delivery will be made by postal service (Colissimo Suivi or Lettre suivie according to the characteristics of the Purchase). A tracking number will be indicated on the site so that the Buyer can follow the transport of his package.
Orders cannot be picked up at a physical location.
Orders will be delivered to the address indicated by the Buyer at the time of the order.
Preparation and delivery time of the order in metropolitan France: 4 working days.
For overseas and international : 7 working days
IV. – SHIPPING COSTS and RISKS
For deliveries in metropolitan France, shipping is free for orders of 69 euros or more.
For deliveries in the French overseas territories or internationally, an estimate will be sent upon request of the Buyer to the address contact@askara.fr. The order will then be definitively validated only after acceptance by the Buyer of both the price of the order, and the price of transport.
For orders under 69.00 euros including VAT, shipping costs are 8.50 euros including VAT in France.
If the trader fails to fulfil his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in the first paragraph of Article L.216-1 or, failing that, no later than 30 days after the conclusion of the contract, the consumer may rescind the contract by registered letter with acknowledgement of receipt or by a written document on another durable medium if, after having enjoined the trader to deliver the goods or provide the service within a reasonable additional period, the trader has not done so.
The contract shall be deemed to be terminated upon receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
When the contract is terminated under the conditions provided for in Article L.216-2, the trader shall reimburse the consumer for all the sums paid, at the latest within 14 days of the date on which the contract was terminated.
The costs and risks associated with the delivery of the products are the exclusive responsibility of the Seller.
the transfer of the risks of loss and deterioration will be carried out at the time when the purchaser takes physical possession of the products. The products travel at the seller’s risk. The buyer is required to check the condition of the delivered products. He has a period of FOURTEEN DAYS from delivery to make reservations or claims on contact@askara.fr.
If your package was obviously damaged upon delivery, refuse the carrier. Do not sign the delivery note without making precise reservations, take pictures.
the seller will exchange or refund the delivered damaged products within eight days.
If the Buyer communicates an erroneous or untraceable address, he will then assume the costs and risks of the transport of the sold products, including the expenses of return.
V. – AWARDS
The prices of the products sold are those appearing on the site on the day of the order.
These prices are, at this date, firm and final.
They are expressed in legal tender and stipulated all taxes included, packaging included, but excluding delivery costs.
VI. – RESERVATION OF OWNERSHIP
The products remain the property of the Seller until full payment of the price and delivery charges.
VII. – TERMS OF PAYMENT
The payment of the price is carried out cash with the order:
– By credit card (Carte Bleue, Visa, Eurocard, Mastercard) on the secure server of our banking partner, which implies that no banking information passes through our site, the payment is encrypted and validated by our banking partner.
– By Bank Transfer,(Download our RIB).
– Payment of your order in 3 or 4 times by credit card from 100€ up to 3000€ with Oney Bank(CGV Oney).
Oney Bank offers its partners’ retail customers a financing solution called “3x 4x Oney”. This personalized financing for each customer’s order allows the consumer to pay for his purchases of products and/or services from 100€ to 3000€ in 3 or 4 times by credit card under the following terms and conditions:
Conditions: This offer is reserved for individuals (natural persons of legal age) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the duration of the chosen financing. Cards with systematic authorization such as Electron, Maestro, Nickel etc… as well as e-cards, Indigo and American Express cards are not accepted.
How to subscribe: After completing your order, simply click on the “Payment in 3x 4x Oney by credit card” button. You are then redirected to the 3x 4x Oney web page of our partner, where you will find a detailed summary of your order and the personalized financing request, which you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account. You will read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read them, print them and save them before accepting them.
You then notify your electronic acceptance with the corresponding checkbox.
You acknowledge that the “double click” associated with the check box on the acknowledgement of the general conditions are worth consent to contract and constitute an irrevocable acceptance without reserve of the general conditions of the product.
In the absence of proof to the contrary, the data recorded by Oney Bank shall constitute proof of all transactions between you and Oney Bank.
If you apply for a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it to study your application for the granting, management and collection of credit.Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have a 14-day cooling-off period to cancel your credit.
How it works: The payment in 3 or 4 times by credit card allows you to pay the order made on our merchant site in the following way:
– a mandatory contribution, debited on the day of the confirmation of the shipment of your order;
– two or three monthly instalments, each corresponding to one third or one quarter of the order, taken 30 and 60 days after for the 3 times and 30, 60 and 90 days after for the 4 times, which include, in case of 3x 4x with fees, fees corresponding to 1.45% of the total amount of the order for a 3 times and 2.2% for a 4 times (within the limit of 15€ maximum for a 3 times payment and 30€ maximum for a 4 times).In order to better understand how the 3x 4x Oney by credit card works, here are some examples:
– Examples of 3x 4x Oney by credit card, with fees, from 100€ of purchase and up to 3000€:
Example for the payment in 3 times: For a purchase of 150€, contribution of 52,18€ then 2 monthly payments of 50€.
Credit for a period of 2 months at a fixed APR of 19.31%. Cost of financing: 2.18€ with a maximum of 15€.
Example for the payment in 4 times: For a purchase of 400€, contribution of 108,80€ then 3 monthly payments of 100€.
3-month loan at a fixed APR of 19.61%. Cost of financing: 8.80€ with a maximum of 30€.Oney Bank – SA with a capital of € 51,286,585 – Registered office: 34 avenue de Flandre 59170 CROIX – RCS Lille Métropole 546 380
197 – Orias n° : 07 023 261 – www.orias.fr – Correspondence : CS 60006 – 59 895 Lille Cedex 9 – www.oney.fr
No order can be taken into account in the absence of a complete payment at this date.
An invoice will be provided to the Buyer upon request.
VIII – GUARANTEES
The buyer may exercise these guarantees by sending his request to theseller‘s postal address:
Askara
S.A.S. LUCANE
4 BIS RUE DE LA TOUR
LE MESNIL RENARD
78270 BONNIERES SUR SEINE
Phone : 01.30.98.98.80
mail : contact@askara.fr
When the Buyer acts in legal guarantee of conformity, he :
– will have a period of two years from the delivery of the property to act;
– will be able to choose between repair or replacement of the good subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– will be exempted from proving the existence of the lack of conformity of the goods during 24 months following the delivery of the goods.
The guarantee of conformity will apply independently of the commercial guarantee granted.
The Buyer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In order to assert his rights, the buyer shall inform the Seller by post of the non-conformity of the products within a maximum period of two years from the delivery of the products or the existence of hidden defects within a maximum period of two years also from their discovery.
Seller will refund, replace or repair products or parts under warranty found to be non-conforming or defective. The shipping costs will be reimbursed
On the basis of the invoiced rate.
In the case of guarantee of conformity the purchaser will return the product to S.A. S. LUCANE 4bis rue de la Tour- Le mesnil renard- 78270 Bonnières sur seine
which after examination of the product will proceed either to a repair of the product within thirty days, or will exchange the product within seven days, or will proceed to the refunding of the product within seven days on the bank account of the Purchaser or by bank check.
In the case of a hidden defect, the buyer has the choice to return the item and get the price back, or to keep the item and get part of the price back
IX. – RESPONSIBILITY
The responsibility of the salesman could not be committed in the following case:
The non-respect of the legislation of the country in which the products are delivered, which it is up to the Buyer to verify,
Damage resulting from the use of the Internet such as loss of data, intrusion, viruses, disruption of service, or other unintended problems,
In case of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in case of normal wear and tear of the Product, accident or force majeure as defined by the French courts, due to a third party.
The seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a hidden defect.
X. – RIGHT OF WITHDRAWAL
Click on the following link(s) to download:
Withdrawal form
This form must be completed and returned only if you wish to withdraw from the following contract: order placed on the site www.askara.fr except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
INFORMATION ABOUT EXERCISING THE RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify us:
Askara
S.A.S. LUCANE
4 BIS RUE DE LA TOUR
LE MESNIL RENARD
78270 BONNIERES SUR SEINE
mail : contact@askara.fr
Your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You can use the model of the withdrawal form whose link is indicated on the page of the General Conditions of Sale in the article “XI. – RIGHT OF WITHDRAWAL” by clicking on the link ” Download the withdrawal form (pdf)
In order for the withdrawal period to be observed, it is sufficient for you to send your notice of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this Agreement, we will refund all payments received from you, including delivery charges (except for any additional charges arising from the fact that you have chosen a delivery method other than the cheapest standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will issue a refund using the same payment method you used for the original transaction, unless you expressly agree to a different method; in any event, there will be no charge to you for this refund. We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first.
You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if you return the goods before the fourteen-day period has expired.
You will be responsible for the direct cost of returning the goods by mail.
You are only responsible for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
The Buyer has a period of 14 days from the receipt of the order to withdraw.
The costs of returning the ordered products shall be borne by the Buyer and the returns shall be made to the address of the Company LUCANE together with the duly completed withdrawal form attached hereto.
The refund of the paid order will take place at the latest within 14 days from the date on which the Seller is informed of the Buyer’s decision to withdraw. Unless otherwise requested by the Buyer, the refund will be made by the same means of payment used by the Buyer.
The consumer can also to proceed to the exchange of the ordered product, for a product of an equivalent amount.
If the price of the exchanged product is higher, the Buyer will send an additional payment corresponding to the difference including VAT. If the price of the product is lower, the Seller will send a refund / a Credit note corresponding to the difference.
In the event of an exchange, the cost of returning the product and sending the exchanged product will be charged to the Buyer.
In case of refund, it will be done within fourteen days either by check or credit card.
XI. – AMICABLE SETTLEMENT OF DISPUTES
For any complaint, we invite you to contact us beforehand or to contact our after-sales service at the following postal address
Askara
S.A.S. LUCANE
4 BIS RUE DE LA TOUR
LE MESNIL RENARD
78270 BONNIERES SUR SEINE
Phone : 01.30.98.98.80
mail : contact@askara.fr
If you have a problem with an order, in accordance with the rules applicable to mediation, you must refer your dispute to the customer service: contact@askara.fr before using the mediation service for consumer disputes related to a purchase made on askara.fr.
In case of dispute between the professional and the consumer, they will try to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility of seizing free of charge the mediator of consumption to which the Professional belongs, namely the Association of the European Mediators (AME CONSO), within one year as from the written complaint addressed to the Professional.
The referral to the Consumer Ombudsman must be made :
– or by completing the form provided on the AME CONSO website: www.mediationconso-ame.com
– or by mail addressed to AME CONSO, 11 Place Dauphine-75001 PARIS
Under Article L. 612-1 of the Consumer Code “Any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional.”
The disputes falling within the scope of article L. 612-1 of the Consumer Code are the disputes defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
According to the article L612-2 a dispute cannot be examined by the mediator of the consumption when :
1- the consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by a written complaint according to the terms and conditions provided for, if any, in the contract.
2- the request is clearly unfounded or abusive.
3- the dispute has been previously considered or is being considered by another mediator or by a Court.
4- the consumer has introduced his request to the mediator within a period of more than one year from his written complaint to the professional.
5- the dispute does not fall within its jurisdiction.
The consumer is informed by the mediator, within a period of three weeks from the receipt of his file, of the rejection of his request for mediation.
According to the European Commission’s regulation, you can file a complaint on the online dispute resolution platform which is available to you at: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
XII. – INTELLECTUAL PROPERTY
All elements of the askara.fr website, whether visual or audio, including the underlying technology, are the property of LUCANE.
Any user who has a website and wishes to place on his site a link directly to the askara.fr website, must request authorization from LUCANE.
Any link to the askara.com site using the framing or in-line linking technique is strictly prohibited.
XIII. – APPLICABLE LAW AND JURISDICTION
The present general conditions of sale will be governed by French law.
Any dispute arising out of the formation, interpretation or performance of this Agreement may be brought before the court having jurisdiction over the place where the Buyer resided at the time the Agreement was entered into or at the time the harmful event occurred, or failing that, before the courts having jurisdiction over the Seller’s registered office, notwithstanding plurality of defendants or third party claims.