General Terms and Conditions
The company AHORASI, SAS with a capital of 1000 euros, whose headquarters are located on 8 rue de Boue – 10130 SAINT PHAL – France, is listed in the commercial register of the city of Troyes under the number 832 054 654, is represented by Mr Roger Reignard, President (hereinafter “AHORASI”), and edits and manages the “Ahorasi” website whose official domain is: https://ahorasi.fr (hereinafter « WEBSITE »). In that capacity, it is your contractual partner for any order made through this WEBSITE.
Any order made through this WEBSITE is submitted to the present General Terms and Conditions.
These General Terms and Conditions are concluded between the SAS AHORASI on one hand, and the CLIENT, a non-professional buyer of goods for his personal use, on the other hand.
The ClIENT and the SAS AHORASI are, in these General Terms and Conditions, named the PARTIES.
Important : all orders made through the WEBSITE imperatively require that the CLIENT accepts these present General Conditions and Terms.
Clause 1. Definition
The terms used hereinafter in these present General Terms and Conditions mean the following:
- « CLIENT »: is the co-contracting party of SAS AHORASI, who guarantees that he is a consumer as defined by the French law and jurisdiction. In this capacity, it is implied that this CLIENT does not act for commercial purposes. Online ordering on the WEBSITE is NOT for wholesale buyers.
- « DELIVERY »: is the CLIENT’s first view of the PRODUCTS that he has received at the address filled in when placing the order.
- « PRODUCTS »: is the total of products available on the WEBSITE.
Clause 2. Object of the Contract
The present General Terms and Conditions are designed to set contractual provisions relating to the rights and obligations of the CLIENT and SAS AHORASI within the scope of the orders made through the WEBSITE. These present General Terms and Conditions as well as the information provided when this order is approved by SAS AHORASI, constitute the sole contractual commitment between SAS AHORASI and the CLIENT.
Clause 3. Changes made to the General Terms and Conditions
The General Terms and Conditions apply while the PRODUCTS are online. SAS AHORASI has the right to change them at any time. These changes come into effect as soon as they are published on the WEBSITE. Only the General Terms and Conditions online on the day of the order apply for the order. They are submitted to the CLIENT and the CLIENT must accept them to make his order.
Clause 4. Nature of the General Terms and Conditions
In no circumstances do these present General Terms and Conditions make the CLIENT an employee, a company officer, an agent or a representative of SAS AHORASI. Moreover, the PARTIES declare that these General Terms and Conditions cannot, in any circumstances, be considered an act constitutive of any legal entity, and that they are not bound together by any relationship of « affectio societatis ».
Clause 5. The commercialized product
The (qualitative and quantitative) essential characteristics of the PRODUCTS are described on the WEBSITE as precisely as possible – or at the very least according to the information given to SAS AHORASI by the suppliers.
PRODUCTS are available as long as they are displayed on the WEBSITE, while stocks last or as defined otherwise.
If the PRODUCT is no longer available, SAS AHORASI commits to informing the CLIENT as soon as possible by any appropriate means. In that case, the CLIENT will have the choice to either cancel his order, after which he will be reimbursed in full within 30 (thirty) days following the cancellation of the order, or to wait for a new deadline for the delivery of the PRODUCT if it is to be restocked – information provided by SAS AHORASI.
Everything is done to ensure that photos of the PRODUCTS seen on the WEBSITE are as true to the original products as possible. However, some variations are possible, in particular due to technical issues on the client’s I.T equipment which can change the rendering of colours. SAS AHORASI is not responsible for the variations that are out of its control, or for imperceptible variations.
Clause 6. Order
6.1 Conditions needed to order
The CLIENT must be at least eighteen (18) years old and have the necessary legal capacity to make and honor the order, or must hold an authorization that allows him to place or honor the order, and be able to show this authorization at any given moment, should SAS AHORASI request it.
Ordering must respect the procedure detailed on the website and hereinafter. To order online, the CLIENT must follow the following procedure: select the PRODUCT(S) and add them to the shopping basket.
The CLIENT confirms the order by clicking on the button on the page listing the products or on a page detailing a specific product. In accordance with the article 1369-5 of the Civil code relative to the entering of an electronic contract, the CLIENT can view the detail of his order (PRODUCT, reference, quantity, unit price) and its total price and correct potential mistakes. The CLIENT must thoroughly check that his order is correct before confirming it: he must confirm his order by choosing his payment method. As soon as SAS AHORASI is notified of your order, it will send you a confirmation by mail. Orders are final, there are no conditions.
An order is not final until a secured payment by credit card or any other payment method accepted by the website has been received.
Clause 7. Modification of an order
LOrders can theoretically not be modified as they are processed immediately after SAS AHORASI receives them. However, if it has not yet been processed, a CLIENT may still ask the Customer Service for a modification by sending an email to firstname.lastname@example.org before the orders are sent out, provided that SAS AHORASI gives its consent.
Clause 8. Price, billing and payment
8.1 Price and Billing
The prices that appear on SAS AHORASI’s website may me modified at any moment. The price that the CLIENT pays is the price that appeared on the website when he ordered, unless an error in display has been made (for example, an unbelievably low price).
These prices apply for orders on this WEBSITE and SAS AHORASI cannot be held responsible for a variation of price if the client places an order using another channel.
Prices appear in Euros inclusive of all taxes and French VAT at the rate applicable on the day of the order.
Product prices do not include delivery fees. The latter are stated clearly before the client proceeds to pay.
An invoice is drafted for each order and is available on the www.ahorasi.fr website when the client logs in to his personal account.
The CLIENT must pay online by credit card (Visa, Credit Card, MasterCard…) at the same time as he places his order. All orders are payable in Euros.
The product must be paid in full at the time the order is placed. There is no possibility of simply leaving a deposit or a down payment.
For all transactions, the CLIENT must indicate the number on the front of his credit card, the expiration date and the cryptogram at the back of his card (three last numbers).
If the CLIENT communicated his credit card number, SAS AHORASI deduces that it has the CLIENT’s authorization to debit his account of the amount of his order.
No payment on delivery will be accepted, no matter the justification.
The CLIENT’s order is dispatched only after the payment method has been verified, and the authorization for debit has been received.
8.3 Default on payment
SAS AHORASI reserves the right to refuse to deliver or to honor an order placed by a consumer who has not payed or who has only partially payed its previous order, or who is in the midst of a legal dispute due to default of payment.
8.4 Verifying payments
SAS AHORASI inspects all orders submitted through its website. These controls aim at protecting SAS AHORASI from fraudulent actions. Our company may have to ask you for justification that is missing in order to validate your order : proof of address or debit made in your name, or proof of address for the delivery address… These requests will be made by email.
Clause 9. Delivery
9.1 Terms and conditions
The CLIENT must choose a delivery address located in mainland France, in Corsica, on French overseas territory, or in one of the countries of the European Union mentioned in the delivery conditions. The CLIENT is fully responsible if delivery issues arise due to a lack of information on their part when ordering.
The CLIENT may choose between different delivery modes. They depend on the cost of the order and on the CLIENT’s delivery address.
The current delivery modes are the following:
- Colissimo by the French Postal Service
- Tracked letter by the French Postal Service
SAS AHORASI confirms the delivery date by email to the client. The parcel is sent out according to the delivery method picked by the CLIENT.
The products are sent out with the delivery note, to the delivery address communicated by the CLIENT when he ordered. Orders cannot be delivered to hotels or PO Boxes.
The delivery times indicated on the website are approximate. They are based on an average of the usual delays required to treat and deliver orders. These delays are expressed in working days, so do not take Saturdays, Sundays and public holidays into account. In order for these delays to be respected, the CLIENT must make sure that he has given correct and complete information regarding the delivery address (such as : street, building and staircase number, access codes, name(s) and/or intercom number, etc.), his email as well as phone number.
It is the CLIENT’s responsibility to ensure that the parcel he receives is in perfect condition and if not, to detail the visible damage on the delivery note.
If the parcel shows any sign of damage after it has been opened, or if an item is missing inside the parcel, the CLIENT must imperatively notify SAS AHORASI, by all means possible, in the three (3) days following delivery.
9.2 Delivery time
Delivery time is provided for information when placing your order.
It is specified that any change made to the delivery address by the CLIENT after his order has been processed can lengthen delivery time.
It is also specified that SAS AHORASI cannot face penalty for a delay in the delivery time.
Clause 10. Retention of title
The delivered PRODUCTS remain the property of SAS AHORASI until the CLIENT has fully paid the item(s).
The risks attributed to the PRODUCTS are transferred to the CLIENT when he receives the items.
Clause 11. Returning and exchanging
The CLIENT has 60 days following the day of delivery to return the PRODUCTS in order to proceed to their exchange. The CLIENT has 14 days following the day of delivery to return the PRODUCTS for a full refund. In order to exchange a PRODUCT or get a refund, the CLIENT must respect the following procedure:
- The CLIENT must contact the Customer service, in the delays that are indicated below, by email, and he must include the order number and his name. Email: email@example.com
- Within a maximum of 24 hours (working days), the Customer service will inform the CLIENT of the procedure that he must follow in order to return his PRODUCT(S).
- The PRODUCTS can only be exchanged or reimbursed if they have not been worn and/or washed.
- The PRODUCTS must be return by the CLIENT in their original package, with the label, and must not have been worn or washed. If the returned PRODUCTS or their original package are missing an item, are incomplete, damaged, dirty or have a smell (of cigarette, frying, or a stale smell…), they cannot and will not be reimbursed or exchanged.
- The CLIENT must send the PRODUCT(S) back to the address sent to him, within 14 days maximum, without excessive delay, after the procedure has been started.
- As soon as it has received the PRODUCTS, SAS AHORASI will notify the CLIENT. The exchange of refund will then be done in a maximum of seven (7) days (excluding time to deliver the PRODUCT by post). For any exchange, it is not guaranteed that the new item will have the exact same colour.
Clause 12. Right to Retract
12.1 Right to Retract
In accordance with the article L. 121-20 of the Consumer Code, the CLIENT has fourteen (14) days following the day of delivery, to retract without justification or risk of facing penalties.
If the fourteen-day delay comes to an end on a Saturday, a Sunday, a public holiday or a non-working day, it is extended to the next working day.
It is specified that the CLIENT cannot exercise his right to retract if the item he has ordered has been custom-made (colour, quality) or customized according to his specifications (printing, engraving…), or if it has been worn, washed, or stained, in accordance with article L.121-20-2 of the Consumer Code.
If the CLIENT wishes to retract, SAS AHORASI commits to reimbursing him fully, excluding return delivery costs, in the best possible delays and at latest within fourteen (14) days as from the day the CLIENT asked to retract. The amount will be reimbursed by cheque or directly by bank transfer (crediting the card that the CLIENT used when he ordered).
12.2 Exercice of that right or right to retract
When the CLIENT exercises his right to retract by sending the PRODUCTS back to SAS HORASI, the products must be returned in perfect condition in the original package (or in a package that truly protects the product during transportation), to the following address:
- 8 rue de Boue
- 10130 SAINT PHAL – FRANCE
It is specified that the CLIENT cannot exercice his right to retract if the PRODUCT shows signs of wear that clearly show that it has been used a lot. In other words, a PRODUCT that has been washed or stained cannot be reimbursed or exchanged.
Clause 13. Legal Warranties
If, despite all of the care that we bring to our products, the PRODUCT(S) that were delivered to you are not in conformity with your order or if they have hidden defect, you have extra legal rights, according to articles L. 211-4, L. 211-5 et L. 211-12 of the Consumer Code and articles 1641 and 1648 of the Civil Code.
If this be the case, any lack of conformity or hidden defect must be reported by the CLIENT when the product is delivered and, as soon as possible, also reported to SAS AHORASI by email at the following address: firstname.lastname@example.org
Moreover, in accordance with article 1642 of the Civil Code, SAS AHORASI cannot withhold information about a product that has hidden defect that might make it impossible to be used as it should be used, or because of which the buyer might not have bought it, or would have bought it for a lesser price, if he had known.
It is specified that the products are guaranteed if they are used correctly. Guarantees do not cover signs of wear that are bound to appear if the product is used as it should, or isn’t, or if it has not been taken care of.
If there is a lack of conformity or a hidden defect, the CLIENT can ask to exchange the product with a new identical one, if stocks permit it and depending on the designs available at that time.
If SAS AHORASI is unable to exchange the product or repair it, it commits to refund the PRODUCT within 60 days as from the day it receives the returned product and in exchange for this returned product that the CLIENT must send to the following address:
- 8 rue de Boue
- 10130 SAINT PHAL – FRANCE
Article 14. Responsibility
SAS AHORASI cannot be held responsible in the following cases:
If the contractual services are not carried out properly and that this has an impact on the CLIENT, for example if, when the order is placed, the security of its website is breached by an unauthorized third party, and not by its own negligence.
If the CLIENT considers that SAS AHORASI has failed to comply with the present General terms and conditions by not dealing with his order or for any delay in delivery, and that this is in reality due to a case of absolute necessity as defined by the jurisprudence of the French courts.
Clause 15. Claims
The CLIENT can contact SAS AHORASI at the email address email@example.com. Any written claim by the CLIENT must be sent to this email address, or by mail at the following postal address : 8 rue de Boue – 10130 SAINT-PHAL – France.
Article 16. Personal Data Protection
In accordance with the 6 January 1978 law on Information technology, data files and civil liberties modified by the 6 August 2004 law, the CLIENT’s personal data (first name, last name, company name, occupation, email address, postal address, phone number, fax number, bank details and any other data communicated by the client when filling in forms) is collected by SAS AHORASI for the purposes of good management of orders, deliveries and invoices. SAS AHORASI commits to not circulating its client file to third parties. The CLIENT’s data is kept confidentially, in accordance with the CNIL declaration 2173395v0 of the 04/18/2018, for the purpose of executing its contract.
The CLIENT has the right of access to his/her personal data and the right to modify, rectify, or delete personal information collected by SAS AHORASI that concerns him/her.
In order to do this, the CLIENT must either send an email to firstname.lastname@example.org, or write to SAS AHORASI, 8 rue de Boue – 10130 SAINT PHAL - France.
It is specified that the CLIENT must be able to justify his/her identity, either by scanning his identity card or passport, or by sending SAS AHORASI a photocopy of his card or passport by mail.
By placing an order, the CLIENT gives permission to SAS AHORASI to use his data for good order and invoice management. The CLIENT is informed that this data may be communicated to delivery services or companies in charge of billing, all of them service providers of SAS AHORASI.
Clause 17. Intellectual property
The brands, logos, slogans, graphics, photos, animations, videos and texts on the WEBSITE are and shall remain the exclusive intellectual property of the company SAS AHORASI and cannot be reproduced, used or represented without the express authorization of SAS AHORASI, under pain of legal proceedings. SAS AHORASI and Mr. Roger Reignard are the sole owners of the AHORASI brand which regularly applies at the INPI.
Any attempt of total or partial representation of this WEBSITE and its content, by any means, without express authorization by SAS AHORASI is forbidden at the risk of infringing the articles L. 335-2 and following and the articles L. 713-1 and following of the Code of Intellectual Property which punished the offense of counterfeiting.
SAS AHORASI expressly prohibits:
The extraction, by permanent or temporary transfer of all or a substantial part of the contents of a database to another medium by any means or in any form, and the re-utilisation, by making available to the public all or a substantial part of the contents of a database, by any means.
Article 18. Archiving the contract
Any contract with a CLIENT that corresponds to more than 120 Euros all taxes included will be archived by SAS AHORASI for a period of ten (10) years, in accordance with article L. 134-2 of the Consumer Code.
The CLIENT can request to view his contract at: email@example.com.
Clause 19. General provisions
The fact that one of the PARTIES did not require the application of any clause of these General Terms and Conditions, whether on a permanent or a temporary basis, shall not in any circumstances be considered as a waiver of the rights of that party arising out of that clause.
The present General Terms and Conditions do not confer any exclusive rights to the CLIENT regarding the provision of services or guarantee of quality.
Should any of the provisions contained in these present General Terms and Conditions become unlawful, it will therefore be deemed as not written but nevertheless shall not lead to the nullity of the other clauses which will remain valid
In such event, the PARTIES undertake to reach an agreement by which the purpose of the unlawful clause can be achieved with the same end result.
Clause 20. Applicable law - Competent authorities
The present conditions are subject to French law, both in terms of basic rules and for the rules governing their form. Any claim will be subject to negotiations in order to reach an amicable settlement. If it is not amicably settled, power of jurisdiction is attributed to French courts, despite multiple defendants or collateral.
20.1 Reproduction of applicable law
Art. L. 211-4. Of the Consumer Code. The SELLER must deliver goods that are in conformity with the sales contract. He promptly repairs the product or send a replacement after the damaged or defective product has been returned.
Art. L. 211-5 of the Consumer Code. To be in conformity with the contract, it must: 1/ Be appropriate for the use normally expected for such an article and, if necessary : comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model; have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his/her representative, especially in advertising or labelling. 2/ Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the CLIENT, which was made known to the seller and which the latter agreed to.
Art. L. 211-12 of the Consumer Code. Action resulting from defects in conformity lapses after two years from the date of delivery of the article
Art. 1641 of the Civil Code. A seller is bound to a warranty on account of the latent defects of the product sold which rende it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Art. 1648 of the Civil Code. The action resulting from latent defects must be brought by the buyer within a period of two years following the discovery of the vice.