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ARTICLE 1 – SELLER’S DETAILS
These are the General Terms and Conditions of Sale for AMI PARIS SAS (Société par Actions Simplifiée) [a simplified joint stock company] under French law, whose registered office is 54 Rue Etienne Marcel, 75002, Paris, France, registered in the Paris Trade and Companies Register under number B 527 636 609, under VAT number FR13527636609.
ARTICLE 2 – ENTIRE AGREEMENT
These General Terms and Conditions of Sale (referred to from now on as “General Terms and Conditions of Sale”) set out all the parties’ obligations. The Buyer is therefore deemed to fully accept all the provisions of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to all sales made on the website https://www.amiparis.com/ . They do not apply to in-store sales or sales through other marketing channels. They are available on the website https://www.amiparis.com/ (referred to from now on as the “Site”) and will take precedence over any other document. AMI PARIS (referred to from now on as “AMI PARIS” or the “Seller”) and the Buyer agree that these General Terms and Conditions of Sale will govern their relationship.
The AMI PARIS products (referred to from now on as the “Products”) are exclusively intended for sale to end customers who are natural persons or non-professional legal entities (referred to from now on as the “Customers”), excluding all resellers or intermediaries acting on behalf of resellers. This means that the Buyer states that it is acting as an end consumer and that it does not intend to resell the Products for commercial purposes.
The Seller reserves the right to amend the General Terms and Conditions of Sale from time to time and they will take effect as soon as they are published online. Should a selling condition not be complied with, it will be deemed to be governed by the current practices in the distance selling sector.
ARTICLE 3 – CONTENT
The purpose of these General Terms and Conditions of Sale is to set out the rights and obligations of the Parties in the context of online sales of AMI PARIS products offered by the Seller through the Site. The Buyer confirms that they have read and accepted the General Terms and Conditions of Sale when placing the order. The General Terms and Conditions of Sale are enforceable against the Buyer in accordance with the terms of Article 1119 of the French Civil Code.
ARTICLE 4 – PRE-CONTRACTUAL INFORMATION
The Buyer acknowledges that, before placing their order and entering into the contract, they have been informed, in a legible and comprehensible manner, about these General Terms and Conditions of Sale and about the following information: the essential characteristics of the Products; their price and the related delivery charges; the delivery time; the Seller’s identity; the terms of payment and the procedures for returns and handling of complaints.
ARTICLE 5 – PLACING AN ORDER
Any order placed on the Site implies express acceptance of the General Terms and Conditions of Sale and acceptance of the prices and Products available for sale on the Site.
Order process
The Buyer wishing to place an order must follow the following procedure:
1) Product selection: the Buyer must select the Product they want to order.
2) Check the contents of the Buyer’s selection: the Buyer checks the contents of their basket while retaining the right to remove the Products they have selected.
3) Identification: the Buyer can create an account by filling in the identification form provided and providing the information requested (mandatory information, surname, first name, address, e-mail, password and telephone number for delivery). However, the Buyer is not required to create an account to place an order on the Site and may proceed in guest mode if need be.
4) Check the Buyer’s order: the Buyer checks the content of their order, the total price, the delivery address and the billing address while retaining the right to remove a Product or amend the billing and delivery address. The Buyer confirms their delivery and payment methods.
By placing an order, the Buyer confirms their acceptance of these General Terms and Conditions of Sale. After confirming payment, the Buyer may no longer amend and/or cancel their order. However, they may contact Customer Services within thirty (30) minutes of confirming their order to request a cancellation. 1) Acknowledgment of receipt of the order: the Buyer receives an e-mail summarizing the contents of their order, i.e.:
− the delivery and billing addresses
− the order number
− the order date
− the list of Products ordered and their quantities; and
− the delivery method and terms (address provided by the Buyer).
The Buyer is advised to keep and print this document as official proof of their order. The order is then recorded and processed by AMI PARIS, which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
2) Confirmation of dispatch of the order: the Buyer receives an e-mail summarizing the contents of their order. The contract is deemed to have been concluded on the date this e-mail is sent. If a Product ordered is unavailable, the Product cannot be shipped, and the Buyer will obtain a refund for any Product not shipped. The refund will be made within fourteen (14) days.
In certain cases, in particular, in the event of non-payment or other problems with the Buyer’s account, the Seller reserves the right to block the Buyer’s order until the problem has been resolved.
The order will then be canceled and refunded if necessary.
To track an order, the Buyer may refer to the order tracking page in their customer account, the FAQ pages or ask a question via our contact form . The Buyer may also contact AMI PARIS Customer Services (referred to from now on as “Customer Services”).
● Tel: +33 1 86 95 25 50
● Mail: AMI PARIS Customer Services, 54 Rue Etienne Marcel, 75002, Paris, France.
ARTICLE 6 – ELECTRONIC SIGNATURE
The Buyer’s online disclosure of their bank card number and the final confirmation of the order will constitute proof of the Buyer’s agreement to:
● Pay the amounts due in respect of the order form,
● The signature and express acceptance of all operations carried out.
ARTICLE 7 – PROOF OF PURCHASE
The electronic records, kept in the Seller’s computer systems under reasonably secure conditions, will be considered as proof of communications, orders and payments between the parties. Orders and invoices are archived in a reliable and sustainable manner so that they can be used as evidence.
ARTICLE 8 – PRODUCT INFORMATION
The Products governed by these General Terms and Conditions of Sale are those which appear on the Site, and which are indicated as sold and shipped by AMI PARIS. They are offered while stocks last.
AMI PARIS is not liable if the Products are out of stock or unavailable on the Site.
AMI PARIS reserves the right to change the Products offered on the Site at any time and without prior notice.
To ensure a better quality of service and availability of its Products to all Buyers on the Site, AMI PARIS reserves the right to limit the quantity of Products that may be purchased by a Buyer, in accordance with the provisions applicable in this respect and in particular those of Article L.121-11 of the French Consumer Code.
While every effort is made to ensure that the color and design of the Products whose photos are displayed on the Site are true to the original Products, variations may occur, in particular, due to the technical limitations of color rendering on the Buyer’s computer equipment. Therefore, AMI PARIS may not be held liable for any mistakes or inaccuracies relating to the non-essential properties of the Products appearing in the photographs or graphic representations of the Products on the Site.
AMI PARIS reserves the right not to accept an order from a Buyer with whom it is in dispute over a previous order, or if AMI PARIS reasonably believes that this Buyer has breached these General Terms and Conditions of Sale or is engaged in fraudulent activity, or for any other legitimate reason.
ARTICLE 9 – PRICE
The Seller reserves the right to amend its prices at any time but agrees to apply the prices in force at the time the order is placed, subject to availability on that date.
Depending on the delivery country selected, prices may be displayed as follows:
- All taxes included, taking into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will be automatically passed on.
- Excluding taxes, with taxes and customs duties to be paid when placing the order.
- Excluding taxes, with taxes and customs duties payable on delivery.
There will always be a message when placing the order to inform the Buyer about any specific information relevant to their order and the applicable terms and conditions. Furthermore, prices do not include delivery charges, which are invoiced separately and stated before the order is confirmed.
The full price must be paid when the order is placed. At no time may the amounts paid be considered as deposits or advance payments.
If one or more taxes or contributions, particularly environmental taxes or contributions, were to be created or amended, resulting in either increases or decreases, this change may be reflected in the sale price of the Products.
If certain Products ordered are unavailable, only the price and transport costs relating to the Products available will be debited.
ARTICLE 10 – PAYMENT METHODS
The order is subject to payment, which means that placing the order implies payment by the Buyer.
To pay for their order, the Buyer may choose from any of the payment methods made available by the Seller. The Buyer guarantees that they have the necessary authorizations to use the chosen method of payment. The Seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorize payment by bank card by the officially accredited bodies or in the event of non-payment. The Seller specifically reserves the right to refuse to make a delivery or to honor an order from a Buyer who has not paid in full or with whom a payment dispute is ongoing.
The Seller reserves the right to cancel an order in cases of suspected fraud.
For payment by bank card, the card is not debited until the order has been dispatched. Payments made by the Buyer will not be considered final until the Seller has actually received the amounts due.
ARTICLE 11 – PRODUCT AVAILABILITY – REFUND – TERMINATION OF CONTRACT
Product offers and prices are valid for as long as they remain visible on the Site, while stocks last.
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the Site, delivery times will be, while stocks last, those indicated for information purposes when placing the order. Delivery times run from the order processing date indicated on the order confirmation e-mail.
The Seller reserves the right not to accept an order from a Buyer with whom it is in dispute over a previous order, or if AMI PARIS reasonably believes that the Buyer has breached these General Terms and Conditions of Sale or is engaged in fraudulent activity, or for any other legitimate reason.
ARTICLE 12 – DELIVERY TERMS
The costs of preparation and dispatch are borne by the Seller unless the Buyer opts for one of the specific delivery methods offered at the time of placing the order, in which case the costs will be borne by the Buyer. The amount of these costs is communicated to the Buyer before the order confirmation stage and
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they will be itemized on the invoice.
The Seller cannot accept liability for any actions and/or costs and/or taxes (which are the Buyer’s responsibility) and/or delays due to customs services over which it has no control.
Delivery means the transfer of physical possession of the Product ordered to the Buyer.
The Products are delivered to the address specified by the Buyer when the order is placed, and the Buyer must ensure that this address is correct. The Buyer must check the conformity of the Products delivered upon delivery and before signing the carrier’s delivery note. This check is considered to have been carried out once the Buyer, or a person of their choice, has signed the delivery note. No claim regarding the condition of the parcel(s) delivered will then be accepted. If, upon delivery, the original packaging is damaged, torn or open, the Buyer must check the condition of the items. If they have been damaged, the Buyer must refuse the parcel.
If the estimated delivery time is exceeded, the order may not be canceled, the price paid by the Buyer may not be reduced and no payment may be made by way of damages.
However, if delivery is not made within thirty (30) days of the estimated maximum delivery date, the Buyer may request that the order be canceled free of charge by contacting Customer Services. Any amounts paid will then be refunded.
If the address is incomplete or incorrect, the recipient refuses the parcel or there is a lack of information leading to the impossibility of delivering the Product to the recipient in good time, AMI PARIS will not be liable for the final quality of this delivery. The Customer is subject to the carrier’s general terms and conditions of delivery which, in certain cases, if not adhered to, may affect the quality of the delivery.
If the Products need to be returned to the Seller, they must be returned to the Seller within fourteen (14) days of delivery. Any claim submitted after this deadline will not be accepted. Product returns will only be accepted if the Products are in their original condition.
ARTICLE 13 – NON-COMPLIANCE OF PRODUCTS
Products sold by AMI PARIS are subject to the legal warranty conditions set out in Articles L.217-4 to L.217-14 of the French Consumer Code and Articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties:
AMI PARIS will refuse any claim relating to Products that have been used inappropriately.
The Buyer must submit any claim for non-conformity of the Products to the Seller within fourteen (14) days of delivery. Any claim submitted after this deadline will be rejected.
A claim may be made, at the Buyer’s discretion:
● On the return request page.
● Via the contact form
● By telephone: +33 1 86 95 25 50
● By mail: AMI PARIS Customer Services, 54 Rue Etienne Marcel, 75002, Paris, France.
Any claim which is not submitted in accordance with the rules set out above will not be accepted and will release the Seller from any liability towards the Buyer.
In the event of non-conformity of the Products, any Product to be refunded must be returned to the Seller in its entirety and in its original packaging, to the following address:
PLF
20 Boulevard de l’Europe
77380 Combs-la-Ville
France
ARTICLE 14 – TRANSFER OF RISK
Transfer of ownership and the related risks of loss and deterioration will only take place once the Seller has received full payment, regardless of the delivery date. The Products therefore travel at the Seller’s own risk. However, the Buyer assumes the risks (in particular the risks of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address specified when placing the order.
ARTICLE 15 – PRODUCT WARRANTY
Article 15.1 – Legal warranty of conformity
AMI PARIS will deliver to the Buyer a Product in conformity with the contract and free from defects of conformity at the time of delivery of that Product, in the sense that the Product will be fit for the purpose usually expected of similar goods and it will have the characteristics provided at the time of sale.
Article 15.2 – Legal warranty against hidden defects
AMI PARIS will provide the Customer with a Product that is free from hidden defects that would make it unsuitable for its intended purpose, or which diminish this purpose to such an extent that the Customer would not have purchased it, or would only have paid a lesser price for it if they had been aware of such hidden defects.
These warranties will only apply if the Customer requests them within 24 months of delivery of the Product (in the case of the legal warranty of conformity) or discovery of the defect (in the case of the legal warranty against hidden defects).
Any lack of conformity that appears within 24 months of delivery is presumed to have existed at the time of delivery unless proven otherwise.
ARTICLE 16 – RIGHT OF WITHDRAWAL
In accordance with Articles L. 121-16 et seq. of the French Consumer Code, the Buyer has fourteen (14) days from the date of delivery of their order to inform the Customer Services Department of their intention to return the Product.
Any parcel returned after the stated deadline will be refused and returned to the sender. The risks associated with the return of the Products will be borne by the sender. AMI PARIS will not be liable for the loss, theft or damage of the parcel.
For the Customer Services Department to accept the exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, with its label attached, within twenty (20) days of notification to the Seller of the Buyer’s decision to withdraw. Any parcel returned after the stated deadline will be refused and returned to the sender.
Damaged, soiled or incomplete Products or Products identified as counterfeit will not be taken back.
The right of withdrawal may be exercised by any means, including online, using the withdrawal form available on the Site: Cancellation form
If you exercise this right, the price of the Product and the delivery costs will be refunded.
Products must be returned to the following address:
PLF
20 Boulevard de l’Europe
77380 Combs-la-Ville
France
The refund will be made by AMI PARIS within fourteen (14) days of receipt of the returned Products.
If you exercise this right, AMI PARIS agrees to refund the price of the Products as well as the delivery costs, including parcel tracking. For this purpose, the delivery invoice showing the parcel tracking number should be inserted in the return parcel.
ARTICLE 17 – FORCE MAJEURE
Any circumstances beyond the control of the Parties preventing the performance of their obligations under normal conditions will be considered grounds for exemption from the obligations and will result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of the occurrence of such circumstances, as well as of their disappearance.
Force majeure means any unavoidable facts or circumstances that are external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which could not be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those generally accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
ARTICLE 18 – PERSONAL DATA
When the Buyer registers on the Site, AMI PARIS collects personal information (personal data, e-mail address, gender, etc.) via the registration form in order to offer them the services available in the restricted areas of the AMI PARIS Site. The personal information provided is essential for the processing and delivery of orders.
The order process on the Site may require the Buyer to create an account in which the Buyer’s information is stored and protected by a password chosen by the Buyer. This information is strictly confidential and is intended for use by AMI PARIS only. It will be processed in strict compliance with the provisions of the French Law No. 78-17 of January 6 1978 on “Data Protection and Civil Liberties” and Regulation (EU) 2016/679, the General Data Protection Regulation.
In this respect, AMI PARIS agrees in particular to (i) guarantee the confidentiality of the personal data processed under these General Terms and Conditions of Sale by implementing appropriate security measures in this area, (ii) ensure that the persons authorized to process personal data under these General Terms and Conditions of Sale agree to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training concerning personal data protection, and (iii) ensure that any subcontractors comply with legal obligations on behalf of and in accordance with AMI PARIS’s instructions.
The Buyer has the right to access, amend, rectify and erase data concerning them at any time. To exercise this right, they may submit a request to AMI PARIS in accordance with the terms set out in the Privacy Policy .
AMI PARIS’s personal data management policy is available on the Site.
ARTICLE 19 – INTELLECTUAL PROPERTY
The content of the Site, including all texts, images, graphics, photographs and videos and any other content distributed on the Site are the exclusive property of AMI PARIS, which is the sole holder of the intellectual property rights to this content.
Therefore, they may not be reproduced, exploited or used for any purpose whatsoever without AMI PARIS’s express authorization.
AMI PARIS is the owner of all intellectual property rights (except for the moral rights of authors) relating to the Products and to the brands and distinctive marks under which the Products are marketed.
The Buyers or any third party unreservedly recognize as such the intellectual property of AMI PARIS and agree not to make any use of this content and not to infringe it in any way whatsoever.
More specifically, the Buyer expressly agrees not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and the brands belonging to AMI PARIS.
ARTICLE 20 – NO WAIVER
The failure of either party to exercise a right under these General Terms and Conditions of Sale following a breach of any of the obligations set out in these General Terms and Conditions of Sale by the other party will not be interpreted as waiving its right to enforce the obligation in question in the future.
ARTICLE 21 – LANGUAGE OF THE CONTRACT
These General Terms and Conditions of Sale are drafted in French.
ARTICLE 22 – APPLICABLE LAW, MEDIATION AND DISPUTES
These General Terms and Conditions of Sale are subject to French law, excluding the provisions of the Vienna Convention. In the event of a dispute or claim, the Buyer will first contact the Seller to reach an amicable solution. In the event of failure to reach an amicable agreement between the Parties, within twenty (20) days of receipt of the registered mail sent by one of the Parties, the dispute would then be submitted to the jurisdiction of the competent courts for the Product delivery address, under the conditions of general law.
The Buyer may also have recourse to contractual mediation, in particular with the French Consumer Mediation Commission or existing sector-specific mediation bodies, or to any alternative dispute resolution process (conciliation, for example) in the event of a dispute.