The www.anais-discount.com site (below the "Site") is edited by the company Lilou Sarl (Limited Company) with a capital of 5.000 euro, registered in the RCS of Carcassonne under No 511 931 701, the head office of which is 65 Bd Barbès 11000 Carcassonne (France) (below the "Company"). Tel. + 33 (0)4 68 77 03 18. Email: contact@anais-discount.com.
The Customer recognizes to have acquainted with the general conditions of sale and expressly declares to accept them.
INTRODUCTION:
Www.anais-discount.com is specialized in the sale of products and accessories for motorcycles, scooters and ATVs (below "Products"). Www.anais-discount.com sells its exclusively remote products via its Site; www.anais-discount.com does not possess a store except its Site. All the products sold by www.anais-discount.com are listed on the Site. The Site is accessible by the Customer 24 hours a day, 7 days a week and all year long, except in case of operations of maintenance or force majeure.
1 - APPLICATION OF THE GENERAL CONDITIONS OF SALE:
The general conditions of sale apply to any orders of Products placed on the www.anais-discount.com site. They are accessible and printable at any time by a direct and permanent link on the Site. They can be the object of modifications; the general applicable conditions of sale are the ones current in the date of your order. The general conditions of sale are valid for duration necessary for the supply of Products, until the extinction of their guarantees. Any order implies the whole acceptance and without reserve of the present general conditions of sale.
2 - PRODUCTS:
Characteristics
Www.anais-discount.com presents on its Site Products as well as their descriptions to allow the Customer to know, before placing order, their essential characteristics.
The detailed data sheet of the Product from the manufacturer is the only contractual source. Products being constantly evolving, manufacturers can modify without advance notice the technical composition and the characteristics of product references, who are given only as a rough guide.
Availability
Our offers of products and prices are valid as long as they are visible on the Site and within the limits of available stocks. A product become unavailable is indicated as such.
As a general rule, the information onto the availability of products is given to you during the placing of your order. In a exceptional way, it can however arrive that a product is not available any more, temporarily, after the validation of the order. In that case, www.anais-discount.com informs you about it as soon as possible by email and suggests you either cancelling your order, or waiting until the delivery by our supplier, by specifying you the deadline. You will be sold then only by the amount of sent articles.
Correspondence
Our products are in accordance with the French legislation and benefit from all the legal and commercial guarantees. A customer wishing to import, to export or to use our products outside metropolitan France, beforehand has to make sure, under his only responsibility, that the Product is in accordance with the legislation in force abroad.
Not approved products
A part of the parts which we distribute allow to increase the performances or the characteristics of origin of the vehicle with the aim of use in competition or on private ground. These parts modifying the characteristics of ratification of the vehicle make it unfit for a road use on the French territory.
3 - PRICE:
The prices of Products presented on the Site are expressed in euro, inclusive of all taxes, including French VAT and the other applicable taxes, and do not integrate the expenses of treatment of your order, packaging and transport, charged in supplement, and indicated before the final validation of your order. They do not integrate the expenses of communication connected to the use of the Site.
The prices are subjected to the French VAT, and any change of legal rate of VAT will be echoed on the prices of Products presented on the Site to the date of its coming into force, including for the orders in the course of execution.
The applicable price is the one indicated on the summary of your order (in the confirmation of order sent by www.anais-discount.com). It includes the price of products, expenses of treatment of the order, the packaging and the transport. The customer will be informed about the expenses of delivery before the final validation of the order.
Www.anais-discount.com is free to modify the prices of Products presented on the Site at any time.
4 - ORDER:
Limitations of command order
Www.anais-discount.com specifies that its sales are exclusively reserved for the not trading major physical persons buying for their personal and not professional needs, beforehand identified on the Site. Its sales are also reserved for the persons having a valid email address regularly consulted, a physical address of residence and a delivery address based in metropolitan France (Corsica including) or in a country of the European Union. No delivery, and no after-sales service, will be made except this territory
Stages of order
The Customer places his order according to the indications appearing on the Site. The order can be registered on the Site only if you clearly became identified by the entry of your number of customer or your e-mail address and your password. You can then select products from the visible product sheets on the site, modify products and their quantities, validate your purchases after check of products, quantities and prices. It is planned during the recording of the order placedcrossed on the web site, the display of a page " summary of order " allowing the customer verify/to modify the detail of its order and the total price. The customer confirms the order by a click on the button " validate my order" in footer. It has then access to the page of the web site by which he can confirm definitively his order by making the payment.
The final validation of your order implies the general acceptance of these present general conditions. The confirmation of the order by www.anais-discount.com intervenes only after validation of the payment.
Confirmation of order and formation of the contract
After payment, we send you, by email, a confirmation of recording of the order including a summary of the ordered products and the ivery address. We advise you to keep a copy of this e-mail as proof of your order.
The information expressed by the Customer, during the taking of order engages this one: in case of error in the description of the address and phone number of the addressee, www.anais-discount.com would not know how to be considered as person in charge of the impossibility in whom he could deliver the product.
Www.anais-discount.com can ask the Customer of the documentary evidences of identity and place of residence. In that case, the order will be confirmed only as from the reception and the validation of these parts. The delivery deadline of the order can be influenced by any delay in the transmission of this information. In case of non-supply of the information before the day of the delivery of the order, www.anais-discount.com reserves the right to cancel the order and to pay off the Customer for whom a taking would have taken place.
Www.anais-discount.com saves itself the possibility of not confirming the order, in particular in case of refusal of authorization of payment on behalf of the financial bodies either in case of nonpayment of a previous delivery or a dispute of payment in the course of administration, in case of problem concerning the received order, in case of incomplete order, of predictable problem concerning the supply of the product, or in the presence of an engaged procedure of withdrawal concerning one or some of the ordered products. Www.anais-discount.com will inform the Customer about it by email.
Proof
The systems of automatic recording of www.anais-discount.com are considered as being worth proof of the nature, the contents and the date of the orders spent by the Customer.
The information
The information relative to any operation made by the Customer will be stored and archived by www.anais-discount.com and will serve as proof in case of dispute with the Customer. They will have convincing strength in case of dispute between the parties and will be kept by www.anais-discount.com during an unlimited duration.
In every case, the on-line supply of a number of bank card or payment card and the sending of the order will be worth proof of the completeness of the aforementioned order, the signature and express acceptance of all the operations made on the Site, and will entail payability of the amount of the order confirmed by www.anais-discount.com and deduction made by the amount of the possibly inalienable products, from the formation of the contract.
5 - PAYMENT:
The price charged to the customer is the price indicated on the confirmation of order sent by www.anais-discount.com. The price of products is payable in cash the day of the effective order.
Means of payment
The payment is made by:
- Bank transfer to www.anais-discount.com - IBAN: FR76 1350 6100 0011 8955 6000 095 - BIC: AGRIFRPP835 by stipulating the number of order and your name.
- Paypal. To benefit from this method of payment, you have to have an account with Paypal. In case of payment by Paypal, it is the general conditions of use of Paypal who apply.
Non-payment
The Customer guarantees in www.anais-discount.com that the used means of payment is of current validity and does not arise from a fraudulent operation. In the case of an order which would not have been settled totally or partially by the Customer, www.anais-discount.com makes a commitment to inform about it the Customer by e-mail and to ask him to remedy it. For lack of answer or of solution within fifteen ( 15 ) days, www.anais-discount.com reserves in particular the right to refuse to make a delivery, to refuse to honor an order, to cancel all the current orders or to suspend the account of the Customer.
Furthermore, www.anais-discount.com adduces to suspend any order or any delivery in case of refusal of authorization of payment on behalf of the financial bodies.
Besides, www.anais-discount.com reserves the right to refuse any order of a customer which would not have settled totally or partially a previous order or with whom a dispute of payment would exist.
Credit notes edited by www.anais-discount.com are valid on 1 year from the date of the order to which they are connected.
Reassurance of payments
All the banking transactions are made on the Site in a secure way. Indeed, www.anais-discount.com use the protocol SSL (Secure Sockets Layer) who codes the information to protect all the data connected to the personal information and to the means of payment.
The information communicated during the signing of the order (number of card and date of validity) will not be stored in the servers of www.anais-discount.com. To increase the safety, the Customer will have to communicate this information with every new order.
Invoice
The invoice is established in every shipping. It is available under digital format on the Site.
The Customer has the possibility of downloading it and / or of printing it, and of asking for a paper publication of his invoice in Customer services.
6 - DELIVERY:
Majorities
Products are delivered to the delivery address indicated by the Customer during the process of order. The Customer thus makes a commitment to receive products at the address indicated on the order form.
It is up to the Customer to verify the exactness of the information seized before the validation of the order (number of building, floor, name intercom, digicode). In case of error in the description of the address and phone number of the addressee (in particular name, first name, number and street name, zip code, city name, phone number or e-mail address), www.anais-discount.com would not know how to be considered responsible for the impossibility in which he could be to deliver the order.
The delivery of products is insured in Metropolitan France (Corsica including) and in the countries of the European Union exclusively.
The delivery of the order is made by GLS or Colissimo, (below the "Deliverer").
The order is delivered at one time. Www.anais-discount.com saves itself nevertheless the possibility of splitting the order of the Customer in several shippings without additional cost for the Customer. If the division is asked by the Customer, the postal charges of every shipping will be at his expense.
Conditions of delivery
Www.anais-discount.com will not proceed to the delivery of the orders which must be delivered to a floor situated beyond the 5th floor since this floor is not accessible via an elevator.
The Customer agrees to give evidence of his identity by one or several current official documents and by communicating if need be, the number which was attributed by the system to its order and which was communicated with him in the e-mail of confirmation of the reception of the order. If the Customer is unable to receive himself orders, he will have to appoint a third to represent him provided with an authorization and with a photocopy of the ID card of the aforementioned Customer. No request of delivery of the parcel can be honored if the conditions indicated above are not respected by the Customer.
In case of delivery in the workplace of the Customer, the Deliverer, having no access to premises, the Customer will have to take all the necessary precautions so that the Deliverer can hand him the order and so that the Customer can receive it. Www.anais-discount.com reserves the right not to follow up an order coming from a Customer who could not justify his delivery address on simple request of Customer services or of the Deliverer.
From the display of the parcel by the Deliverer at the indicated address, www.anais-discount.com filled its obligation of delivery. Www.anais-discount.com so declines any responsibility in case of loss or of later theft. Following two ( 2 ) fruitless displays for absence of the customer, the order will be cancelled, and paid off deduction made by the expenses of the second display.
Reception of products
The Customer makes a commitment to sign the delivery slip presented by the Deliverer whom he can concern any precise and concise handwritten reserve concerning the delivered products. The Customer will have to verify for example if products are damaged or missing. Www.anais-discount.com recommends to the Customer to annotate this refusal on the delivery slip or the receipt of transport.
By the signature of the delivery slip, kept then by the Deliverer, the Customer recognizes to have received the sent Products.
In case of dispute, original packings must be kept until resolution of the dispute.
Www.anais-discount.com recommends to the Customer to inform Customer services about it for a maximum deadline of 48 hours as from the delivery.
The Deliverer may make an expert pass in the place of residence of the Customer to validate or not the correspondence of the order.
In case of incident arisen during the delivery, the Customer has to contact Customer services of www.anais-discount.com in the presence of the driver deliverer to indicate the damages arisen during the delivery. The Customer will owe then, within 48 hours (crossed this deadline, no complaint can be taken into account), to confirm the incident by e-mail at the address "contact@anais-discount.com".; a person of Customer services www.anais-discount.com will then get in touch with the Customer to establish the possible modalities of repair of the damages.
Www.anais-discount.com makes a commitment to bring an answer to any requests or complaints for a maximum deadline of 10 days from the date of reception of these. It is specified that the possible dispute can be directly managed by the Deliverer who will take in that case directly contact with the Customer.
Delivery deadline
The delivery date is chosen by the Customer according to the available crenellations of delivery. Www.anais-discount.com will operate its best efforts to respect the delivery deadlines of the ordered products. In the hypothesis where these deadlines could not be held, the Customer will automatically be informed about it by any means such as in particular email or phones.
In case of delay in delivery, www.anais-discount.com suggest to the Customer to indicate him this delay by contacting Customer services to agree together of the best solution.
At the conclusion of a deadline of seven days, www.anais-discount.com can send back to the Customer a product of replacement, at its expenses. If one or several ordered products were not available any more at this moment, www.anais-discount.com would pay off the Customer of the amount of products concerned by the loss of the Deliverer and amount of postal charges.
It is nevertheless specified that any delay in delivery within 30 days, as from date initially planned, and not due to a case of absolute necessity, will allow the Customer to ask for the cancellation or for the exchange of its order by e-mail since the Site or by registered letter with request of acknowledgement of receipt.
7 - PROPERTY RESERVE AND TRANSFER OF THE RISKS:
It was advisable that the products which will be delivered and charged to the Customer will remain the property of www.anais-discount.com up to the complete payment of their price. The non-payment can entail the demand of products by www.anais-discount.com. Measures above do not put obstacle, as from the delivery, to the transfer for the benefit of the Customer of the risks of loss or deterioration of products as well as damage which they could cause.
8 - RIGHT OF RETRACTION:
The article L121-20 of the Code of the Consumption expresses that every consumer has a deadline of 7 true days to exercise his right of retraction, without having to prove motives, nor to pay of penalties. The deadline of 7 days runs as from the delivery of Products.
Www.anais-discount.com recommends to the Customer who wishes to exercise his right of retraction to inform Customer services about it. A number of return of one or several products concerned will then be awarded to him. The Customer will receive an e-mail, which must be joined to the parcel, with the announcement of its number of return and the address where the product must have returned.
The return of one or several products is made in their original packings, and in good condition, accompanied with all the possible accessories and with the documentation. One or several products owes be in perfect state of resale. Www.anais-discount.com recommends to the Customer to indicate the number of invoice to which products relate and the number of return on the parcel. Www.anais-discount.com also recommends to the Customer to send back the product in a packaging planned for that purpose, not allowing the identification of the product (parcel, envelope with bubble, paper craft). The returned products travel at expenses and at risks of the Customer. Every damaged, incomplete, absent product will be neither paid off nor exchanged and will be forwarded to the Customer.
In case of exercise of the right of retraction, www.anais-discount.com is held the repayment for the benefit of the Customer of the sums which he paid free of charge, with the exception of the expenses of return. The refund is due for a maximum deadline of thirty ( 30 ) days following the dispatch date of the product by the Customer.
Any right of retraction is excluded for products susceptible to deteriorate or to expire quickly as well as for products to measure or sharply personnaliés.
9 - GUARANTEES:
According to provisions of the articles 1641 and following ones of the Civil code, www.anais-discount.com protects the Customer, in any case, from all the harmful consequences of the defects and the latent defects that would may reveal the sold Products, under reserve that these last ones are indicated to him from their appearance. Any aesthetic or functional deteriorations resulting from defects or latent defects which would appear to the usage and the buyer of which would not have been able to have knowledge during the delivery are covered by the guarantee, without limitation nor reserve.
On the other hand, the guarantee is excluded for any deterioration resulting from the wear or from the causes foreign to the intrinsic qualities of the goods, such as those resulting from an abnormal use (load, humidity, misuse etc.) or because of the Customer (transport, handling, assembly e.g.)
In any hypothesis, the Customer will have to bring the proof of the existence of the latent defect in the day of the delivery. In case of immobilization of the good protected from period at least equal in 7 days, the duration of immobilization will come to be added to that of the guarantee initially planned.
For any return of parts, we shall ask you to join the most precise possible description of the met problem. Products necessarily have to return to us in their original packing at the risk of cancellation of the guarantee.
So in case of manufacturing defect of the Product making it unfit for the usage for which it is intended, the Customer can address in customer services of the Company
- by Email:
contact@anais-discount.com
- by telephone: +33 468 770 318
- by fax: +33 468 770 869
The Customer will have then the possibility of choosing to return the Product and be restored the price or kept the Product and be restored a part of the price.
In the hypothesis where the Customer would choose to return the Product, the expenses of return will be chargeable to the Company on the basis of the mode of delivery of origin. The customer recognizes that the Company duly performed its obligation of information.
10 - PARTICULARS:
CNIL Declaration
According to the measures of the Information Law and Liberties of January 6th, 1978, www.anais-discount.com proceeded to the declaration of its file including name specific data with the Information National Committee and Liberties (CNIL) ( n°1364329 ). By virtue of this law, the Customer benefits from a right of access, from rectification or from opposition on the collected name specific data which concerns him. These rights can be exercised from the Site or by mail sent to www.anais-discount.com, at the following address: Sarl Lilou, www.anais-discount.com, BP 67, 11021 Carcassonne Cedex France.
Use of the particulars
By using the Site, the Customer grants on the use by www.anais-discount.com particulars concerning him and what he communicated, or which are collected via the functioning of the Site. These data are necessary so that www.anais-discount.com can handle the orders of the Customer and supply the various proposed Products.
The Customer can accept that www.anais-discount.com can:
- send him information and promotional offers of www.anais-discount.com,
- Pass on his data to partners selected by www.anais-discount.com, to purposes of commercial prospecting.
The use of these data by these third parties will be made according to their own conditions of use with which it is up to the Customer to acquaint. Www.anais-discount.com would not know how to be responsible for the use by these third parties of the data so passed on. At any time, the Customer can modify the capacitations that he communicated from the section " my account " or by contacting Customer services. The Customer can cancel a subscription in particular at any time newsletters or to refuse any commercial requests by clicking the link of unsubscription appearing on the message.
Www.anais-discount.com collection via the functioning of the Site of the information concerning in particular the purchases of the Customer and the pages of the Site which interest him most, and this so as to establish analyses allowing to adapt and to personalize its offers.
Cookies
Www.anais-discount.com collects automatically information relative to the Customer thanks to cookies allowing to follow the navigation of the Customer within the Site. Cookies are alphanumeric identifiers transferred on the hard disk of the computer of the Customer via his Internet browser and which allow www.anais-discount.com to recognize this browser and so to propose to the Customer of the more innovative and more attractive functions. The Customer can however configure his computer to oppose to the recording of cookies. To know more about Cookie, click the tab optimal configuration.
Newsletter
If the Customer accepts it during his registration or later at any time by connecting it to the same section, he will receive promotional offers through the newsletter of www.anais-discount.com. The Customer has the possibility of cancelling a subscription by clicking the link planned for that purpose present in the newsletter.
11 - LOYALTY PROGRAM:
Anais-discount suggests you accumulating loyalty points giving the right to a commercial discount on your next purchases on the website.
Loyalty points
Loyalty points are attributed only to the customers and the members registered on the www.anais-discount.com website and can be used only for on-line purchases on www.anais-discount.com. A customer can be a holder and an user only of a single kitty of points. The loyalty points are non-refundable and cannot be transferred nor give up between the members.
Conditions of the offer
Every product, except those already benefiting from promotion or particular commercial operation, benefits from a number of points calculated on the basis of 2 in 8 % of the price of the product. The number of points is shown in the item sheet under the price of the product and is calculated on the price including tax of the product (except charges of freight and packaging). Www.anais-discount is free to modify the value of points and products concerned at any time. The value of the reserved points are the ones in the daytime of the order.
Processing of points in reduction coupons or presents
The accumulation of the points of loyalty is visualisable in " my account ", in the section " Manage your points of loyalty and sponsor your friends ". You can then transform points accumulated in reduction coupons or in presents in the same section by validating the exchange of points against a reduction coupon. This one materializes by a unique and personal code generated automatically and communicated by e-mail which must be seized in " promotional code " in the basket during the validation of the next order. These vouchers are not accumulative with the other vouchers and the reduction. Only one promotionnal code can be used per order.
Period of validity of points
The offer is organized on October 20th, 2010. Points accumulated in the kitty thanks to this offer of loyalty have a life cycle of 6 months from the first order giving the right to this offer. If, at the end of 6 months, the Internet user did not convert these points, he will lose the totality of his kitty. In every movement of the kitty, the period is reactivated for 6 months.
In case of return with refund, if the customer paid a part of his order with a reduction coupon stemming from points, he will be refund at first the number of points in his kitty, the balance being refund by the same used means of payment.
Example : my order for which I've been benefiting from 30€ of discount with a reduction coupon thanks to loyalty points and 152.90 € paid by another mean of payment.
-
Pants Kenny Performance Classic red 139.00 €
-
Jersey Kenny Performance Classic red 43.90 €
-
Total to pay VAT incl. 182.90 €
-
Reduction coupon 30.00 €
-
Final total to pay 152.90 €
If the customer wishes to return us the pants cross Kenny and be refund, 30,00€ will be paid off to him on its Loyalty kitty in the form of points and 109,00€ via the method of payment which he had used during his order.
We reserve the right to bring modifications to this policy at any time by informing the Customer 15 days in advance on the www.anais-discount.com website.
12 - INTELLECTUAL PROPERTY:
Any deterioration, as well as, in the absence of authorization, any reproduction, download, copy, modification, commercial, total or partial use, various elements of the Site (in particular the editorial contents and the photos) are forbidden and expose sound or his authors to pursuits. The general conditions of sale authorize on no account the reproduction, the modification or the commercial use of the various elements of the Site.
13 - ADDRESS AND PHONE NUMBER OF THE COMPANY:
Head office:
Sarl Lilou
65 Bd Barbès
11000 CARCASSONNE
FRANCE
RCS Carcassonne No 511 931 701,
SIRET 511 931 701 00029
VAT Number : FR 32 511 931 701
Contact and customer services:
By mail: Anais-discount.com / Sarl Lilou - BP 67 - 11021 carcassonne cedex
By phone: +33 468 770 318
By email: contact@anais-discount.com
By the on-line form: www.anais-discount.com / contact.php
Anais-discount.com web site:
Editor:
Lilou
Hosting:
Creations-Web
7, rue Aimé Cotton
29200 BREST
FRANCE
14 - APPLICABLE LAW AND REFERENCE LANGUAGE:
The present general conditions of sale and sales there concerned are governed by the French law. The language used on the Site is the French language.
In case of dispute, the Customer can make his complaints with Customer services of www.anais-discount.com to look for an amicable solution. For lack of agreement, the French jurisdictions will be only competent, whatever is the place of consultation of the Site.
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