General conditions of sale
Document updated on 06/13/2023
- Definitions
These General Terms and Conditions of Sale (hereinafter " GTC ") are offered by the company Broshia (known as Avantoh ) , registered with the MIXED COMMERCIAL COURT, 4 BD FELIX EBOUE, 97100 BASSE-TERRE under number 947 572 541 00011, and having its head office located in Guadeloupe at 31 Route de Gery, 97119 Vieux-Habitants.
His email address is contact@avantoh.com.
The Company is the owner and publisher of the website www.avantoh.com (hereinafter " the Site "). The Site is hosted by Shopify Inc, whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada.
The Site offers the Customer (hereinafter " the Customer ") the possibility of This present site allows to purchase high-end accessories and linens for the bathroom. (hereinafter the " Products ").
Before using the Site, the Customer must ensure that he has the technical and IT resources to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the IT configuration of his hardware/equipment is in good condition and does not contain viruses.
- Application and enforceability of the T&Cs
The purpose of these General Terms and Conditions is to define all the conditions under which the company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter " Order ") for Products placed on the Site by the Customer.
The Customer declares having read and accepted these General Terms and Conditions before placing his Order.
Validation of the Order therefore constitutes acceptance of these T&Cs. These are regularly updated; the applicable T&Cs are those in force on the Site on the date the Order is placed.
Any contrary condition set by the Client would therefore, in the absence of express acceptance, be unenforceable against the company regardless of when it may have been brought to its attention.
The fact that the company does not assert any provision of these General Terms and Conditions at any given time cannot be interpreted as a waiver of the right to assert any provision of these General Terms and Conditions at a later date.
- Ordering Products on the Site
The company reserves the right to correct the content of the Site at any time.
The Customer can find on the product page the period during which, or the date until which, the spare parts essential for the use of the product are available on the market.
The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product(s) does not engage the responsibility of the company and does not affect the validity of the sale.
The Customer selects the Product(s) he/she wishes to purchase, and can access the summary of his/her Order at any time.
The Order summary presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s) in the Order. The Customer has the possibility to modify his Order and correct any errors before proceeding with the acceptance of his Order.
After accessing the summary of his Order, the Customer confirms acceptance of his Order by checking the box to validate the General Terms and Conditions, then by clicking on the Order validation icon. The words "Order with payment obligation" or a similar wording free of any ambiguity appears next to the Order validation icon in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the company and the Customer and binds them irrevocably.
After validating his Order and in order to proceed with payment, the Customer enters the contact details to which he wishes to obtain delivery of the Products, and the billing details if they are different. The delivery process is described in Article 5 of these General Terms and Conditions.
The company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery addresses and, where applicable, the billing addresses provided.
After having validated their delivery details and, where applicable, their billing details, the Customer proceeds to pay for their Order according to the terms specified below.
- Price and payment conditions of the order
The prices are mentioned on the Site in the Product descriptions, in euros and excluding tax and including all taxes.
The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates his Order, enters and validates his delivery details and, where applicable, billing details and proceeds to payment. This total amount is indicated inclusive of all taxes.
The Order of Products on the Site is payable in euros. The entire payment must be made on the day of the Order by the Customer, by bank card, unless special conditions of sale are expressly accepted by the Customer and the company.
In case of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the Customer the total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system is therefore entirely encrypted and protected. The Customer's banking details are not stored electronically by the company.
The Customer guarantees to the company that he has the necessary authorizations to use the payment method, when placing the Order.
The company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be owed by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
- Use of Services/Delivery
The product(s) offered on the Site may be delivered to mainland France.
The company undertakes to deliver the product(s) within a period not exceeding 10 to 15 working days from the date of the Order.
The Customer is informed by email, when his Order is ready, of its shipment. The product(s) ordered (are) delivered to the delivery address indicated by the Customer when placing his Order under the conditions specified in article 3 of these General Terms and Conditions.
It is the Customer's responsibility to assume responsibility for the information provided during registration and when ordering. Avantoh declines all responsibility in the event of input errors that may lead to delivery problems. In the event that the delivery address provided is incorrect or if the Customer decides to change the delivery address after the products have been shipped by Avantoh, the costs and price of the new order will be borne by the Customer.
The company will also not be liable if the non-receipt of the products is due to the actions of a third party outside its intervention or in the event of theft.
The Customer can track the delivery of his Order by contacting customer service.
- Customer service
For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the company's customer service, in order to allow the latter to try to find a solution to the problem.
The company's customer service is available Monday through Sunday using the following contact details:
- Email : contact@avantoh.com
- LEGAL AND COMMERCIAL GUARANTEES
All products offered by the company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code:
The non-compliant product will be replaced or repaired according to the cost terms provided for by the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Thus the Client:
(i) benefits from a period of two (2) years from delivery of the product to take action in the event of a lack of conformity of the product,
(ii) may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
In addition, the Customer may also implement the legal guarantee for hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within two years from the date of purchase, the reimbursement of a Product that has proven to be unfit for its use or a replacement.
The warranty against hidden defects allows the Customer to be protected against hidden defects in the product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the product and request a price reduction, or return the product and request a refund of the price paid, in accordance with article 1644 of the Civil Code.
The following legal provisions are recalled:
Art. L217-4 of the Consumer Code : '' The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility .''
Art. L217-5 of the Consumer Code : '' The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ''
Art. L217-7 of the Consumer Code : '' Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged defect of conformity . ''
Art. L217-8 of the Consumer Code : '' The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied . ''
Art. L217-9 of the Consumer Code : '' In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. ''
Art. L217-10 of the Consumer Code : '' If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he seeks. However, the sale cannot be cancelled if the lack of conformity is minor . ''
Art. L217-11 of the Consumer Code : '' The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer. These same provisions do not prevent the allocation of damages. ''
Art. L217-12 of the Consumer Code : '' The action resulting from the lack of conformity is prescribed by two years from the delivery of the good .''
Art. L217-13 of the Consumer Code : '' The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law . ''
Art. 1641 of the Civil Code : '' The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. ''
Art. 1642 of the Civil Code : '' The seller is not liable for apparent defects of which the buyer was able to convince himself. ''
Art. 1643 of the Civil Code : '' He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee .''
Art. 1644 of the Civil Code : '' In the case of articles 1641 and 1643, the buyer has the choice of returning the product and having the price refunded, or of keeping the product and having part of the price refunded. ''
Art. 1646 of the Civil Code : '' If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale .''
Art. 1648 of the Civil Code : '' The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…) ''
If a Customer considers that they have received a product that they consider to be defective or non-compliant (without the product having been dismantled, whether by the customer, a third party or a watchmaker) , they must contact the company as soon as possible after receipt of the order at the following email address: contact@avantoh.com, specifying the defect or non-compliance in question.
It will be up to the Customer to provide any justification for the designation of apparent defects and/or anomalies noted. The Customer must give the company every facility to note these defects or non-conformities and to remedy them if necessary. The Customer will refrain from intervening itself or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the company, it will then send the Customer its instructions on how to proceed after having acknowledged the complaint thus made and, where appropriate, will replace the product for which the company has been led to note the lack of conformity or the defect.
In the event that the exchange of the product is not possible, the company will be required to reimburse the Customer within fourteen days of receipt of the product. The reimbursement will be made upon proposal by the company by credit to the Customer's bank account, the Customer being able to opt for a different method of reimbursement than that proposed.
- Customer Obligations
The Customer undertakes to comply with the terms of these General Terms and Conditions.
The Customer agrees to use the Site in accordance with the company's instructions.
The Customer agrees that he/she will only use the Site for his/her personal use, in accordance with these General Terms and Conditions. In this regard, the Customer agrees to refrain from:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs;
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;
- Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- To use the Site for abusive purposes by voluntarily introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
- To infringe the Company's intellectual property rights and/or to resell or attempt to resell the products to third parties;
- To denigrate the Site and/or the products as well as the company on social networks and any other means of communication.
If, for any reason, the company considers that the Customer does not comply with these General Terms and Conditions, the company may at any time, and at its sole discretion, remove its access to the Site and take any measures including any civil and criminal legal action against it.
- Right of withdrawal
In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the company, without having to provide reasons or pay a penalty.
All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° Of the provision of services fully performed before the end of the withdrawal period and the execution of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods liable to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Of supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts;
11° Concluded at a public auction;
12° Of the provision of accommodation services, other than residential accommodation, of goods transport services, of car rentals, of catering or of leisure activities which must be provided on a specific date or during a specific period;
13° Supply of digital content not provided on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
To exercise his right to withdraw from the order, the Customer must notify his decision to withdraw by means of the withdrawal form provided in the appendix hereto or by means of an unambiguous statement, without providing reasons. The Customer may communicate his decision to withdraw to the company by any means, in particular by sending it by email to contact @avantoh.com .
In the event that the Customer notifies the company of their decision to withdraw, regardless of the means used, the company will immediately send them an acknowledgement of receipt of the withdrawal on a durable medium (in particular by email).
The Customer must return the product(s) in the same condition in which he/she received it/them, and with all packaging elements, accessories and instructions (even if the product(s) has/have been unpacked), as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract. In accordance with the law, the Customer shall bear the costs of returning the product(s).
In the event of withdrawal by the Customer, the reimbursement of the Product(s) which was or were the subject of the right of withdrawal is made by the company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the Customer. The reimbursement is made as soon as possible by the company, and no later than 30 days from the day of receipt of the product(s) returned by the Customer.
In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that his liability is only incurred with regard to the company for a depreciation of the product(s), returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.
- Responsibility
The company implements all measures to ensure that the Customer is provided with quality product(s) under optimal conditions. However, it may not be held liable under any circumstances for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure. More generally, if the company's liability were to be incurred, it could not under any circumstances agree to compensate the Customer for indirect damages or damages whose existence and/or quantum are not established by evidence.
The company cannot be held responsible for damage caused by misuse of one of its products or by failure to comply with the precautions for use and conditions of hygiene, storage and safety when using one of its Products/Services.
The Site may contain links to other sites not edited or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the company of these sites and these elements or their contents.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information distributed on these websites.
It is expressly stipulated that the company may not be held liable in any way whatsoever in the event that the Customers' computer equipment or email rejects, for example due to anti-spam, emails sent by the company, and in particular, but not limited to, the copy of the payment receipt, the summary statement of the Order or the shipping tracking email.
The Customer is fully aware of the provisions of this article and in particular of the guarantees and limitations of liability mentioned above, essential conditions without which the company would never have entered into a contract.
- Security
The Customer undertakes not to compromise the security of the Site. To this end, it undertakes not to proceed with any fraudulent access and/or maintenance in the company's information system. The Customer may also not harm or hinder the company's information system. Failing this, the company may take any measure against it and in particular incur criminal liability under Articles 323-1 et seq. of the Criminal Code.
- Intellectual property and personal data
All elements of this Site and the Site itself are protected by copyright, trademark law, design law and/or any other intellectual property rights. These elements are the exclusive property of the company. All of these rights are reserved for the entire world.
The name and brand, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.
No title or rights to any material or software will be obtained by downloading or copying any material from this Site. The Customer is expressly prohibited from reproducing (other than for his/her personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the material and software contained therein, nor from modifying or making any work based on it, nor from selling or participating in any sale in connection with this Site, the material on this Site or any software relating thereto.
The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party under any circumstances. The license is granted for the duration of use of the Site.
Any use by the Client of the company's corporate names, trademarks and distinctive signs is strictly prohibited except with the express prior agreement of the company.
The company understands that data protection and privacy are an issue for all Internet users visiting the Site. The company undertakes, in accordance with GDPR regulations, to respect your privacy and protect your personal data, i.e. data likely to identify you directly or indirectly as a person.
As part of the order, the company is intended to collect personal data from the Customer. The company undertakes to protect the personal data of customers.
Files containing personal data necessary for the order are stored on the servers of the Site host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). The company does not communicate or trade in customers' personal data.
At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out the orders.
The personal data collected by the company is intended to enable the order to be completed. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as "Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proof of your identity, any Customer, regardless of their nationality, has a right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.
For the purposes of applying this clause and, in particular, to ensure the confidential processing of Customer data, the company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: contact@avantoh.com
In any event, any Customer has the right to make any complaint to the CNIL.
- Newsletter
By checking the box provided for this purpose or by expressly giving his consent to this end, the Customer accepts that the company may send him, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the company for Products similar to those ordered.
Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
- List of opposition to telephone canvassing
The Customer has the option of registering free of charge on a BLOCTEL telephone canvassing opt-out list (www.bloctel.gouv.fr) in order to no longer be telephone canvassed by a professional with whom he does not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumption.
Any consumer has the possibility to register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php .