GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by TRUE The Argan Company SASU, with a capital of €10,000, registered in the Bobigny Trade and Companies Register under number 849203096, whose registered office is located at 1 Centre Commercial La Tour - 93120 La Courneuve (hereinafter "TRUE The Argan Company")
Hereinafter referred to as:
- "Site": the site https://truetheargancompany.com and all its pages.
- "Products" or "Services": all products (materials) and services (services) that can be purchased or subscribed to on the Site.
- "Seller": TRUE The Argan Company, a legal or natural person, offering its Products or Services on the Site.
- "Customer": the Internet user, individual or professional, purchasing Products or Services on the Site.
- "Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity".
The Internet user visiting the Site and interested in the Products and Services offered by the Vendor is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTC and accepts them in full and without reservation.
ARTICLE 1 - APPLICATION OF THE CGV AND PURPOSE OF THE SITE
The Seller reserves the right to modify at any time the GTC by publishing a new version of them on the Site. The GTC applicable to the Customer are those in force on the day of his order on the Site.
The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notice and the data charter of this Site.
This Site offers the online sale of Products abase of Argan oil Cosmetic and Culinary and beauty accessories.
The Site is of free access and free to any Customer. The acquisition of a Product or a Service implies the acceptance, by the Customer, of the entirety of these GTC, which recognizes the same fact to have taken full knowledge. This acceptance may consist, for example, for the Customer, in checking the box corresponding to the sentence of acceptance of the present GTC, having for example the mention "I recognize to have read and accepted all the general conditions of the Site". The fact of checking this box will be deemed to have the same value as a handwritten signature by the Customer.
Acceptance of these GTC assumes that the Customer has the legal capacity to do so. If the Customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorization of a guardian, curator or legal representative.
The Customer acknowledges the evidential value of the Vendor's automatic recording systems and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.
ARTICLE 2 - CREATION OF A CUSTOMER ACCOUNT
The creation of a "customer account" is a prerequisite to any order of the Customer on the present Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer agrees to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in case of change. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
The Customer registered on the Site can access it by logging in with his identifiers (e-mail address defined at registration and password) or possibly by using systems such as third-party social network connection buttons. The Customer is fully responsible for the protection of the password he/she has chosen. He is encouraged to use complex passwords. If the Customer forgets a password, he/she has the option of generating a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer shall therefore refrain from transmitting or communicating it to a third party. Otherwise, the Seller shall not be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Vendor shall not be held liable, as this information has no probative value but is solely informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only of an informative nature intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. To do so, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has violated these GTC (including, but not limited to, when the Customer has knowingly provided false information when registering and creating his personal space) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute a damage for the Customer who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the Seller, to undertake legal proceedings to
ARTICLE 3 - TERMS AND CONDITIONS FOR PLACING ORDERS AND DESCRIPTION OF THE PURCHASING PROCESS
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller according to the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.
The "Shopping Cart" is defined below as the immaterial object grouping together all the Products or Services selected by the Site's Customer with a view to a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Shopping Cart", the content of which may be modified at any time.
Once the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer will have to tick the box relating to the ratification of the present GTC and click on the validation button. The Customer will then be redirected to a page where he/she will have to fill in the order form fields. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has completed the form, he/she will be invited to make the payment with the payment methods listed in the payment section of these GTC. After a few moments, the Customer will receive an e-mail confirming the order, reminding him/her of the content of the order and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
ARTICLE 4 - PRICES AND PAYMENT TERMS
Unless otherwise stated, the prices listed in the catalog are prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
TRUE The Argan Company reserves the right to modify its prices at any time and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Site. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on the present Site and can pay by credit card. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In case of payment by check or bank transfer, the delivery periods defined in the article "Deliveries" of the present GTC shall only start to run from the date of effective receipt of the payment by the Seller, the latter being able to provide proof by any means. The availability of Products is indicated on the Site, in the description of each Product.
TRUE The Argan Company will archive the order forms and invoices on a reliable and durable medium constituting a true copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 5 - DELIVERIES
The delivery costs will be indicated to the Customer before any payment. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world.
In case of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may not be able to provide him with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products...); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reserves, accompanied by the Customer's signature. In order to exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. If the Customer fails to comply with these instructions, the Customer shall not be entitled to exercise its right of refusal, and the Seller shall not be obliged to grant the Customer's request to exercise its right of refusal.
If Customer's package is returned to Seller by the Postal Service or other postal service, Seller shall contact Customer upon receipt of the returned package to ask Customer what action to take on the order. If the Customer has mistakenly refused the parcel, he may request that it be returned by first paying the postal charges for the new shipment. The postal charges must be paid even for orders for which the shipping costs were offered at the time of the order.
In case of delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false maneuver of the Customer could not be imputed to the Salesman.
Any delay of delivery compared to the date or to the deadline indicated to the Consumer Customer at the time of its order or, in the absence of indication of date or deadline at the time of the order, higher than thirty (30) days as from the conclusion of the contract can involve the resolution of the sale at the initiative of the Consumer Customer, on written request of its share by registered letter with acknowledgement of delivery, if after having enjoined the Salesman to carry out the delivery it did not carry out. The Consumer Customer will then be refunded, at the latest in the fourteen (14) days following the date on which the contract was denounced, of the totality of the paid sums. The present clause does not apply if the delay in delivery is due to a case of force majeure.
ARTICLE 6 - RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM
In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for services, to withdraw. The Customer must return any Product that does not suit him/her and request an exchange or refund without penalty, except for the cost of returning the Product, within fourteen (14) days of TRUE The Argan Company's receipt of the refund request.
The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to TRUE The Argan Company. It is understood that the Customer will bear the cost of returning the Product in case of withdrawal, as well as the cost of returning the Product if it, due to its nature, cannot normally be returned by post.
If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned at his expense.
It is recommended to the Customer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate it.
Refunds will be made using the same method of payment chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another method of payment, and insofar as the refund does not incur any costs for the Customer.
Seller also reserves the right to defer the refund until receipt of the Product or until Customer has demonstrated that it has shipped the Product, if such demonstration has not previously occurred.
In case of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be incurred.
In accordance with Article L221-5 of the Consumer Code, ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of TRUE The Argan Company SASU, 1 Centre Commercial La Tour, 93120, La Courneuve
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*) :
Name of the Customer(s) :
Address of Customer(s) :
Signature of Client(s) (only in case of notification of this form on paper):
(*) Delete as appropriate.
ARTICLE 7 - PRODUCT WARRANTY
LEGAL PROVISIONS TO BE REPRODUCED
When acting under the legal warranty of conformity, the consumer has a period of two years from the delivery of the good to act; he may choose between repair or replacement of the good, subject to the conditions of cost provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, he is exempt from proving the existence of the lack of conformity of the good during the six months following the delivery of the good, a period extended to 24 months as of 18 March 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any warranty; in the event of the implementation of this warranty, the buyer has the choice between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, the suspension or the interruption of the prescription cannot have the effect of carrying the extinctive prescription period beyond twenty years as from the day of the birth of the right in accordance with article 2232 of the Civil code.
All the articles acquired on the present site profit from the following legal guarantees, envisaged by the Civil code;
LEGAL WARRANTY OF CONFORMITY
According to articles L.217-4 and following of the French Consumer Code, the Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to respond to any defects in conformity that exist during delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day the Product was taken into possession. However, when the defect appeared within 24 months of this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the claimed lack of conformity".
On the other hand, after this 24-month period (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect did exist at the time of taking possession of the Product.
In accordance with Article L.217-9 of the Consumer Code: "in case of lack of conformity the buyer chooses between repair and replacement of the good. 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, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
LEGAL WARRANTY AGAINST HIDDEN DEFECTS
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty against hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for the purpose for which it was intended, or diminish that purpose to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
Claims, requests for exchange or refund for a non-compliant Product must be made by mail or email to the addresses indicated in the legal notices of the site.
In case of non-conformity of a delivered Product, it can be returned to the Seller who will exchange it. In case of impossibility of exchange of the Product (obsolete Product, out of stock, etc.) the Customer will be refunded by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall be borne by the Seller.
ARTICLE 8 - CUSTOMER SERVICE
The customer service of the present Site is accessible by e-mail at the following address: firstname.lastname@example.org or by mail at the address indicated in the legal mentions.
ARTICLE 9 - RESPONSIBILITY
The Seller TRUE The Argan Company shall not be held liable for any failure to perform the contract due to force majeure. Regarding the Products purchased, the Seller shall not be held liable for any indirect damage due to the present, operating loss, loss of profit, damage or expenses that may arise.
The choice and the purchase of a Product or a Service are under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Vendor, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal, if applicable, i.e. if the Customer is not a Consumer and the contract concluded to acquire the Product or Service allows for withdrawal, in accordance with Article L 221-18 et seq. of the French Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, TRUE The Argan Company will not be held responsible for :
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data that may result from the use of the Site or, on the contrary, from the impossibility of its use;
- malfunction, unavailability of access, misuse, poor configuration of the Customer's computer, or the use of a browser little used by the Customer;
- the content of advertisements and other links or external sources accessible by the Customers from the Site.
The photographs and visuals of the Products presented on the Site have no contractual character, the responsibility of the Salesman could not thus be committed if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS
All elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting.
Any Customer who is guilty of infringement may have his or her account deleted without notice or compensation and without this deletion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Vendor or his or her agent.
The trademarks and logos contained in the Site may be registered by TRUE The Argan Company, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, distributions and reruns incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.
ARTICLE 11 - INDEPENDENCE OF CLAUSES
If any provision of the T&Cs is held to be illegal, void or for any other reason unenforceable, then such provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede any prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sublicensable by the Customer himself.
A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC shall be in the French language.
ARTICLE 12 - APPLICABLE LAW AND MEDIATION
These GTC are governed by and subject to French law.
Except for provisions of public order, all disputes which could arise within the framework of the execution of the present GTC could before any legal action be subjected to the appreciation of the Editor of the Site with a view to a friendly settlement.
It is expressly reminded that the requests for amicable settlement do not suspend the deadlines opened to bring legal actions. Unless otherwise provided for by public policy, any legal action relating to the execution of these GTC shall be submitted to the jurisdiction of the courts of the place of residence of the defendant.
MEDIATION OF CONSUMPTION
According to article L.612-1 of the French Consumer Code, it is recalled that "any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system".
In this respect, TRUE The Argan Company offers to its Consumer Clients, in the case of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows
- Mediator of the approved mediation center Médicys
It is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.
All rights reserved - January 1st, 2023