General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 - DEFINITIONS

These General Terms and Conditions of Sale (hereinafter the “GCS”) are offered by ANEA LLC LLC.

Hereinafter referred to as:

“Site”: the site “https://my-anea.com” and all of its pages, the exclusive property of the Company.

“Products” or “Services”: all products (goods) and services (provision of services) that may be purchased or subscribed to on the Site.

“Seller”: Anea, a legal entity or natural person, offering its Products or Services on the Site.

“Customer”: the Internet user, whether an individual or professional, making a purchase of Product(s) or Service(s) on the Site.

“Consumer,” in accordance with the definition in the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, or professional activity

Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GCS carefully, print them and/or 

save on a durable medium before placing an order on the Site.

The Customer acknowledges having read the GCS and accepts them in their entirety.

ARTICLE 2 - APPLICATION OF THE GCS AND PURPOSE OF THE SITE

The Seller reserves the right to modify the GCS at any time by publishing a new version on the Site.

The GCS applicable to the Customer are those in effect on the day the Customer places their order on the Site.

Legal information concerning the Site’s host and publisher, the collection and processing of personal data, and the Site’s terms of use is provided in the general terms of use, legal notices, and data policy of this Site.

This site offers a selection of products designed to meet the needs and expectations of women.

The Site is freely and openly accessible to all Customers. Purchasing a Product or Service requires the Customer to accept these GCS in their entirety, thereby acknowledging that they have fully read and understood them. This acceptance may consist, for example, of the Customer checking the box corresponding to the acceptance statement for these GCS, bearing wording such as “I acknowledge that I have read and accepted all of the Site’s general terms and conditions.” Checking this box shall be deemed to have the same value as the Customer’s handwritten signature.

Acceptance of these General Terms and Conditions of Sale requires Customers to have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative.

The Customer acknowledges the evidentiary value of the Seller’s automatic recording systems and, unless they provide proof to the contrary, waives the right to challenge them in the event of a dispute.

Any Order for Products implies the Customer’s unreserved acceptance of and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless the Company has expressly and previously agreed otherwise.

ARTICLE 3 – CUSTOMER SERVICE

The customer service department of this Site can be reached by email at the following address: “contact@my-anea.com” via the form or by post at the address indicated in the legal notices. The Customer must include their first name, last name, the subject of their inquiry, and their Order number in the email.

For any professional inquiry (partnership, media, contract proposal), the Company may only be contacted by email at contact@my-anea.com.

ARTICLE 4 – PROCEDURE FOR PLACING ORDERS AND DESCRIPTION OF THE PURCHASING PROCESS

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

The photos on the Site are not contractually binding and may differ substantially from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, the angle of the shot, etc.

The term “Cart” is defined below as the intangible object containing all the Products or Services selected by the Customer on the Site for purchase by clicking on those items. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their “Cart,” whose contents may be modified at any time.

1. The Customer places the Order via the Site: the Customer records and validates the Order on the Site.

2. To place an order on the Site, the Customer freely selects one or more Products from the Site’s catalog by clicking the “add to Cart” button. On the “Cart” page, the Customer may review the details of their Order and correct any errors before confirming it.

3. On the “Information” page, the Customer must enter their contact information. They may opt to receive updates about their Order by email by checking the required box.

4. On the “Delivery” page, the Customer must choose the shipping method offered to them.

5. On the “Confirmation” page, the Customer must enter their bank details and billing address. The Customer also has the option of entering a promotional code if they have one.

6. A complete summary of the order is displayed. The Customer may modify all elements of the Order before finalizing it. The Customer is responsible for any errors relating to the Order, Products, and contact information.

7. The sale is validly concluded when the Customer confirms the Order by clicking the “Complete my order” button, accepts the General Terms and Conditions of Sale, and makes payment according to the method chosen, subject to exercising the right of withdrawal.

The order validation date corresponds to the date on which receipt of the duly recorded full payment of the total price, including all taxes, is received.

ARTICLE 5 – PRICES AND PAYMENT TERMS

Unless otherwise stated, the prices listed in the catalog are in Euros, inclusive of all taxes (VAT included), taking into account the VAT applicable on the day the order is placed and excluding any potential contribution toward processing and shipping costs.

Anea reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. However, the price listed in the catalog on the day the order is placed shall be the only price applicable to the Customer.

The Customer may place an order on this Site and may pay by bank card, Bancontact, Apple Pay, or PayPal. Bank card payments are made using secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer’s payment methods. Payment is made directly to the bank or payment service provider receiving the Customer’s payment. In the event of payment by bank transfer, the delivery times specified in the “Deliveries” section of these General Terms and Conditions of Sale shall only begin to run from the date on which the Seller effectively receives payment, which the Seller may prove by any means. Product availability is indicated on the Site, in the descriptive sheet for each Product.

Anea will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions carried out between the parties.

ARTICLE 6 – DELIVERIES

Delivery charges will be indicated to the Customer before any payment is made. The Site has no geographical delivery limitations; orders may be shipped anywhere in the world. Delivery times indicated when placing the order are provided for information only and remain subject to potential delays by postal services or other exceptional circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event that a Product is delivered outside the territory of the European Union and to the French overseas departments and territories, the Customer declares that they are the importer of the Product and accepts that, in such cases, the Seller may be materially unable to provide them with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where 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 concluding the contract with a Consumer Customer.

For hand-delivered shipments, the Customer may refuse a parcel at the time of delivery if they notice any irregularity concerning the delivery (damage, Product missing compared with the delivery note, damaged parcel, broken Products, etc.); any irregularity must then be indicated by the Customer on the delivery note in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise their right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have the damaged goods taken back by the carrier. For delivery to a mailbox, the Customer agrees to check the parcel immediately and contact support Anea if they notice any irregularity. Failure to comply with these requirements will prevent the Customer from exercising their right of refusal, and the Seller will not be required to grant the Customer’s request to exercise their right of refusal.

If the Customer’s parcel is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Customer upon receipt of the returned parcel to ask what should be done with the order. If the Customer mistakenly refused the parcel, they may request that it be resent by paying the postage costs for the new shipment in advance. Postage costs must be paid even for orders for which shipping was free at the time of ordering.

In the event of a delivery or exchange error (if the right of withdrawal applies, that is, if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Customer’s clumsiness or mishandling cannot be attributed to the Seller.

Any delay in delivery beyond the date or time frame indicated to the Consumer Customer when placing the order or, if no delivery date or time frame was indicated when the order was placed, exceeding thirty (30) days from the conclusion of the contract, may result in termination of the sale at the Consumer Customer’s initiative, upon their written request by registered letter with acknowledgment of receipt, if the Seller has failed to make the delivery after being formally instructed to do so. The Consumer Customer will then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, for the full amount paid. This clause does not apply if the delivery delay is due to force majeure.

Special case of a package whose tracking number indicates that it has been “delivered” but was not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox even though its tracking number indicates that it has been “delivered,” customer service may ask them for additional information and an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then do everything possible to ensure the Customer’s satisfaction, including offering to immediately resend the products at its own expense.

ARTICLE 7 – RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM

The Consumer Customer has fourteen (14) working days from the date of receipt of the product ordered to withdraw. They must return any product that does not suit them and request an exchange or refund without penalties, except for the return costs, within fourteen days of receipt by Anea the refund request.

The Product must be returned in perfect condition, sealed in its blister packaging, and unused. The Consumer Customer may find below a standard withdrawal form for an order placed on the Website, to be sent to Anea. It is understood that the Customer shall bear the cost of returning the Product in the event of withdrawal.

The Customer is advised to return the package using a method that allows the shipment to be tracked. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to ask them to locate it.

The refund will be issued using the same payment method chosen by the Customer for the initial transaction, unless the Customer has expressly agreed that the Seller may use another payment method, and provided that the refund does not incur any fees for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that they have shipped the Product, if such demonstration has not previously been provided.

If the Products depreciate as a result of handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L121-17 of the Consumer Code, (the “Hamon Act”) of June 2014, the Consumer Customer may find below a standard withdrawal form for an order placed on the website:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of: 

Anea

I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the item below:

Order number:

Surname / First name:

Telephone number: 

Email address:

Postal address:

Reason for the complaint:

• Exchange* (specify the desired product)

• Refund* (attach complete bank details including the IBAN and BIC)

Signature of the Customer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

ARTICLE 8 – PRODUCT WARRANTIES

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be subject to any guarantee; if this guarantee is invoked, the buyer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have two years from the discovery of the defect.

The postponement, suspension, or interruption of the limitation period may not have the effect of extending the limitation period beyond twenty years from the day on which the right arose, in accordance with Article 2232 of the Civil Code.

All items purchased on this website benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and is liable for defects in conformity existing at the time the Product is delivered. The legal guarantee of conformity may be invoked if a defect existed on the day the Product was received.

However, the Customer will be responsible for proving that the defect existed at the time of taking possession of the Product. 

“In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer’s choice if that choice entails a manifestly disproportionate cost in relation to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.”

Legal warranty against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be refunded the amount of their order by cheque or bank transfer. The costs of the exchange or refund procedure (in particular the return shipping costs for the Product) shall then be borne by the Seller.

ARTICLE 9 – LIABILITY

The Seller Anea shall not be held liable for failure to perform the contract concluded due to the occurrence of a force majeure event. With regard to the Products purchased, the Seller shall incur no liability for any indirect damages arising from these terms, operating losses, loss of profit, damages or expenses that may arise.

The selection and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, particularly due to hardware incompatibility, shall not give rise to any compensation, refund or liability on the part of the Seller, except in the event of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal, if applicable, that is, if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L 121-21 of the French Consumer Code.

The Customer expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, Anea shall under no circumstances be held liable:

• any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of customers or data, which may, among other things, result from the use of the Site, or conversely from the inability to use it;

• a malfunction, unavailability of access, improper use, incorrect configuration of the Customer’s computer, or the use of a browser rarely used by the Customer;

• the content of advertisements and other links or external sources accessible to Customers from the Site.

The Seller shall therefore not be liable if the characteristics of the Products differ from the visuals displayed on the Site, or if the latter are inaccurate or incomplete.

ARTICLE 10 – FORCE MAJEURE

In accordance with Article 1218 of the Civil Code, force majeure or unforeseeable events are events beyond the parties' control that they could not reasonably have been expected to foresee and that they could not reasonably have avoided or overcome, insofar as their occurrence makes performance of the obligations entirely impossible.

The occurrence of a force majeure event shall automatically suspend performance of the Order.

After a period of ninety (90) calendar days, if the parties find that the force majeure event persists, either party may cancel the Order and terminate the sales contract. To this end, the more diligent party must send the other party a registered letter with acknowledgment of receipt terminating said sales contract.

The effective date of termination shall be the date on which the letter is first presented. In this case, neither party may claim damages, unless otherwise agreed by both parties.

ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS

All elements of this Site belong to the Seller or to an authorized third party, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark rights, image rights, and patent rights. No one is authorized to reproduce, exploit, redistribute, or use, in any capacity whatsoever, even partially, any elements of the Site. Any direct link or hyperlink is strictly prohibited without the Company's express written consent. In all cases, any link, even if tacitly authorized, must be removed upon the Company's simple request.

Only use of the Site for private purposes is permitted, subject to any different or more restrictive provisions of the Intellectual Property Code.

Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law, unless prior authorization has been obtained.

Any reproduction, representation, or adaptation of the logos, textual, pictographic, or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Customer found guilty of counterfeiting may have their account deleted without notice or compensation, and such deletion may not give rise to any claim for damages, without prejudice to any subsequent legal proceedings against them initiated by the Seller or its representative.

The trademarks and logos contained on the Site may be registered by Anea, or possibly by one of its partners. Any person making representations, reproductions, incorporations, distributions or redistributions of them is subject to the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

ARTICLE 12 – PROCESSING OF PERSONAL DATA

1. The Company collects the Customer's data:

2. a) for the purpose of processing and tracking the Customer's Order on its Site; (and/or)

3. b) for the purpose of contacting you about various events relating to the Company, including in particular Product updates and customer relationship management; (and/or)

4. c) for the purpose of collecting information enabling us to improve the Site and our Products (in particular through cookies).

The collected data are processed by the Site's contractual service providers responsible for packaging and distributing the Products ordered, as well as by the hosting provider, Shopify Inc., whose servers are secured and protected by a firewall.

The collected data are retained by the Company only for the period corresponding to the purposes of the collection described above, which shall in any event not exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, delete or object on legitimate grounds to their data.

The Customer may exercise their rights by email at contact@my-anea.com.

ARTICLE 13 – COMMENTS AND OTHER USER SUBMISSIONS

If the Customer sends ideas, proposals or other materials, whether online, by email, by mail or otherwise (collectively, "comments"), at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Customer sends to it.

The Company is not and shall not be required to (1) maintain the confidentiality of comments; (2) pay compensation to anyone for any comments provided; (3) respond to comments.

The Company may monitor, modify or delete content that it determines, at its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally punishable, or that infringes any intellectual property rights or these General Terms and Conditions of Sale.

The Customer undertakes to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality rights, or other personal or property rights. The Customer undertakes not to write illegal, defamatory, offensive, or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Customer undertakes not to use a false email address, impersonate someone else, or attempt to mislead the Company and/or third parties regarding the origin of their comments.

The Customer is fully responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims any liability regarding comments published by the Customer or any third party.

ARTICLE 14 – SEVERABILITY OF CLAUSES

If any provision of the General Terms and Conditions of Sale is deemed illegal, invalid, or otherwise unenforceable, that provision shall be deemed severable from the General Terms and Conditions of Sale and shall not affect the validity or enforceability of the remaining provisions.

These General Terms and Conditions of Sale supersede all prior or contemporaneous written or oral agreements. The General Terms and Conditions of Sale may not be assigned, transferred, or sublicensed by the Customer.

A printed version of the General Terms and Conditions of Sale and all notices provided electronically may be requested in judicial or administrative proceedings relating to the General Terms and Conditions of Sale. The parties agree that all correspondence relating to these General Terms and Conditions of Sale must be written in French.

ARTICLE 15 – APPLICABLE LAW AND MEDIATION

The General Terms and Conditions of Sale are governed by French law.

The Site reserves the right to bring criminal proceedings against any attempt to make a fraudulent purchase or a purchase with a prohibited, canceled, stolen, or forged bank card. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes invalid and unenforceable shall not affect the validity of the other provisions and shall not release the Customer from performing its contractual obligations.

Indemnity

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, affiliated companies, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, caused by a third party due to or arising from your use of the website or our products and services, your violation of the terms, or your breach of your acknowledgments, agreements, representations, warranties, and obligations herein. 

National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption, or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Médiateur agréé par la Commission d’Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), est nommé en qualité de Médiateur de la Consommation, pour faciliter la résolution des litiges entre la Société et ses Clients, pour une durée de trois (3) ans à compter du [01/05/2019].

The European Commission website describes the mediation process used and allows Customers to submit a mediation request online together with supporting documents.

In particular, the dispute may not be examined by the Mediator if:

- the Customer cannot provide evidence that they first attempted to resolve their dispute directly with the Company by submitting a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has previously been examined or is currently being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after filing their written complaint with the Company,

- the dispute does not fall within its jurisdiction.

Mediation is free of charge for the Customer. If, at any stage of the mediation, the Customer uses a lawyer, a third party of their choice, or an expert to represent them, they shall bear the costs alone.

The Mediator may not receive any instructions from the parties or be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of bringing proceedings before a court. The parties remain free to submit their dispute to a judge in accordance with the applicable legal provisions. In the event of a dispute before a judge, jurisdiction shall be assigned to the competent Estonian court.

The Site reserves the right to bring criminal proceedings against any attempt to make a fraudulent purchase or a purchase using a prohibited or blocked bank card, or a stolen or forged cheque. In this context, no attempt at amicable settlement will be accepted.

The fact that any provision of these General Terms and Conditions of Sale becomes null and unenforceable shall not affect the validity of the other provisions and shall not release the Customer from fulfilling their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the purchase date under normal conditions of use and excludes any breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.