General Terms of Sale

 

 

 

The present terms are concluded between:
MAOLYA SAS society with a capital of 5 000 € which head office is at 44, rue de l’ Alma 92400 COURBEVOIE registered at the RCS of Nanterre under the number 810 098 665.

Below mentioned ” the seller “

AND 

The visitor wishing to make a purchase on the web site of YVA Océan Indien www.yva-oceanindien.com for its own uses (unrelated to any business or professional practice).

Below mentioned ” the buyer “.

The CNIL declaration number is 1856928 v 0.

 

Article 1 – Completeness

1.1 
The present general terms express the entire obligations of the parts. In this way, the buyer is considered accepting them without reserve.

1.2 
The seller and the buyer agree that the present general terms govern exclusively their relation. The seller reserves the right to modify punctually its general terms. They will be applicable as soon as they will be online.

1.3 
If a term of sale came to be lacking, it would be considered to be governed by the current rules in the sector of e-shops in France.

Article 2 – Object

The present general terms define the rights and duties of the parts in the case of on-line sale of the goods proposed by the seller to the buyer. Products on sale are intended for a personal use of the user.

Article 3 – Order

3.1
Any order is worth full and whole acceptance of the present GTS, the prices  and the descriptions of products available on the site. 
3.2 
In certain cases, such as non-payment, wrong address or other problem related to the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.
3.3
In case of unavailability of an ordered product, the buyer will be informed about it by e-mail.
The cancellation of the order of this product and its possible refund will then be made.
3.4 
For any question relative to the follow-up of an order, the buyer has to send a message at contact@yva-oceanindien.com.

Article 4 – Information about the products

4.1 
Products governed by the present general terms are the ones which appear on the web site of the seller and which are indicated as sold and sent by the seller. They are proposed within the limits of available stocks.
4.2 
Products are described and presented as accurately as possible. However if errors or omissions were able to occur, the responsibility of the seller could not be committed.

Article 5 – Price

5.1 
The seller reserves the right to modify its prices at any time but makes a commitment to apply the current price lists indicated at the time of the order, subject to availability at this date.

5.2 
The prices are indicated in euros. They do not include shipping costs, which are indicated during the validation of the order. The prices take into account the applicable VAT the day of the order and any change of the applicable rate VAT will automatically be echoed on the price of the products of the online shop. The payment of the integrality of the price must be done at the moment of the order.

Article 6 – Method of payment

6.1 
It is an order with obligation of payment, meaning that the validation of the order involves the complete settlement by the buyer.

6.2 
To settle his order, the buyer has the available modes of payment accepted by the seller . The buyer guarantees to the seller that he has the authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of credit card payment on behalf of the officially accredited organizations or in case of  nonpayment. The seller reserves in particular the right to refuse to make a delivery or to fulfill an order emanating from a buyer who would not have settled totally or partially a previous order or  with whom a dispute of payment would be in progress. 
6.3
The buyer settles his purchases with order by Bank Card, by a system of secure payment.
6.4
To do any order from an international country (except EUROPE, SWITZERLAND and DOM TOM), please contact directly the seller at contact@yva-oceanindien.com.

Article 7 -Delivery deadline –  Availability of products  

7.1 
Except in case of force majeure or during time of closure of the online shop which will clearly be announced on the homepage of the site, the deadlines of expedition will be those indicated, while stocks last. The deadlines of expedition run from the date of recording of the order indicated on the e-mail of confirmation of the order.

7.2 
For the deliveries in metropolitan France, the average deadline is from 3 to 5 working days from the day following the order.

7.3
In case of unavailability of the ordered product, the buyer will be informed about it as soon as possible and will have the possibility to cancel his order.

Article 8 – Terms of delivery

8.1 
The delivery is made only after confirmation of the payment by the banking organization of the seller.

8.2 
The ordered products are delivered by Colissimo (La Poste) with follow-up of the order, deposit in mailbox or deposit of a transit advice note or delivered to the recipient without signature. The delivery deadlines indicated on the site are indicative deadlines, corresponding to the average deadlines of processing and delivery.

8.3 
Products are delivered to the address indicated by the buyer on the order form, the buyer will have to check his accuracy. Any parcel sent back to the seller because of a wrong or incomplete delivery address will be forwarded at the charge of the buyer. 

8.4
If at the time of the delivery, the original packing is damaged, torn, opened, the buyer then has to verify the state of articles. If they were damaged, the buyer will necessarily have to notify it, the same day of the reception or at the latest the following day, by e-mail sent at contact@yva-oceanindien.com.
The seller is not responsible of the delivery but will do his best to resolve the problem.

8.5
The delivery can’t be made neither in hotels, nor in post office boxes. 

8.6
For any delivery outside of EUROPE,  SWITZERLAND and DOM TOM, please contact directly the seller by e-mail at contact@yva-oceanindien.com.

Article 9 – Shipping costs

9.1
For a delivery in metropolitan France and Monaco, the shipping costs are 4.90 Euros TTC.
For delivery in Europe and DOM TOM the shipping costs are 14.90 Euros TTC.

9.2
For any other destination, please contact directly the seller at contact@yva-oceanindien.com.

Article 10 – Errors of delivery

10.1 
The buyer will have to advise the seller the same day of the delivery or at the latest the following day, for any complaint of error of delivery and/or non-compliance of products with regard to the indications appearing on the order. Any complaint formulated beyond this deadline will be rejected. The complaint will be sent by e-mail at contact@yva-oceanindien.com.

10.2 
Any complaint not made in rules defined above and within the time limits allowed cannot be taken into account and will relieve the seller of any responsibility towards the buyer.

10.3 
Every product to be exchanged or to be refund must be returned to the seller intact, complete and in its original packing, to the address which will be indicated by the seller at the time of the complaint.

Article 11 – Guarantee of products

11.1
All the articles are submitted to a legal guarantee of conformity (L 211-4 al 1 of the Code of the consumption) and a guarantee against the latent defects (articles 1641 and following ones of the Civil code).

11.2
In any case, the buyer benefits from legal guarantees of conformity and latent defects, according to the current legal requirements.

Article 12 – Right to withdraw 

12.1 
According to the code of the consumption, the buyer has a deadline of fourteen (14) working days  from the delivery date of his order, to return any article that not suit him and to ask for the refund without penalty, with the exception of the initial costs of delivery and the costs of return which stay chargeable to the buyer.

12.2 
Only will be taken back products sent back as a whole, in their complete and intact original packing and in perfect condition of resale. Every product which have been damaged, or whose original packing have been damaged, will not be refunded.

Article 13 – Procedure of return – Refund

13.1 
The product must be returned to the seller, whole, not damaged and in its original packing, at the address which will be mentioned by the seller at the request of retraction of the buyer.

13.2
No return postage due will be accepted.

13.3
The seller will have to refund  the buyer in 30 days according to the date of reception of the returned parcel.

Article 14 – Force majeure

14.1 
Any circumstances independent from the will of the two parts preventing the execution in normal conditions of their obligations are considered as causes of exemption from the obligations of the parts and pull their suspension.

14.2 
The part which calls upon the above-mentioned circumstances has to warn immediately the other part of their emergence, as well as their disappearance.

14.3 
Any irresistible facts or circumstances, unpredictable, inevitable, independent from the will of the parts will be considered cases of force majeure and which cannot be prevented by the latter, in spite of all the efforts reasonably possible. In an express way, are considered cases of force majeure or coincidences, besides those usually held by the jurisprudence of the courts and the French courts:  blocking of the means of transportation or the supplies, earthquakes, fires, storms, floods,  lightning, stop of the telecommunication networks or difficulties appropriate to the external telecommunication networks to the customers.

14.4 
The parts will get closer to examine the incidence of the event and agree on conditions in which the execution of the contract will be pursued.

Article 15 – Intellectual property

15.1
The brand YVA Océan Indien, as well as all the illustrations, the images and the logotypes and any contents appearing on the www.yva-oceanindien.com Web site are and will remain the exclusive property of MAOLYA SAS in the trade name YVA Océan Indien, the holder of intellectual property rights.

15.2
Any total or partial reproduction, modification or use of the brand YVA Océan Indien and the illustrations, the images and the logotypes belonging to it, or any other contents of the Site www.yva-oceanindien.com regardless the reason or the support used, without express agreement, written and prerequisite of MAOLYA SAS in the trade name YVA Océan Indien is strictly forbidden.

15.3
The same rule is applied for any copyright, designs and models, patents represented and\or used on the Web site of www.yva-oceanindien.com.

Article 16 – Proof-preservation and Archiving of the transactions

Registers computerized, kept in the computer systems of the company MAOLYA SAS and its partners in reasonable conditions of security, will be considered as proofs of the communications, the orders and payments intervened between the two parts. The archiving of order forms and invoices is made on a reliable and long-lasting support to correspond to a faithful and long-lasting copy according to the article 1348 of the civil code.

Article 17 – Responsibility

17.1
The buyer, before his order, declares to have the full legal capacity, allowing him to undertake in conformance with the present general terms of sale.
The seller can not verify the legal capacity of his users and his buyers.
Accordingly, if a person not having the legal capacity to order  articles on the Web site www.yva-oceanindien.com, her legal persons in charge would assume the full responsibility of this order and should
honor with it in particular the price. 

17.2
The responsibility of the seller in conformance with the obligations exposed in the present General terms of sale could not be committed in case the non-fulfillment of its obligations would be attributable in the fact of a third part even if it is predictable, in the fault of the buyer, or in the emergence of any event of force majeure such defined by the French jurisdictions, or in any other event which was not reasonably under the exclusive control of the seller.

Article 18 – Personal data and RGPD law

18.1
In the context of distance sales, the seller collects inevitably personal data of the buyer essential to the processing and the delivery of the orders, as well as for the issuing of invoices. These data are strictly confidential, it will be used by the seller for the processing of the realized orders.
The buyer doesn’t keep the bank details given during the payment.

18.2
The buyer is informed that this automatic processing of information, in particular the management of the addresses of electronic messaging of the users, was the object of a declaration to the CNIL(NATIONAL COMMISSION FOR INFORMATION TECHNOLOGY AND CIVIL LIBERTIES) according to the law n°78-17 of January 6th, 1978 relative to the computing, to the files and to the liberties.

18.3 
The buyer has a right of access, modification, rectification and deletion of the collected personal information concerning him.
To exercise this right, the buyer has to send a request, by mail, accompanied with an ID card.
The buyer can be brought to receive from the seller e-mails of information about products and activities. The buyer keeps the right to refuse such a communication either a priori by not giving his consent at the time of the validation of the order, or a posteriori by showing his refusal by e-mail.

Article 19 – applicable Law and treatments of the disputes

19.1
The sales of products of the company MAOLYA SAS are submitted to the French law whatever is the country of residence of the buyer and the place of recording of the order.
19.2
Any dispute will be, if lack of mutual agreement, the exclusive competence of the French courts.