Terms of Sales

General Conditions of Sale and Use (CGV/CGU)

1. About us
   The LARADI company, creator of the Achamana brand and the website www.achamana.com (hereinafter the "Company”) is under the "auto-entrepreneur" regime, whose registered office is at 89 Rue Jean Monnet - 33700 MERIGNAC and registered in the Directory of Companies and Establishments of Bordeaux, under the siret number 83169652100010. The Company markets, to its Customers via its Website, the following products: Clothing, accessories, Yoga and meditation articles in natural and/or eco-responsible materials.

2. Preamble
   The Company invites Users to carefully read these General Conditions of Sale and Use (hereinafter the "CGV/CGU" ). Placing an Order implies acceptance of the T&Cs/GCUs. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual.
   
   The Customer acknowledges having read them and having accepted them by ticking the box provided for this purpose before placing his Order online.
   The GCS/CGU govern the conditions under which the Company sells its Products to its Professional Customers and Consumers via its Website.
   
   They apply to all sales concluded by the Company and apply impose on any contradictory document, in particular the Customer's general conditions of purchase.
   
   They are systematically communicated to the Customer who requests them.
   
   In the event of subsequent modification of the T&Cs/GCU, the Customer is subject to the version in force at the time of his Order.
3. Definitions

4. Registration

5. Orders
   Any Order can only be placed when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the "Order" button.
   
   He must enter an address, a delivery method and only a valid method of payment in order to finalize the Order and to effectively form the contract of sale between him and the Company. The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site.
   
   Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to delivery. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
   
   The Company may allow the Customer to benefit from price reductions, rebates and rebates depending on the number of Products available on the Site ordered or depending on the regularity of the Orders, according to the conditions set by the Company.

6. Products and prices
   The Products subject to the GCS/CGU are those which appear on the Site and which are sold and shipped directly by the Company.
   
   The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics.

   The Products offered for sale are described and presented with the greatest possible accuracy.One or more photographs as well as a description detailing the essential characteristics of the Product can be consulted prior to the Order

   However, minimal differences between a Product and its photograph may exist, depending in particular on the resolution and color definition of the user's screen. The photographs and descriptions of the Products offered for sale on the Site are provided for information purposes only and have no contractual value.

   The sale takes place within the limits of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock is non-existent.
   
   When a Registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and takes into account the reductions applicable and in force on the day of the Order. By default, the price indicated does not include delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed estimate setting out the formula for calculating the price.
   
   Under no circumstances may a User demand the application discounts no longer in effect on the day of the Order.

On the other hand, sometimes Achamana offers free delivery depending on the products and the destination, in this case, this free delivery will be explicitly mentioned on the product sheet and the order form.

7. Terms of payment
   Unless otherwise specified, all sales are paid in cash at the time the Order is placed.
   
   Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or when receiving the invoice.
   
   Payment can be made by:

• Check

Delivery begins on the date of effective cashing of the check

• Bank transfer

Delivery is committed by bank transfer credited to Achamana's account

• Bank card via a secure ssl connection
  
  

The Customer will pay for his order by bank card (credit card, Visa, Eurocard/Mastercard, American Express, Paypal, Stripe) in accordance with the provisions of this article.

To pay for his order by credit card, the Buyer must send the name of the card holder, the number of his credit card and, depending on the type of the latter, the expiry date of the latter as well as the cryptogram number (3-digit number on the back of their bank card).

The card is debited, at the earliest, only when the preparation of the order is finalized. In any event, the amount debited will correspond to the Product(s) actually shipped by Achamana.

It is specified that to make payment by credit card, the Buyer was automatically transferred to a payment server.

The server is secured by S.S.L (Secure Socket Layer) encryption so as to protect as effectively as possible all data related to means of payment, and so that, at no time, the bank details of the Buyer does not pass through Achamana's computer system.

• Payment by PayPal

After clicking on the "Confirm and proceed to payment" button, the Customer who has chosen to pay for his order by Paypal is redirected to the Paypal page of the Site where he can enter his e-mail address linked to his PayPal account and their PayPal password

PayPal encrypts all the information that the Customer communicated to it when creating an account. Thus, no information other than the Customer's e-mail address is communicated to Achamana. Financial and personal information is encrypted automatically when sending any sensitive information to PayPal servers. For more information on the security of transactions between PayPal and the Customer's banking institution, Achamana invites the latter to contact PayPal.

• Payment by Sripe

After clicking on the "Confirm and proceed to payment" button, the Customer who has chosen to pay for his order by Stripe is redirected to the Stripe page of the Site where he can enter his e-mail address linked to his Stripe account and his Stripe password.

Stripe encrypts all the information that the Customer communicated to it when creating an account. Thus, no information other than the Customer's e-mail address is communicated to Achamana. Financial and personal information is automatically encrypted when sending any sensitive information to Stripe servers. For more information on the security of transactions carried out between Stripe and the Customer's banking institution, Achamana invites the latter to contact Stripe.

All electronic payment servers and payment platforms mentioned in these GCS are all secure, but it is up to the customer to carry out the basic checks for all online payments, namely to check in the url the existence of the logo of the padlock followed by https://..address

8. Delivery
   The Products are delivered exclusively in the following geographical areas:
   
   - Metropolitan France, Corsica, Overseas.
   
   On the European continent:
   Delivery to all European countries.
   
   In North America:
   - Canada.
   - States United States.
   
   The Company undertakes to make every material and human effort to have the Products delivered as soon as possible. These may vary depending on the geographical area of ​​the Customer, the delivery method chosen or the Product ordered.
   
   If the delivery deadline of 30 days is exceeded, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having ordered the Company, under the same terms, to make the delivery within a reasonable additional period, and if the Company has not not executed.
   
   In this case, the Customer will be reimbursed within 72 hours (7 days maximum) if payment has already been made.
   
   In the event that delivery is impossible , due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be borne by the Customer.
   
   In addition, the Company cannot be held liable for reasons related to exceeding delivery times:
   - in periods of high demand, such as the end of year holiday periods ,
   - for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
   - for facts attributable exclusively to the carrier responsible for the delivery
   
   The delivery is made, according to the Customer's choice and according to the prices indicated on the Site:
   
   - to the address indicated by the Customer when ordering by simple post.
   
   - to one of our partner points as indicated on the Site. For the withdrawal of the Products, a valid identity document will be required. Otherwise, the Products ordered cannot be delivered to the Customer.
   
   - by So Colissimo. The delivery is made by La Poste according to its deadlines in force. The Customer may be delivered:
   
             - to his home with hand delivery. In case of absence delivery in mailboxes or post office. If the Customer has not come to collect it within 10 days, the parcel will be returned to the sender.
             - at his home by appointment.
             - in one of the 35 Cityssimo parcel spaces 7 days /7 and 24 hours a day, within 10 days.
   - at the post office of your choice within 10 days.
   - at one of So Colissimo's partner merchants.
   - by UPS according to its current delivery times.

9. Complaint
   For all Orders made on this Site, the Customer has a right of complaint for 30 days from delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly issued upon delivery, the Products are deemed to comply with the Order.
   Upon receipt of the order, the Buyer shall verify the conformity of the Products received in execution of his order (namely, in particular: Products not corresponding to the order, damaged, damaged packages)

To exercise this right of complaint, the Customer must send the Company, to the address sav@achamana.com, a declaration in which he expresses his reservations and complaints, accompanied by the supporting documents relating thereto (statement receipt countersigned by the carrier, photographs, etc.

A claim that does not comply with the conditions described above cannot be accepted.

The Company will replace or refund the Product within as soon as possible and at his expense.

10. Consumer's right of withdrawal
    The Consumer has a right of withdrawal for 14 days from the placing of the Order, except for the products mentioned in Article L.121-21-8 of the Consumer Code.
    
    To exercise this right of withdrawal, the Consumer sends a declaration to the address: sav@achamana.com .

The Products must be returned in their original packaging and in perfect condition within 8 days of notification of withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer.

He will be reimbursed for all costs paid for placing the Order within 7 days of the Company becoming aware of its declaration of withdrawal and receipt of the returned package after control and approval.

Warning! No returns will be accepted if the item has been worn and washed The item must be in its original packaging with the label present on the garment or item and the film protection.

Any return unsuitable for resale (used, damaged, soiled, damaged by the Customer) will be rejected and Achamana will be released from all liability.

The Items must imperatively be returned correctly protected, in their original packaging (packaging opened with care and closed with care will not be considered as unsuitable packaging for return), accompanied by their label and protective film.

The costs related to the return of the Items will be reimbursed by Achamana only in the event that the Item(s) delivered is different from that which was ordered or if the package is damaged.

11. After-sales service

For any information or questions, for order tracking, to exercise the right of withdrawal or to invoke the warranty, the customer must contact customer service by email at: sav@achamana.com

12. Transfer of risks and ownership
    The Company retains ownership of the Products sold until full payment of the price by the Customer. It can therefore repossess said Products in the event of non-payment. In this case, the installments paid will remain acquired by the Company as compensation.
    
    For Professional Customers, the transfer of risks to the Customer takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risk takes place upon delivery or upon collection of the goods at the store when the Customer has chosen in-store delivery.
13. Legal guarantees
    The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
    Article L.211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.”
    
    Article L.211-5 of the Consumer Code: “To comply with the contract, the goods must:
    1° Be fit for normal use expected from a similar good and, where applicable:
    
    - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
    
    - present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
    
    2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.”
    Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for use age for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them."
    
    Any resold Product altered, modified or transformed is not covered by the guarantee.
    
    This is limited to the replacement or reimbursement of Products that are not compliant or affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not would not respect the legislation of the country in which it is delivered.
    
    The Customer must inform the Company of the existence of the defects within two years. The Company will rectify the Products deemed to be defective as far as possible. If the liability of the Company is retained, the guarantee is limited to the amount excluding VAT paid by the Consumer for the supply of the Products.
    
    The replacement of the Products does not have the effect of extending the duration of the guarantee.

14. Modifications
    The Company reserves the right to modify the Site, the GCS/CGU as well as any delivery procedure or other constituent element of the services provided by the Company through of this Site.
    
    When an Order is placed, the User is subject to the stipulations set out in the CGV/CGU in force when placing the Order.

15. Informatique et Libertés
    In accordance with the law of January 6, 1978, the personal data requested from the Customer is strictly necessary for the processing of his Order.
    
    They may be communicated to the partners in charge of the execution of the Orders. The User may therefore be required to receive information or commercial offers from the Company or its partners.

All information in your Account is only used in the context of your business relationship with www.achamana.com . This information is never shared with third parties or resold.

Your banking information is never in our possession. Transactions are entirely processed by Paypal or by the SSL secure payment module.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data in writing, by mail and with proof of identity, to the following address: contact@achamana.com.

Achamana is likely to send customers commercial offers by post, email, sms, telephone or via all the web spaces run by achamana or any of its subsidiaries on social networks, subject to prior acceptance.

The User may at any time oppose the receipt of commercial offers, by writing to the address indicated above, or by clicking on the link provided for this purpose in the e-mails received.

To enable its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).

The User expressly authorizes the Company to place a so-called "cookie" file on the user's hard drive.

• Cookies:
  The User has the option of blocking, modifying the retention period, or deleting these cookies via their browser interface.If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction can in no way constitute damage for the member who will not be able to claim any compensation as a result. t15>

• Web Beacons:

Certain web pages of the Site may contain web beacons which make it possible to count the number of visitors to the Site or to provide Achamana with a certain number of indicators.

These web beacons may be used with some of our partners, in particular to measure and improve the effectiveness of the Site.

In any case, the information obtained via these web beacons is strictly anonymous and simply makes it possible to gather statistics on the frequentation of certain pages of the Site, in order to better serve the Customers of our Site.

CNIL declaration: Since the implementation of the GDPR on May 25, 2018, there is no longer any declaration to the CNIL (except for specific sectors such as health and the public sector).

16. Responsibilities

The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to permanently ensure the service, it is may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.

As mentioned previously herein , the Company can in no way be held responsible for delays in delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or whose fault cannot be attributed to it.

17. Intellectual property
    The brand, logo and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected under the copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.

18. Jurisdiction clause
    The law governing the GCS/CGU is French law. Any dispute that may arise between the Company and a User during the execution of the present will be the subject of an attempt to resolve amicably. Otherwise, disputes will be brought to the attention of the competent courts of common law.

19. Acceptance of the GCS/CGU
    The Customer or User expressly accepts the GCS/CGU.
    The Customer declares to be aware of them and waives the right to avail himself of any other document, in particular its own general conditions of purchase.

These general conditions of sale and the order confirmation sent by Achamana to the Buyer form a contractual whole summarizing all the agreements between the Parties.

The customer acknowledges and accepts that the order recording systems provide proof of all transactions between Achamana and the customer.

The customer acknowledges and accepts that proof of acceptance of the GCS is characterized by ticking the words "I have read and I accept the general conditions of sale".

The Consumer acknowledges having read the information and information provided for in Articles L111-1 to L.111-7 of the Consumer Code, and in particular:

• the essential characteristics of the Product;
• the price of the Products;
• the date or the deadline by which the Company undertakes to provide the Service;
• information relating to the identity of the Company (postal, telephone, electronic contact details);
• information relating to legal and contractual warranties and their terms of implementation;
• the possibility of resorting to conventional mediation in the event of a dispute;
• information relating to the right of withdrawal (deadline, terms of exercise).