Article 1 - Preamble
The seller operates an e-commerce activity and offers an online sales service on the website www.yanka-by-amanda.com. These general terms and conditions are exclusively reserved for consumer and no for professional buyers. Yanka undertakes to comply with all the provisions of the Consumer Code relating to distance selling. The seller: YANKA, 26 rue de l'Armellerie, 26150 Die email: firstname.lastname@example.org SIRET no 790 581 383
Article 2 - Sale's conditions.
The conditions apply to all sales of products by the seller to the buyer, made through the site. Yanka reserves the right to adapt or modify at any time these terms and conditions of sale. In case of modification, it will be applied to each order the general conditions of sale in force on the day of the order. When placing an order, the customer acknowledges having read the special conditions of sale stated on the screen (product name, description, weight, color, price, quantity, specificity) and expressly declares to accept them without reservation. The placing of the order and its confirmation by the customer, materializes its full acceptance of the particular conditions of sale, only applicable to the order.
Article 3 - Description
The pictures that illustrate the products are not contractual. If, despite all our precautions, errors are introduced, Yanka's responsibility can not be engaged. Indeed, the pictures of the catalog and the descriptions are the most faithful possible, but we can not ensure a perfect similarity with the product offered. A color difference may be noticed depending on the browser and the screen used.
Article 4 - Order
The order is a summary of all the products selected by the customer who validates it. It becomes effective by clicking on the "Process" button of the Paypal virtual payment terminal used by Yanka. In this case, the buyer who wishes to buy a product must: -Fill the identification card on which he will indicate all the requested details. -Process your order after checked it. - Make the payment with the provided conditions -Confirm your order and payment.
Process to orders
The process to order results acceptance by the buyer of these conditions of sale, the acknowledgment of having perfect knowledge of it and the waiver of its own conditions of purchase or other conditions. All details provided and the process confirmation will be worth proof of the transaction. Confirmation will be worth signing and acceptance of transactions. Yanka reserves the right not to confirm an order for any reason whatsoever, particularly with regard to the supply of products.
Validity of the offer / unavailability of products
The offers showed by the seller on the website are valid as long as they are visible on the website. The pictures and descriptions of the products are given as an indication, and may undergo slight modifications without our responsability being incurred or the lawfulness of the sale may be challenged. All products showed on the website are in stock. In case of mistake on our maintenance of stocks, Yanka undertakes to payback the entire purchase to the buyer within a week.
Article 5 - Price / Payment
The prices of the products indicated on the webpages tie in to the prices all taxes inclusives and excluded shipping costs. The seller reserves the right to modify the prices of the products showed on the website. However, the products will be billed to the buyer on the effective rates by the time of the processing order.
Terms of Payment
Payment of the order will be made: By credit card. The payment is process by secure Paypal banking server by the time of the order. This implies that no banking information about you passes through the website www.yanka-by-amanda.com. Payment by card is therefore perfectly secure. Your order will be registered and validated upon acceptance of payment by the bank. The payment order made by credit card can not be canceled. Therefore, the payment of the order by the buyer is irrevocable, without prejudice for the buyer to use his right of retraction or cancellation of the order.
Transfer of ownership
The ownership's transfer of the product to the buyer will take place at the time of the full price cashing by the seller. However, upon receipt of the order by the customer, the risks of the goods delivered are transferred to the customer.
Article 6 - Delivery
The products are delivered to the address indicated by the customer on the order form, in Metropolitan France, and in all the Member States of the European Union. The deliveries are insured by the post office according to the tariff conditions indicated during the purchase. The seller agrees to process the order within fifteen days from the day following the order's process. However, orders are usually sent within 3 days. Each package has a barcode that is available to the customer. When the order is sent, this number is sent by email to the customer to enable him to follow the package on the carrier's website. The package is delivered by post to the delivery address filled by the customer. This delivery method is valid for the entire European Union.
The delivery delay is 3 to 8 business days except in cases of force majeure from the date of shipment. Delay generally observed.
The risk of damage during transportation of products always belong to the buyer who in case of delay, damage or lack must used recourse against the carrier. If the product is delivered after the cancellation of the order, the refund will be done upon receipt by the seller of the product in its original state. The return of the product and the refund of the buyer will be done under the conditions provided below in Article 7 "Cancellation-Retraction-Refund"
Article 7 - Right of withdrawal
Buyers, no-professional individuals, benefit from a withdrawal period of 14 days from the delivery of their order to return the product to the seller for exchange or refund without penalty, except the return costs. Any request for exchange or refund must be made by email to: email@example.com. The customer must return the intact item (s) in their origin packaging to the following address:
YANKA, 26 rue de l'Armellerie 26150 Die
Specifying whether it is an exchange or a refund. In case of use by the customer of the right of withdrawal, the company Yanka must refund the money paid by the customer, without charge, except the return costs. The refund is made within 15 days maximum.
Article 8 - Force majeure
The responsibility of the company Yanka cannot be engaged for any negligence in its contractual obliga-tions due to force majeure such as strikes, fires, floods, natural disasters or other reason, this list isn't exhaustive.
Article 9 - Litigation
This contract belong to French law. Yanka can not be held responsible for any kind of damages, whether tangible, intangible or physical that could result from improper use of the products. The same is true for any changes made by the manufacturers of the products. The responsability of the company Yanka will, in any case, be limited to the amount of the order and can not be blamed for simple errors or omissions that may have remained despite all the precautions taken in the description of the products. It is recalled that a friendly agreement will always be preferred.
Claims or disputes will always be received with kindness, good faith is always presumed to person who takes time to report his situation. In case of dispute, the customer will first contact Amandine Maréchal, director of Yanka, to find an amicable solution. Otherwise Le Tribunal de Commerce de Romans-sur-Isère is the only competent, regardless the place of delivery and the payment's method accepted, notwithstanding plurality of defendants or call in guarantee.
Article 10 - Intellectual Property
All elements of the website "www.yanka-by-amanda.com" are and remain the intellectual and exclusive property of Amandine Maréchal- "YANKA". Nobody is authorized to reproduce, exploit, rebroadcast, or use for any purpose, even partially, elements of the website such as software, visuals, product pictures, drawings, paintings, sound...
Article 11 - Legal Information
The need of collecting personal information for distance selling is mandatory, these informations are essential for the processing and delivery of orders, the establishment of invoices and guarantees. The lack of information leads to the invalidity of the order. In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The customer has a right to access, modify, rectify and delete data concerning him, which he can practice before Yanka company
26 rue de l'Armellerie