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INTRODUCTION
In accordance with the provisions of the French Consumer Code and Law no. 2004–575 dated June 21, 2004 on Confidence in the Digital Economy, known as the L.C.E.N., the users and Customers of the www.annayake.com website are hereby informed of these General Conditions of Sale and Use, as well as the legal disclaimer as detailed below.
All purchases by a Customer on the www.annayake.com website automatically imply full acceptance of all the General Conditions of Sale.
The publication director is Mrs Raffaella GIRAUDI, Manager of ANNAYAKE SARL.
www.annayake.com is published by Annayake SARL with registered capital of €300,000 and whose registered office is located at 49 avenue Montaigne, 75008 Paris, registered with the Trade and Companies Register of Paris under the number 338 452 741 acting in the name and on behalf of its brand ANNAYAKE.
EU VAT No.: FR653338452741
Contact: contact@annayake.fr
Phone : (+33) 01 44 35 72 95
The site is hosted by Server Plan S.r.l. whose registered office is located Via G. Leopardi, 22 - 03043, Cassino (FR) - ITALY.
1. DEFINITIONS
“Customer(s)" refers to the User(s) browsing the website and making online purchases of the product(s) for their personal use.
“General Conditions of Sale” refer to these general of sale of the Products on the website.
“ANNAYAKE" refers to a limited liability company named ANNAYAKE S.a.r.l, located at 12-14 Rond-Point des Champs Elysées, 75008 Paris, which owns the ANNAYAKE brand and manufactures the ANNAYAKE products sold on the website.
“Party/Parties” refers to ANNAYAKE or the Customer individually or the Customer and ANNAYAKE jointly.
“Product(s)" refers to the perfumery and cosmetic products offered for sale on the website under the conditions of Article 3 below.
“Site" refers to the e-commerce website accessible on the internet at www.annayake.com offering ANNAYAKE brand products for sale.
“User(s)” means any individual or legal entity that accesses and browses the Website, regardless of whether or not they are a Customer.
2. PURPOSE and SCOPE of the General Conditions of Sale
The purpose of these General Conditions of Sale is to establish the conditions for the online sale of the Products on the Website to the Customers, as well as the Parties’ rights and obligations resulting from the online sale of these Products.
They indicate all the steps required to place an order and track it between the Parties. By placing an order for a product on the website, the customer acknowledges that they have read the General Conditions of Sale and fully accept them. Their acceptance shall by no means require a handwritten signature by the Customer. The Customer's use of the website is also governed by the Website's General Conditions of Use which they fully accept. It is specified that the Customer may save or print out these General Conditions of Sale provided that they do not modify them.
The Customer agrees to read the General Conditions of Sale carefully and to accept them before proceeding to pay for any order placed on the Website. Customers are advised to read the General Conditions of Sale each time they place an order, as they are subject to change at any time at ANNAYAKE's discretion.
ANNAYAKE reserves the right to update the General Conditions and Conditions of Sale at any time, especially in response to changes in the law, regulations, or case law. In the event of a change to the General Conditions of Sale, the applicable General Conditions of Sale shall be those in effect on the date the order is placed.
By checking the box to accept the General Conditions of Sale before placing an order, the Customer acknowledges that they have read and understood the General Conditions of Sale fully and without limitation, reservation, or condition.
The General Conditions of Sale apply to all online sales made on the Website and exclude any other document, especially the conditions applicable to in-store sales or sales through other distribution and marketing channels.
3. PRODUCTS
3.1 - Description of the products
The Products for sale are those shown on the Website on the date the User or Customer visits it, while supplies last.
The greatest care is taken when presenting and describing the Products on the Website in order to comply with the requirements of Article L.111-1 of the French Consumer Code. Nevertheless, the photographs illustrating the products are indicative only and are not contractually binding. While every effort is made to ensure that the colors of the products shown in the photos on the Website are accurate, variations may occur, primarily due to the technical limitations of color rendering on computer equipment. Therefore, ANNAYAKE cannot be held liable for any errors or inaccuracies in the photos or graphic representations of the Products shown on the Website.
3.2 - Product availability
Products are available while supplies last. No guarantee of availability is provided for the Products shown on the Website.
If one of the Products is unavailable, the Customer will be notified as soon as possible by email that a partial delivery will be made or that the order has been canceled.
ANNAYAKE reserves the right to modify the Product list and the Product ranges shown on the Website at any time.
4. PRICE
Product prices are firm. They are shown in euros. The current price is that indicated on the Site, unless there is a typographical error.
These prices include all taxes, including VAT that is applicable on the date the order is placed but do not include the packing and shipping costs which will be billed in addition and will be specified to the Customer upon final validation of the order.
The amount of shipping costs is calculated based on the requested delivery time and according to the terms set by the carrier chosen on the Site.
The prices the Customer will be charged are those shown on the Website when the Customer places the order.
ANNAYAKE reserves the right, which the Customer accepts, to change its prices at any time, without prior notice or any formality other than making the changes on the Website. However, these changes will not affect orders accepted by the Website before they took effect, subject to the availability of the Products ordered.
5. TRANSFER OF OWNERSHIP and TRANSFER OF RISKS
ANNAYAKE shall retain ownership of the Product(s) ordered until the price has been paid in full. Ownership of the Product(s) shall be transferred to the Customer after payment in full.
However, the Customer shall assume all of the risks (including loss, theft, and damage) relating to the Product(s) on the actual delivery date. The Customer becomes fully liable for the items as soon as delivery is made and the transfer of possession includes the transfer of risks of loss and damage.
6. ORDER PROCEDURES
6.1 - Browsing on the Site
The Customer may view the various Products for sale on the Website. The Customer can freely browse through the different pages of the Site, without being obliged to place an order. The Customer or User therefore has no obligation to make a purchase on the Website when browsing.
6.2 – Creating a Customer Account
The creation of a personal account by the Customer on the Website is optional to place an order. If the Customer does not want to create an account, they can order as a guest.
However, regardless of whether or not the Customer creates an account, certain personal data is required for ANNAYAKE to be able to fulfill the order properly which the Customer acknowledges and accepts. The Customer is then required to provide true, complete, up-to-date, accurate information and ANNAYAKE cannot be held liable if it is incorrect or incomplete.
Creating an account will enable the Customer to track the history of their orders placed on the Website and find the related invoices. It will also save them time on their next order.
It is specified that the Products are intended for personal use by the Customer, without any direct connection to the Customer’s professional activities. In this regard, the Customer's attention is drawn in particular to the fact that he/she may not order more than (5) Products having the same reference per month and within a limit of 500 euros.
In the event of an order exceeding the above amount and/or the above quantity, the order will be considered void. If the Customer wishes to place an order, he/she will choose the different products of interest to them and will express that interest by clicking on the button “Add to cart”. After filling the shopping cart with the selected products and desired quantities, the Customer must then click on the “Order” button. Then they will provide the required information for delivery (delivery and billing addresses) and payment method.
6.4 – Shipping territory eligible for an order
The Customer will be able to place orders for products from France for shipment all over Europe according to the delivery conditions stipulated in the https://annayake.com/en/info/1-shipping-and-returns.
6.5 - Definitive validation of the order
The Customer must check the box opposite the message "By checking this box, I acknowledge that I have read and accepted the General Terms & Conditions of Sale" to definitively validate their order before moving on to choose the payment method on the same page.
The sale shall only be deemed final after the Customer has paid and an email confirmation is received accepting the order.
ANNAYAKE will send an invoice to the Customer by email to the address provided when placing the order. The Customer is advised to keep this invoice.
7. PAYMENT
Unless the server is unavailable, the Customer may pay for their order after final validation via the secure payment platform Sogecommerce, by Bank Card (Carte Bleue, Visa, Mastercard, and American Express only), by PayPal or, when the total amount of the order is between €150 and €3,000, by split payment via ONEY.
Payment by check is not accepted.
ANNAYAKE reserves the right to refuse any order or delivery if the limits set out in Article 6.3 are exceeded, if the Customer is in litigation with the Site, in the event of non-payment in whole or in part of a previous order by the Customer or refusal by the Customer's bank to authorize payment by credit card.
The Customer states that he/she has the necessary authorizations to use the payment method chosen when validating the order. If the Customer's bank refuses payment, the order will be automatically canceled and the Customer will be notified by email.
The Customer can print out or save the order summary electronically. The order data will be saved and stored in the computer systems of ANNAYAKE, the Website operator, and its partner bank. The information records of these companies will be considered as proof of all transactions between the Parties on the Site. The order data is archived on a reliable and durable medium which can be produced as evidence.
• For payments via Sogecommerce (credit card)
The Customer will enter their card number, the card expiry date, the cardholder's name and the security code (the last three numbers on the back of the credit card).
The payment terms are specific to the Sogecommerce service provider platform and are independent of ANNAYAKE. ANNAYAKE does not intervene in any way in the use of this service provided by Sogecommerce. Consequently, the terms and conditions relating to payment via the Sogecommerce service provider are governed by Sogecommerce’s general conditions of use, available at the following address: https://entreprises.sg.fr/static/Entreprises/Medias/PDF/Conditions-Generales/CG_Sogecommerce_oct22.pdf
and which can be requested at contact@annayake.fr, which apply concurrently with these General Conditions of Sale.
Therefore, ANNAYAKE cannot be held liable for any malfunction that occurs on the payment platform of its partner Sogecommerce.
By accepting these General Conditions of Sale, the Customer also agrees to be bound by Sogecommerce’s general conditions of use which are available at the aforementioned address.
• For payments via PayPal
The payment terms are specific to the PayPal service provider platform and are independent of ANNAYAKE. ANNAYAKE does not intervene in any way in the use of this service provided by PayPal. Consequently, the terms and conditions relating to payment via PayPal are governed by PayPal’s general conditions of use, available at the following address: https://www.paypal.com/us/legalhub/useragreement-full
and which can be requested at contact@annayake.fr, which apply concurrently with these General Conditions of Sale.
Therefore, ANNAYAKE cannot be held liable for any malfunction that occurs on the payment platform of its partner PayPal.
By accepting these General Conditions of Sale, the Customer also agrees to be bound by PayPal’s general conditions of use which are available at the aforementioned address.
• For payments via ONEY
Payment via ONEY can be made in 3 or 4 installments free of charge. Payment in installments is possible when the total order amount is between €150 and €3,000.
The payment terms are specific to the ONEY service provider platform and are independent of ANNAYAKE. ANNAYAKE does not intervene in any way in the use of this service provided by ONEY. Consequently, the terms and conditions relating to payment via ONEY are governed by ONEY’s general conditions of use, available at the following address: https://www.oney.com/en/terms-and-conditions/
and which can be requested at contact@annayake.fr, which apply concurrently with these General Conditions of Sale.
Therefore, ANNAYAKE cannot be held liable for any malfunction that occurs on the payment platform of its partner ONEY.
By accepting these General Conditions of Sale, the Customer also agrees to be bound by ONEY’s general conditions of use which are available at the aforementioned address.
8. DELIVERIES
Under normal conditions, the seller will process the order as soon as possible from Monday to Friday, excluding holidays. The products will be delivered by Colissimo. The delivery time is 1 to 4 business days (up to 7 days during holiday periods), but these times are for informational purposes only and ANNAYAKE cannot be held liable for longer actual delivery times. Therefore, any delays in delivery shall not entitle the Customer to cancel the order, refuse the Product(s), or claim damages.
The Customer will not be entitled to any compensation in the event of the shipping provider exceeding the above delivery times.
Deliveries will not be made to any of the following address types:
- hotel or other accommodation provider
- general delivery address
- P.O. box
- a non-fixed address or residence (i.e., such as trailers, caravans, campsites and other non-fixed lodgings) or in a collective place where an individual address cannot be clearly and sustainably attributed to a natural or legal person.
The Customer must check the condition of the products at the time of delivery. Any discrepancies concerning the delivery (damaged Product(s), non-compliant Product(s), missing Product(s) in relation to the Website invoice) must be noted in writing on the carrier’s delivery receipt and signed by the Customer.
The Customer will also need to report it by email to contact@annayake.fr in order to improve the quality of service the Customer may be offered and to enable ANNAYAKE to investigate the situation with the carrier.
If the Customer has reported a missing product, an investigation with the carrier may take up to 21 business days. If the product is recovered during this time, it will be immediately sent to the delivery location indicated on the purchase order.
However, if the ordered product is not found after the 21-day investigation period, the Site will re-ship the missing products originally ordered by the Customer at its own expense. After a period of 7 days from the scheduled delivery date and if the Customer has not carried out these formalities, the Products will be deemed to be compliant and free of any apparent defects and no claims shall be accepted by the Site.
In the event of a non-conformity in a delivered product, the Customer may return it to ANNAYAKE by following the procedure described at https://annayake.com/en/info/1-shipping-and-returns. The Product must be returned in its original state, with the original labels and packaging and be accompanied by the delivery note. Otherwise, ANNAYAKE will not exchange or refund the defective product returned.
If ANNAYAKE deems that the return of the defective product is justified, ANNAYAKE will, at the Customer’s choice, or if the Customer has not made a choice, at ANNAYAKE’s choice, refund or exchange the defective product to the extent that the product is still available in the stock. No compensation will be due to the Customer. In no case may the return, exchange or refund be requested and/or made in the store.
With the exception of the provisions above, no product exchange is permitted.
It is specified that return costs are at the Site's expense in the event of the return decision being the result of an error by the Site. Return costs will be reimbursed based on the shipping charges scale for the parcel concerned.
9. RIGHT OF WITHDRAWAL
In accordance with the provisions of the French Consumer Code, the Customer has fourteen (14) calendar days in which to exercise their right to cancel the order and return the Product(s) at their own expense, if they are not to their satisfaction. This 7-day period starts from the time the order is delivered.
The Product(s) must be returned within the aforementioned fourteen (14) days in their unopened original packaging by following the procedure described at https://annayake.com/en/info/1-shipping-and-returns
Return costs are at the Customer's expense. The site does not accept packages with postage due.
The Customer is responsible for any risk associated with the return of the product(s).
If the above conditions are met, the Website will reimburse the Customer for all amounts paid for the returned Products, except for return shipping costs, within fourteen (14) days from the date ANNAYAKE was notified of the Customer's decision to exercise their right to withdraw.
In a premium sale, the Customer undertakes to return the premium to the Site with the returned product, otherwise the Site will charge the cost of the premium to the Customer.
10. LIABILITY RESTRICTIONS
ANNAYAKE is bound only by a best endeavors obligation. The Customer shall be the sole judge of how appropriate the items that he/she orders are and how suitable they are to his/her needs.
ANNAYAKE cannot be held liable in the event of the Products being used in a manner for which they were not intended.
ANNAYAKE shall not be held liable for (i) the loss, alteration or fraudulent access to the Customer's personal data, (ii) accidental transmission of viruses or other harmful items, resulting from Internet access or email transmissions.
ANNAYAKE does not warrant that the Site will be available at all times, that there will not be any temporary interruptions or suspensions or that the Site is free of errors.
Without limiting the scope of the other provisions of these General Terms & Conditions of Sale, ANNAYAKE’s liability may only be incurred in the event of a proven fault exclusively attributable to it. In any event, ANNAYAKE’s liability shall be limited to direct damages only.
ANNAYAKE reserves the right to suspend the operation of the site.
ANNAYAKE regularly updates the content of its Website so that Users and Customers have access to fair, clear, accurate, up-to-date information. Nevertheless, even though ANNAYAKE makes every effort to ensure the accuracy of the information provided on the Website, it is possible that certain information may need to be updated.
ANNAYAKE reserves the right to make changes to the Website without prior notice to the content of the Website, its presentation, or its technical configuration. ANNAYAKE also reserves the right to temporarily or permanently suspend access to the Website at any time.
11. PERSONAL INFORMATION
The Customer is obliged to provide personal information when making mail order purchases on the Site since this information is required to process and organize delivery of the orders and draw up the invoices. This information is strictly confidential. Failure to provide this information will result in the immediate rejection of the order. The processing of personal data gathered on the Site has been declared to CNIL, the French data protection supervisory authority, and registered under the filing number (process currently in progress). In accordance with the GDPR Regulation (European Personal Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27, 2016) and Law no. 78–17 dated January 6, 1978 on IT, files and freedoms, the Customer has the right to access, modify, rectify, and delete their personal data. To exercise this right, the Customer must send an email to contact@annayake.fr.
The Customer may receive emails from the Site with information on ANNAYAKE's Products and activities. The Customer has the right to refuse such communications, either by not giving his/her consent when creating his/her Customer account, or at any subsequent time on his/her account management pages on the Site, or by clicking on the unsubscribe link in the email in question or by indicating this decision in an email sent to contact@annayake.fr.
The Customer’s personal data is processed in accordance with ANNAYAKE’s Privacy Policy, which the Customer is invited to read and which is available on the Website.
12. ACTS OF GOD
ANNAYAKE shall not be liable for the total or partial failure to perform its obligations if that failure is due to a fortuitous event or the occurrence of an Act of God including but not limited to a flood, fire, storm, shortage of raw materials, transport strike, partial or total strike or lock-out. These events constitute a cause for suspending and/or terminating ANNAYAKE's obligations to the Customer, without compensation being due to the Customer.
13. INTELLECTUAL PROPERTY
The intellectual property rights attached to the elements or contents of the Website such as trademarks, names, logos, images, visuals, texts, videos, domain names, and the Products sold on the Website, are and shall remain the exclusive property of ANNAYAKE. All exploitation rights are reserved exclusively for ANNAYAKE. Therefore, no one is authorized to reproduce, reuse, exploit, disseminate, or use the elements or content of the Website for any purpose whatsoever, even partially, without ANNAYAKE's prior written consent. ANNAYAKE’s trademarks and logos are registered trademarks. Any reproduction, therefore, constitutes an infringement.
14. FREE PRODUCTS AND SERVICES
Samples: The Customer may receive free samples with their order while supplies last.
15. COOKIES
The Website may be required to place a "cookie" (alphanumeric identifier) on the User’s hard drive for the sole purpose of recognizing the User when they visit the Website again. Users are reminded that they may prevent cookies from being placed on their hard drive by configuring their browser accordingly. For this purpose, Users are advised to consult their browser's user manual (the "Help" section in the browser toolbar) or to obtain any useful information required from the vendor of said browser software.
For more details on cookies, Customers can refer to ANNAYAKE’s Cookie Policy which is available on its Website.
16. ENTIRE CONTRACT
The General Terms & Conditions of Sale, the general conditions of use and the order summary sent to the Customer form a contractual package and constitute the entirety of the contractual relations between the Parties.
17. GOVERNING LAW AND JURISDICTION – DISPUTES
These General Terms & Conditions of Sale and the contractual relations between the Parties are governed by French law. Competence to rule on any dispute arising out of the application or interpretation of these General Terms & Conditions of Sale is solely attributed to the courts in the jurisdiction of Paris.
Pursuant to the French Code of Civil Procedure, the Customer must first contact ANNAYAKE's customer service department by email (contact@annayake.fr) or by mail at ANNAYAKE's registered address in an attempt to resolve the dispute amicably before bringing the matter before the court with jurisdiction.