"Customer(s)" refers to the Internet user(s) browsing the Site and making online purchases of the product(s) for their personal use.
“General Terms & Conditions of Sale” refer to these general terms & conditions of sale of the products on the site.
"ANNAYAKE" refers to ANNAYAKE S.a.r.l, 12-14 Rond-Point des Champs Elysées 75008 Paris, owner of the ANNAYAKE brand and manufacturer of the ANNAYAKE products sold on the site.
“Party(ies)” refers alternatively collectively ANNAYAKE S.a.r.l and/or the Customer(s).
“Products" refers to the perfumery and cosmetic products offered for sale on the site 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.
The publication director is Mr Gian Luca 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
The site is hosted by Server Plan S.r.l. whose registered office is located Via G. Leopardi, 22 - 03043, Cassino (FR) - ITALY.
2. Purpose – Scope of the General Terms & Conditions of Sale
The purpose of these General Terms & Conditions of Sale is to set down the terms and conditions for the online sale of the Products on the Site to the customers, as well as the rights and obligations of the parties arising out of the online sale of these Products. They determine all the steps required to place an order and track this order between the parties. By placing an order for a product on the site, the Customer acknowledges that he/she has read the General Terms & Conditions of Sale and has accepted them without restriction, this acceptance in no way requiring a handwritten signature by the Customer.
The Customer’s browsing on the site is also governed by the site usage conditions, which the Customer accepts without reservation.
It is specified that the Customer may save or print out these General Terms & Conditions of Sale, provided that he/she does not modify them. ANNAYAKE reserves the right to update these General Terms & Conditions of Sale at any time. These General Terms & Conditions of Sale apply to all online sales made on the site to the exclusion of any other documents, and in particular the conditions applicable to in-store sales or sales through any other distribution or marketing channels.
3.1 - Description of the products
The products offered for sale are those on the site, on the day the Customer visits the site and are subject to availability. The greatest care is taken in presenting the products on the site in order to meet the requirements of Article L.111-1 of the Consumer Code. Nevertheless, the photographs illustrating the products are indicative only and are not contractually binding. Indeed, while every effort is made to ensure that the colors of the products, whose photos are shown on the site, are faithful to the original products, variations may occur; in particular, due to technical limitations in the color renditions on an electronic device. Therefore, ANNAYAKE cannot be held liable for errors or inaccuracies in the photographs or graphic representations of the products presented on the site.
3.2 - Product availability
Products are available while stocks last. No guarantee of availability is provided for the products presented on the site. In the event of one of the products becoming unavailable, the Customer will be informed as soon as possible by email that a partial delivery will be performed or that the order has been canceled.
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 take into account the VAT applicable on the day of the order but do not include the packing and delivery costs which will be billed extra and will be specified to the Customer at the time of the final validation of his/her 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 price charged to the Customer is the price indicated on the order confirmation sent by email by the Site.
ANNAYAKE reserves the right, which the Customer accepts, to change its prices at any time, without any formality other than to make the changes on the Site. However, these changes will not affect orders accepted by the Site prior to the effective date of these changes, subject to the availability of the ordered Products.
5. RETENTION OF TITLE
Ownership of the products is transferred to the Customer only after full payment of the price. However, on the effective date of delivery, the risks (in particular risks of loss, theft or deterioration) concerning the Products delivered are borne by the Customer.
6. ORDER PROCEDURES
6.1 - Browsing on the Site
The Customer can learn about the different Products offered for sale on the site. The Customer can freely browse through the different pages of the Site, without being obliged to place an order.
6.2 - Registration of the 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”.
6.3 – 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.
6.4 - 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.
6.5 - Confirmation of the order
The sale will be considered as final only after an email confirming acceptance of the order by the Site has been sent to the Customer.
Unless the server is down, the Customer will be able to pay for his/her order by credit card (Carte Bleue, Visa, Mastercard and American Express only) after he/she has definitively validated it on the Site. 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).
Payment by check is not accepted.
ANNAYAKE reserves the right to refuse any order or delivery if the limits set out in Article 6.2 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 is prompted to print out the order summary. The order data will be recorded and stored in the computer systems of ANNAYAKE, the Site 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.
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).
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 delivery anomalies (damaged packages, items on the Site invoice that are missing, delivery delay, etc.) must be set down as reservations on the delivery receipt presented by the carrier. The Customer will also need to report it by email to email@example.com 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 Article L.121-20 of the Consumer Code, the Customer has seven (7) clear days to cancel his/her order and return the products ordered at his/her own expense if said Products are not to his/her satisfaction. This 7-day period starts from the time the order is delivered.
However, in accordance with the provisions of Article L.121-20-2 of the Consumer Code, this right of withdrawal does not apply to Products made to the Customer's specifications or substantially personalized.
The Product(s) must be returned in its (their) original unopened packaging, in line with 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 Site will refund to the Customer all sums paid in connection with the order for the Products returned, excluding return costs, and this within thirty (30) days from the date on which the Customer’s right of withdrawal was exercised in accordance with Article L.121-20-1 of the Consumer Code.
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.
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. In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, 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). The Customer has the right to access, modify, rectify and delete the data concerning him/her. To exercise this right, the Customer must send an email to firstname.lastname@example.org.
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 email@example.com.
12. ACTS OF GOD
ANNAYAKE shall not be liable for the total or partial failure to perform its obligations, if such failure is due to a fortuitous event or the occurrence of an Act of God such as, 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 to the Products sold on the Site are and remain the exclusive property of ANNAYAKE. All exploitation rights are reserved exclusively for ANNAYAKE. Therefore, no person is authorized to reproduce, exploit, disseminate or use the said intellectual property rights in any way, even partially, without ANNAYAKE's prior written agreement. ANNAYAKE’s trademarks and logos are registered trademarks. Any reproduction, therefore, constitutes an infringement.
14. FREE PRODUCTS AND SERVICES
Samples: The Customer will receive free samples for all orders while stocks last.
The site may be required to install a "cookie" (alphanumeric identifier) on the hard drive of the Internet user’s computer, for the sole purpose of being able to recognize the user in subsequent visits to the Site. It is recalled that the Internet user can oppose "cookies" being placed on his/her hard drive by configuring his/her Internet browser along these lines. 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 the said browser software.
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. APPLICABLE LAW – 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.