Terms and conditions ARICOMAGIC SAS

ARTICLE 1 – SCOPE OF APPLICATION OF THE General Terms and Conditions of Sale (GTCS)

DEFINITIONS

The terms and expressions used in these general terms of sale with a capital letter shall have the following meaning:

  • “ARICOMAGIC” refers to the company ARICOMAGIC SAS with a share capital of €7,500, more fully described above.
  • “Customer” refers to any person wishing to purchase the Products supplied by ARICOMAGIC, whether a professional or a private individual. Customers include, in particular, distributors purchasing Products for resale to an end customer. The Customer may also be referred to as “the buyer”.
  • “Order” refers to the order of Products placed by the Client and materialized by its final confirmation on the Internet Site addressed to ARICOMAGIC.
  • “Customer Account” refers to the account created by a Customer in order to order Products offered by ARICOMAGIC.
  • “General Conditions” refers to the present general sales conditions applicable to the relationship between ARICOMAGIC and a Client.
  • “Special Conditions” refers to the special conditions concluded between ARICOMAGIC and the client and whose purpose is to complete the General Conditions, specifying in particular the nature, characteristics and quantity of the Products supplied to the client and their delivery terms. The Special Conditions shall take the form of the Order confirmation issued from the ARICOMAGIC website at the time of an Order by the Client.
  • “Contract” means both the Special Conditions and the General Conditions. It is specified that the conclusion of the Contract is materialized by the final confirmation of the Order by the Customer.
  • “Parties” means both ARICOMAGIC and the Client.
    “Internet Site” refers to the ARICOMAGIC Internet site hosted at the following Internet address: https://aricomagic.fr
  • “VAT” refers to the value added tax.
  • “Product(s)” refers to the food or non-food products sold by ARICOMAGIC to the Client through the Internet Site.

ARTICLE 2 – SCOPE OF THE GTCS

Definition of the terms of sale, rights and obligations of the parties on the aricomagic.fr site by SAS ARICOMAGIC (the seller). By placing an order on this site, the purchaser, whether an individual or a legal entity, declares that he/she has read and accepts these general conditions of sale.

The buyer acknowledges that he/she is aware of the applicable provisions of the Civil Code, according to which the validation of the order form as specified in Article 3 constitutes an electronic signature which has the same value between the parties as a handwritten signature.

ARICOMAGIC SAS is registered in the Draguignan Trade and Companies Register under number 904 027 000. Its intra-community VAT number is FR 69 904 027 000.

The company’s registered office is located at 1112 Chemin de Saint-Esprit 83300 DRAGUIGNAN – Email : contact@aricomagic.fr

No document may prevail over these General Terms and Conditions of Sale without written permission from SAS ARICOMAGIC.

SAS ARICOMAGIC reserves the right to modify the present General Terms and Conditions of Sale. The latest conditions published online will be applicable, with the exception of modifications that may occur after an order has been placed.

ARTICLE 3 – PRODUCTS

The products offered are those listed on the aricomagic.fr website within the limits of available stocks. In the event that a product is not available following an order, ARICOMAGIC undertakes to contact the purchaser in order to agree on a refund or substitution solution as soon as possible.

SAS ARICOMAGIC reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, composition, etc.) in accordance with the legislation and regulations in force. The photographs are provided for information purposes only and are not binding on the Seller.

The applicable prices are indicated on the aricomagic.fr website at the time of the order. Prices are indicated in euros and include all taxes. They are subject to the French Value Added Tax (VAT) applicable on the day of the order.

Depending on the provisions made by ARICOMAGIC for each product, the buyer is clearly informed if delivery charges will be invoiced in addition to the price of the products. In this case, they will appear distinctly on the order summary and in the confirmation e-mail. The prices may be modified at any time, however, the entry into force of these modifications will not affect orders previously placed.

ARTICLE 4 – ORDERS & PAYMENT CONDITIONS 

To place an order, the buyer will be invited to create an account on the aricomagic.fr website. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile…), will have to identify himself using this information.

To create a Customer Account accessible on the Website, as well as to order a Product, the Customer must imperatively provide accurate and complete information, the spelling of which contains no error.

In any case, by confirming the order, the Client confirms the accuracy and completeness of the information provided and authorizes and guarantees its use by ARICOMAGIC in the execution of the Order.

ARICOMAGIC shall not be held liable in this respect and no claim and/or demand for compensation shall be admissible for an event that is due to an error or omission on the part of the Client.

Furthermore, the Customer is solely responsible for any use that may be made of his/her login and password enabling him/her to access his/her Customer Account, and is the sole guarantor of their confidentiality, as well as of any use of said account.

In the event of a change in the information concerning the Customer or which may affect the use of the Customer Account, including a change of password, the Customer must proceed with the modification of the said information by identifying himself and connecting directly to his Customer Account.

Access to the Customer Account by any Customer is reserved for strictly personal use.

In the event of loss, misappropriation or fraudulent use of the login and password, the Client undertakes to immediately notify ARICOMAGIC by using the contact e-mail address on the Website.

ARICOMAGIC offers the buyer to order and pay for its products exclusively in Euros. The payment will be made in several steps, with 2 payment options to choose from:

  • Price

The price corresponding to the Products is the one stipulated in the Order.

Prices are in Euros, exclusive of VAT and delivery costs.

The VAT applicable on the day of the Order is added to the price of each Product ordered.

  • Terms of payment

Unless otherwise stipulated at the time of the Order, the price of the Products shall be paid in full in euros (€) at the time of the Order, either :

  • On-line by means of a secure payment made on an external banking site to which the Customer is automatically redirected from the Website;

The said payment shall be made by means of a valid credit or debit card bearing such as Visa or Mastercard.

When paying for the Order on the outsourced banking site, the Client must therefore mention his/her bank card number and the card’s validity date, which will be debited when the payment is confirmed.

ARICOMAGIC shall not be obliged to deliver the Products ordered by the Client in the event that the payment is not made or is refused by the Client’s bank. In such a case, the Order shall not be executed and, in the absence of payment by the Client within TEN (10) days, ARICOMAGIC may unilaterally terminate the Contract.

In order to avoid any risk of fraudulent payment, ARICOMAGIC reserves the right to request any supporting document that it deems necessary to verify the identity of the Client.

  • Payments made by the Client will only be considered as final once ARICOMAGIC has effectively collected the sums due.

Payment by credit card (CB, Visa, Mastercard, American Express). The buyer’s bank account is debited at the time of the order. In order to proceed with the payment due, the purchaser must provide his/her bank card number, the expiry date of the card and, if applicable, the visual cryptogram. The buyer’s bank details are requested for each order. In addition, the payment may be validated after entering a 3D Secure code provided by the bank of the buyer holding the bank card and communicated by SMS.

The buyer guarantees ARICOMAGIC that he/she has the necessary authorizations to use the payment instrument chosen at the time of validation of the order. ARICOMAGIC uses a payment service provider and does not have access to confidential information relating to the buyer’s payment method.

The confirmation of the order is initiated by ARICOMAGIC. It implies acceptance of these terms and conditions of sale, the recognition of having perfect knowledge of them and the renunciation of the right to invoke one’s own conditions of purchase. All data provided and the recorded confirmation will be considered as proof of the transaction. ARICOMAGIC will communicate by e-mail the confirmation of the registration of the order.

As of the date of the Order, no modification at the request of the Client may be taken into account by ARICOMAGIC, except with the prior written agreement of the latter.

Furthermore, no cancellation may be requested by the Client once the Order has been placed, unless the Client exercises his/her right of withdrawal under the conditions set out below.

ARTICLE 5 – DELIVERY & RECEIPT 

The delivery time and transport conditions applicable to the Products are specified at the time of the Order.

Products are only delivered within EU, continental Europe and UK.

With regard to the delivery time, it is specified that due to the nature of the Products, and in order to respect the cold chain, only an Order registered by ARICOMAGIC between Monday morning and Thursday morning (excluding public holidays and holiday periods) will be delivered in the same week. Consequently, any Order placed after 12:00 noon on Thursday will be delivered during the following week.

ARICOMAGIC undertakes to use its best efforts to meet the delivery deadlines, subject to the exceptions listed below.

In addition, it is specified that the delivery costs are calculated according to the place of delivery of the Products, the quantity and the weight of the Products ordered. These are clearly mentioned before the validation of any order.

The receipt of any Product by the Customer entails the transfer of the risks and ownership thereof.

When the Customer takes physical possession of the Products, he/she must therefore check that the quantity of Products delivered and their type correspond to the Order.

The Customer must check the condition of the packaging and the contents of the goods upon delivery in the presence of the employee of La Poste or the delivery person.

In the event of missing Products, loss or damage, the Customer must make all reservations upon receipt, with the carrier and on the delivery slip.

The Client shall confirm the reservations made in writing (e-mail or letter) to ARICOMAGIC without delay after receiving the Products. In the event of a claim for damage, the claim must be accompanied by a photograph.

After this period, the Products delivered shall be deemed to be in conformity and free of all defects.

In the event of an apparent defect or non-conformity noted by the Client on the day of delivery, ARICOMAGIC shall proceed as soon as possible either to take back the Products, or to reimburse them or, insofar as possible depending on available stocks, to replace them. Any costs incurred in this regard shall not be borne by ARICOMAGIC.

The delivery is declared carried out and materialized by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the parcel appears to have been delivered, the carrier’s computer system being the proof.

Any suspicious delay in delivery must be reported in writing as soon as possible by the purchaser to contact@aricomagic.fr. ARICOMAGIC will carry out an investigation with the carrier. As of the exercise of the right of denunciation, or of the conclusions of the investigation carried out confirming the loss of the parcel, ARICOMAGIC will carry out a refunding on the bank account debited at the time of the order, within a maximum of fourteen (14) days as of the reception of the denunciation, with the exclusion of any other compensation, or will reforward the products with their expenses according to the will of the purchaser.

The delivery time of the Order being communicated only as an indication, it may be modified by ARICOMAGIC in particular in case of force majeure, such as in case of temporary unavailability of the Products or delay of the carrier.

ARICOMAGIC may suspend or terminate the performance of its obligations in the event of circumstances falling within the scope of force majeure, as this notion is defined and interpreted by French law and courts.

ARICOMAGIC shall not be held liable in the event of non-performance or improper performance of its obligations, which is due either to the act of a third party or to a case of force majeure.

In the event of a change in the delivery time, ARICOMAGIC shall inform the client as soon as it is aware of the change and shall propose a new delivery time.

However, in the event of force majeure making the execution of the Contract definitively impossible, such as in the event of the definitive unavailability of Products that cannot be substituted or the refusal of delivery by the carrier, the Client may request the cancellation of the Contract in writing, if the Products have not been delivered within fifteen (15) clear days of the new delivery deadline. The Customer will then be reimbursed for the price already paid, within seven (7) clear days from the date of termination of the Contract.

In any event, the customer expressly waives the right to claim any damages from ARICOMAGIC in this respect.

ARICOMAGIC shall not be liable for any delay in delivery due to a situation that is not directly attributable to ARICOMAGIC or due to the unavailability of the Customer after several attempts to make an appointment to deliver the Order.

ARTICLE 6 – BUYER’S RIGHT OF WITHDRAWAL

The buyer has a withdrawal period of fourteen (14) clear days, from the date of receipt of the order, to return the items, provided that the said items are returned intact, in their original packaging, unopened. Any return costs are to be borne by the purchaser. The latter shall also inform ARICOMAGIC of the return and communicate the tracking number of the package. The refund procedure will be carried out within a maximum of fourteen (14) calendar days.

Any product returned incomplete, damaged, used, washed, damaged, deteriorated, soiled or consumed, even partially, will not be refunded. Similarly, the buyer may be held liable for any depreciation of the products resulting from handling other than that necessary to establish the nature, essential characteristics and proper functioning of the products. Finally, in accordance with article L.121-21-8 of the French Consumer Code, the buyer may not exercise the right of withdrawal for :

  • products which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly; as with all fresh products.
  • Products that have been unsealed by the buyer after delivery and Products that cannot be returned for reasons of hygiene or health protection.

ARTICLE 7 – LEGAL GUARANTEES

All products on sale on aricomagic.fr benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the French Civil Code), allowing the buyer to return defective or non-compliant products free of charge.

Article L.217-4 of the French Consumer Code states that “the seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility”. Article L217-5 of the Consumer Code states that: “The goods conform to the contract: 1°. If it is fit for the purpose usually expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling 2°. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L217-12 of the Consumer Code states that “the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.

Article 1641 of the Civil Code states that “the seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them”. Article 1648 of the Civil Code states that “the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity”. 6.3. Exclusion of guarantees Products modified, repaired, integrated or added by the Customer are excluded from the guarantee. The guarantee shall not apply to apparent defects. The guarantee will not cover products damaged during transport or due to misuse.

  • Liability of ARICOMAGIC

ARICOMAGIC’s liability shall be limited to proven fault or negligence and shall be limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.

In any event, ARICOMAGIC’s liability shall be limited to the total amount paid by the Customer for the Order, excluding taxes.

  • Exclusion of liability of ARICOMAGIC

ARICOMAGIC shall not be liable for any direct or indirect damage to property or persons suffered by the customer or a third party and resulting from the following cases

  • Negligence or fault committed by the Customer or a third party;
  • Any use in conditions that are clearly not in conformity with the use of the Products.

Special case of resellers and distributors:

If the customer of ARICOMAGIC resells the Products to third parties, in particular as a reseller or distributor, the customer is obliged to subject the resale of the Products to the General Terms and Conditions and, in particular, to the stipulations limiting or excluding the warranty or liability of ARICOMAGIC. In the event of a breach of this obligation, the customer shall be obliged to compensate ARICOMAGIC for any damage that the latter may suffer in this respect.

ARTICLE 8 – COMMERCIAL GUARANTEES

The receipt of any Product by the Client entails the transfer of the risks and ownership thereof.

When the Client takes physical possession of the Products, it must therefore verify that the quantity of Products delivered and their type correspond to the Order.

The Customer must check the condition of the packaging and the contents of the goods upon delivery in the presence of the employee of La Poste or the delivery person.

In the event of missing Products, loss or damage, the Customer must make all reservations upon receipt, with the carrier and on the delivery slip.

The Client shall confirm the reservations made in writing (e-mail or letter) to ARICOMAGIC without delay after receiving the Products. In the event of a claim for damage, the claim must be accompanied by a photograph.

After this period, the Products delivered shall be deemed to be in conformity and free of all defects.

In the event of an apparent defect or non-conformity noted by the Client on the day of delivery, ARICOMAGIC shall proceed as soon as possible either to take back the Products, or to reimburse them or, insofar as possible depending on available stocks, to replace them. Any costs incurred in this regard shall not be borne by ARICOMAGIC.

ARTICLE 9 – RESPONSIBILITY OF ARICOMAGIC

ARICOMAGIC shall not be held liable for any inconvenience or damage inherent to the use of the Internet, in particular a break in service, the occurrence of bugs, external intrusion or the presence of computer viruses. Without prejudice to the provisions of the preceding paragraphs, the liability of ARICOMAGIC, under the terms of the present General Terms of Sale, shall not be engaged, in any event jointly and severally, and shall not exceed a sum equal to the sums paid or payable at the time of the transaction at the origin of the said liability for ARICOMAGIC products as far as ARICOMAGIC is concerned, whatever the cause or form of the action concerned.

ARTICLE 10 – INTELLECTUAL PROPERTY & PERSONAL DATA

In accordance with the laws governing intellectual property rights or other similar rights, aricomagic.fr and all the elements, trademarks, designs, models, photographs, texts, illustrations, logos, animated sequences or not, sound or not, graphics etc. found on aricomagic.fr as well as their compilation is respectively the exclusive property of ARICOMAGIC, the latter not granting any license or any other right to the customer than that of consulting the site. The reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Neither the site, in whole or in part, nor its contents may be used, reproduced, duplicated, copied, transferred, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without the prior written consent of ARICOMAGIC. Any other use constitutes an infringement.

The purposes, recipients and conditions under which ARICOMAGIC collects and processes personal data are presented in the “Personal Data and Cookies Charter” of the Site. ARICOMAGIC has implemented security measures to protect the personal information you provide from unauthorized access and use. All financial information you provide is stored in the secure site of the financial institution chosen by ARICOMAGIC. Transactions on lescaveurs.com are protected by encryption. Please be aware, however, that no data transmission over the Internet is 100% secure and that any information provided online can potentially be intercepted and used by persons other than the intended recipient. All personal data is subject to the provisions of French law n° 78-17 of 6 January 1978, as amended. As such, you have the right to access and rectify or delete data concerning you processed by ARICOMAGIC, as well as the right to object to the processing of such data for the purposes of direct commercial prospecting, by contacting our customer service department, by e-mail, at the address contact@aricomagic.fr. If necessary, you must provide ARICOMAGIC with updates or changes to your personal information, including in particular your postal and/or e-mail address, to enable us to send your orders to the correct address and to contact you about it if necessary.

ARTICLE 11 – FORCE MAJEURE

ARICOMAGIC shall not be held responsible for the total or partial non-performance of their obligations, if such non-performance is due to a fortuitous event or to the occurrence of an element constituting force majeure such as, in particular, and without this list being restrictive, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lock-out, these different elements being assessed in relation to the applicable case law. ARICOMAGIC having been affected by such events shall inform the Client as soon as possible and at the latest within five (5) working days of the occurrence of such event. The client and ARICOMAGIC agree, in such a case, to consult each other as soon as possible in order to determine together the modalities for the execution of the order during the period of the force majeure event.

ARTICLE 12 – PARTIAL NON-VALIDATION

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope. The nullity of a contractual clause does not entail the nullity of the Contract, with the exception of an impulsive and determining clause that led one of the Parties to enter into the Contract.

ARTICLE 13 – NON-WAIVER

The fact that one of the parties to these General Terms and Conditions of Sale has not demanded the application of any clause, whether permanently or temporarily, shall in no case be considered as a waiver of the rights of that party arising from the said clause.

ARTICLE 14 – COMPLETENESS OF THE CONTRACT

These General Terms and Conditions of Sale, the General Terms and Conditions of Use and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the parties. In general, it is expressly agreed between ARICOMAGIC and the Buyer that e-mails will be considered as proof between them, as well as the automatic recording systems used on the site, particularly as to the nature and date of the order. The Buyer may access, if necessary in accordance with the rules of common law, the electronic contract concluded between ARICOMAGIC and him/her. To do so, the purchaser shall contact the customer service department by e-mail, to which he/she shall provide all the information necessary to do so, in particular the order number and his/her contact details.

ARTICLE 15 – CUSTOMER SERVICE 

For any information, complaint or question relating to these General Terms and Conditions of Sale or to the Products themselves, the Customer should contact Customer Services by e-mail: contact@aricomagic.fr

ARTICLE 16 – APPLICABLE LAW – DISPUTES

The law applicable to these General Terms and Conditions of Sale and related orders is French law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods. Subject to the provisions of the French Code of Civil Procedure to the contrary, any dispute that may arise concerning the validity, interpretation or execution of these General Terms and Conditions of Sale and which has not been settled amicably by the parties hereto shall be submitted to the court of Draguignan, France, notwithstanding the plurality of parties, summary proceedings or expert opinion.