ASTROM General terms and conditions for online sales
PREAMBLE
ASTROM, a simplified joint stock company with a capital of €5,000, whose registered office is located at 6, rue de Paradis, 75010 Paris – FRANCE, registered with the Paris Trade and Companies Register under number 981 661 077 – email: e-boutique@astromparis.com, intra-community VAT number: FR 96 981 661 077 (hereinafter ‘ASTROM’), designs and markets jewellery and fine jewellery items bearing the ASTROM brand (the ‘Brand’).
ASTROM has set up a distance selling system for a selection of items (hereinafter the ‘Items’) via its website accessible at the following address ‘www.astromparis.com’ (hereinafter the ‘Website’), from the catalogue of all ASTROM jewellery items featured on the Website.
The Items sold on the Website are intended for delivery only to the following territories: France (excluding PO boxes and overseas departments and territories), Germany, Austria, Belgium, Switzerland, Cyprus, Spain, Estonia, Finland, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Croatia, Slovakia, Slovenia, Switzerland, United Kingdom, United States, Canada, United Arab Emirates (hereinafter the ‘Territory’).
ARTICLE 1: SCOPE OF APPLICATION
These online general terms and conditions of sale (the “General Terms and Conditions of Sale”), hereinafter referred to as the “GTCS,” together with the “Legal Notices,” apply to all sales of Products concluded via the website astromparis.com with end customers who are natural or legal persons acting exclusively as consumers (hereinafter the “Customer(s)”) for their personal needs and not in direct connection with any commercial activity, excluding all resellers or intermediaries acting on behalf of resellers. Consequently, the Customer confirms that they are acting as the final consumer and that they do not intend to resell the Products for commercial purposes; they certify that they have the legal capacity to enter the commitments set out in the GTCS.
Any purchase of Products made on the Website implies the Customer’s full and unconditional acceptance of these General Terms and Conditions of Sale.
For this purpose, the Customer must tick the relevant box at the time of placing the order (hereinafter the “Order”) to acknowledge that they have read the General Terms and Conditions of Sale and accepted them without reservation; such acceptance is in no way dependent on the Customer providing a handwritten signature.
In accordance with the provisions of Article 1127-1 of the French Civil Code, these General Terms and Conditions of Sale may be retained by anyone visiting the Website, either by electronic storage or by printing.
ASTROM reserves the right to modify these General Terms and Conditions of Sale at any time. However, the Terms and Conditions applicable to the Order are those accepted by the Customer at the time the Order is placed. Any new version of the GTCS shall take effect immediately upon publication and shall govern all purchases made from that date.
ARTICLE 2: INFORMATION RELATING TO THE PRODUCTS
Information relating to all Products that may be sold through the Website, together with their references, is available in the ASTROM Paris–Vendôme–Saint-Honoré showroom apartment, as well as on the Website. However, it is specified that any description and information regarding the weight of precious materials and the number of stones and carats are provided for indicative purposes only and may vary slightly from one creation to another.
This information complies with the requirements set out in the applicable legal and regulatory provisions, in particular Articles L.111-1 and L.111-2 of the French Consumer Code.
Despite all the care taken by ASTROM in presenting its Products on the Website, ASTROM (astromparis.com) cannot guarantee that their actual appearance will exactly match their appearance on screen. Variations in shades (stones and metal) may occur in particular due to the technical limitations of colour rendering on computer equipment. ASTROM shall not be held liable for any non-material errors that may result therefrom.
ASTROM reserves the right to modify the list of Products offered for sale on its Website at any time, without prejudice to Orders already placed by the Customer.
Only Products featuring an “Add to cart” button are offered for sale through the Website.
For any questions relating to the Products and their use, as well as any additional questions or requests for advice, the Customer may contact the ASTROM team by reaching the customer service department using the contact details provided in the “Contact” section of the Website.
ARTICLE 3: CUSTOMIZATION
A customization service (for example, selecting a centre stone from among several options offered on the Website) may be offered to the Customer(s) on a selection of Products.
ARTICLE 4: ORDER PROCESS
Orders placed on the Website are subject to strict compliance with the procedures described below.
4.1 Selection of Products
The Customer selects, from among the Products available for sale on the Website, the Products and quantities they wish to purchase.
The Customer may add each selected Product to their cart by clicking the corresponding “Add to cart” button on the Product page. For bracelets, cords, and pendant chains, the Customer must select the desired size before clicking “Add to cart.” The cart does not in itself constitute an order binding ASTROM. The Customer may freely modify their “Cart,” remove a previously selected Product, change the quantities ordered, or add a Product by clicking the relevant elements within the “Cart.”
Once the Customer has completed the selection of the Products they wish to purchase, they must confirm the contents of the cart and place the order. Summary pages will then successively display the details of the selected Products and their prices, the delivery conditions, and the payment method to be selected by the Customer.
4.2 Customer Identification
A customer account is required in order to place any Order on the Website.
If the Customer already has an account on the Website, they must log in using their email address and password.
If the Customer does not have an account, they will be invited to create one by accurately providing their identity, contact details, as well as a valid email address and a password. Once the Customer has registered their account on the Website, they will receive an email enabling them to access their account.
Login credentials and passwords are strictly personal; accordingly, each Customer undertakes to keep them secure and not to disclose them to third parties.
In the event of loss, theft, or any other fraudulent use of their customer account, Customers undertake to inform ASTROM immediately.
Furthermore, if ASTROM has reason to suspect that a third party has breached a Customer’s account, password, and/or login credentials, ASTROM reserves the right to immediately terminate the account concerned and will inform the Customer by email.
If the information provided by the Customer when creating their account changes, the Customer must update it directly on the Website.
ASTROM may modify at any time the information required to place a new Order or to create and register customer accounts. Such modifications will be published on the Website.
4.3 Validation of the Order by the Customer
Any Order must be subject to prior validation by the Customer.
Before finally validating their Order, the Customer will have the opportunity to review the details of the Order, in particular the total price and the delivery method, and to correct any errors before confirming it to express their acceptance.
Please note that any Order entails an obligation to pay. To definitively validate an Order, the Customer must click on the “Proceed to payment” button.
4.4 Order Confirmation by ASTROM
Once the Customer has validated their Order, ASTROM will acknowledge receipt thereof without delay by email sent to the Customer.
Only once payment has been confirmed and duly made by the Customer will ASTROM send the Customer an order confirmation (the “Order Confirmation”) by email. This Order Confirmation will include the Order number, the total amount of the Order, information relating to the delivery timeframe, the essential characteristics, quantity and price of the Products purchased, these General Terms and Conditions of Sale, as well as the invoice corresponding to the purchase.
Only the Order Confirmation under the conditions described above constitutes acceptance of the Order by ASTROM, thereby indicating the existence of a binding sales contract between ASTROM and the Customer.
It is agreed between ASTROM and the Customer that emails and the automatic recording systems used on the Website shall constitute proof between the parties, in particular as to the nature and date of the order.
ASTROM recommends that the Customer keep the Order Confirmation on a paper or electronic medium.
The Customer is informed that the emails relating to the Order Confirmation are sent by ASTROM to the email address provided by the Customer. If these emails are not received, the Customer is advised to check whether they have been filtered into spam or junk mail. Likewise, in the event of an error in entering the relevant email address or non-receipt of the order confirmation message, ASTROM cannot be held liable. In such a case, the sale shall nevertheless be deemed final, except in cases where the Order is cancelled by ASTROM, in particular due to unavailability of Products, non-payment, or suspicion of fraud. The Customer may nonetheless exercise their right of withdrawal under the conditions set out in Article 10 of the General Terms and Conditions of Sale.
Pursuant to Article L213-1 of the French Consumer Code, when an order amounts to one hundred and twenty (120) euros or more, ASTROM retains records relating to any Order for a period of ten (10) years from the Order Confirmation. ASTROM will make these records available to the Customer upon simple request made to customer service by email at the following address: e-boutique@astromparis.com, together with proof of the Customer’s identity by any legally recognized document.
4.5 Product Availability
The Products offered for sale by ASTROM are those displayed on the Website on the day the Customer consults the Website, subject to availability of stock. ASTROM reserves the right to remove Products from sale at any time. In any event, should Products become totally or partially unavailable after an Order has been placed, the Customer will be informed by email as soon as possible of the unavailability of the Product and of the total or partial cancellation of their Order.
In the event of total cancellation of the Order, ASTROM will contact the Customer to inform them of the cancellation and will refund the total price of the Order as soon as possible and no later than fourteen (14) days following cancellation of the Order.
In the event of partial cancellation of the Order:
The Order will be validated and the bank account will be debited for the full amount of the Order;
The Customer will receive delivery of the available Products. ASTROM’s customer service will contact the Customer to inform them of the unavailable Products and will proceed with a refund as soon as possible and no later than fourteen (14) days following shipment of the available Products.
4.6 Refusal of Orders
It is recalled that purchases made on the Website are reserved for non-professional Customers for their personal use (or as gifts). In accordance with Article L121-11 of the French Consumer Code, ASTROM reserves the right to refuse or cancel any abnormal Order.
Finally, ASTROM reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature or stage of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website, including in connection with previous Orders.
ARTICLE 5: PRODUCT PRICES
The prices of the Products displayed on the Website are indicated in euros and are inclusive of all taxes.
For Orders placed on the Website, these prices include shipping costs, which are offered. Shipping costs will be indicated before the Customer validates the Order. The various shipping methods are set out below in these General Terms and Conditions of Sale and are also recalled on the Website; they may be modified at any time by ASTROM. Accordingly, ASTROM advises Customers to consult the General Terms and Conditions of Sale published on the Website on a regular basis.
The sale prices of the Products on the Website are those in force at the time the Customer places the Order. Product prices may be modified by ASTROM at any time and without prior notice. Any such modification will be indicated to the Customer prior to placing an Order.
ASTROM carries out regular checks to ensure that the prices applied are correct; however, some prices may be affected by an error. If ASTROM identifies a pricing error in an Order, the Customer will be informed as soon as possible. ASTROM reserves the right to cancel the Order for the Product affected by the pricing error. If the Order has already been paid for, the Customer will be immediately refunded the amount paid and, where applicable, if the Order has been delivered, it must be returned to ASTROM.
All Orders must be paid for in full at the time the Order is placed. In the event of unavailability of certain Products ordered, the rules described in Article 5.5 of these General Terms and Conditions of Sale shall apply.
Upon Order Confirmation, the Customer will receive, for each Product, written confirmation of the price paid, detailing the price of the Products.
It should be noted that the VAT applied will remain French VAT.
The actual VAT applicable to the Customer’s Order will be specified at the time of purchase. Changes in the applicable legislation between the date the Order is placed and the date of receipt of the Order Confirmation may result in changes to the sales tax applicable to the Customer’s Order. If this results in an increase in the sales tax payable by the Customer, ASTROM will contact the Customer and ask them to reconfirm their Order.
ARTICLE 6: PAYMENT TERMS
6.1 Authorized Payment Methods
Payment for the Customer’s purchases on the Website may be made as follows:
by bank card (cards from the “CB” network, Visa, Eurocard/Mastercard, and American Express are accepted). Cards issued by banks domiciled outside France must be international bank cards.
In this case, the Customer’s bank card will be debited for all Orders upon shipment of the Order.
When placing an Order on the Website, the Customer must choose from among the available payment solutions (payment card, American Express, Apple Pay) and provide their payment details on the appropriate form.
The Customer guarantees to ASTROM that they are the holder of the bank card used to pay for the Order and that the first and last names appearing on the bank card to be debited are their own. The Customer then communicates, in a secure Internet environment, the card number and expiry date shown on the front of the bank card, as well as the visual cryptogram numbers shown on the back (or front) of the bank card.
In order to process the Customer’s Order, ASTROM may carry out a prior authorization of the Customer’s payment card. The purchase amount will be blocked on the payment card until the Order is shipped to the shipping address provided to ASTROM. An Order Confirmation will then be sent to the Customer and the payment card will be debited for the applicable purchase price. By placing an Order on the Website, the Customer expressly authorizes ASTROM to carry out the payment card pre-authorization transaction and, if ASTROM deems it necessary, to transmit or obtain information (including updated information) concerning the Customer to or from third parties, including but not limited to the payment card number, solely for the purpose of authenticating the Customer’s identity, validating the payment card, obtaining an initial payment card authorization, and authorizing individual purchase transactions.
Verification of the payment card used by the Customer will be carried out online with the relevant banking institutions and organizations, via the system of CIC Monetico. This company, located in France, will for this purpose store and process, in an automated manner, information relating to each Order, including bank card details, in a secure environment.
In the event that, for any reason whatsoever (opposition, refusal by the issuing bank, etc.), the debit of the sums due by the Customer proves impossible, the Order will be immediately cancelled.
ARTICLE 7 – COMPLIANCE WITH REGULATORY AND CONTRACTUAL STANDARDS
GOLD: ASTROM products are made from recycled 750/1000 gold (18 carats).
DIAMONDS AND PRECIOUS STONES: All diamonds and precious stones purchased by ASTROM are sourced from legitimate suppliers not involved in the financing of conflicts, in accordance with United Nations resolutions. ASTROM hereby guarantees that these diamonds are not sourced from conflict areas, such guarantee being based on its knowledge and/or on written guarantees provided by the various suppliers of these diamonds and precious stones.
ARTICLE 8 – DELIVERY AND RECEIPT
8.1 General Rules
Delivery refers to the transfer of physical possession of the Products to the Customer.
Delivery of the Products ordered by the Customer in accordance with these General Terms and Conditions of Sale may only be carried out within the Territory.
It is expressly agreed that no delivery may be made outside the Territory.
The Products will be delivered to the address indicated by the Customer as the delivery address at the time of the relevant Order (the “Delivery Address”).
It is understood that no delivery may be made to hotels, forwarding agents, campuses, pick-up points, or post office boxes. Delivery of the Products will only take place after full payment of the total amount of the Order has been received by ASTROM.
No delivery will be made by ASTROM if full collection of the price proves impossible.
Information concerning delivery terms is available on the Website from the cart validation page, as well as on the Order summary page, prior to payment thereof. Delivery costs are offered by Maison ASTROM.
In accordance with the provisions of the French Consumer Code, delivery of the ordered Products will take place within the timeframes communicated by ASTROM at the time of the Order and, failing such indication, in any event no later than thirty (30) days from the date of the Order, subject to full payment of the price by the Customer.
8.2 Delivery Methods
The Products ordered by the Customer are delivered by ASTROM’s carrier to the delivery address provided by the Customer at the time of the Order, via tracked delivery. Each Order is assigned a tracking number. By logging into their customer account on the Website, the Customer has access to a link enabling them to track the progress of their parcel via the carrier’s website.
Delivery via carrier
Delivery takes place within an estimated period of between two (2) and twenty (20) days (estimated delivery times by country) from the shipment of the Order, as evidenced by the shipment notification email sent to the Customer. All of our pieces are handcrafted using an exceptional artisanal process. Depending on stock availability, delivery times may be extended.
In order for delivery times to be met, the Customer must ensure that they have provided accurate and complete information regarding the delivery address (including, in particular, street number, building, stairwell, access codes, intercom numbers, etc.).
In the event that the Customer is absent at the time of delivery, a request for re-delivery will be accepted by ASTROM. If the Customer is also absent at the time of this second delivery, the parcel will be returned to ASTROM’s headquarters, which will result in cancellation of the Order.
The risks relating to the Products remain with ASTROM until delivery to the Customer, who becomes responsible for them upon delivery to the delivery address indicated at the time of the Order.
8.3 Anomaly, Damage, Damaged Parcel
ASTROM recommends that the Customer, in order to avoid any dispute, verify the conformity of the Products at the time of delivery and, where possible, indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomalies noted (opened package, damaged product, etc.).
In the event of non-conformity of the purchased Products or if they do not give satisfaction to the Customer, the latter may return them or request an exchange or a refund under the conditions set out in Articles 8 and 9 of these General Terms and Conditions of Sale, depending on the circumstances.
ARTICLE 9: RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Customer has a right of withdrawal.
Accordingly, the Customer may exercise their right of withdrawal, without having to give any reason, within fourteen (14) days following receipt of the relevant Product. If the Customer has ordered several Products in a single Order, or if delivery of the Products has been made in several instalments, the withdrawal period shall not begin until the Customer, or a third party designated by them other than the carrier, takes physical possession of the last Product or the last part of the delivery.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:
the supply of goods made to the Customer’s specifications or clearly personalized (see Article 4 hereof);
the supply of goods which have been unsealed by the Customer after delivery, and which cannot be returned for reasons of hygiene or health protection.
To notify their decision to withdraw, the Customer may use the withdrawal form appearing at the end of these General Terms and Conditions of Sale and enclosed in their parcel, or any other clear and unambiguous statement. This request must be sent to the sales department by email at the following address: e-boutique@astromparis.com.
The Customer will promptly receive an acknowledgment of receipt of their withdrawal request by email.
ASTROM’s sales department or its carrier will then contact the Customer to arrange collection of the parcel by which the Customer will return the Product(s) concerned.
The refund will be made no later than fourteen (14) days following notification of the Customer’s decision to withdraw or within five (5) business days following receipt by ASTROM of the returned Products.
Refunds of the sums paid for the returned Product(s) will be made, depending on the payment method used, by credit to the Customer’s bank account corresponding to the bank card used for payment.
Return shipping costs are free of charge.
If ASTROM has not refunded all of the sums paid by the Customer under the conditions set out above, such sums shall automatically be increased by ten percent (10%) if the refund is made no later than thirty (30) days after the applicable deadline, by twenty percent (20%) up to sixty (60) days, and by fifty percent (50%) thereafter.
Furthermore, in the case of a gift, the right of withdrawal remains for the exclusive benefit of the Customer and may under no circumstances be exercised by the recipient of the gift.
In all cases, the Customer must return the delivered Products in their original packaging, complete (boxes and cases, certificate of authenticity, accessories, protections, tags, booklets, etc.) and accompanied by the duly completed return form and a copy of the invoice. Products returned incomplete, worn, damaged, deteriorated, soiled, or in any other condition reasonably suggesting that they have been used or worn will not be refunded or exchanged and will be returned to the Customer.
ARTICLE 10: EXCHANGE
In addition to the right of withdrawal described above, ASTROM wishes to offer its Customers the possibility to exchange delivered Products under the conditions set out below.
ASTROM allows its Customers to exchange Products within fourteen (14) days following the delivery date, with the exception of Products that were the subject of a special order.
The Customer’s request may relate only to the size of the Product or the color of the gold of the ordered Product. Under no circumstances may an exchange be made between two different Products.
The exchange request must be submitted by contacting ASTROM’s sales department at the following address: e-boutique@astromparis.com, or via the “Contact” section located in the header or at the bottom of the Website page.
Return of the relevant Product is free of charge.
ASTROM’s sales department or its carrier will then contact the Customer to arrange collection of the parcel by which the Customer will return the Product(s) concerned.
The returned Product must be new, unused (not worn or personalized), and in its original packaging in perfect condition.
In the event of a Product return, ASTROM’s sales department will inspect and assess the perfect condition of the returned Product.
In addition, the returned Product must be accompanied by its invoice and the certificate of authenticity provided at the time of sale.
Subject to compliance with these return conditions, ASTROM will proceed with the exchange as soon as possible. ASTROM will not issue any refund for returned Products.
Products returned incomplete, damaged, deteriorated, soiled, without a security tag, or in any other condition reasonably suggesting that they have been used or worn will not be eligible for exchange and will be returned to the Customer by post.
It is specified that in the case of a gift, the option to exchange may be exercised by the recipient of the gift, it being understood that in the context of a remote exchange via ASTROM’s Customer Service, no refund may be made to the gift recipient in the event of a price difference.
As part of the exchange policy offered under this Article, ASTROM reserves the right to refuse an exchange beyond two (2) successive requests.
Furthermore, any return shipping costs paid by the Buyer, where applicable, shall not be refunded.
ARTICLE 11: COMPLIANCE – WARRANTY – AFTER-SALES SERVICE
All Products sold on the Website benefit from the statutory warranty of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products free of charge.
11.1 Legal Warranty
11.1.1 Statutory Warranty of Conformity
The Consumer Code provides the following regarding the statutory warranty of conformity:
Article L217-4: “The seller is obliged to deliver a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when these were required by the contract or carried out under the seller’s responsibility.”
Article L211-5: “To be in conformity with the contract, the good must:
Be suitable for the use usually expected of a similar good and, where applicable:
correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
possess the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
Or possess the characteristics mutually agreed upon by the parties or be suitable for any specific use sought by the buyer, brought to the seller’s attention, and accepted by them.”
Article L211-12: The action resulting from a lack of conformity is subject to a limitation period of two years from the delivery of the good.
11.1.2 Warranty Against Hidden Defects
The French Civil Code provides the following regarding the warranty against hidden defects:
Article 1641: “The seller is bound by the warranty for hidden defects of the sold item that render it unfit for the intended use, or that so significantly reduce this use that the buyer would not have purchased it, or would have paid a lower price, had they known about them.”
Article 1648: “The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought within one year from the date on which the seller can be discharged of apparent defects or non-conformity, under penalty of forfeiture.”
Under the warranty for hidden defects, ASTROM, at the Customer’s choice, undertakes after evaluating the defect:
Either to refund the full price of the returned Product,
Or to refund part of the Product’s price if the Customer chooses to keep it.
11.1.3 Exclusions
The warranty does not cover Products that have been modified, repaired, incorporated, or altered by the Customer. The warranty does not apply to apparent defects. It does not cover Products damaged during transport or due to improper use.
11.2 Implementation of Legal Warranties
When the Customer invokes the statutory warranty of conformity, they:
Benefit from a two-year period from the delivery of the Product to act;
May choose between repair or replacement of the Product, subject to the cost conditions provided in Article L.217-9 of the Consumer Code;
Are exempt from providing proof of the existence of the Product’s non-conformity.
The statutory warranty of conformity applies independently of any commercial warranty that may be granted by ASTROM.
Furthermore, the Buyer may choose to invoke the warranty against hidden defects of the sold item under Article 1641 of the Civil Code. In this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
These provisions do not exclude the right of withdrawal described in Article 10 above.
11.3 Consequences of Warranty Implementation
Under the statutory warranty of conformity, ASTROM undertakes, at the Customer’s choice:
Either to replace the Product with an identical Product depending on available stock,
Or to refund the price of the Product if replacement is impossible.
Under the statutory warranty against hidden defects, ASTROM, at the Customer’s choice, undertakes, after evaluation of the defect:
Either to refund the full price of the returned Product,
Or to refund part of the Product’s price if the Customer chooses to keep the Product.
ARTICLE 12: CLAIMS – INFORMATION
For any information, complaint, or question regarding the General Terms and Conditions of Sale established by ASTROM or regarding the Products themselves, Customers must contact ASTROM’s sales department via the “Contact” form on the Website, providing, if applicable, their Order number.
ARTICLE 13: PERSONAL DATA PROTECTION
ASTROM collects personal data from the Customer and, where applicable, from the recipient of the Order.
The personal data requested from the Customer are necessary for processing their Order and issuing invoices, among other things.
These data may be shared with ASTROM’s potential partners responsible for the execution, processing, management, and payment of Orders.
The processing of information provided via the Website complies with legal requirements regarding personal data protection, with the information system used ensuring optimal protection of this data.
For more information on ASTROM’s personal data and cookie policy, and on your rights, we invite you to consult our “Personal Data and Cookies” policy.
ARTICLE 14: RETENTION OF TITLE
ASTROM retains full ownership of the Products sold until full payment of the total price, including principal, fees, taxes, and mandatory contributions, has been received.
ARTICLE 15: INTELLECTUAL PROPERTY RIGHTS
The “ASTROM” brand, as well as all other figurative or non-figurative trademarks, and more generally all other trademarks, illustrations, images, and logos appearing on ASTROM Products, their accessories, or their packaging, whether registered or not, are and shall remain the exclusive property of ASTROM. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, or logos, for any reason and on any medium, without the express prior consent of ASTROM, is strictly prohibited.
The same applies to any combination or conjunction with any other trademark, symbol, logo, or, more generally, any distinctive sign intended to form a composite logo. This also applies to all copyrights, designs, models, and patents owned by ASTROM.
The use of all or part of the Website, including by downloading, reproduction, transmission, or display for purposes other than personal and private, non-commercial use, is strictly prohibited. Violation of these provisions exposes the offender to penalties provided under the Intellectual Property Code, notably regarding copyright infringement (Articles L.335-1 et seq.), trademark law (Articles L.716-1 et seq.), as well as under the Civil Code for civil liability (Articles 1382 et seq.).
The creation of hyperlinks or images linking to any page or element of the Website may only be done with the prior written authorization of ASTROM and may be revoked at any time. Websites containing hyperlinks to the Website or to which the Website may link are not under ASTROM’s control, and ASTROM therefore disclaims any responsibility (including editorial) regarding access to and content of such sites.
ARTICLE 16: SIGNATURE AND PROOF
ASTROM works to protect its Customers’ personal information by ensuring a high level of security, but the Customer also has a role to play in protecting their personal data. In particular, the Customer must maintain the security of their online transactions, for example, by not sharing their login credentials (Customer’s email address) and/or password with anyone and by regularly changing their password.
Accordingly, ASTROM cannot be held responsible for the disclosure of Customer information to any individual who has used their login credentials (Customer’s email address) and/or password. The use of the Customer’s login credentials (email address) and/or password shall constitute proof of the Customer’s identity and authorize the enforceability of payment for the Order at the time of validation. ASTROM cannot under any circumstances be held liable for the fraudulent use of this information.
Providing the credit card number and the final validation of the Order shall constitute proof of acceptance of the said Order and shall trigger the enforceability of the amounts due for the items listed in the Order. The computerized records maintained in ASTROM’s and its partners’ IT systems shall be considered as evidence of communications, Orders, and payments made between the Parties.
ARTICLE 17: FORCE MAJEURE
The performance by ASTROM of all or part of its obligations shall be suspended in the event of a force majeure, as defined in Article 1218 of the French Civil Code, that prevents or delays its performance.
ASTROM will inform the Customer of such a fortuitous or force majeure event within eight (8) days of its occurrence. The occurrence of such an event results in the suspension of the performance of these General Terms and Conditions of Sale.
ARTICLE 18: LIABILITY
18.1 ASTROM cannot be held liable for any direct or indirect damage that may result from the use of the Website, including inaccessibility, data loss, deterioration, destruction, or viruses that may affect users’ computer equipment and/or the presence of viruses on the Website.
18.2 ASTROM does not guarantee the legality or accessibility of the Website’s content for all countries worldwide.
ARTICLE 19: LANGUAGE
The Website and the General Terms and Conditions of Sale are available in two (2) languages: French and English. However, in the event of any discrepancy between the versions, the French version shall prevail. Only the French version of the General Terms and Conditions of Sale shall be binding between the Parties.
ARTICLE 20: DISPUTES – APPLICABLE LAW
These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law. In the event of a dispute related to their application and/or interpretation, the Customer may use a conventional mediation procedure or any other alternative dispute resolution method. Any consumer-related dispute may be resolved amicably through mediation at the CMAP – Centre de Médiation et d’Arbitrage de Paris.
To submit a dispute to the mediator, the Customer may:
(i) fill out the form on the CMAP website: www.cmap.fr under the tab “vous êtes : un consommateur” (you are: a consumer);
(ii) send a request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS; or
(iii) send an email to consommation@cmap.fr.
Regardless of the method used to contact CMAP, the Customer’s request must include the following information for prompt processing: postal address, email, and phone number, as well as the full name and address of ASTROM, a brief description of the facts, and proof of prior steps taken with ASTROM.
The Customer remains free to accept or refuse mediation, and in the event of mediation, each party is free to accept or reject the solution proposed by the mediator.
If no amicable solution is reached or mediation is not used, all disputes arising from the General Terms and Conditions of Sale will be submitted to the competent court in the Customer’s place of residence.
The fact that one Party does not invoke a breach of any obligation under these General Terms and Conditions of Sale with respect to the other Party shall not be interpreted in the future as a waiver of that obligation.
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
To the attention of ASTROM Customer Service at the following email address: e-boutique@astromparis.com
I/We [] hereby notify you of my/our [] withdrawal from the contract for the sale of the good []/for the provision of the service [] below:
Product [reference]__________
Ordered on []/received on []: ______________
Name of the customer(s): _______________________
Address of the customer(s): _______________________
Signature of the customer(s) (only if notifying this form on paper): _______________________
Date: _______________________
[*] Delete as appropriate.
Signature of the customer(s): _______________________