General Terms and Conditions
1. General provisions
1.1 The General Conditions of Sale (“General Conditions”) apply to all sales of Ashiifah products made through the website www.ashiifah.fr.
1.2 The sale of the Products covered by these General Conditions is reserved exclusively for consumers (“Customers” or “Customer”) natural persons not acting in the context of a commercial or professional activity and aged over 18 years.
1.3 The language in which a sales contract can be concluded through this website is French.
1.4 Customers must carefully read these General Conditions which can be consulted on the Website so that the Customer can read them, keep a copy and reproduce them. A copy of the General Conditions will be sent to the Customer by Ashiifah in accordance with article 5.10 below. Sales contracts executed with Customers will be archived by Ashiifah for the retention period prescribed by applicable laws.
2. Product information and availability
2.1 The Website makes available information about the Products (together with relevant Product codes) and applicable prices
2.2 Ashiifah reserves the right, at any time, to limit the quantities and/or type of Products available from its website. The style, models and colors of the Products described on the Website are subject to change without notice. During the purchase process, an automatic response message will inform the Customer that the order cannot be processed due to the unavailability of the Product ordered; Ashiifah is not responsible to the Customer for the unavailability of the Product before the conclusion of the contract.
2.3 Under no circumstances can Ashiifah be held responsible for errors occurring following a failure of the Customer's connection to the website.
3.Price
3.1 The prices of the Products appearing on the Website are indicated in Euros, and include all applicable taxes and charges. Delivery costs, if applicable, must be added to the price of the Products and will be indicated separately in the order form, in accordance with the principles provided for by applicable laws.
3.2 Ashiifah carries out regular checks regarding the accuracy of the prices of the Products appearing on the Website; however, Ashiifah cannot guarantee that the Website is error free. In the event that an error in the price indication is detected, Ashiifah must refuse the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Ashiifah will also give the Customer the opportunity to cancel the order.
4. Execution of the contract
4.1 The essential characteristics and price of each Product are displayed on the Website.
4.2 Before placing an order through the Website, the Customer must carefully read all the instructions communicated to him during the purchasing procedure (also with regard to possible delivery costs, the conditions of the right of withdrawal, the policy on the protection of personal data), as well as these General Conditions.
4.3 To purchase Products, the Customer must (i) include the selected Products in the shopping cart by clicking on the corresponding button, (ii) complete the order proposal, (iii) choose the payment method, (iv) accept the General Conditions and (v) transmit the order proposal to Ashiifah through the Website
4.4 Sending the order constitutes a purchase proposal for the selected Products, subject to these General Conditions and is binding on the Customer, subject to the right of withdrawal provided for in article 9. Sending the order proposal by the Customer entails the obligation for the latter to pay the price of the Products ordered.
4.5 The contract between Ashiifah and the Customer is concluded upon receipt, by the Customer, of Ashiifah's acceptance of the order proposal ("Order Confirmation"). Acceptance (or refusal) by Ashiifah must be communicated to the Customer by email to the address communicated by the latter in the order proposal.
4.6 In the event of unavailability of one or more of the Products, the Customer will receive an email informing them, as required, of the unavailability of the Products. In such a case, the order proposal will be canceled or partially accepted only for the Products available. In the event of partial acceptance, the Customer must pay (or be charged, if paying by credit card) only the price of the Products available.
4.7 In accordance with the provisions of article L.121-19-1 of the Consumer Code as described below, the Order Confirmation will include a summary of the essential characteristics of the Products purchased, a detailed indication of the price and methods of delivery. payment, information on delivery costs, if applicable, information regarding Contact at Ashiifah, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the right of withdrawal for Personalized Products, the address to which complaints can be sent, and information on after-sales services and existing commercial conditions (if applicable). It will also contain a copy of these General Conditions.
4.8 Once the Order Confirmation has been sent to the Customer, the order can no longer be canceled or modified. The Products sent may, however, be returned as indicated in article 9 below.
4.9 Risk of loss or damage relating to the Products passes to the Customer when the Customer (or a third party indicated by the Customer and other than the carrier) has acquired physical possession of the Product.
5. Payment method
5.1 Payment of the price of the Products included in the order proposal, as well as applicable taxes and delivery costs, if applicable, must be paid by the Customer by credit card and by Paypal.
5.2 Transactions will be charged to the Customer's credit card only after: (i) the credit card data has been verified; (ii) authorization to charge the card will have been received from the issuer of the card used by the Customer; and (iii) availability of the Products will have been confirmed by Ashiifah.
5.3 In certain cases (such as, for example, the purchase of Personalized Products), which will be reported to the Customer before the Customer can submit the order proposal, the transaction will only be charged to the Customer's credit card. 'after: (i) the credit card details have been verified; and (ii) authorization to charge the card will have been received from the issuer of the card used by the Customer.
5.4 Subject to what is provided for in article 6.4., no debit will be made at the time of transmission of the order proposal with the exception of temporary costs necessary to check the validity of the credit card, if applicable. applicable. It is understood that once the order has been executed, the said temporary charges will be canceled and replaced by the amount payable by the Customer. Furthermore, in the event that the order is canceled, these temporary charges will also be permanently waived.
5.5 If for any reason it is impossible to debit the amount payable by the Customer (or to obtain the amount due available on Ashiifah's bank account in the event of a transfer) within the deadlines provided (see point 6.6 above ), the contract will not be executed and the order will be canceled.
5.6 For each order, Ashiifah must send the Customer an invoice for the Products by email or post, in accordance with the applicable law or regulation. The invoice will be established according to the information provided by the Customer at the time of the order. No changes to the invoice can be made once it has been issued.
6. Transport and Delivery
6.1 The Products purchased will be delivered, on working days, by a delivery service chosen by Ashiifah (hereinafter the “Delivery Service”). The Products will be delivered to the address given by the Customer in the order proposal.
6.2 Except in the event of force majeure or the occurrence of unforeseeable circumstances, the Products purchased will be shipped within 2-3 days following the date indicated on the Order Confirmation. As for delivery, it depends on the process of the selected shipper.
6.3 At the time of delivery of the Products by the Delivery Service, the Customer (or a designated representative) must: (i) ensure that the number of items delivered corresponds to what is indicated on the delivery note; (ii) ensure that the packaging and seals are intact, not damaged or have not been wet or altered in any way; (iii) sign the delivery receipt; and (iv) upon request from the Delivery Service, present your identification document. Any damage to the packaging and/or Product, or any discrepancies between the number of items and supporting documentation must be immediately noted in writing on the Delivery Service's delivery receipt. Subject to contrary provisions provided for in applicable laws, once the Delivery Service document has been signed and no objection has been raised by the Customer, the Customer can no longer raise objections as to the characteristics external aspects of the delivered package, it being specified that the Customer is granted the right to subsequently raise objections in connection with other characteristics linked to the Products in accordance with the conditions provided for in article 12 below.
6.4 Delivery costs, if applicable, will be borne by the Customer and will be separately mentioned on the order form as well as on the invoice.
7. Dispatch and delivery confirmation
7.1 Ashiifah must send the Customer a shipping confirmation by email once the Products have been shipped and another email once the Products have been delivered.
8. Taping or wrapping
8.1 Products purchased from the Website are delivered with standard Ashiifah packaging.
9. Right of withdrawal
9.1 In accordance with article L.121-21 of the Consumer Code as described below, the Customer has the right to withdraw from the contract which he can exercise without reason within 14 (fourteen) days. from the date on which the Customer (or his representative duly authorized to receive the Products) physically takes possession of the Products and, in the event of partial delivery, of the last Product.
9.2 In order to exercise his right of withdrawal, the Customer must, within the period mentioned in article 10.1 above, send by email a communication of his intention to exercise his right of withdrawal in accordance with article L121-21 of the Consumer Code; such communication must include the following information: (i) the indication of the Product for which the Customer wishes to exercise his right of withdrawal; (ii) order number; and (iii) in the event that the Customer purchases the Product by bank transfer, the IBAN code of the Customer to which the reimbursement can be made; contact@ashiifah.fr
9.3 Within 7 days from the communication of the withdrawal (sent in accordance with article 10.2 above) the Customer must return the Product purchased to Ashiifah to the address which will be communicated to him by email. Unless otherwise indicated on the Website, shipping costs for returning Products are the responsibility of the Customer. The Products will be returned in their original condition, unaltered, unused, undamaged, and with their original labels attached to the Products. In the event of a decrease in the value of the Products resulting from the handling of the goods by the Customer going beyond what is necessary to establish the nature, characteristics and functioning of the goods, Ashiifah reserves the right to refuse the return of the Products. . The Customer is solely responsible for any reduction in value of the Products resulting from handling of the goods going beyond what is necessary to establish the nature, characteristics and functioning of the goods.
9.4 Ashiifah must reimburse all payments received from the Customer, including any delivery costs, within 14 days after receiving the returned Products, or after the Customer has provided proof of return of the Products, the date chosen being the nearest of these two dates. The reimbursement will be made by Ashiifah using the same payment method as that used by the Client for the initial transaction, unless the Client has expressly agreed to another method and provided that the Client does not have to bear costs related to this reimbursement.
10. Personalized Products and Other Special Products
10.1 In accordance with article L121-21-8 of the Consumer Code as described below, the right of withdrawal does not apply (i) to orders for personalized Products, such as, for example, those with initials of the Customer written on the Product; (ii) those which are likely to be easily damaged or expired; (iii) and those which cannot be returned given their nature (e.g. Product which was sealed, then which was opened by the Customer), or for hygiene reasons.
11. Replacement of Products
11.1 Without prejudice to the Customer's rights under articles 10 and 13, and except for personalized Products, Ashiifah authorizes the replacement of Products purchased on the Website, according to the following procedure:
(I) once the Products have been received, the Customer must contact Ashiifah without delay by email at contact@ashiifah.fr;
(II) then, the Customer must mention his desire to exchange, clearly indicating the title/reference of the new Products that the Customer wishes to receive (the codes and sizes are indicated on the website);
(III) within a maximum period of 7 days from the date of delivery of the Product, the Product to be replaced must be returned by the Ashiifah Customer in the same condition as that in which it was delivered, with the labels attached to the Products and the form indicated under point 12.1 (II) above. Unless otherwise indicated on the Website, the costs associated with returning the Products are borne by the Customer.
11.2 The Products will be returned in their original condition, unaltered, unused, undamaged and with their original labels attached. In the event of a reduction in the value of the Products resulting from the handling of the goods by the Customer going beyond what is necessary to establish the nature, characteristics and functioning of the goods, Ashiifah reserves the right to refuse the exchange of the goods. Products. The Customer is solely responsible for any reduction in value of the Products resulting from handling of the goods going beyond what is necessary to establish the nature, characteristics and functioning of the goods.
11.3 The amount paid by the Customer will be refunded by Ashiifah, by the same payment method as that used by the Customer to initially purchase the Product, within 7 days after the returned Products have been delivered to Ashiifah.
11.4 The exchange will be accepted by Ashiifah subject to availability of the new Products desired.
11.5 The exchange is treated by Ashiifah as a new order from the Customer subject to the same obligations and conditions provided for in these General Conditions as for the initial order. In particular, if the Products that the Customer wishes to exchange had been initially paid by credit card, Ashiifah will first reimburse this card for the price initially paid by the Customer and then debit the price of the new Products requested in accordance with Article 5.3 above. If the initial payment was made by bank transfer and the price of the new Products requested is the same as that paid by the Customer for the Products he wishes to exchange, Ashiifah will keep the amount initially paid by the Customer; if the price is different, Ashiifah will refund the difference – or ask the Customer to pay the difference, as the case may be.
12. Lack of conformity
12.1 If a Product sold by Ashiifah presents manufacturing defects or an alleged lack of conformity of the Products sold by Ashiifah, the Customer must immediately contact the online after-sales service by email at contact@ashiifah.fr .
12.2 The legal guarantees provided for in articles L211-4 to L211-14 of the Consumer Code as described below, apply to the sale of the Products. According to these articles, the Customer has the right for the Products to be brought into conformity, free of charge, either by being replaced or by being repaired (it being specified that the Customer will have the right to choose that the Product be repaired or replaced, within the limits provided for by law) or, in the event of the impossibility of one of the above remedies (in accordance with article L211-10 of the Consumer Code), the right to an appropriate reduction in the sale price of the Products or the right to terminate the contract. The Client loses these rights if he does not notify Ashiifah of the lack of conformity within 14 days from the date on which the Client detected such lack of conformity.
12.3 If the Customer wishes the Product to be repaired or replaced due to lack of conformity pursuant to article 13, the delivery costs associated with the return of the Product to be repaired or replaced will be borne by Ashiifah, as well as all costs. costs associated with delivery to the Customer of the repaired or replaced Product.
13. Guarantee of authenticity and intellectual property rights
13.1 Ashiifah guarantees the authenticity of all Products purchased on the Website. Products bearing the Ashiifah trademark are produced from natural materials and products.
13.2 The “Ashiifah” trademark, all figurative and/or three-dimensional trademarks appearing on the Products, accessories or relevant packaging, as well as all illustrations, images and places protected by rights of authors and, generally speaking, all intellectual property rights linked to the Products, are and remain the exclusive property of Ashiifah companies.
14. Applicable law and competent jurisdiction
14.1 These General Conditions, and therefore the contracts concluded with Customers, are governed by and must be interpreted in accordance with French law.
14.2. Disputes relating to or resulting from these General Conditions fall under the territorial jurisdiction of the competent courts of the Customer's domicile or place of residence.
15. Contacts
15.1 To obtain additional information and assistance relating to the Website or online purchasing methods, the Customer may contact Ashiifah at one of the contact details indicated below: contact@ashiifah.fr
16. Consumer service & Consumer mediator
16.1 Recourse to consumer service: In the event of disagreement/dispute concerning a service or product linked to the company, the consumer customer can send a reasoned complaint to our customer service:
By email: contact@ashiifah.fr