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Terms and Conditions of Sale

Cancels and replaces the previous ones if necessary

1. PURPOSE

The present general conditions of sale apply without restriction or reserve to all online sales proposed by the company EXOUHSIA on the website www.africa-blossoms.com (hereafter: “the Site“).

The Site is an e-commerce platform that allows Internet users (hereinafter referred to as “Buyers“) to purchase pastries (personalized and customizable cakes or cookies) or related products offered for sale on the Site (hereinafter referred to as “Products“).

The purpose of these terms and conditions is to define the terms and conditions governing the online sale and delivery of Products, and to define the rights and obligations of the parties in this regard.

They can be accessed at any time by a direct link at the bottom of the page of the Site and at the address https://www.africa-blossoms.com/cgv.

The applicable version of the general conditions is the one available online on the Site at the date of the Buyer’s order.

The present general terms and conditions of sale prevail over any other general or particular terms and conditions not expressly approved by EXOUHSIA.

They may be supplemented, if necessary, by specific terms of use for certain services offered on the Site, which supplement these general terms and conditions and, in the event of contradiction, prevail over them.

 2. SELLER’S IDENTITY AND CONTACT

The Site is operated by the company EXOUHSIA, EURL, registered at the RCS of Evry under the number 852785369 whose head office is located: 2 RUE ERNEST LUISETTI, 91200 Athis-Mons, in France (hereinafter : « EXOUHSIA »), who offers the Products for sale.

EXOUHSIA can be contacted at the following address, in particular for any complaint :

Mailing address :  

EXOUHSIA

2 RUE ERNEST LUISETTI,

91200 Athis-Mons,

France

Phone : +33(0)695942419

E-mail address : contact@africa-blossoms.com

3.LEGAL CAPACITY AND ACCEPTANCE OF THE GENERAL CONDITIONS

3.1. Legal capacity

The Site is accessible:

  • Any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site with the consent of his/her legal representative.
  • Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

3.2. Acceptance of the general conditions

The acceptance of the present general conditions by the Buyer is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. A Buyer who does not agree to be bound by these terms and conditions should not place an order on the Site.

4.PRODUCT CHARACTERISTICS

4.1. Prior to any online order and in accordance with the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he/she wishes to order.

4.2. The Products are offered for sale online within the limits of available stocks, or subject to the possibility of ordering them if necessary.

In case of unavailability of the Product after placing the order, EXOUHSIA will inform the Buyer by email: the order will be automatically cancelled and no charge will be made.

4.3. The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only commit EXOUHSIA for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products and in particular their color, weight and size may not correspond exactly to the photographs presented on the Site, given the nature of the processes used, which are specific to a handcrafted production.

These variations do not alter the quality of the Products offered for sale and confirm their unique character.

4.4. EXOUHSIA commits to transcribe the messages desired by the Buyer as is on the cookies and cakes and not to make any correction, even spelling. It is the responsibility of the Buyer to verify the text and/or visual requested when placing an order.

4.5. The visual/logo customizations are systematically subject to a print order (hereafter « BAT»). It is up to the Buyer to check the conformity of the proof of delivery at the time of its validation and before placing the order.

5.ORDER

5.1. Placing an order

The minimum order quantity to trigger production is 20 identical cookies or 10 cake pieces. To place an order, the Buyer must select the Product of his choice and place it in his basket.

He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.

The order is considered received by EXOUHSIA when it can access it.

As part of his order, the Buyer is asked to provide his contact information for delivery and billing purposes. He/she must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all the required information cannot be validated.

Buyer warrants that all information provided in the order form is accurate, current and truthful and is not misleading.

He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.

5.2. Order Confirmation

At the end of his order, the Buyer receives by email a confirmation of it which :

  • summarizes the elements of the order and the expected delivery time,
  • includes the general conditions in force on the day of the order,
  • includes the invoice corresponding to the order.

The Buyer must ensure that the contact information provided when ordering is correct and that it allows him/her to receive the order confirmation email.

If the latter is not received, the Buyer must contact EXOUHSIA at the address mentioned in Article 2.

EXOUHSIA recommends that the Buyer keep the information contained in the order confirmation.

The order confirmation is deemed to be received by the Buyer when it can be accessed.

6.PRICES AND PAYMENT TERMS

6.1. Prices

The sale prices of the Products are displayed on the Site.

They are indicated in euros, all taxes included (French VAT and other applicable taxes).

EXOUHSIA reserves the right, at its own discretion and according to the terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.

Prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the validation of the order by the Purchaser.

In case of failed delivery due to an erroneous or incomplete address provided by the Buyer, additional costs may be charged.

The applicable price is the one displayed on the Site at the time the Buyer’s order is registered.

Attention : Outside the European Union as well as in the French Overseas Departments and Territories, customs duties or local taxes may be due and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to EXOUHSIA. These rights and taxes, of which EXOUHSIA cannot determine the exact amount in advance and of which it cannot therefore inform the Buyer prior to the order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and/or formalities related to them.

6.2. Terms of payment

The full price of the Products is due upon ordering.

Payment can be made online by credit card, through the secure online payment service indicated on the Site, or by any other means that will be proposed on the Site at the time of the order

The Buyer guarantees to EXOUHSIA that he/she has the necessary authorizations to use the chosen method of payment.

EXOUHSIA reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to the unpaid amounts from the first presentation of a formal notice by registered letter AR.

6.3. Facturation

Purchase invoices will be sent to the Buyer by any useful means.

6.4. Reservation of ownership

EXOUHSIA retains full ownership of the Products sold until full payment has been received, including delivery charges.

7.DELIVERY

7.1. Delivery territory

Buyers are expressly informed that the Site only offers delivery of Products to the following countries:

  • France, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden, USA, Canada

7.2. Delivery methods

The delivery of Products ordered on the Site is made to the address indicated at the time of the Buyer’s order as the “delivery address” (which may be different from the billing address), which may only be located in one of the countries referred to in Article 7.1.

Different delivery methods may be possible, depending on the categories of Products and their weight.

The Buyer is informed before the validation of his order of the possible modes of delivery for the ordered Product as well as the times and expenses corresponding to each of these modes.

The Buyer must select the desired method of delivery and give all the necessary information for the effective delivery of the Product according to this method.

Order pick-ups, when offered, are free of charge and scheduled according to the availability of EXOUHSIA, which will determine the place and time. If the Buyer is unable to attend the appointment proposed by EXOUHSIA for any reason whatsoever, he/she will be charged the applicable delivery fees. The order will not be shipped until these fees are received.

7.3. Delivery times

The Site mentions, for each Product offered for sale, indicative delivery times according to the territories and delivery methods.

The actual delivery time will be confirmed to the Buyer in the order confirmation email.

In the absence of delivery within the above time limit, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined EXOUHSIA, according to the same modalities, to carry out the delivery within a reasonable additional time limit, it has not done so.

The contract is considered terminated upon receipt by EXOUHSIA of the letter or writing informing it of such termination, unless it has performed in the interim.

In the event of termination of the contract as described above, the Buyer will be reimbursed for all sums paid, including delivery charges, no later than 14 (fourteen) days after the date on which the contract was terminated.

In any case, EXOUHSIA reserves the right to contact the Buyer in order to propose alternative solutions for the reimbursement of the price of the Products and the delivery costs. The Buyer shall expressly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.

7.4. Damage

The risks are the responsibility of the Buyer as soon as the order has left the premises of EXOUHSIA. The Buyer is obliged to check the conformity of the delivered goods at the time of delivery and before signing the delivery note of the carrier.

Any protest relating to a damage occurred during transport must be formulated by complaint motivated near the conveyor within 3 (three) days as from the delivery. A copy of this claim will be sent to EXOUHSIA.

8.RIGHT OF WITHDRAWAL

Due to the perishable and/or personalized nature of the Products sold, the 14 (fourteen) day right of retraction does not apply to Products sold by EXOUHSIA for its brands Paticielle and Africa Blossoms.

An unprocessed order may nevertheless be modified or cancelled, after having obtained the prior and express agreement of EXOUHSIA. No refund will be made but a credit note for the amount of the order may be credited to the Buyer if it had not yet been completed.

9.LEGAL GUARANTEES

The Buyer benefits from the legal guarantees of non-conformity as well as hidden defects of the thing sold, including the defects of conformity resulting from the packing of the Products ordered on the Site.

If the Buyer finds that the Product delivered to him/her has a defect, a lack of conformity, or is damaged, he/she must inform EXOUHSIA at the address and phone number mentioned in article 2 of the present document, indicating the nature of the defect, the lack of conformity, or the damage found, and sending him/her any useful proof, notably in the form of a photograph(s)

EXOUHSIA will organize with the carrier of its choice the modalities of the return, of which it will inform the Buyer by any useful means. EXOUHSIA will bear the costs of this return.

The Products must be returned to EXOUHSIA in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the terms and conditions described above will not be accepted.

EXOUHSIA will proceed with the necessary verifications and will propose to the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, EXOUHSIA will reimburse the Buyer for the entire price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and no later than 14 (fourteen) days following the date on which EXOUHSIA informed the Buyer of the impossibility of replacing the Product.

It is recalled that, when acting in legal warranty of conformity, any consumer :

  • has a period of 2 (two) years from the delivery of the property to act;
  • has a period of 2 (two) years from the delivery of the property to act;
  • is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following its delivery.

It is also reminded that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

Any consumer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

10. The Buyers agree that said Content is legal, does not infringe public order, good morals, or the rights of third parties, does not violate any legislative or regulatory provision, and more generally, is in no way likely to bring into play the civil or criminal liability of EXOUHSIA.

The Purchasers thus refrain from inscribing on the Products, in particular and without this list being exhaustive:

  • pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist Content
  • infringing Content,
  • Content that violates the image of a third party,
  • Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
  • and more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.

11.RESPONSIBILITY OF EXOUHSIA

11.1. EXOUHSIA undertakes to carry out regular checks to verify the functioning and accessibility of the Site. In this regard, EXOUHSIA reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, EXOUHSIA cannot be held responsible for difficulties or temporary impossibility of accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunication networks.

11.2. EXOUHSIA does not provide the Buyer with any guarantee as to the adaptation of the Products to its needs, expectations, or constraints.

11.3. EXOUHSIA cannot be held responsible for the non-execution or the delay in the execution of the sales contracts due to circumstances that are external to it or to a case of force majeure, being expressly specified that are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of the French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including strikes, damage caused by viruses for which the security measures available on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions. Translated with www.DeepL.com/Translator (free version)

11.4. In any case, the responsibility likely to be incurred by EXOUHSIA under the present terms is expressly limited to the only proven direct damages suffered by the Buyers.

12.INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) used by EXOUHSIA within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassembling, decompiling, decrypting, extracting, reusing, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of EXOUHSIA are strictly prohibited and may be subject to legal proceedings.

13.PERSONAL DATA

EXOUHSIA practices a personal data protection policy whose characteristics are explained in the Privacy Policy, of which the Buyer is expressly invited to take note.

14.ADVERTISING

EXOUHSIA reserves the right to insert on any page of the Site and in any communication to the Buyers any advertising or promotional messages in a form and under conditions that EXOUHSIA will be the sole judge.

15.LINKS AND THIRD PARTY SITES

EXOUHSIA cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer would have access through the Site.

EXOUHSIA does not assume any responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

EXOUHSIA is not responsible for transactions between the Buyer and any advertiser, professional, or merchant (including any of its partners) to whom the Buyer may be directed through the Site, and will not be a party to any disputes with these third parties concerning, in particular, the delivery of products and/or services, warranties, declarations, and other obligations of any kind to which these third parties are bound. Translated with www.DeepL.com/Translator (free version)

16.PROHIBITED BEHAVIORS

16.1. The following are strictly prohibited: (i) any conduct that interrupts, suspends, slows down or prevents the proper functioning of the Site, (ii) any intrusions or attempted intrusions into EXOUHSIA’s systems, (iii) any misuse of the system resources of the Site, (iv) any action that imposes a disproportionate burden on its infrastructure, (v) any breach of security and authentication measures, (vi) any act that may be detrimental to the financial, commercial or moral rights and interests of EXOUHSIA or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and more generally (viii) any breach of these Terms and Conditions or applicable laws and regulations.

16.2. It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as the information it contains.

16.3. In case of failure to comply with any of the provisions of this article or, more generally, in case of violation of laws and regulations, EXOUHSIA reserves the right to take all appropriate measures and to initiate any legal action.

17.MODIFICATIONS

EXOUHSIA reserves the right to modify at any time the present general conditions of sale. In this case, the applicable conditions will be those in force at the date of the Buyer’s order.

18.LANGUAGE

In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.

19.MEDIATION

In accordance with the conditions stipulated in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code, the Buyer has the right to have recourse, free of charge, to the service of the mediator on which EXOUHSIA depends for the amicable resolution of any dispute concerning the execution of the present contract that may oppose EXOUHSIA.

20.APPLICABLE LAW AND JURISDICTION

The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except for mandatory procedural rules to the contrary.

Marabia Africa Blossoms

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