GTCS
General Terms and Conditions of Sale - Akro
PREAMBLE
These General Terms and Conditions of Sale (hereinafter the "GTCS") apply to any purchase made by a natural person with consumer status (hereinafter the "Customer"), on the Internet Site: https://akrofragrances.com (hereinafter the "Site") from the company LES INFLUENCEURS (trade name: AKRO), a simplified joint stock company, with capital of €20.000, whose registered office is located at 5 et 5bis rue de Montenotte, 75017 Paris and registered with the Registre du Commerce et des Sociétés de Cannes under number 839 616 232, represented by Olivier Jacques CRESP in his capacity as Chairman, duly authorised for the purposes hereof (hereinafter the "Akro Company"), email address: hello@akrofragrances.com (hereinafter the "Seller").
The purpose of these General Terms and Conditions of Sale is to govern the sale and Delivery of Products ordered by Customers from the Seller via the Site.
They can be accessed and printed at any time via a hypertext link https://akrofragrances.com/pages/t-cs available on the Site's home page.
IMPORTANT
Any Order placed on the Site implies the Customer's unreserved acceptance of these General Terms and Conditions of Sale.
Article 1. Definitions
The terms used below have the following meaning in these General Terms and Conditions of Sale:
• “Customer" refers to the Seller's co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the Customer is a natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity
• “Order": refers to the purchase of Products by a Customer on the Site.
• “Delivery": refers to the first presentation of the Products ordered by the Customer at the delivery address indicated when the Order was placed.
• “Products": refers to all Products marketed by the Seller on the Site, namely Perfumery Products.
• “Site": refers to the Seller's Internet Site accessible at the following address: https://akrofragrances.com.
Article 2. Subject
These General Terms and Conditions of Sale govern the sale of Products by the Seller via the Site.
The Customer is clearly informed and acknowledges that the Site is intended for consumers and professionals but that these General Terms and Conditions of Sale govern only the sale of Products on the Site to consumers.
Article 3. Acceptance of the General Terms and Conditions
The Customer undertakes to read these General Terms and Conditions of Sale carefully and to accept them expressly before proceeding with the payment of an Order for Products placed on the Site.
These General Terms and Conditions are referenced at the bottom of each page of the Site by means of a link accessible at the following address (https://akrofragrances.com/pages/t-cs) and must be consulted before placing the Order. The Customer is invited to carefully read, download and print the General Terms and Conditions of Sale and to keep a copy thereof.
The Seller advises the Customer to read the General Terms and Conditions of Sale each time a new Order is placed, as the latest version of the said General Terms and Conditions of Sale shall apply to all new Orders for Products.
By clicking on the "Add to basket" button to place the Order and then on the second "Confirm order and unconditionally accept the General Terms and Conditions of Sale" button to confirm said Order, the Customer acknowledges having read, understood and accepted the General Terms and Conditions of Sale without limitation or condition.
Article 4. Ordering products on the site
To be able to purchase a Product, the Customer must be at least eighteen (18) years old and/or have legal capacity and be a consumer.
In the case of pending Orders, these must be paid for by the Customer and delivered by the Seller.
Article 5. Orders
5.1. Product characteristics
The Seller undertakes to present in a clear, legible and comprehensible manner the essential characteristics of the Products and the compulsory information that the Customer must receive under French law, and to verify the accuracy thereof.
These characteristics and information appear on the product sheets on the Site.
In particular, these sheets contain the description, composition, format and price of the Product.
The Customer undertakes to read this information carefully before placing an Order on the Web Site.
In addition, the Seller shall indicate, where legally obliged to do so :
• The environmental qualities and characteristics of any Product that generates waste (incorporation of recycled materials, use of renewable resources, durability, compostability, recyclability);
• The sorting rules applicable to the Product.
All Products sold by the Seller on the Web Site comply with current European legislation and standards applicable in France.
The Customer shall be obliged to read carefully the various warnings appearing on the sheets describing the Products and in particular the various recommendations for use before proceeding with any Order.
5.2. Order procedure
Orders for Products are placed directly on the Site. To place an Order, the Customer must follow the steps described below (please note, however, that depending on the Customer's start page, the steps may differ slightly).
5.2.1. Selection of Products and purchase options
The Customer must select the Product(s) of his/her choice by clicking on the Product(s) concerned and choosing the desired quantities. Once the Product has been selected, it is placed in the Customer's basket. The Customer may then add as many Products as they wish to their basket.
5.2.2. Commands
Once the Products have been selected and placed in the shopping basket, the Customer must click on the basket and check that the contents of the Order are correct (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price) before validating its contents.
Once the Customer has validated the contents of the basket and identified/registered, an automatically completed online form will be displayed, summarising the price, applicable taxes and delivery charges.
The Customer can then proceed to pay for the Products using the chosen method of payment, by following the instructions on the Site and providing all the information required for the invoicing and Delivery of the Products.
In the case of Products for which options are available, these specific references will appear when the correct options have been selected. Orders placed must include all the information required to process the Order correctly.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page will appear on the Site to acknowledge receipt of the Customer's Order.
A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by e-mail, provided that the e-mail address given on the registration form is correct.
It is specified that the Order summary and the confirmation e-mail may be kept and printed by the Customer.
5.2.4. Billing
During the Order process, the Customer shall enter the information required for invoicing purposes (the sign (*) shall indicate the mandatory fields that must be completed in order for the Customer's Order to be processed by the Seller).
In particular, the Customer must clearly indicate all information relating to Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.
The Customer must also specify the chosen method of payment.
Neither the order form that the Customer draws up online nor the acknowledgement of receipt of the Order that the Seller sends to the Customer by e-mail shall constitute an invoice. Regardless of the Order or payment method used, the Customer shall receive the original invoice by e-mail.
5.3. Order date
The date of the Order is the date on which the Seller acknowledges receipt of the Order online. The delivery times indicated on the Web Site only start to run from this date.
5.4. Prices
For all Products, the Customer will find on the Site prices displayed in euros inclusive of all taxes, as well as the applicable delivery charges (excluding packaging and gifts, depending on the delivery address and the carrier or mode of transport chosen).
In particular, prices inclusive of all taxes include Value Added Tax (VAT) at the rate in force on the Order date. Any change in the applicable rate may affect the price of the Products from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices of the Seller's suppliers are subject to change. Consequently, the prices indicated on the Site may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid unless there is a gross error. The applicable price is that indicated on the Site on the date on which the Order is placed by the Customer.
5.5. Product availability
The Seller undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.
The unavailability of a Product is indicated on the page of the Product concerned.
In any event, if unavailability was not indicated at the time the Order was placed, the Seller undertakes to inform the Customer without delay if the Product is unavailable.
In the event that a Product is unavailable, the Seller may, if the parties so agree, offer an alternative Product of equivalent quality and price, which shall be accepted by the Customer.
If the Customer decides to cancel his/her Order for unavailable Products, he/she shall obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was cancelled.
Article 6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the "Withdrawal Policy", which is available in Annex 2 hereto.
Article 7. Payment
7.1. Means of payment
The Customer may pay for Products online on the Site by the means proposed by the Seller, i.e. by :
• Credit card ;
• PayPal, whose terms and conditions are available at https://www.paypal.com/fr/home;
• Klarna - Flexible payments, whose general terms and conditions are available at https://www.klarna.com/international/terms-and-conditions.
The Customer guarantees the Seller that he/she holds all the authorisations required to use the chosen means of payment.
The Seller will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the Site.
In this respect, it is specified that all information relating to payment provided on the Site is transmitted to the Site's bank and is not processed on the Site.
7.2. Payment date
In the case of a single payment by credit card, the Customer will be debited as soon as the Products Order is placed on the Site.
In the event of partial Delivery, the total amount will be debited to the Customer at the earliest when the first parcel is dispatched.
If the Customer decides to cancel his/her Order for unavailable Products, the refund shall be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer shall contact the Seller's Customer Service Department in order to pay for the Order by any other valid means of payment accepted by the Seller.
In the event that, for any reason whatsoever, whether due to opposition, refusal or any other reason, it proves impossible to send the money owed by the Customer, the Order shall be cancelled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the Customer corresponding to an Order amounting to more than 120 euros (including VAT) shall be archived by the Seller for a period of ten (10) years in accordance with article L.213-1 of the Code de la consommation.
The Seller agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the Customer's request.
In the event of a dispute, the Seller will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The Seller remains the owner of the Products delivered until they have been paid for in full by the Customer.
The above provisions do not prevent the transfer to the Customer, at the time when the Customer or a third party designated by the Customer takes physical possession of the Product, of the risks of loss or damage to the Products which are subject to the retention of title, as well as the risks of damage which they may cause.
In the event of delivery to a carrier other than the one proposed by the Seller, the risk of loss or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.
Article 10. Delivery
The terms and conditions of Delivery of the Products are set out in the "Delivery Policy" referred to in Appendix 3 hereto.
Article 11. Packaging
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
Customers undertake to comply with the same standards when returning Products under the conditions set out in Annex 2 - Withdrawal Policy.
Article 12. Guarantees
Apart from the commercial warranties that the Seller may offer for certain Products, all Customers benefit from "legal" warranties, for all Products, which are reproduced in Appendix 1 hereto.
Article 13. Liability
Under no circumstances shall the Seller be held liable for any failure to perform or improper performance of its contractual obligations attributable to the Customer, in particular at the time of placing the Order.
The Seller shall not be held liable, or be deemed to have failed, for any delay or non-performance of any of its obligations described in these GTCS, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French Courts and Tribunals
Article 14. Force majeure
The Seller may not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTCS is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the Code Civil.
In the event of the occurrence of one of the aforementioned events, the Seller will endeavour to inform the Customer as soon as possible.
Article 15. Personal data
All consumers have the option of registering free of charge on the BLOCTEL telephone anti-solicitation list: https://www.bloctel.gouv.fr/.
In accordance with the loi n° 2020-901 du 24 Juillet 2020 visant à encadrer le démarchage téléphonique et à lutter contre les appels frauduleux, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when the canvassing takes place in the context of the performance of a current contract and is related to the subject of said contract, including when the consumer is offered products or services related to or complementary to the subject of the current contract or likely to improve its performance or quality.
On the Site, the Seller collects personal data concerning its Customers in order to manage requests for information, to manage and monitor contracts, to manage Orders and Product deliveries, to manage payment, to ensure the smooth operation and ongoing improvement of the Site, to manage requests for rights arising from the RGPD and, if the Customer has expressly chosen this option, to send the Customer newsletters and commercial offers, unless the Customer no longer wishes to receive such communications from the Seller.
In this respect, the Customer is invited to consult the Seller's Privacy Policy, which can be accessed at the following address https://us.akrofragrances.com/pages/privacy-policy, for further information on the protection of personal data, the processing carried out via the Site and the procedures for exercising rights.
Article 16. Complaints - customer services
Any written complaint by the Customer must be sent by post to the following address : hello@akrofragrances.com.
Article 17. Intellectual property rights
All visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the Seller or the Seller has been granted a licence to use them commercially.
Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the Seller's authorisation in writing.
Under no circumstances will the Seller's authorisation be granted on a permanent basis. This link must be removed at the Seller's request. Hypertext links to the Site using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the Site and its content, by any process whatsoever, without the Seller's express prior authorisation, is prohibited and will constitute an infringement punishable by the provisions of the Code de la Propriété Intellectuelle.
Acceptance of these GTCS implies recognition by the Customer of the Seller's intellectual property rights and an undertaking to respect them.
Article 18. Validity of the General Terms and Conditions
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions of Sale shall not affect the validity of these General Terms and Conditions of Sale. Under no circumstances does such a modification or decision authorise Customers to disregard these General Terms and Conditions of Sale.
Article 19. Modification of the General Terms and Conditions
These General Terms and Conditions of Sale apply to all Orders placed online on the Site, for as long as the Site is available online.
The General Terms and Conditions are dated precisely and may be modified and updated by the Seller at any time. The General Terms and Conditions applicable are those in force at the time the Order is placed.
Changes to the General Terms and Conditions shall not apply to Products already purchased.
Article 20. Language
The GTCS are written in French with a version available in English. It is understood that the French version shall prevail in the event of any dispute.
Article 21. Jurisdiction and applicable law
THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
ANY DISPUTE RELATING TO THE CONCLUSION, INTERPRETATION, PERFORMANCE OR TERMINATION OF THIS CONTRACT SHALL BE SUBMITTED TO THE COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, INCLUDING BY REFERENCE OR BY APPEAL, NOTWITHSTANDING MULTIPLE DEFENDANTS, INCIDENTAL CLAIMS, GUARANTEE APPEALS, EMERGENCY PROCEEDINGS, BY REFERENCE OR BY APPEAL.
However, prior to any recourse, the Customer is invited to contact the Seller's complaints department.
If no agreement is reached, or if the Customer proves that he/she has previously attempted to resolve his/her dispute directly with the Seller by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute arising in relation to these GTCS, including those relating to their validity.
To initiate this mediation, the Customer may contact the Seller's mediator: (address).
Any consumer may also have recourse to the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, stating the details of the dispute.
Since mediation is not compulsory, the Customer or the Seller may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
Annex 1 - Legal guarantees
Apart from the commercial guarantees that the Seller may offer for certain Products, all Customers benefit from "legal" guarantees for all Products, which are detailed below, in accordance with article L.221-5 of the Code de la consommation:
The consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation on the part of the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of his request, free of charge and without any major inconvenience to him.
If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer asks for the goods to be repaired, but the seller requires them to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :
1º The trader refuses to repair or replace the goods;
2º The goods are repaired or replaced after a period of thirty days;
3º The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;
4º The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring the goods into conformity
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand.
The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.
Any period of immobilisation of the goods with a view to their repair or replacement suspends the warranty that was in force until delivery of the repaired goods.
The rights mentioned above result from the application of articles L.217-1 to L.217-32 of the Code de la consommation.
Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300.000 euros, which may be increased to 10% of average annual sales (article L.241-5 of the Code de la consommation).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the Code Civil, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.
Annex 2: Withdrawal policy
Principle of withdrawal
In principle, the Customer has the right to retract by returning or returning the Product to the Seller, without giving any reason, except for the products and services indicated in article L. 221-28 of the Code de la consommation and listed at the bottom of this appendix.
The Customer shall bear the direct cost of returning the goods.
To this end, the Product must be returned or restituted no later than fourteen (14) days following communication of the decision to withdraw, unless the Seller offers to collect the Product itself.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
In the event that the Customer has ordered several Products via a single Order giving rise to several Deliveries, the withdrawal period shall expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last item.
Notification of the right of withdrawal
To exercise their right of withdrawal, Customers must notify their decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to the following address: hello@akrofragrances.com.
You may also use the form below:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of hello@akrofragrances.com
I hereby notify you of my withdrawal from the GTCS relating to the sale of the Product below:
• Ordered on (◦) / delivered on (◦) ;
• Product (◦);
• (Consumer's name)
• Customer's address: (◦)
• (Customer's signature (only in the case of notification of this form on paper))
• Date: (◦)
In order for the withdrawal period to be respected, the Customer must send its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all sums paid, including the cost of Delivery, without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw (article L. 221-24 of the Code de la consommation).
Unless it offers to collect the Products itself, the Seller may defer reimbursement until the Products have been collected or until the Customer has provided proof of dispatch of the Products, whichever is the earlier.
The Seller will make the refund using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund will not incur any costs for the Customer.
Return procedure
In any event, the Customer must return the goods to the Seller at the following address: 19 rue de Belfort - Cannes (06400), no later than fourteen (14) days after communicating his/her decision to withdraw from these GTCS.
This period is deemed to have been respected if the Customer returns the goods before the fourteen (14) day period has expired.
Return costs
The Customer shall bear the direct cost of returning the goods.
Condition of the returned good
The Product must be returned in accordance with the Seller's instructions and include all the accessories delivered.
The Customer shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. Products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection are excluded from the right of withdrawal as set out below.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases (Article L. 221-28 of the Code de la consommation):
• The supply of services fully performed before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the trader;
• The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
• The supply of goods made to the consumer's specifications or clearly personalised;
• The supply of goods likely to deteriorate or expire rapidly;
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• The supply of goods which, after delivery and by their nature, are indissociably mixed with other articles;
• The supply of alcoholic beverages the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
• Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• Concluded at a public auction;
• The supply of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities to be provided on a specific date or at a specific time;
• The supply of digital content without a physical medium, the performance of which has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, where :
- he has given his prior express consent for performance of the contract to begin before the end of the withdrawal period; and
- he has acknowledged that he will lose his right of withdrawal; and
- The trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13 of the Code de la consommation.
Appendix 3. Delivery policy
Delivery Zone
Products are dispatched to the delivery address(es) indicated by the Customer during the Order process.
Dispatch times
The lead times for preparing an Order and then drawing up the invoice, prior to dispatch of Products in stock, are indicated on the Site. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the Customer when the Products are dispatched, provided that the e-mail address entered in the registration form is correct.
Delivery times and costs
During the Order process, the Seller informs the Customer of the possible delivery times and methods for the Products purchased. Shipping costs are calculated according to the delivery method, the weight of the parcel and the delivery address.
The amount of these costs will be payable by the Customer in addition to the price of the Products purchased.
Delivery times and costs are detailed on the Site.
Delivery methods
The following delivery methods are available:
• Colissimo : https://www.laposte.fr/conditions-generales#ancreA1
• Mondial Relay : https://www.mondialrelay.fr/envoi-de-colis/conditions-generales-de-vente/
In the event of absence, a delivery notice will be left for the Customer to collect the parcel from the post office.
Delivery problems
In the event of a breach by the professional of his obligation to deliver, the Customer may avail himself of article L. 216-6 of the Code de la consommation, which provides for the possibility :
• Notify the suspension of payment of all or part of the price until the professional complies, under the conditions of articles 1219 and 1220 of the Code Civil;
• Rescind the contract if, after giving formal notice to the trader to deliver the goods within a reasonable additional period, he fails to do so within that period.
The contract shall be deemed to have been terminated on receipt by the Seller of the letter or writing informing it of such termination, unless the Seller has performed in the meantime.
The Customer may immediately cancel the contract:
• When the professional refuses to deliver the Product or when it is clear that he will not deliver the goods;
• When the professional does not fulfil his obligation to deliver the Product on the date or at the end of the period provided for in article L. 216-1 of the Code de la consommation and when this date or this period constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the Customer before the conclusion of the contract.
When the contract is terminated under the aforementioned conditions, the Seller shall reimburse the Customer for all sums paid, at the latest within fourteen (14) days of the date on which the contract was terminated.