Information – field of application
The commercial website www.ambassade-excellence.com (hereinafter referred to as the “Website”) promotes French excellence in all its expressions and distributes brand names of French savoir-faire (hereinafter referred to as the “Product(s)”).
The Website is the property of Ambassade Brands Abroad (hereinafter referred to as “ABA”), a simplified joint-stock company with a capital of 5,000 euros and registered office located at Pech Del Bouys, 82150 Montaigu de Quercy, registered at Montauban with number 809 281 579 and whose European Union VAT number is FR 51 522 933 027.
The present General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) are exclusively applicable to all sales of Products completed on the Website between ABA and the non-professional consumer-users buying Products on the Website (hereinafter referred to as Customers). The sale of Products to professional clients is controlled by specific conditions.
Customers declare to have acknowledged and accepted the present general terms of sale before placing their order. The order validation means Customers have accepted the GTCS without restrictions or reservations.
ABA reserves the right to change these terms and conditions at its sole discretion. The GTCS are applicable as long as they are placed on the Website.
All orders imply acceptance of the Products’ prices available for sale.
Orders placed on the Website bind Customers as of reception by ABA’s customer service of the order and of its regulations. The sale is formed at confirmation of the order subject to payment of Products by Customers as outlined below.
Offers of Products and prices are valid as long as they are visible on the Website, within the limits of available stock. Some errors may exist exceptionally, notably in the case of simultaneous orders of a same Product by several Customers.
In the eventuality of a Product’s unavailability after the order has been placed by the Customer, ABA will inform the Customer by email or by telephone at the earliest opportunity, either proposing that the Customer orders another article presented on the Website as a replacement or that he cancels the order.
ABA does not incur any liability in the eventuality of insufficient inventory of Products.
ABA reserves the right to change the Products proposed on the Website at any time.
Certain Products are manufactured when ordered and have a delivery delay of several weeks.
2- Ordering process
Customers are invited to follow the ordering process as indicated on the Website.
For every Product selected on the Website, a summary page will automatically appear, with a photo of the Product, its colours and references, the chosen quantity, its unit price and the total price of the order. Customers must check the accuracy of their selection before confirming their order. The utmost care is taken to ensure that the colour and patterns of the Products on photos shown on the Website are faithfully reproduced, but some variations may occur, namely because of technical limitations of colour rendering on Customers’ computing equipment. Consequently, ABA cannot be held responsible for errors or inaccuracies in photographs and/or graphic representations of Products on the Website.
– If Customers have questions about the Products or the order, they may contact the ABA Customer Service at the following address: email@example.com (hereinafter referred to the Customer Service).
– When filling in their order, Customers are invited to be accurate about title, surname, first name, telephone, email address, billing and delivery addresses if these are different.
Delivery to a country that is not mentioned on the Website when the order is placed is impossible.
ABA reserves the right to not accept the order of Customers with whom they are in dispute about a precedent order, or if ABA reasonably estimates that Customers veinfringed the GTCS or have been engaged in fraudulent activity or for any other legitimate matter.
A confirmation of the order will be addressed to Customers by electronic mail. Customers have the possibility of creating an account in order to save the billing and delivery data for later orders. Customers will be asked to create their own passwords for an ulterior usage of their account.
Customers are solely responsible for keeping their confidential identifiers without communicating them to third parties. Consequently, any purchase made through these identifiers will be considered as been made by themselves as pass holders. In the event of loss, theft or abusive use of the password, Customers must immediately inform ABA’s Customer Service.
Customers can deactivate their account at any time by sending an email to the Customer Service. After the account’s deactivation, Customers are free to create a new account at any time.
If Customers desire to have an invoice, they may ask ABA’s Customer Service for one.
The registered data by the Website constitute the proof of the transactions between ABA and their Customers. In the event of a conflict between ABA and one of their Customers concerning a transaction made on the Website, the registered data by ABA will be considered as irrefutable evidence of the content of the transaction.
Pursuant to article L. 134-2 of the French Consumer Code and the decree 2005-137 from 16 February 2005, when an order is for an amount greater than or equal to €1200, ABA keeps the verbiage stating that the contract concluded between ABA and Customers by electronic mail for the period of time from the start of the contract to the Product’s delivery and during a delay of ten years from the date of the Decision. Customers may have access to this document at any time upon request and justification of their identity by writing to firstname.lastname@example.org.
Prices and payment
Products are charged at current rates on the date of the service. Prices are indicated in euros inclusive of VAT, except costs carriage.
Payment of orders is effectuated on line immediately by credit card (Amex®, MasterCard®, Visa®, Carte Blue®) or by credit transfer. Orders superior to 2000 euros inclusive of VAT must be made by credit transfer.
Products are delivered only after payment has been verified and debit authorization of credit card or bank account opened by ABA in the event of credit transfer.
For countries outside of the European Union, the delivery charge is indicated in euros inclusive of VAT, as well as additional customs duties to be paid by the Customer. These duties and taxes must be paid directly by the Customer to the transporter upon delivery.
No returns will be accepted if taxes and duties have not been paid.
Withdrawal – returns – exchanges
Pursuant to Article L. 121-16 of the French Consumer Code, Customers dispose of a delay of 14 (fourteen) days as from the delivery of their order to return the Products to ABA for exchange or reimbursement, without penalty, with the exception of return expenses. The returned Products must not have been used or spoiled, and must be in excellent condition and in their original packaging, ready to be re-commercialized. In accordance with the provisions of Article L.121-21-8 of the French Consumer Code, the Products made to order and/or according to the specifications of Customers or clearly personalized are not covered by the present Withdrawal contracts and are not subject to replacement or refund.
In the a-case of a return delivery, Customers will contact the Customer Service. The Service will inform Customers of the address to which they should send back the Products.
In the event of an exchange:
– If the cost of the replacement Products is superior to the cost of the returned Products, Customers should pay the difference according to the present GTCS.
– Customers must specify on their invoice or invoice copy of they wish to exchange Products or be reimbursed for returned Products.
In the event of an exchange, transport expenses of the second expedition must be paid by Customers.
In the event of a claim for refunds:
In accordance with applicable law, Customers will be refunded within 14 working days of receipt of the returned Products or proof of expedition of the Products in the same way as the original payment method used when ordering.
ABA will not be held responsible in the event of loss, sending to a wrong address or delays in delivery of Products that Customers wish to return, insofar as Customers alone are responsible for the risks of transport they choose.
Delivery transport expenses
Products are sent directly by the partner brands to the address given by Customers, within the delay at the time the order was placed subject to the entire global payment.
By no means will ABA be held responsible for deterioration of the Products if they are collected late or not collected from the carrier.
For security reasons, ABA will not process any requisitions for post office boxes or Cedex addresses.
Products will be sent to the delivery addresses given by Customers during the ordering process. ABA will not be held responsible for inaccurate addresses.
Expedition costs are indicated when ordering.
During the ordering process, ABA informs Customers of delays and possible expedition formulas for purchased Products and chosen countries of delivery. Delivery costs are additional to Products purchased by Customers.
Any late delivery or failure to deliver superior to eight (8) working days must be signalled to the Customer Service at the earliest opportunity.
Any complaint made later than thirty (30) working days from the date of the order will not be considered.
It is the responsibility of the Customer to examine the Products upon delivery and to indicate, if possible on the delivery statement, in the form of handwritten reserves accompanied by his signature, the anomalies detected (open packaging, damaged Product, deliveries that do not comply with the order, etc.).
Customers must then contact Customer Service by email.
Highly damaged packing must be refused upon reception. Deliveries that do not comply with the order must be signalled at the latest 8 days after reception.
Reservation of ownership
Ordered Products remain the property of ABA and/or the partner brands until the entire payment has been effected to ABA in accordance with the statutory provisions.
Customers assume the risks (namely loss, theft or deterioration) concerning delivered Products from the date of the delivery.
Products proposed by the Website are in compliance with the French legislation in force. ABA is not held responsible in case of non-respect of the legislation of the country where the Products are delivered. Customers must verify the possibilities of importation or usage of Products they wish to order with the local authorities. Photographs and texts reproduced that illustrate the Products are not contractual. Consequently, ABA’s responsibility will not be engaged in the non-execution of the concluded contract in case of stock shortage or unavailability of Products, in the event of force majeure, perturbation, total or partial strike namely of postal services and means of transport and/or communication, flooding or fire.
Limitation of responsibility
ABA shall in no event be held liable to You or any third party for any indirect, incidental, special or consequential damage – which includes, without this being exhaustive, loss of benefits or any other indirect loss -, resulting from the use or inability to use of the Website, even if ABA has been informed of the possibility of these damages.
Absence of guarantee
ABA cannot guarantee and affirm:
– that the Website is exempt from viruses, data overwriting programs, Trojans or other destructive or damaging programmes;
– that the information on the Website is accurate, complete or current at all times.
The Website may contain technical imprecisions or other defaults, and ABA does not guarantee the correction of these defaults. The Website and its content are presented “as such” and “in accordance with availabilities.”
ABA expressively excludes any warrant of any nature, whether express or implied and, in particular, without this list being in any way restrictive, any implicit warranties regarding the suitability or fitness of the Website or its contents for particular or specific purposes, of their quality or of their non-infringement of any legal provision.
10 – PERSONAL DATA
Personal data stored in relation to usage of the Website for purchases of Products will only be used with regard to the order, for Customer satisfaction enquiries and the eventual sending of a newsletter (with Customer acceptance).
These personal details are treated in accordance with French and European laws.
In application of these rules, Customers are entitled to access, change, correct and delete this personal information at any time by making a request to : Contact@ambassade-excellence.com in compliance with the relevant provisions.
Applicable law – lawsuits
The present GTCS are governed and construed in accordance with French law without regard to any conflict of law principles to the contrary. The present GTCS do not hinder the Website’s respect of existing public sector policies in the rules of European countries from where Customers have placed provided they are domiciled there. The GTCS are written in French.
The General Terms and Conditions of Sale are subject to French law.
In the event of litigation, French courts only will be qualified.