Terms and conditions of sale

Preamble

These general terms and conditions of sale apply to all sales concluded on and off the Agorane website.
The Agorane website is a service of :

Agorane - Kara SAS
located 320 Rue Saint-Honoré 75001 Paris France
website address: v2.agorane.com
e-mail address: contact@agorane.com

The Agorane website sells the following products: Food and Non-Food products. The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article 1 - Principles

These general terms and conditions express the entirety of the parties' obligations. They constitute the sole basis of the commercial relationship between the parties, and the purchaser is deemed to accept them without reservation. These general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers. Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale should be lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France. The present general terms and conditions of sale will be communicated to any buyer who requests them, in order to enable him/her to place an order. The present general terms and conditions of sale are applicable until December 31, 2023.

Article 2 - Contents

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and products offered by the seller to the buyer. The present conditions only concern purchases made on this website and delivered exclusively in mainland France. For deliveries to French overseas departments and territories or outside France, please let us know so that we can provide you with a specific quotation.

Article 3 - The order

The buyer places his order online, from the online catalog and using the form on the site. In order for the order to be validated, the buyer must accept the present general conditions by clicking where indicated on the site. Acceptance will result in a confirmation e-mail being sent by the seller, in accordance with the conditions described below. The buyer must choose the delivery address and method. Payment may be made by bank card, credit card in instalments or deferred payment, or bank transfer. Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below. In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved. In the event of unavailability of an ordered product, the buyer will be informed by e-mail. The order for this product will then be cancelled and reimbursed if necessary, while the rest of the order remains firm and definitive.
For any questions relating to the follow-up of an order, the purchaser may: send an e-mail to the following address: contact@agorane.com.

Article 4 - Electronic signature

On-line payment by the purchaser and final validation of the order will constitute proof of the purchaser's agreement. This will enable the seller to obtain payment of the sums due under the purchase order, and will constitute signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the purchaser is invited to contact the seller as soon as this is discovered, by sending an e-mail to the following address: contact@agorane.com.

Article 5 - Order confirmation

Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the purchaser on the order form.

Article 6 - Proof of transaction

Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 7 - Product information

The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last. The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation. Product photographs are not contractual.

Article 8 - Prices

Calculation

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date. Prices are given in euros. They do not include VAT or delivery charges, which are invoiced in addition and indicated before the order is validated. Full payment must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments. Should one or more taxes or contributions, notably environmental, be created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.

Price reduction

The purchaser may benefit from special discounts and rebates where applicable, in accordance with the special conditions specified when the order is placed.

Article 9 - Method of payment

This order constitutes an obligation to pay, which means that placing the order commits the buyer to proceeding with payment. Payment may be made by bank transfer, Carte Bleue, or direct debit, using the payment service provided by Hokodo. The purchaser must enter his/her bank or credit card details in the space provided.

Hokodo offers certain customers the possibility of a consumer credit. The conditions and price of this credit are defined by Hokodo. This eligibility allows customers to defer payment, with a grace period of 30 days after invoicing.

Following the order, three emails will be sent to the buyer. The first two emails, from Agorane, will respectively contain the order details and the associated invoice. A third email will be sent by Hokodo, providing detailed information on the chosen payment method, associated instructions and, where applicable, the terms of the consumer credit.

In the event of consumer credit use, reminder e-mails will be sent by Hokodo to remind you of due dates or to report any late payments.

The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by officially accredited bodies or in the event of non-payment. This includes the right to refuse delivery or to honor an order from a buyer who has not fully or partially settled a previous order, or with whom a payment dispute is being processed.

To ensure the security of transactions, the seller has set up an order verification procedure to prevent fraudulent use of bank details. As part of this verification process, the buyer may be asked to provide the seller with a copy of an identity document and proof of address by e-mail. The order will only be validated once the seller has received and verified the documents provided. The price is payable in full in a single instalment on receipt of the order. The effective date of payment will be indicated on the invoice sent to the buyer.

Article 10 - Product availability

Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Delivery times run from the order registration date indicated on the order confirmation e-mail.

For deliveries in France (mainland), the delivery time is 5 working days from the day after the buyer places the order. For deliveries to French overseas departments and territories or outside France, please let us know so that we can provide you with a specific quotation. In the event of delay, the seller cannot be held responsible, for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever may be made by the purchaser. In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The purchaser will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.

Article 11 - Delivery terms

Delivery is made only after confirmation of payment by the seller's bank.
Delivery is made within the period specified in article 10, from receipt by the seller of the order form.

Any delay of more than 2 weeks may lead to cancellation of the sale. In this case, any advance payments or payments made at the time of ordering will be returned to the purchaser. Payment made at the time of order will be returned to the purchaser.
In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the sale.

Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and within the time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged). The buyer must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.

This verification is considered to have been carried out once the purchaser, or a person authorized by the purchaser, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) at the latest, and send a copy of this letter by fax or ordinary mail to the seller at the address given in the site's legal notice.

If products need to be returned to the seller, a request for their return must be made to the seller within 7 working days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 12 - Delivery errors

The buyer must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.

The claim can be made: using the following e-mail address contact@agorane.com

Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.
Return shipping costs are at the seller's expense.

Article 13 - Product warranty

The seller guarantees the purchaser against any lack of conformity of the services and any latent defect arising from a defect in the design or supply of the said services, to the exclusion of any negligence or fault on the part of the purchaser.

In any event, should the seller be held liable, the seller's warranty will be limited to the amount paid by the buyer for the purchase of the goods, exclusive of VAT.

Article 14 - Right of withdrawal

As the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for in the French Consumer Code.

Article 15 - Force majeure

Any circumstances beyond the control of the parties, which prevent the performance of their obligations under normal conditions, are considered as grounds for exoneration from the obligations of the parties and lead to their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the parties' control and which the parties are unable to prevent, despite all reasonable efforts to the contrary. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.

Article 16 - Partial non-validation

If one or more clauses of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other clauses will retain all their force and scope.

Article 17 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 18 - Applicable law

These terms and conditions are governed by French law.
The parties undertake to seek an amicable solution to any dispute arising from the interpretation or performance of the Contract.
If they fail to do so, the parties will submit the dispute to the Commercial Court.

Article 19 - Collection of personal data

Data collected: The personal data collected on this site are the following:

Account opening: when the user's account is created, his/her surname, first name, e-mail address; telephone number; postal address; ;

Connection: when the user connects to the website, the latter records, in particular, his/her surname, first name, connection data, usage data, location data and payment data.

Profile: by using the services provided on the website, you can create a profile, which may include an address and telephone number.

Payment: when paying for products and services offered on the website, the website records financial data relating to the user's bank account or credit card.

Communication: when the website is used to communicate with other members, data concerning the user's communications is stored temporarily.

Cookies: cookies are used for site usage. Users can deactivate cookies via their browser settings.

Use of personal data

Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes:

access and use of the website by the user ;
management and optimization of the website ;
organization of the conditions of use of the Payment Services ;
verification, identification and authentication of data transmitted by the user ;
offer the user the possibility of communicating with other users of the website;
implementation of user assistance ;
personalize services by displaying advertisements based on the user's browsing history and preferences;
prevention and detection of fraud, malware and security incident management ;
management of any disputes with users ;
sending commercial and advertising information, according to the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has signed contracts;
when the user publishes publicly accessible information in the free comment areas of the website;
when the user authorizes a third-party website to access his/her data;
when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data for the purposes of providing these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and judicial proceedings;
if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the Internet.

Implementing user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise at the following address contact@agorane.com :

They can update or delete their personal data by logging into their account and configuring its settings;
they can delete their account, by writing to the following e-mail address contact@agorane.com Please note that information shared with other users, such as forum postings, may remain publicly visible on the website, even after their account has been deleted;
they may exercise their right of access to their personal data by writing to the following e-mail address: contact@agorane.com. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy;
if the personal data held by the website is inaccurate, they may request that the information be updated, by writing to the following e-mail address: contact@agorane.com;
users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@agorane.com.

Evolution of this clause

The website reserves the right to modify this privacy policy at any time. If a modification is made to the present personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she may delete his/her account.