Livraison en point relais offerte à partir de 55€ et à domicile à partir de 65€ en France metropolitaine

General Terms and Conditions Aynosens online store

Up to date 10/20/2020

The company AYNOSENS, a limited liability company with a single shareholder with capital of € 7,500 domiciled at 2 rue d’Austerlitz – 31000 Toulouse and registered with the Toulouse “Registre du Commerce et des Sociétés” under number 878 527 027, operates an online commerce site accessible via the internet at the address www.aynosens.com.

Contact: contact@aynosens.com

AYNOSENS markets under its brand certified organic cosmetic products for babies, children and teenagers, exclusively for an external use (hereinafter the “Products”). All the Products offered for sale are available on the website www.aynosens.com (hereinafter the “Site”).

These General Terms and Conditions (hereinafter the “GTC”) apply without restriction to all sales concluded by AYNOSENS to consumers and non-professional buyers (hereinafter the “Customers” ), wishing to acquire the Products offered for sale by AYNOSENS on the Site.

They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.

The GTC express all the obligations of AYNOSENS and the Customer. In this sense, the Customer is deemed to accept them without reservation. They apply to the exclusion of all other conditions or documents and exclusively regulate the relationship between AYNOSENS and the Customer.
The GTC are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.

AYNOSENS reserves the right to modify the GTC at any time, without notice, it being understood that such modifications will be inapplicable to reservations and to orders previously accepted and confirmed by the Customer.

3.1 Products

The Products offered for sale by AYNOSENS are those presented on the Site on the date of consultation by the Customer, within the limit of available stocks.

The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Site.
The Customer is required to read it before placing an order.
The choice and the purchase of a Product are the responsibility of the Customer.

The pictures and graphics presented on the Site are not contractual and cannot engage the responsibility of AYNOSENS.

The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in French and is the subject of a confirmation at the latest at the time of the validation of the order by the Customer.

The Products presented on the Site are offered for sale for the following territories: Metropolitan France (including Monaco and Corsica), Luxembourg and Belgium.

AYNOSENS may occasionally make certain offers, including sets containing an assortment of Products. In this case, AYNOSENS reserves the right to modify the assortment of Products concerned depending on constraints linked to its suppliers.

3.2 Price

The prices of the Products are indicated in euros, including  all taxes and the VAT applicable in France on the date of the order. The prices indicated do not take into account delivery costs which will be invoiced in addition and will be specified to the Customer at the time of the final validation of his order.

The Customer accepts that AYNOSENS reserves the right to modify the price of its Products at any time. The Products will be invoiced on the basis of the prices in force at the time of validation of the order by the Customer, subject to the availability of said Products.

In the event of discounts, these will be applied to the order in the Customer’s basket, if he meets the conditions to benefit from them and if he has correctly entered the corresponding promotional codes.

4.1 Navigation within the site

The Customer can learn about the different Products offered for sale by AYNOSENS on its Site.
The Customer can browse freely on the different pages of the Site, without being committed to an order.
The Customer is responsible for the telecommunication costs when accessing the Internet and using the Site.

4.2 Orders

The Customer, prior to his order, declares that the purchase of Products on the Site is not directly related to a professional activity and is limited to his strictly personal use.
The Customer, prior to his order, declares to have full legal capacity allowing him to engage under these general terms and conditions.

Any order that clearly does not correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be such, will be considered by AYNOSENS as null and void.

If the Customer wishes to place an order, he will choose the different Products in which he is interested, and will express said interest by clicking on “Add to basket”.

At any time, the Customer can:

  • obtain a summary of the Products he has selected or modify his order by clicking on “My Basket”, accessible at the top right of each page
  • continue to select Products by clicking on the icon “Continue shopping” or end the selection of Products and place an order by clicking on “Confirm my order”

Thus, to order the Products he has chosen, the Customer will click on “My basket”. He will then be able to check the status of his order thanks to the summary that will appear on the screen. If the list presented to him corresponds to the Products he has chosen, the Customer will validate the summary by clicking on: “Confirm my order”. The Customer must sign up by entering his e-mail address and his password if he has a customer account, or by accurately completing the form made available to him, on which he will include the necessary information to his identification : his name, first name, postal address and e-mail address.

The Customer is informed and accepts that entering any username constitutes proof of his identity and manifests his consent.

4.3 Final validation and payment of the order

After having read the status of his order, and once all the requested information has been completed by the Customer, he will choose the delivery and the billing address and click on “next”.

Then the Internet user can choose his delivery method, he will have the choice between:

  • Home delivery
  • Delivery to a Pick-up Point
  • Express home delivery

By clicking on “next”, he will choose the means of payment he wishes to use to pay for his order, among the following:

  • Credit card (Carte Bleue, Visa and Master Card)
  • Paypal

If the Customer were to pay for his order with a credit / debit card other than French, any commission or other cost related to the payment which would be charged by his bank, will not be borne by Aynosens.

From that moment on, the Customer becomes a buyer.

He has registered his order and is considered to have accepted with full knowledge of the facts and unreserved the GTC, prices, volumes and quantities of the Products offered for sale and ordered.

The order will become irrevocable upon receipt of the full amount by Aynosens company. The order form will be recorded in the computer records of Aynosens, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Customer and AYNOSENS.

In the event of payment by credit card, the Customer will be automatically redirected to SP+ electronic payment server. It is specified that this server is subject to SSL (Secure Socket Layer) in order to more effectively protect all data related to means of payment, and that at no time, the Customer’s banking data will transit through Aynosens computer system. The bank account will be debited on the day of the order.

In case of rejection of the Customer’s payment by the bank, AYNOSENS will not be able to honor the Customer’s order and reserves the right to cancel it and sell the Products to another User.

Products remain the property of Aynosens until full payment of the price indicated, including costs and taxes. Legal ownership of the Product (s) will immediately return to Aynosens in the event of an order refund.

4.4 Order confirmation

When the Customer confirms his order and his payment, a summary is displayed and mentions in particular the transaction number.
This summary is also sent to the Customer in an order confirmation email.
This confirmation includes all the constituent elements of the contract between the Parties.
Then, when the order is prepared and shipped, a shipping confirmation email is also sent to the Customer.

In the event of unavailability of the Products after placing the order, the Customer will be informed as soon as possible by e-mail. AYNOSENS will then deliver the Order without the Product affected by this unavailability. The amount paid by the Customer for said Product will be reimbursed by AYNOSENS within twenty-five (25) working days following this incomplete delivery.

The Customer must pay the full amount when ordering. The sums paid cannot be considered as a deposit or advance payment.
All orders are payable in euros.
The Client guarantees to AYNOSENS that he is authorised to use the payment method he has chosen when registering the order form.
AYNOSENS reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution, in the event of non-payment of any sum that would be due by the Customer, in the event of a payment incident or in the event of an existing dispute with the Customer.
Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to unpaid amounts including tax at the end of a period of ten days following the invoice date or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of a payment incident on a previous order, notwithstanding the provisions hereof.
As part of the fight against fraud on the Internet, information relating to your order may be transmitted to any third party for verification.

Delivery of the Products can only be made in mainland France (including Corsica and Monaco), Luxembourg and Belgium.

The delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of the order validation.
They will appear on a specific line separate from that specifying the price of the Products.
It is expressly specified that the amount of delivery costs may vary depending on the territory of delivery of the Products and possibly the area (mountains, islands, difficult to access, etc.), which the Customer expressly acknowledges and accepts.

The products will be shipped within an average of 48 hours to 72 hours (excluding weekends and public holidays). These deadlines run from the day following receipt of payment from the Customer to AYNOSENS.
Orders placed and confirmed before 12 a.m. Monday to Thursday will be shipped the same day. Orders placed and confirmed after 12 a.m. Monday to Thursday will be shipped the next day. Orders placed and confirmed on Friday after 12 a.m. will be shipped the following Monday.

The usual delivery times, following the confirmation and preparation of your order, are as follows:

  • Home delivery: 48 to 72 hours
  • Delivery to a Pick-up Point: 48 to 72 hours
  • Express home delivery: The next day before 1 p.m. (except weekends and public holidays)

These deadlines are given for information only.
Any possible overrun may not give rise to damages, deduction or cancellation of the order by the Customer.

6.1 Delivery terms

The products will be delivered to the delivery address indicated by the Customer on the order form. This must be consistent with the geographic area chosen during the order.

AYNOSENS cannot be held responsible in the event of an excessively long delivery time due to the carrier, nor in the event of loss of the Products ordered or strikes by the postal services.

In the event of a delay in delivery, the Customer must report this delay as soon as possible by contacting customer service at the following address: contact@aynosens.com

Upon receipt of the Products ordered, the Customer must check the Products compliance. Any anomaly concerning the delivery (missing or broken product, damaged package, etc.) must be reported by the Customer on the receipt given by the carrier at the time of the order delivery and must be notified on the same day of the receipt or no later than the first working day following receipt, by e-mail to contact@aynosens.com

Any complaint made after this period will be rejected and AYNOSENS will be released from any liability.

AYNOSENS cannot be held responsible for the proper performance of the carrier’s obligations insofar as the resulting failure to perform or poor performance of its obligations towards the Client is attributable to the latter or to an unforeseeable and insurmountable event by a third party to the distance selling contract concluded with the latter or to a case of force majeure (cf. art. L.121-20-3 of Code de la consommation (French Consumer Code)).

6.2 Retraction Right

In accordance with article L.221-5 and articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) clear days from the date of receipt, to return at its expense the products ordered, for reimbursement.

The products must be sent to the following address:

EFILOG
ZI Ouest
18 rue des Frères Chappe
72200 La Flèche

Download the withdrawal form.

AYNOSENS will not accept packages whose shipping costs have to be paid on arrival.

The products must be returned to EFILOG in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), without having been used, duly sealed, and accompanied by the invoice or by the delivery slip.

We can accept returns and reimburse only orders placed on the Site www.aynosens.com.

When a Customer returns Products, all risks related to the return of the Products are the responsibility of the Customer.

The buyer must attach the withdrawal form to the returned products, or written on any lasting material the following information: number and date of the order, date of receipt, name, address and signature of the consumer (s), dated.

If the aforementioned conditions are met, AYNOSENS will exchange the Products or reimburse the Customer, within thirty calendar days (30 days), the sums corresponding to the Products acquired.

The Customer is advised to keep proof of the shipment of his package, provided by the postal services. In the event of non-receipt of the package and without proof of its proper distribution by the postal services, AYNOSENS cannot be held liable.

6.3 Returns

The products are under the responsibility of the Customer from the reception of the order. It is important that the returned Product (s) are intact with the original packaging.

AYNOSENS will not be able to accept returned Products that have been unsealed or used, unless the reason for the return is because the Product is damaged or defective. If the non-defective Products have been unsealed or used by the Customer, AYNOSENS informs the Customer that no refund will be possible. In such a case, AYNOSENS will destroy the returned Products.

6.4 Refund

The reimbursement of the returned Product (s) will take place, using the same means of payment as the one used when ordering, within a maximum period of thirty (30) calendar days from the date of receipt by AYNOSENS of the returned package. Returns received by AYNOSENS that are not sent back according to the procedures mentioned above may not be reimbursed by AYNOSENS.

The Products sold on the Site comply with the regulations in force in France and have performance that are compatible with non-professional uses.

In accordance with legal provisions, the Products sold on the Site benefit from the guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective and non-compliant Products free of charge.

7.1 Legal guarantee of conformity

The French Consumer Code provides that:

Article L. 217-4: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He also answers for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5: To comply with the contract, the goods must:

  1. Be suitable for the use usually expected of a similar good and, where applicable:
    correspond to the description given by the seller and have the qualities that the seller described to the buyer in the form of a sample or model;
    have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
  2. Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-7 French Consumer Code: The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods  or the alleged lack of conformity
Article L. 217-8 French Consumer Code: The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by citing a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.
Article L. 217-9 French Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer’s choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L. 217-10 French Consumer Code: If the repair and replacement of the good is impossible, the buyer can return the good and get a refund or keep the good and have part of the price back.

The same option is open to him:

  1. If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
  2. Or if this solution cannot be without major inconvenience for the latter given the nature of the good and the use he is seeking.

However, the sale may not be rescinded if the lack of conformity is minor.
Article L. 217-11 of the French Consumer Code: The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer.
These same provisions do not prevent the allocation of damages.

Article L. 217-12 French Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

7.2 Guarantee against hidden defects

The French Civil Code provides that:

Article 1641 of the French Civil Code: The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known about them.

Article 1644 of the French Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of sending back the item and having a refund, or keeping the item and having part of the refund.

Article 1645 French Civil Code: If the seller is aware of the defects of the thing, he is liable, in addition to the refund of the price he received, for all damages to the buyer.

Article 1646 French Civil Code: If the seller was unaware of the defects in the thing, he shall only be bound to refund the price and to reimburse the buyer for the costs incurred by the sale.

Article 1648 of the French Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be discharged from the defects or apparent lack of conformity.

AYNOSENS cannot be held responsible for any damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or from the improper use of the Products sold.

Products modified, repaired, integrated or added by the Customer are thus excluded from warranty. The warranty will not cover Products damaged during transport or due to improper use by the Customer.

The responsibility of AYNOSENS will, in any case, be limited to the amount of the order including tax.

AYNOSENS complies with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018, known as the European Data Protection Regulation.

In the context of creating a customer account and placing orders, AYNOSENS collects personal data, this information being necessary for the processing and delivery of orders as well as for drawing up invoices.
Failure by the Client to provide the requested information will result in the automatic rejection of the order.

The data collected is subject to computerised processing for the following purposes: get to know the customer, manage the commercial relationship and statistical studies.

They are covered by our commitment to confidentiality and are only likely to be communicated to third parties to meet legal and regulatory obligations.

The Customer has a permanent right of access, modification, rectification and deletion of his/her data. To exercise this right, the Customer must contact Customer Service :

By post :

Aynosens
2 rue d’Austerlitz
31000 Toulouse

By email: contact@aynosens.comMiscellaneous stipulations 

9.1 Intellectual property

The content of the Site (including technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights over this content.

The Customer undertakes not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.

9.2 Responsibility

AYNOSENS cannot be held responsible for failure of the contract in the event of a stock shortage or unavailability of one or more Products due to a case of force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and / or communications.

9.3 Partial invalidity

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and impact.

9.4 Entire contract

The GTC and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Customer and AYNOSENS.

In the event of any contradiction between these documents, the GTC will prevail.

9.5 Applicable law and competent jurisdiction

The contract concluded between AYNOSENS and the Customer is subject to French law.

All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions could give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved between the vendor and the Client, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any case resort to conventional mediation, in particular with “Commission de la médiation de la consommation” (Consumer Mediation Commission) (French Consumption code article L 612-1).

Prior to any action, the Customer will first contact AYNOSENS to obtain an amicable solution.

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