General terms and conditions of sale
These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by an Internet user / individual (hereinafter the “CUSTOMER”) on the website www.aquavitex.com (hereinafter the “WEBSITE”) from AQUAVITEX – AFI DISTRIBUTION (hereinafter the “SELLER”) :
LLC registered in the Nantes Trade and Companies Register under the number: 793 187 352
Head office :
16 rue de l’Artisanat
44450 Saint Julien de Concelles
France
Contact :
Phone : 02 85 52 42 23
Email : contact@aquavitex.com
IMPORTANT
Any order placed on the WEBSITE implies the CUSTOMER’s unconditional acceptance of these general terms and conditions of sale.
Article 1. Definitions
The terms used below in these General Terms and Conditions have the following meanings:
- “CUSTOMER”: refers to the co-contracting party of the SELLER, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
- « DELIVERY »: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated at the time of the order.
- « PRODUCTS »: refers to all products available on the WEBSITE.
- « TERRITORY » : refers to Metropolitan FRANCE (excluding French Overseas departments and territories).
Article 2. Subject
These General Terms and Conditions determine the sale of PRODUCTS by the SELLER to his/her CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the general terms and conditions
The CUSTOMER undertakes to read these General Terms and Conditions carefully and accept them, before proceeding with the payment of an order of PRODUCTS placed on the WEBSITE.
These General Terms and Conditions are at the bottom of each page of the WEBSITE by means of a link and must be read before placing an order. The CUSTOMER is invited to carefully read, download and print the General Terms and Conditions and to keep a copy of them.
The SELLER recommends that the CUSTOMER reads the General Terms and Conditions with each new order, the latest version of said Terms and Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then clicking on the second one to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.
Article 4. Purchase of products on the website
In order to be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity or, if they are a minor, be able to justify the agreement of their legal representatives.
The CUSTOMER will be asked to provide information allowing to identify them by filling out the form available on the WEBSITE. The symbol (*) indicates the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of their order on the WEBSITE. Tracking of DELIVERIES can be done using the online tracking tools of some carriers if necessary. The CUSTOMER can also contact the SELLER’s sales department at any time by e-mail at contact@aquavitex.com in order to obtain information on the status of their order.
The information the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, their eligibility and the given information.
Article 5. Orders
Article 5.1 Characteristics of the products
The SELLER strives to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms and Conditions).
The CUSTOMER undertakes to read this information carefully before placing any order on the WEBSITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, in particular according to constraints related to their suppliers.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2. Order procedure
Orders for PRODUCTS are directly placed on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s home page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER shall select the PRODUCT(s) of their choice by clicking on the PRODUCT(s) in question and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER’s shopping basket. The latter can then add as many PRODUCTS to their shopping basket as they wish.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping basket, the CUSTOMER must click on it and check that the content of their order is correct. If the CUSTOMER has not yet done so, they will be asked to log in or to register.
Once the CUSTOMER has confirmed the content of the shopping basket and has identified / registered, an online form automatically completed and summarizing the price, applicable taxes and, when appropriate, delivery charges, will be displayed for their attention.
The CUSTOMER is invited to check the content of their order (including the quantity, the characteristics and the references of the PRODUCTS ordered, the billing address, the payment method and the price) before confirming the content.
The CLIENT may then proceed to the payment of the PRODUCTS by following the instructions appearing on the WEBSITE and provide all the necessary information for billing and DELIVERY of the PRODUCTS. Regarding PRODUCTS for which options are available, these specific references appear when the right options have been selected. Placed orders must include all necessary information for the proper processing of the order.
The CUSTOMER must also select the chosen mode of delivery.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the WEBSITE to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address given through the registration form is correct.
The SELLER does not send any order confirmation by mail or fax.
5.2.4. Billing
During the order procedure, the CUSTOMER must enter the necessary information for billing (the symbol (*) will indicate the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all information related to the DELIVERY, in particular the exact DELIVERY address, as well as any potential access code to the DELIVERY address.
The CUSTOMER must then specify the chosen method of payment.
Neither the order form that the CUSTOMER drawn up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Date of order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE are accurate from this date.
5.4. Price
For all the PRODUCTS, the CUSTOMER will find on the WEBSITE prices displayed in euros, all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
The prices include in particular the value added tax (VAT) at the applicable rate on the date of order. Any change in the applicable rate may affect the price of PRODUCTS as of the effective date of the new rate..
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. As a result, the prices indicated on the WEBSITE may change. They can also be modified in case of special offers or sales.
The indicated prices are valid, except in case of gross error. The applicable price is the one indicated on the WEBSITE on the date the order is placed by the CUSTOMER.
5.5. PRODUCT availability
Depending on the concerned PRODUCT, the SELLER applies “just-in-time” stock management. Therefore, depending on the case, product availability depends on the SELLER’s stocks.
The SELLER undertakes to fulfill the orders received provided that the PRODUCTS are available.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT in question. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER’s resquest :
Either offer to ship all PRODUCTS at the same time as soon as out of stock PRODUCTS are available again,
Or proceed with a partial shipment of the available PRODUCTS first, then with the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional shipping costs that may be incurred,
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they shall obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the “withdrawal policy”, a policy available in Annex 1 hereto and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 7. Payment
7.1. Means of payment
The CUSTOMER may pay for their PRODUCTS online on the WEBSITE according to the means proposed by the SELLER.
The CUSTOMER guarantees the SELLER that they holds all the required authorizations to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the safety and confidentiality of the data given online as part of the online payment on the WEBSITE.
It is hereby specified that all payment information provided on the WEBSITE is transmitted to the bank of the WEBSITE and is not processed on the WEBSITE.
7.2. Date of the payment
In case of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the order for PRODUCTS is placed on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of the Article 5.5 of these General Terms and Conditions.
7.3. Late payment or refusal to pay
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service in order to pay for the order by any other valid means of payment.
If, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the money flow owed by the CUSTOMER would prove impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including all taxes will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information to track transactions and to produce a copy of the contract at the CUSTOMER’s request.
In the event of a dispute, the SELLER will have the opportunity to prove that their 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 are completely paid by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of ownership, as well as the risks of damage that they may cause.
Article 10. Delivery
The terms and conditions of DELIVERY of the PRODUCTS are set forth in the “Delivery Policy” referred to in Annex 2 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.
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 agree to abide by the same standards when returning PRODUCTS under the conditions set forth in Appendix 1 ‘ Withdrawal Policy.
Article 12. Warranty
12.1. Warranty of conformity
The SELLER shall deliver a PRODUCT that is conformed to the expected use of a similar good and corresponding to the description given on the WEBSITE. This conformity also implies that the PRODUCT has the qualities that a buyer may legitimately expect, having regard to the public statements made by the SELLER, including in advertising and on labelling.
In this context, the SELLER is liable for lack of conformity existing at the time of delivery and for lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been put at their charge or has been carried out under their responsibility.
The action resulting from lack of conformity shall be prescribed two (2) years from the delivery of the PRODUCT.
In case of lack of conformity, the CUSTOMER may request the PRODUCT to be replaced or repaired, at their choice. However, if the cost of the CUSTOMER’s choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the PRODUCT return by the CUSTOMER to the following address: 16 rue de l’Artisanat – 44 450 Saint Julien de Concelles, FRANCE.
Finally, the CUSTOMER is exempted from proving the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the good.
It is specified that this legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
12.2. Warranty of hidden defects
The SELLER shall be liable for hidden defects in the PRODUCT sold which render it unfit for the purpose for which it was intended, or which so impair such use that the CUSTOMER would not have purchased it, or would have paid a lesser price for it, if they had known of them.
This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of a part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the PRODUCT return by the CUSTOMER to the following address: 16 rue de l’Artisanat – 44 450 Saint Julien de Concelles, FRANCE.
The action resulting from latent defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect date.
Article 13. Liability
The SELLER’s liability can in no case be engaged in case of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, including when entering their order.
The SELLER shall not be held liable, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE Hence, it excludes all liability for the information published therein. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
Article 14. Personal data
The SELLER collects personal data on the WEBSITE concerning their Customers, including by means of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the WEBSITE, to manage the CUSTOMER’s account, to analyze orders and, if the CUSTOMER has chosen this option, to send the CUSTOMER commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER’s data are kept confidential by the SELLER in accordance with their declaration made to the National Commission for Data Protection and Liberties (CNIL-France), for the needs of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER’s service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to their commercial partners their CUSTOMERS’ names and contact information, provided that CUSTOMERS have given their prior consent when registering on the WEBSITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask their CUSTOMERS if they wish to receive commercial solicitations from their partners.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing to the files and freedoms, the CUSTOMER profits from a right of access, of correction, opposition (for legitimate reasons) and suppression of their personal data. The CUSTOMER can exercise this right by sending an e-mail to the address: contact@aquavitex.com or by sending a letter to : Aquavitex – 16 rue de l’Artisanat – 44450 Saint Julien de Concelles, FRANCE
It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document, or by sending the SELLER a photocopy of ther identity document.
Article 15. Complaints
The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 02 85 52 42 23 (not surcharged).
Any written complaint from the CUSTOMER will have to be sent to the following address: 16 rue de l’Artisanat – 44 450 Saint Julien de Concelles, FRANCE.
Article 16. Intellectual property
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the SELLER’s exclusive property. Any individual who publishes a website and wishes to create a direct hyperlink to the WEBSITE must request authorization from the SELLER in writing.
This SELLER’s authorization will in no case be granted definitively. This link shall be removed at the SELLER’s request. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17. General Terms and Conditions validity
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorize CUSTOMERS to disregard these General Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be determined in accordance with the practice of the retail sector, for companies whose head office is located in France.
Article 18. General Terms and Condition modification
These General Terms and Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.
The General Terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable General Terms and Conditions are those in effect at the time of the order.
Modifications to the General Terms and Conditions will not apply to already purchased PRODUCTS.
Article 19. Jurisdiction and applicable law
These General Terms and Conditions as well as the relations between the CUSTOMER and the SELLER are ruled by French law.
In case of dispute, only French courts will have jurisdiction.
However, prior to any recourse to arbitral or state judge, negotiation will be chosen before anything else in a spirit of loyalty and good faith to reach an amicable agreement in the event of any dispute relating to this contract, including those concerning its validity.
The party wishing to initiate the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties fail to reach an agreement, the dispute shall be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in respect of the dispute that is the subject of the negotiation. By way of exception, the parties are entitled to apply to the summary jurisdiction or to request an order on motion. A possible action before the court of summary jurisdiction or the implementation of a procedure on request does not entail any waiver on the part of the parties of the amicable settlement clause, unless they expressly wish otherwise.
ANNEXE 1
WITHDRAWAL POLICY
Withdrawal principle
The CUSTOMER has, as a matter of principle, the right to return or restitute the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and at the latest within fourteen (14) days from when the CUSTOMER gave their decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Withdrawal period
The withdrawal period shall expire fourteen (14) calendar days after the day the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
If the CUSTOMER has ordered several PRODUCTS in a single order resulting in several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last delivered PRODUCT.
Notification of the withdrawal right
To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement to : Aquavitex – 16 rue de l’Artisanat – 44450 Saint Julien de Concelles, FRANCE or contact@aquavitex.com.
The CUSTOMER can also use the form below:
To the attention of [*] (*SELLER’s contact information)
SELLER’s phone number*:
SELLER’s fax number* :
SELLER’s email address*:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference
Invoice number:
Purchase Order number :
– Ordered on [ ]/received on [ ].
– Payment method used :
– CUSTOMER’s name and, if applicable, the beneficiary of the order:
– The CUSTOMER’s address:
– delivery address:
– Signature of the CLIENT (except in the case of transmission by e-mail)
– Date
In order for the withdrawal period to be respected, the CUSTOMER must transmit their communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Withdrawal effects
In case of withdrawal by the CUSTOMER, the SELLER undertakes to refund all sums paid, including delivery costs without undue delay and, in any case, no later than fourteen (14) days from the date on which the SELLER is informed of the CUSTOMER’s desire to withdraw.
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 a different means, in any case, this refund will not incur any costs for the customer.
SELLER may defer refund until receipt of the goods or until CUSTOMER provides proof of shipment of the goods, whichever comes first.
Return policy
The CUSTOMER shall, without undue delay and, in any case, no later than fourteen (14) days after communication of their decision to withdraw from this contract, return the goods to : Aquavitex, 16 rue de l’Artisanat – 44 450 Saint Julien de Concelles, FRANCE.
This period is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.
Return shipping costs
The CUSTOMER shall bear the direct costs of returning the goods.
Condition of the returned goods
The PRODUCT must be returned according to the SELLER’s instructions and include all accessories delivered.
The CUSTOMER’s liability shall be limited to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but they may be held responsible if they carry out manipulations other than those necessary.
Packaging
The PRODUCTS are packaged in accordance with current transportation standards to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must meet the same standards when returning PRODUCTS. In this respect, the CUSTOMER is invited to return the PRODUCT that does not suit them in its original packaging and in good condition, suitable for re-marketing.
Exclusions of the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made according to the CUSTOMER’s specifications or clearly personalized
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of non-residential accommodation, transportation of goods, car rental, catering or services related to recreational activities if the offer includes a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the SELLER’s control
- Supply of non-supplied dematerialized digital content if performance has begun with the prior express consent of the consumer, who has also acknowledged that they will thus lose their right of withdrawal
- contracts concluded at a public auction
ANNEX 2
DELIVERY POLICY
Delivery area
The PRODUCTS offered can only be delivered on the TERRITORY
It is not possible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Delivery time
The time required to prepare an order and to issue an invoice before shipping the PRODUCTS in stock is mentioned on the WEBSITE. These deadlines do not include weekends or bank holidays.
An e-mail message will automatically be sent to the CUSTOMER upon shipment of the PRODUCTS, provided that the e-mail address in the registration form is correct.
Delivery time and costs
During the ordering process, the SELLER shall indicate to the CUSTOMER the possible delivery times and shipping formulas for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of such costs shall be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the WEBSITE.
Delivery terms
The package will be given to the CUSTOMER against signature and on presentation of an identity document.
In case of absence, a delivery notice will be left to the CUSTOMER, in order to allow them to go and collect their package in their post office.
DELIVERY problems
The CUSTOMER is informed of the delivery date when they choose the carrier at the end of the online ordering process, before confirming the order.
It is specified that the deliveries will be carried out under thirty (30) days maximum. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and in the event of non-delivery within this period, they may terminate the contract.
The SELLER will refund, without undue delay after receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, including taxes and shipping charges, by the same payment method used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is liable until the PRODUCT is delivered to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of damage or partial losses noted during delivery.