Terms of Sales

The products on our website are in direct stock, so orders are processed within 24 working hours.

If the order is placed before 11 a.m., it is dispatched the same day (unless unforeseen or in exceptional cases).

No refund of order except major defect and exceptional case.

Delivery times are 48 to 96 hours in metropolitan France (working hours).

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DEFINITION OF PARTIES

Enter the 7 chakras,
3 rue de Thionville 08200 SEDAN,
registered in the Trade and Companies Register of SEDAN,
under the SIRET number 79489316400010,
represented by FARISON Marine,
duly authorized for the purposes hereof.
The company can be reached by email via the home page of the site.
Firstly,
And the natural person making the purchase of products,
Hereinafter, "the Buyer", or "the Customer"
On the other hand,

PREAMBLE

The Seller is a publisher of fashion and well-being products and services marketed through its website (https://www.au7chakras.fr). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.

Article 1 – Content and scope

Any order of products implies the unreserved acceptance by the customer and his full and complete adherence to these general conditions of sale which prevail over any other document of the customer, and in particular over all general conditions of purchase, except with the express agreement of the supplier.

These general conditions of sale apply to all sales of the supplier's products, unless there is a specific agreement prior to the order contained in writing between the parties. Consequently, the placing of an order by a customer entails the latter's unreserved acceptance of these general conditions of sale, except for special conditions granted in writing by the supplier to the customer.

Any document other than these general conditions of sale and in particular catalogues, prospectuses, advertisements, notices, has only informative and indicative value, not contractual.

These general conditions of sale are communicated to any customer who requests them, in order to allow him to place an order with the supplier, as well as to any distributor prior to the conclusion of a single agreement referred to in Article L. 441-7 of the Commercial Code, within the legal deadlines.

The supplier reserves the right to derogate from certain clauses of the present, according to the negotiations carried out with the buyer, by the establishment of particular conditions of sale. The supplier may, in addition, establish categorical general conditions of sale, derogating from these general conditions of sale, depending on the type of customer considered, according to criteria which will remain objective. Operators meeting these criteria will then be subject to these categorical general conditions of sale.

Article 2 – Intellectual property

All technical documents, products, photographs given to our customers remain the exclusive property of au 7 chakras, whose registered office is 3 rue de Thionville 08200 SEDAN – FRANCE, RCS SEDAN 794 893 164, Intra-community VAT number: in progress attribution, telephone 07.07.07.07.07, email:  au7chakras.sas@gmail.com, the sole holder of the intellectual property rights to these documents, and must be returned to it on request. Our customers undertake not to make any use of these documents that may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.

Article 3 – Orders

3.1 Definition. Any sale is perfect only after the express and written acceptance of the customer's order by the supplier. By this order, we mean any order relating to our products appearing on our prices, and accepted by the supplier. The order must be confirmed in writing by means of an order form duly signed by the customer. Upon receipt, it is irrevocable.

3.2 Amendment. Orders sent to the supplier are irrevocable for the customer, unless accepted in writing by the supplier. Any request to modify the composition or volume of an order placed by a customer can only be taken into account by the supplier if the request is made in writing, in any form whatsoever (fax, email, etc.) and is received by the supplier no later than 8 days after receipt by the supplier of the initial order. In the event of modification of the order by the customer, the supplier will be released from the agreed deadlines for its execution.

Article 4 – Deliveries

4.1 Deadline. The order gives rise to a delivery time fixed on our order form. The period runs from the receipt of the order form. This delivery time is given for information and guidance only, it depends in particular on the availability of the carriers, the conditions of routing and traffic on the road and the order of arrival of the orders. The supplier endeavors to respect the delivery time indicated at the acceptance of the order, according to the logistics reference time in the profession, and to execute the orders, except in cases of force majeure, or in the event of circumstances beyond its control, such as strikes, frost, thaw barrier, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive. Delays in delivery cannot give rise to any penalty or compensation, nor justify the cancellation of the order, any clause to the contrary appearing in the customer's general conditions of purchase being unenforceable against the supplier. Any delay in relation to the indicative delivery time initially planned cannot justify termination of the order placed by the customer and recorded by the supplier.

4.2 Out of Supply. In the event of a supply disruption, for example, without this being exhaustive, the cessation of extraction in the mines from which our products come, the supplier undertakes to inform the customer within 30 days from the information given to it by its suppliers. The customer will have the right to request the cancellation of the order or the replacement by similar products as far as possible, to be agreed between the parties.

4.3 Transfer of Ownership and Risk. The transfer of ownership will only take place after full payment of the price by the buyer, regardless of the delivery date. The transfer of the risks of loss and deterioration of the supplier's products will be carried out upon delivery and receipt of the products by the buyer.

4.4 Transportation. It is up to the customer, in the event of damage to the goods delivered or missing, to make all the necessary reservations with the carrier and to inform the supplier of any missing or any damage. All products that have not been subject to a reservation by registered letter with AR within ten (10) days of receipt from the carrier, in accordance with Article L 133-3 of the Commercial Code, and a copy of which will be sent simultaneously to the supplier, will be considered accepted by the customer without reservation.

4.5 Reception. Without prejudice to the provisions to be made by the customer vis-à-vis the carrier as described above, in the event of apparent defects, or missing items, any claim, of whatever nature, relating to the products delivered, will only be accepted by the supplier if it is made in writing, by registered letter with AR, within the ten (10) day period provided for above.

It is up to the buyer to provide all the justifications as to the reality of the defects or missing items observed.

No return of goods may be made by the customer with his express prior written agreement from the supplier, obtained in particular by fax or e-mail.

The return costs will be borne by the supplier only in the event that an apparent defect, or missing items, is actually noted by him or his agent.

Only the carrier chosen by the supplier is authorized to return the products concerned.

When, after checking, an apparent defect or a missing item is actually noted by the supplier or its representative, the customer may only ask the supplier to replace the non-compliant items and/or the supplement to be made to fill the missing items at the latter's expense. here, without the latter being able to claim any compensation or cancellation of the order.

The receipt without reservation of the products ordered by the customer covers any visible and/or missing defect.

Any reservation must be confirmed under the conditions set out above.

The complaint made by the purchaser under the conditions and according to the methods described by this article does not suspend the payment by the customer of the goods concerned.

The responsibility of the supplier can in no case be called into question for facts during transport, destruction, damage, loss or theft, even if he has chosen the carrier.

Article 5 – Refusal of order

In the event that a customer places an order with the supplier, without having paid for the previous order(s), the supplier may refuse to honor the order and deliver the goods concerned without the customer being able to claim to any compensation, for any reason whatsoever.

Article 6 – Tariff – Price – Scale – Payment deadlines

6.1 Tariff. The current rate may be revised at any time.
Any rate change will automatically apply on the date indicated on the new rate.
6.2 Price. The prices are fixed by the tariff in force on the day the order is placed. They always include all taxes for packaged products, ex-warehouse, excluding transport costs. Our prices are established postage in addition, except express prior agreement agreed with the customer. The fact that the shipment is carried out postage in addition, does not modify the rules above and the effects attached to the date of the provision of the goods in our stores.

The prices are calculated net and payable according to the terms below.
Unless otherwise agreed, delays in delivery do not lead to cancellation or modification of the contract. They cannot give rise to damages. The penalty clauses appearing on the commercial papers of our customers are unenforceable against the suppliers.

The execution times appearing in an order are only accepted by the supplier and only bind it under the following conditions: compliance by the customer with the terms of payment, timely supply of the technical specifications, absence of force majeure, social, political, economic or technical events hindering the operation of our supplies.

Article 7 – Price reduction

The buyer benefits from discounts  appearing in the supplier's prices, depending on promotional offers and a reduction voucher acquired on an exceptional basis at one time, or the regularity of an order.

Article 8 – Payment

Secure payment by STRIPE or PAYPAL when ordering. The price is payable in cash, in full, when ordering. 

Article 9 – Retention of title

The transfer of ownership of the products is suspended until full payment of the price thereof by the customer, in principal and accessories, even in the event of the granting of a payment period. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten, in accordance with article L.624-16 of the commercial code.

By express agreement, the supplier may exercise the rights it holds under this retention of title clause for any of its claims, on all of its products in the possession of the customer, the latter being conventionally presumed be those unpaid, and the supplier may take them back or claim them as compensation for all its unpaid invoices, without prejudice to its right to rescind sales in progress. The buyer is authorised, within the framework of the normal operation of his establishment, to resell the goods delivered, but he may neither pledge them nor transfer their ownership as security. The supplier may also require, in the event of non-payment of an invoice on the due date, the cancellation of the sale after sending a simple formal notice. Similarly, the supplier may unilaterally, after sending a formal notice, draw up or cause to be drawn up an inventory of its products in the possession of the customer, who already undertakes to allow free access to its warehouses, stores or otherwise for this purpose, so that the identification of the products is always possible. In the event of opening of a procedure of receivership or liquidation of the goods, the orders in progress will be automatically canceled, and the supplier will be entitled to claim the goods in stock. This clause does not prevent the risks of the goods from being transferred to the buyer upon delivery to the latter. From the time of delivery, the buyer is appointed depositary and custodian of the said goods. In the case of non-payment, unless it prefers to request the full and entire execution of the sale, the supplier reserves the right to terminate the sale after formal notice and to claim the delivered goods, the return costs remaining at the responsibility of the buyer and the payments made being acquired by the supplier as a penalty clause.

Article 10 – Guarantee against apparent and hidden defects

Apart from legal requirements, the contractual guarantee against hidden defects is limited to a period of 7 days from the date of delivery. This warranty covers non-compliance of products with the order and any latent defect arising from a material, design or manufacturing defect affecting the products delivered and rendering them unsuitable for their use. Under these conditions, the supplier will replace or have replaced the products under warranty. The products must be checked by the customer upon delivery, and any complaint, reservation or dispute relating to missing items and apparent defects must be made under the conditions set out in the articles above. In the event of an apparent defect, the defective parts are replaced by us, subject to verification of the alleged defect. The customer must provide any justification as to the reality of the defects observed, the supplier reserving the right to proceed, directly or indirectly, to any observation and verification by any means of its choice.
The denunciation of defects existing at the time of delivery, and revealed after receipt of the products, must be formulated by the customer in writing within 7 (seven) days following the date on which he will have discovered the lack of conformity.No denunciation will be taken into account if it occurs more than 7 (seven) clear days from the delivery of the products.
No action for non-compliance could be initiated by the customer more than 7 (seven) days after the delivery of the products. It is expressly agreed by the customer's acceptance of these general conditions of sale that after the expiry of this period, the customer may not invoke the non-conformity of the products, nor oppose it in counterclaim to defend himself. on the occasion of a debt collection action initiated by the supplier. In the absence of compliance with these conditions, the liability of the suppliers vis-à-vis the customer, due to a hidden defect,cannot be questioned. Defects and deterioration of the products delivered following abnormal storage and conservation conditions at the customer's premises, in particular in the event of an accident of any kind whatsoever, shall not give rise to the right to the guarantee due by the supplier. Under the warranty against hidden defects, the supplier will only be required to replace defective goods free of charge, without the customer being able to claim damages, for any reason whatsoever.
The supplier guarantees its products against hidden defects, in accordance with the law, customs, case law, and under the following conditions:

– the warranty only applies to products which have duly become the property of the purchaser;

– it is excluded when our products have been used under unforeseen conditions of use or performance.

The supplier's warranty only covers hidden defects. Our customers being professionals, hidden defects mean a defect in the production of the product making it unsuitable for its use and not likely to be detected by the buyer before its acquisition. A design defect is not a hidden defect and our customers are deemed to have received all information relating to our products. The Guarantee is limited to the replacement of defective products. The warranty is limited to 30 days. Items are deemed to be used by customers under normal conditions of use.

Article 11 – Force majeure

Are considered as cases of force majeure or fortuitous events, events beyond the control of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence renders totally impossible the performance of the obligations.

The following are in particular assimilated to cases of force majeure or fortuitous events releasing the supplier from its obligation to deliver within the time initially planned: exhaustion of deposits or impossibility or disruption of supply of natural resources, strikes, fires, floods, war, epidemics thaw barriers, roadblocks, EDF GDF supply disruption or supply disruption for a cause not attributable to the suppliers, as well as any other cause of supply disruption that is not attributable to the other suppliers.

In such circumstances, the supplier will notify the customer in writing, in particular by fax to e-mail, within 24 hours of the date of occurrence of the events, the contract binding the supplier and the customer then being automatically suspended without compensation, from the date of occurrence of the event. If the event were to last more than 7 days from the date of its occurrence, the sales contract concluded by the supplier and its customer could be terminated by the most diligent party, without either of the two parties may claim damages. This achievement will take effect on the date of the first presentation of the registered letter with acknowledgment of receipt denouncing the said sales contract.

Article 12 – Withdrawal period

The buyer being an individual buying a good, it is necessary to apply the right of withdrawal provided for by the consumer code, like this: The buyer has a period of 14 days to withdraw upon receipt of the order. Any retraction will incur the buyer's return at his expense of the goods ordered in its original packaging, and in the original condition, WITHOUT BEING WORN OR USED. The reimbursement of a good will be made within 15 days of receipt and verification of it.

Article 13 – Attribution of jurisdiction

The election of domicile is made by the supplier at 3 rue de Thionville 08200 SEDAN. Any dispute concerning the conclusion, the application of these general conditions of sale, their interpretation, their execution, their termination, and the sales contracts concluded by the supplier, or the payment of the price, will be brought before the Commercial Court of Sedan, the Court of Appeal of Charleville-Mézières, regardless of the place of order, delivery or payment and the method of payment, and even in the event of a warranty claim or multiple defendants .

Bills of exchange do not constitute either novation or derogation from this jurisdiction clause.

The attribution of competence is general and applies, whether it is a main request, an incidental request, an action on the merits or a summary.

Article 14 – Waiver

The fact that the supplier does not take advantage at a given time of any of the clauses hereof cannot be considered as a waiver to take advantage later of these same clauses.

Article 15 – Applicable law

Any question relating to the general conditions of sale as well as to the sales which they govern, which would not be dealt with by these contractual stipulations, will be governed by French law to the exclusion of any other right, and on a supplementary basis, by the Vienna Convention on the International Sale of Goods.

Article 16 – Acceptance of the buyer

These general terms and conditions of sale as well as the prices and scales concerning discounts, rebates and rebates attached are expressly approved and accepted by the buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives any right to prevail over any contradictory document and, in particular, its general conditions of purchase.

Article 17 – Return

Return authorized within 7 days at the customer's expense, in the original condition (new) WITHOUT BEING WORN OR USED. The refund will be made upon receipt and verification of the package and the new condition of the product.

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