General Terms and Conditions of Sale
astere.fr website – Sales in France and worldwide – June 21, 2021
1. Seller Identification
The present General Terms and Conditions of Sale are those of the company Asteré, a registred brand of the company Élitis, with a share capital of € 480,000, whose registered office is located at 2bis, rue Jean Rodier – 31400 Toulouse, registered with the Toulouse Trade and Companies Register under number 344 943 444.
2. Field of Application
The purchase of products offered on astere.fr is subject to these General Terms and Conditions of Sale. Orders placed on the astere.fr website are reserved for end users individuals and companies. Consequently, the customer affirms that he/she is acting as an end user and that he/she does not intend to resell the Asteré products for commercial purposes.
The General Terms and Conditions of Sale enforce at the time of the conclusion of the contract for those which are bound to, and speaking for the customer. Asteré can update these General Terms and Conditions of Sale at any time.
3. Ordering Procedures
The astere.fr website allows the customer to order a selection of Asteré brand products, directly from the site, from the Asteré company immediately through the site for domestic or international delivery.
Product offers and prices are valid, and current, as seen on the astere.fr website, and further subject to availability. Errors or changes may exceptionally occur, particularly in the case of simultaneous orders of the same product by several customers. If a product is unavailable after the customer has placed an order, the latter will be informed by Asteré via email or by telephone as soon as possible. Asteré will then suggest the custome orders an alternative available item on the astere.fr website as a replacement, or to cancel the order. Asteré shall not be held liable in the event of stock shortages or product unavailability.
Asteré reserves the right to change the items offered on the astere.fr website at any time and without notice. In order to ensure a better quality of service and availability of its products to all astere.fr customers, Asteré reserves the right to limit the quantity of products that can be purchased by a customer in accordance with the applicable provisions in this select area and in particular those of Article L122-1 of the French Consumer Code.
5. Ordering Process
5.1. Product Selection:
At any time, the customer can:
– Add Asteré products to their selection by clicking “Add to Cart”,
– Consult their selected Asteré products, by clicking “My Cart”,
– Modify their selection by clicking “Continue Shopping”, “Delete” or by adjusting the quantities as needed.
For each product selected on the astere.fr website, a summary page will be displayed automatically, showing the article reference number, product photo, description, color, chosen quantity, unit price, and the total price of the order. The customer must verify the accuracy of his/her selection before confirming his/her order.
While every effort is made to ensure that the color and pattern of Asteré products whose photos are displayed on the astere.fr website are faithful to the original products, variations may occur, in particular due to the technical limitations of color rendering on digital formats. Consequently, Asteré cannot be held responsible for any errors or non-substantial inaccuracies in the photographs or graphic representations of Asteré products appearing on the astere.fr website. In case of questions about the products, the customer can contact Asteré Customer Service by email (email@example.com) or telephone (+33 (0) 5 61 36 89 19 available Monday to Friday (excluding public holidays), from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m.).
5.2. Customer Account:
Once the products have been selected, the customer must click “Checkout”. Here, the customer must either create an account or log into a previously created customer account.
If the customer does not have an account, he/she will be asked to create his/her own password for later use of this account. The customer is advised, under his/her sole responsibility, to keep these credentials confidential and to never communicate them to third parties. Consequently, any purchase made using these credentials will be deemed to be made by the customer him/herself as the holder of these credentials. In the event of loss, theft or any fraudulent use of his/her password or login information, the customer is advised to immediately inform astere.fr.
If the customer already has an account, he/she will be asked to provide his/her login information, email address and password, for authentication.
A customer account allows the customer to:
– Track orders,
– Follow up on their return requests,
– Save billing and delivery information for future orders,
– Manage their newsletter subscription,
– Modify his/her personal information.
The customer can deactivate his/her account at any time by clicking on the “Customer Service” link and sending an e-mail to Asteré Customer Service. After deactivation his/her account, the customer is free to create a new account at any time.
The data recorded by the astere.fr website constitutes proof of all transactions between Asteré and its customers. In the event of a conflict between Asteré and one of its customers over a transaction carried out on the astere.fr website, the data recorded by Asteré is considered irrefutable proof of the content of the transaction.
All internet orders require the customer to provide accurate and complete information at the time of the order. The information requested will include: title, surname, first name, telephone, email address, password, billing and delivery addresses.
6. Price - Payment
The prices of Asteré products are indicated in Euros, all taxes included. Apart from the reimbursement cases described below (see “Returns – Exchanges – Refunds”), Asteré will not reimburse the VAT applied to purchases made on the astere.fr website (even if the buyer, after receiving the products, sends Asteré products to a country outside the European Union). The amount of the order includes delivery costs according to the option chosen.
Asteré reserves the right to modify the prices of the products offered on the astere.fr website at any time and without notice. Products are invoiced on the basis of the prices displayed on the astere.fr website when the order is placed, and subject to the availability of the products ordered at that time.
All orders placed on the astere.fr website must be paid for immediately upon placing it. Asteré accepts payment by credit card, Apple Pay, Google Pay, iDEAL and Paypal. All orders are payable in Euros. The accepted credit cards are: MasterCard®, Visa® and American Express®.
Payments are authenticated and secured thanks to the 3D Secure system. This system is also known as “Verified by Visa®”, “MasterCard® SecureCode” or “American Express SafeKey®”. During the payment process, the bank requests the customer to provide personal information in order to verify the identity of the cardholder and to validate the transaction.
How do customers pay with 3D Secure on astere.fr?
After validating the customer’s banking information (card number, expiration date and cryptogram), a new page will appear on which the customer must enter the personal information requested by his/her bank. This information can be:
– The answer to a personal question,
– A password chosen by the customer beforehand,
– A code sent by SMS,
– His/her date of birth…
Once the 3D Secure code has been entered and validated by the customer’s bank, the order is finalized. The customer will then receive a confirmation email. Authentication is specific to each bank. For any questions concerning the 3D Secure code, Asteré invites the customer to contact his/her bank directly.
The order will only be shipped once the payment method has been verified and the customer’s card has been authorized to be debited.
7. Order Processing
Once completed, the customer’s order is transmitted to Asteré for processing. Asteré reserves the right to not accept an order from a customer with whom it is in dispute over a previous order, or if Asteré reasonably believes that this customer has violated these General Terms and Conditions or has engaged in a fraudulent activity, or for any other legitimate reason deemed by Asteré.
A summary of the order will be sent by email to the customer. The acknowledgment of receipt will include the description of the Asteré products selected, the quantity, the price and the amount of shipping costs. Asteré advises its customers to keep this acknowledgment of receipt in physical or electronical form.
Pursuant to Article L134-2 of the French Consumer Code, when an order relates to an amount equal to or greater than 120 Euros, Asteré keeps the written record of the contract concluded between Asteré and a customer electronically for a tangible period from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this time (in accordance with Decree 2005-137 of February 16, 2005). The customer then has access to this document at any time, upon request from the Customer Service Department by telephone at +33 (0) 5 61 36 89 10, from Monday to Friday (excluding public holidays), from 9 a.m. to 12 p.m. and from 2:00 p.m. to 6:00 p.m. or by email by clicking the “Customer Service” link.
8. Reservation of ownership
The products ordered remain the property of Asteré until full payment has been received by Asteré. However, the customer assumes all risks (particularly loss, theft or damage) concerning the products delivered from the moment he/she takes possession of them upon delivery.
9. Delivery and pick-up area
For security and other reasons, Asteré will not process any order for which a poste restante, a post office box, a university residence address or a Cedex address is provided. Products are shipped to the delivery address(es) provided by the customer during the ordering process.
10. Shipping costs
When ordering, the customer must choose the shipping method he/she prefers. Shipping costs are calculated either according to the weight of the products chosen or according to the delivery service chosen.
11. Delivery times
During the ordering process, and depending on the chosen shipping method, the customer is informed of the delivery time.
In the event of a return, Asteré Customer Service will arrange for the return of the product directly by our carrier, but it must be perfectly packaged in its original packaging. For any questions, the customer can contact Asteré Customer Service.
12. Delivery problems
Any defect or delay in delivery (or in the availability of your items in the store) exceeding eight (8) business days must be reported to the Asteré Customer Service as soon as possible. Any claim made after thirty (30) calendar days from the date of validation of the order by the customer will not be taken into account.
The customer must check the conformity of the goods at the time of delivery and indicate, if possible on the delivery note, in the form of handwritten reservations accompanied by his/her signature, any irregularities observed (open package, damaged product, etc.).
The customer must then contact Asteré Customer Service by email (firstname.lastname@example.org), by clicking the “Customer Service” link, or by telephone at +33 (0) 5 61 36 89 10, from Monday to Friday. (excluding public holidays), from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m.
In case of non-conformity of the products purchased or if they do not meet the customer’s satisfaction, the customer can return them or request an exchange or reimbursement under the conditions provided in the section “Returns – Exchanges – Refunds”.
13. Right of Withdrawal
The customer has a legal right of withdrawal that can be exercised under the conditions provided for by articles L121-20, L121-20-1 and L121-20-2 of the French Consumer Code, if he/she meets the conditions set by these provisions, without having to justify reasons and without having to pay penalties:
Within the framework of the exercise of the right of withdrawal, the customer can return the product(s) purchased by requesting an exchange or refund under the conditions provided for in the section “Returns – Exchanges – Refunds”.
14. Returns - Exchanges - Refunds
In the event of non-conformity of the product or within the framework of his/her right of withdrawal, the customer can request the exchange or refund of the product under the following conditions. This request must be sent to Asteré by e-mail at email@example.com.
Returned products must be in their original condition and packaging, accompanied by their purchase invoice or a copy in the case of a partial return. The return of a product, in the case of an exchange or refund request, is free of charge if this exchange or refund involves the responsibility of Asteré.
Items must be returned via the Asteré carrier after approval from Asteré Customer Service. Packages must be returned to the following address:
ASTERÉ – Internet return service
2bis, Rue Jean Rodier
Asteré will not be responsible in the event of loss, shipping to the wrong address or late delivery of a product that the customer wishes to return to the astere.fr website, as the risks of transport are the sole responsibility of the customer (initiator of the transport).
In case of exchange:
– If the amount of the product(s) chosen as a replacement has a value greater than the amount of the product(s) returned, the customer must pay the price difference in accordance with the present General Terms and Conditions of Sale.
– If the amount of the product(s) chosen as a replacement has a value lower than the amount of the product(s) returned, the price difference will be refunded to the customer by Asteré (being reminded that for gifts, only the customer who purchased the gift can request a refund and have his/her bank account re-credited) in accordance with these General Terms and Conditions of Sale.
In the event of an exchange, the shipping costs of the first shipment are refunded, but the shipping costs of the second shipment are charged.
In the event of a request for reimbursement, this will in any case be made no later than thirty (30) days after notification of the customer’s right of withdrawal.
Under no circumstances will it be possible to award the customer an electronic credit note that can be used on the astere.fr website.
Asteré shall have full discretion to decide whether the products are in their original condition when returned to astere.fr.
15. Legal Guarantee of Conformity and Hidden Defects
The products sold on the astere.fr website are subject to the legal warranty conditions provided for by Articles L211-4, L211-5 and L211-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code, as follows:
Article 1641 French Civil Code
“The seller is bound by the guarantee for hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use to the extent that the buyer would not have acquired it, or would have given it a lower price, if he/she had been aware of them.”
Article 1648 of the French Civil Code
“The action resulting from redhibitory defects must be taken by the purchaser 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 from the date on which the seller can be released from apparent defects.”
Article L211-4 of the French Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also responsible for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made responsible by the contract or has been carried out under his/her responsibility.”
Article L211-5 of the French Consumer Code
“To be in conformity with the contract, the good must:
1. Be suitable for the purpose usually expected of a similar good and, if applicable:
– Correspond to the description given by the seller and possess the qualities that the latter presented 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/her representative, in particular in advertising or labeling;
2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”
Article L211-12 of the French Consumer Code
“The action resulting from the defect of conformity lapses two years from the delivery of the good.”
16. Limitation of Liability
In no event shall Asteré be held responsible for any indirect, incidental, special or incidental damages, and in particular, but not limited to, loss of business, loss of profit or loss of opportunity, resulting from the purchase of Asteré products on the astere.fr website.
17. Applicable Law - Disputes
These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law in accordance with EC Regulation 593/2008 of June 17, 2008.
The Toulouse Commercial Court shall have sole jurisdiction notwithstanding any contrary clauses provided for on the order form or the customer’s correspondence, regardless of the place of delivery, the method of payment accepted and even in the event of a warranty claim or multiple defendants.
Each order implies the customer’s full acceptance of these General Terms and Conditions of Sale, which imply that the customer abandons his/her own general terms and conditions of purchase.
The applicable law is the French law.