General terms of sale
GENERAL TERMS OF SALE 2021
Valid from 07/04/2021 to 31/12/2021
revisable at any time without prior notice
These General Terms of Sale (or ‘GTC’) govern the relationship between ANANBÔ and its consumer customers located in France in the European Union, in Norway, in Switzerland, in the United Kingdom, in the United States, in Canada, in Australia and in New Zealand, hereinafter referred to as “the Customers” for any purchase order placed via the website www.ananbo.com, hereinafter referred to as “the Website”, to the exclusion of any professional customer, who is required to obtain ANANBÔ’s approval in order to distribute the Decors promoted on the Site, with any resale of the Decors by the Customer being strictly prohibited, outside of a private context.
The purpose of these General Terms of Sale is to define the conditions under which ANANBÔ supplies the Customer with the Decor(s) ordered on the Website.
The Customers should save and/or print a copy of the General Terms of Sale published on the date of the order. Customers of the Website are invited to regularly consult the current GTC in order to take note of any changes.
The Customer is also invited to consult the installation instructions, accessible from the Website menu.
Professional Customers may contact ANANBÔ at any time and request a quote if they are not distributors and if the Decors are to be installed on their own behalf. The Quotation is attached to the general terms and conditions of sale intended for professional customers, for use of the Decors on their own account, which may be communicated on first request. For any order on the Site by professional Customers ordering Decors for use on their own behalf, the stipulations of article 16 shall be the only ones applicable, which define the conditions according to which ANANBÔ supplies the professional Customer with the Decors that it has ordered on the Website.
- CUSTOMERS DECLARATION
The Website is free to access for any person using the internet. By making a purchase on the Website, the Customer must comply with these General Terms of Sale and with all the conditions provided in the legal notice and general conditions of use accessible.
All orders placed on the Website are governed by these General Terms of Sale ; by placing an order, the Customer enters into a contract with ANANBÔ.
By placing an order, the Customer will be asked to read the General Terms of Sale. The Customer should only tick the confirmation box provided in the order process after he has read the General Terms of Sale and after having discussed any difficulties with ANANBÔ prior to confirming the order. The tickbox in question bears the statement ” I have read the General Terms of Sale and I agree to them without reservation “.
By accepting the General Terms of Sale the Customer declares he is at least 18 years of age and has the necessary legal capacity to enter into the contract.
All prices on the Website are stated in euros and include all taxes but exclude delivery charges. ANANBÔ reserves the right to change the prices at any time; the prices on display are only valid on the date of the order and have no future effect.
Any offers made by ANANBÔ are valid for as long as they are available on the Website. These offers are updated regularly.
The Customer may select one or more Decor and add them to his basket. The minimum and maximum widths as well as the minimum and maximum heights are shown on the Website. The Customer can choose a standard or a custom-made Decor. The Customer may view the contents of his basket at any time. The Customer may navigate between each stage of the order process by clicking the button provided.
As required by the Trust in the Digital Economy Law of 21 June 2004, the order process is described below :
Stage 1 : View your basket and delivery charges
By viewing his basket, the Customer can check the number and type of Decor in the basket, the prices of each item and the total order value, and remove or add one or more Decor(s) to the basket.
If the price of a Decor put in the order basket is equal to ZERO (0) euros, the order cannot be confirmed by ANANBÔ as it is necessarily subject to an error in the ordering system. The Customer will necessarily have to reiterate his order.
The Customer may view the cost of each delivery option.
The Customer may proceed to the next step of the order process at any time, or continue shopping. Once the Customer is happy with the contents of his basket, he may confirm the order and proceed to checkout by clicking on the button provided.
Stage 2 : Customer’s details
By validating the basket, the Customer will be asked to enter his login details, if already registered, or register with the Website by entering his personal details into the form provided.
Once the Customer has logged in or completed the registration form, he will be asked to check or edit his delivery and payment details.
Stage 3 : Payment
The Website is equipped with an online payment security system allowing the Customer to encrypt the transmission of his banking data, for a payment by credit card.
All invoices are sent to the e-mail address indicated by the Customer when registering on the Website. In this respect, ANANBÔ shall not be liable if the Customer provides an incorrect address, whether physical or electronic.
ANANBÔ reserves the right to suspend or cancel the execution of any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the payment of an Order or to the use of the Website.
The Customer warrants to ANANBÔ that he has the necessary authorizations to use the payment method he/she has chosen from among those available.
Stage 4 : Order confirmation
ANANBÔ reserves the right to refuse to print a Decor if the dimensions required by the Customer are incompatible with the printing quality (distortion of the visual rendering) and/or the technical printing constraints. In the event that ANANBÔ validates the realization to the Customer’s dimensions, an “Approval to printing” is sent by email to the Customer.
Once ANANBÔ has received payment, ANANBÔ shall send confirmation of the order to the Customer by email within 24 hours, using the email address provided by the Customer when placing the order.
Within this same time, ANANBÔ shall also send an email containing a summary of the order and confirmation that it is being processed, along with any other relevant information about the order, Decor(s) purchased, their delivery and the absence of a right of cancellation, according to the relevant legislation (see Article 9 below “Absence of a right of cancellation”).
5.1. Delivery address
The Decors will be delivered to the address given by the Customer when placing the order.
The Decors ordered online are delivered only in France, in the European Union, in Norway, in Switzerland, in the United Kingdom, in the United States, in Canada and in Australia.
Deliveries in France are made by SKYNET. Deliveries in the European Union, in the French overseas departments and territories, in Norway, in Switzerland, in the United Kingdom, in the United States, in Canada, in Australia and New Zealand are made by DHL.
5.2 Delivery charges
Delivery charges are calculated on a flat rate basis and communicated to the Customer prior to the final validation of the order. They are specified in the description of the Decors.
The delivery costs will, in any case, be indicated to the Customer before any payment of the order.
5.3 Delivery times
The delivery time is calculated from the effective payment of the order. It includes the time needed to prepare the order, evaluated between eight (8) to fifteen (15) working days, unless stated otherwise when the order is placed, and the time needed for the postal service to deliver the order. The delivery time may be extended :
- if the Customer chooses to pay by bank transfer or by check, because the order will be prepared upon receipt of the actual payment of the order,
- upon importation of the Decor, through the application of customs clearance procedures, which may involve inspection of the Decor by the authorities of the importing country.
The delivery time is a maximum of 45 days from the effective payment of the order.
5.4 Late delivery
In the event of late delivery, the Customer should contact Customer Services.
In any case, if the Decors are more than seven (7) days late, and in the absence of any Force Majeure or fault attributable to the Customer or a third party involved in completing the order, the Customer may cancel the order within sixty (60) working days from the scheduled delivery date, by sending a registered letter with acknowledgement of receipt.
If ANANBÔ dispatches the Decors after the cancellation request has been sent but before it is received by ANANBÔ, the contract will have been fully executed and the resolution will not be enforceable against ANANBÔ.
If the order is cancelled, all amounts paid for the order shall be reimbursed to the Customer, according to the method of payment chosen by the Customer or any other method agreed upon by the Customer and ANANBÔ.
5..5 Complaints and liability
5.5.1. Conformity of the Decor upon receipt
- Upon receipt of the order :
Upon receipt of the order, the Customer is invited to verify the condition of the package(s) as well as the nature, condition, quantity and conformity of the Decorations delivered with respect to the order.
It is preferable that this verification be done in the presence of the carrier.
It is recommended that the Customer carry out all necessary examinations to detect any damage, missing items or non-conformity.
The Customer should also check the condition of the packaging, the number of packages and the quantity, references, condition and characteristics of the Decors.
The signature of the delivery note and/or the transport slip confirms the correct delivery of the ordered Decors.
- In the event of damage or deterioration and in the event of non-conformity of the Decors :
In the event of damage to the parcel, the Customer should make any necessary reservations on the delivery note and/or the transport slip in a precise and motivated manner, including in the case of a refusal of the parcel.
The Customer shall also inform ANANBÔ using the contact form on the Website.
In this case, ANANBÔ may indicate to the Customer, if it so wishes, the formalities to be followed to confirm what it has noted to the carrier, in accordance with the provisions of article L 133-3 of the French Commercial Code.
Reporting these reservations may facilitate ANANBÔ’s recourse against the carrier in the event of a problem (loss or damage to the package).
ANANBÔ also informs the Customer that if the carrier does not allow it to effectively check the good condition of the Decors, the Customer will have a period of ten (10) days instead of three (3) days, not including public holidays, to make reservations, in accordance with the provisions of article L 224-65 of the French Consumer Code.
5.5.2 Installation instructions
The installation of the Decors must be carried out in strict compliance with the installation instructions shown on the Site.
ANANBÔ assumes no responsibility for the installation, as ANANBÔ does not provide any services in this respect, and the installation is therefore the sole responsibility of the Customer or its installation service provider, so that the Customer may not claim any compensation or replacement Decor from ANANBÔ in the event of damage caused, during the installation, to the Decor or to the wall on which it has been installed.
Any claim made after the installation of the Decor on the wall cannot be taken into account. Any claim will thus be declined, concerning both the installation costs and the supply of a replacement Decor after the installation.
The following payment methods are accepted on the Website :
– Bank card (Carte Bleue, Visa, Mastercard)
– Payment for the Decors can also be made by check for any customer established in France, by sending the Order summary with the check to the address of ANANBÔ’s head office.
Payments by bank card will be made using the secure payment service.
If payment is made by bank card, ANANBÔ will not have access to any details regarding the Customer’s payment method. The payment will be made directly via the bank.
If payment is made by check, the check must have been issued by a bank established in mainland France (including Corsica). The Customer must send the check within seven (7) calendar days from placing the order. The check will be cashed upon receipt.
The Decor ordered by the Customer will remain the property of ANANBÔ until payment has been received in full.
- STOCK AVAILABILITY
The availability of each Decors is stated on the Website in the description section.
Unavailability of one or more Decors, even if prolonged and indefinite, shall not constitute a prejudice for the Customer and ANANBÔ shall not pay any compensation.
However, if a Decor becomes unavailable after an order has been placed, the Customer will be sent an email at the address stated in the order form, informing him of the partial delivery or cancellation of his order.
In accordance with article L.121-20-3 of the French Consumer Code, if a Decor of stock is unavailable, the Customer will be reimbursed the price of the unavailable Decor within thirty (30) days from payment for that item.
- CUSTOMER SERVICE
The Website customer service is available from Monday to Friday, from 9-12:30 and 13:30-17 :
– at the standard rate number : (33) (0) 126.96.36.199.10
– by email : firstname.lastname@example.org
– or by post at the following address : ANANBÔ, Château Montaliret, 1260 route de Branne, F33420 GENISSAC, FRANCE
If contacted by email or post, ANANBÔ shall reply within two (2) working days (excluding postal delivery time).
- ABSENCE OF A RIGHT OF CANCELLATION
In accordance with article L.221-28 3° of the French Consumer Code, according to which “the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized“, the Customer does not benefit from the right to withdraw from his or her Order placed on the ANANBÔ Website, due to the printing of the Decors following the Customer’s Order and in accordance with his or her request.
- PRODUCT GUARANTEE FOR DECORS PURCHASED ON THE WEBSITE
10.1 Statutory warranty – Latent defects
If a Decor purchased on the Website is faulty or non-compliant, the Customer may contact Customer Services (see “Customer Services”) to determine the procedure to be followed.
If the Decor has a latent defect, ANANBÔ will reimburse or exchange the Decor, subject to availability and to the terms of the Consumer Code (see below).
If the Customer requests reimbursement, the reimbursement will be paid by check or transfer within thirty days.
10.2. Regulatory framework
French Consumer Code – Article L.211-4 : “The vendor must deliver an item that complies with the contractual specifications and must rectify any non-compliance identified upon delivery.
The vendor must rectify any non-compliance caused by the packaging or by the assembly or installation instructions, if these are contractually its responsibility or are provided at its responsibility “.
French Consumer Code – Article L.211-5 : “An item complies with the contractual specifications if it :
- Is fit for the purpose usually expected of a similar item and, where applicable:
– complies with the description provided by the vendor and has the same properties as were presented to the buyer in the form of a sample or model;
– has the properties that a buyer may legitimately expect based on the public declarations made by the vendor, manufacturer or its representative, especially in any advertisement or labelling;
- Has the properties mutually agreed by the parties or is fit for the buyer’s specific intended use as explained to and accepted by the vendor“.
French Consumer Code – Article L.211-12 : “The statutory time limit for claims for non-compliant items is two years from delivery of the item“.
French Civil Code – Article 1641 : “The vendor is responsible for any latent defects in the purchased item that make it unfit for the intended use, or which limit that use to such an extent that the buyer would not have purchased it, or would have only paid a lower price, had the buyer known about the defects“.
French Civil Code – Article 1648 (1) : “The statutory time limit for claims for latent defects is two years from discovery of the defect.”
- INTELLECTUAL PROPERTY
The works of ANANBÔ remain the property of ANANBÔ and are protected as such throughout the world. Any partial or total reproduction is totally forbidden and will be liable to prosecution by the competent court.
All the images of the Customer’s creations from ANANBÔ’s Decors given by the Customer to ANANBÔ may be used by ANANBÔ as a reference, on all media, the said delivery being valid as an authorization without time limit.
- EXEMPTION FROM LIABILITY
12.1. The Customer may not claim any damage or compensation if the Website cannot be accessed for technical problems or other reasons.
12.2. The visual representations of the Decors displayed on the Website are not contractually binding.
12.3. The essential characteristics of the ANANBÔ Decors are available, in a legible and comprehensible manner, on the Decors sheets of the Website and in the summary email sent to the Customer by ANANBÔ. The characteristics of the Designs and the formats offered may be revised at any time by ANANBÔ without notice.
The representations of ANANBÔ Designs appearing on the Site may show chromatic nuances when printed with those visible from the digital tool from which the Site is consulted by the Customer.
The ANANBÔ Decors are painted by hand. These works are then digitized. The decor ordered is a digital print on non-woven paper with an ultra-matt finish.
The calibration of the printing colors is an operation that requires the know-how and visual memory of a colorimetry specialist. This operation is neither automated, nor programmable, nor reproducible in the identical. In the event that the Customer orders a partial, additional or total reprint of a design that he/she has previously purchased, ANANBÔ cannot guarantee a reprint with the exact color tones of the previous order.
12.4. Hyperlinks on the Website may redirect the Customer to external websites and ANANBÔ will not accept any liability for their content. Neither will ANANBÔ accept liability for any prejudice suffered by the User by visiting any of these external websites.
- MODIFICATION – NON-CANCELLATION
ANANBÔ reserves the right to amend these General Terms of Sale at any time. The Customer will be bound by the General Terms of Sale in force on the date of the order or of visiting the Website. ANANBÔ shall keep all former versions of the General Terms of Sale and shall send them to any Customer upon request.
If any clause of these General Terms of Sale is declared null and void by a court, this void shall not affect the other clauses which shall remain in force.
If ANANBÔ chooses to not enforce one or more of the clauses of these General Terms of Sale, whether temporarily or definitively, this shall not be construed as a waiver of its right to enforce any other of the clauses.
- APPLICABLE LAW – DISPUTES
The General Conditions of Sale are subject to the application of French law. The present General Conditions of Sale are written in French. Thus, only the General Terms and Conditions in French are authentic.
In the event that a dispute arises between the Parties, the Customer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of the dispute between it and ANANBÔ. In this respect, ANANBÔ guarantees the Customer effective recourse to a consumer mediation system.
By default, ANANBÔ offers the Customer recourse to the following consumer mediator:
Name of the mediator: Ms Anne CASIMIRO
Mediator’s organization: MEDICYS
Address of the mediator : Bordeaux (33)
Website of the mediator : www.medicys.fr
Contact of the mediator: email@example.com
The Parties agree that the dispute may not be examined by the consumer mediator if the Customer does not justify having previously attempted to resolve his dispute directly with ANANBÔ by means of a written complaint sent by registered letter with acknowledgement of receipt to ANANBÔ within 15 days of the delivery of the Decor; the claim is manifestly unfounded or abusive; the dispute has been previously examined or is being examined by another mediator or by a court; the Customer made the claim to the mediator within a period of more than one (1) year from the date of his or her written complaint to ANANBÔ; the dispute does not fall within the scope of the mediator.
15.1. “My account”
Customer must create an account before being able to order items on the Website. To do so, Customer must enter certain personal data. If the Customer does not supply accurate details, the order may be cancelled by the ANANBÔ and the Customer account deleted. Certain information is required to place an order, without which the Customer’s account cannot be created and the order cannot be confirmed. All mandatory information is marked as such. Refusal by a Customer to supply any mandatory information will mean the account cannot be created and the order cannot be confirmed.
The Customer may use the “My Account” section to view his/her personal date, all orders placed via the Website and track delivery of the Decor.
ANANBÔ shall ensure all information which it is required to store by statute or regulation is kept securely.
The account holder may print any pages from his “My Account” section on the Website, but these shall under no circumstances constitute evidence and are simply provided for information purposes to allow the Customer to manage his orders.
Customer must select a password when creating their account. This password guarantees the confidentiality of the information contained in the “My Account” section. Customer must therefore not disclose or send their password to any third party. Otherwise, ANANBÔ will not accept liability for any unauthorized access of a Customer’s account.
ANANBÔ reserves the exclusive right to delete the account of any Customer who breaches these General Terms of Sale (in particular but not only when a Customer knowingly provides false information to create an account) and any account which is inactive for at least a year. Customer may not claim compensation for the deletion of any account in these circumstances.
Deletion of an account does not preclude the right of ANANBÔ to take legal action against the Customer, if justified by the facts.
ANANBÔ is particularly attached to the respect of the private life and the confidentiality of the personal data of its customers. Aware of the importance of this data, we are committed to protecting it in accordance with the regulations in force applicable in France.
In order to ensure that your personal data is fully respected, we detail below the terms and conditions for the collection and use of your personal data, your rights over your data and your obligations.
15.2.1 – Some definitions
“We“: the ANANBÔ company acting as data controller;
“RGPD“: this is the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
“You” is any person whose personal data we collect, including visitors or users of our Site, our customers and prospects.
15.2.2 What personal data do we collect?
We collect personal data about you exclusively in relation to the purposes described below, to honor our commitments, to get to know you better and to optimize our quality of service.
In this respect, it is important that you inform us immediately of any change in your personal data so that we can update them. Otherwise, we may not be able to provide some of our services.
You will find details of the personal data we collect below:
- Data relating to your identity (title, surname, first names, personal address, personal telephone number, personal e-mail address, internal processing code allowing the identification of the customer, language spoken) ;
- Browsing data on our website (IP address, browsing origin, browsing data, version and type of browser, operating system used, areas and time of the request);
- Data related to transactions carried out (Sets purchased, quantity, amount, payment methods, billing address, discounts granted, receipts, balances and outstanding payments, transaction number, purchase details, origin of the transaction)
- Data relating to the follow-up of the commercial relationship (periodicity of the purchases carried out, records and copies of your written communications with our services);
- Data necessary for the realization of the actions of development of customer loyalty, personalization of the services, canvassing, study, survey and promotion.
15.2.3 – Pour quelles finalités collectons-nous vos données personnelles ?
Nous collectons vos données personnelles pour les finalités suivantes :
To respond to a contact message or more generally to any request
This processing is justified by the existing contractual or pre-contractual relationship between you and our company
To carry out operations relating to customer management concerning contracts, orders or requests for information
This processing is justified by the existing contractual or pre-contractual relationship between you and our company
To carry out operations relating to customer management concerning invoices, accounting and in particular the management of customer accounts
This processing is based on our legal obligations
To carry out operations relating to customer management concerning the follow-up of the customer relationship such as the realization of satisfaction surveys or polls, the management of complaints
This processing is based on our legitimate interest to improve the quality of our services
To carry out operations relating to canvassing, such as the management of technical canvassing operations, the selection of persons to carry out canvassing and promotional activities, the carrying out of solicitation operations
With regard to data concerning our customers :
This processing is based on our legitimate interest – in order to improve our quality of service, our offers of Decors as well as the content and presentation of our Site
Regarding data concerning our prospects :
This processing is based on your prior consent.
When, exceptionally, the collection of consent is not possible, this processing is based on our legitimate interest as described above.
Management of requests for access, rectification and opposition rights
This processing is based on our legal obligations
Management of unpaid invoices and disputes, management of complaints
This processing is based on our legitimate interest to improve our quality of service and to limit legal disputes
15.2.4 – When do we collect your personal data?
We collect your personal data:
- when you visit our Website, in particular by cookies and other web analysis technologies;
- when you contact us by email or by phone;
- when you make a purchase on our Website.
In general, we take care to minimize any collection of personal data about you and undertake to collect only the data that is necessary for each of the purposes below.
Under the provisions of the documents under which we collect your personal data, either (where asterisks are present) the data marked with an asterisk is necessary to respond to your requests or to comply with a legal or regulatory obligation, or (where no asterisks are present) all the information requested from you is necessary to respond to your requests or to comply with a legal or regulatory obligation. Not providing us with this information may therefore preclude us from responding to your requests.
15.2.5 – How long do we keep your personal data?
The duration of the retention of your personal data differs according to the purpose for which we collect it.
We have summarized in the following table the main retention periods that we apply:
Conservation period of personal data
Management of our prospect files
3 years from the moment your data is collected or from the last contact from you
Development of commercial statistics
3 years from the moment of collection of your data or the last contact from you or from the end of the commercial relationship
Management of our customer files
For the period of our commercial relationship and beyond until the end of the limitation period attached to our legal guarantees (in order to limit the duration of conservation, we retain for this purpose a period of 5 years from the last delivery that we make)
Statistics of web audience measurement
Browsing data on our Site
ID Documents in case of exercising the right of access or rectification
ID Documents in case of exercising the right of opposition
At the end of these periods, your personal data will be irreversibly deleted or made anonymous.
However, your personal data may be conserved beyond the indicated periods in the following cases:
- to comply with a legal or regulatory obligation, for the time required to fulfil the obligation in question;
- to respond to legal process, for the duration of the statute of limitations provided by applicable law;
- to respond to a legal action for the duration of the legal action.
15.2.6 – Who are the recipients of your personal data?
All the data that you share with us, or that we collect from you, will be kept secret and will not be disclosed to third parties, except if the law requires it or if the data must be transmitted in order to carry out the request made or the contractual relationship to which you have subscribed.
Only authorized ANANBÔ staff have access to your personal data.
However, your personal data may be transmitted to the following recipients, exclusively when necessary:
- third-party companies involved in the execution of the request made;
- our IT service providers;
- our subcontractors;
- judicial and legal officers within the framework of their mission of advice, debt collection or representation.
We strictly require our service providers and subcontractors to use your personal data only to manage the services we ask them to provide. We also require these service providers and subcontractors to always act in accordance with applicable data protection laws and to pay particular attention to the privacy and security of your data.
We may also be required to share your data with third parties in order to comply with a legal order.
15.2.7 – Can my personal data be transferred outside the European Union?
We take care to keep your data safe and do not transfer it outside the European Union.
However, if such a transfer were to occur, we will inform you and assure you that we will take special care to ensure that the transfer is carried out in accordance with the applicable regulations and will put in place appropriate and strict organizational, procedural and technical measures to ensure the security and confidentiality of your personal data.
15.2.8 – When cookies are deposited during the Website using?
During the visiting of our Website, the browser on your device (computer, Smartphone, tablet etc.) will store certain information in files called “Cookies”.
You will find hereunder information allowing you to better understand how cookies work and how to use the existing tools to set them.
Cookies are small text files that websites place on the hard disk drive of your computer, cell phone or tablet when you visit a website. Their purpose is to collect information relating to your navigation and to allow some functions.
In particular, cookies help us to know what information you like, in order to guarantee you a fluid and optimal navigation on our Website and to guarantee the performance of the latter.
In your computer, your mobile or your tablet, the cookies are managed by your internet browser.
- Cookie purposes
Our Website uses navigation cookies. These are cookies that allow the user to better navigate the Website and access all of its features.
- Accept or reject cookies
You have several ways to manage cookies.
- Setting up your internet browser
You can choose to disable these cookies at any time.
Here’s how to control or prevent cookies from being saved:
The configuration of each browser is different. You can find out how to change your cookie preferences in the help menu of your browser.
Each browser has its own cookie management options. All information can be found in the corresponding user instructions:
For Internet ExplorerTM :
For Microsoft EdgeTM :
For ChromeTM :
For FirefoxTM :
Flash© cookies from Adobe Flash PlayerTM
Adobe Flash Player™ is an application for delivering dynamic web content programmed in Flash. Flash (and similar applications) uses a technology similar to cookies to remember settings, preferences and usage data. However, Adobe Flash Player™ manages this information and your preferences using a different interface to the one provided by your browser.
If your device is able to display content programmed in Flash, you can manage your settings directly at http://www.adobe.com/.
- Setting-up your cookies management platform
You can manage your cookies by visiting cookie management platforms provided by professionals in the advertising industry.
To learn more about cookies and their management, visit the CNIL website https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser or click on the “Help” option in your browser menu.
15.2.9 – What are your rights regarding the processing of your personal data?
In accordance with the regulations in place, you have the following rights:
- right of access to your personal data contained in our databases,
- right to rectify or delete your data, being specified that this right may be limited with regard to our contractual and/or legal obligations,
- right to limit the processing of your personal data in the cases provided for by the regulations and in particular by Article 18 of the RGPD,
- right to portability of your data,
- right to opposition to the collection and processing of your data for legitimate reasons,
- right to object to the use of your data for commercial prospecting purposes by our company,
- right to retract your consent at any time, for the processing for which we have collected your consent.
You can exercise these rights, free of charge, by sending us a request accompanied by proof of identity (by choice):
- by e-mail to the address: firstname.lastname@example.org
- by mail to the following address Château Montaliret, 1260 route de Branne, 33420 GENISSAC
You also have the right to introduce a complaint to the French “Commission Nationale Informatique et Libertés” (CNIL). In case, we are at your disposal in case of any difficulty in order to find an amicable solution.
You can also give general or specific instructions to a trusted third party certified by the CNIL or to our company, concerning the conservation, deletion and communication of your personal data after your death. You may designate a person to carry out these instructions and change them at any time. In the absence of instructions given during your lifetime, your heirs will be able to exercise some rights, in particular the right of access.
15.2.10 – Updating our personal data protection policy
We may occasionally modify or amend our personal data protection policy in order to update it, particularly regarding the developments of our activities.
We invite you to consult it regularly and in particular during each visit to our Website in order to take note of its latest version.
However, we will make sure to inform you of any substantial change in the use of your personal data by our company and/or will ask for your consent if necessary.
Date of update: April 6, 2021
- GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONAL CUSTOMERS
The following provisions constitute the regime to which ANANBÔ subjects the sale of its Decors to professional Customers, located in France and the European Union, Norway, Switzerland, the United Kingdom, the United States, Canada, Australia and New Zealand, and are therefore not applicable to its Consumer Customers.
16.1 Customer engagement, Prices
Articles 2 and 3 of the General Terms and Conditions of Sale for Consumer Customers are applicable to ANANBÔ’s relations with Professional Customers.
Article 4 of the General Terms and Conditions of Sale for Consumer Customers is completed as follows:
Orders are only confirmed and final after their express acceptance by ANANBÔ and their payment must be made before any delivery of the Decors.
In order to optimize the security of payments, additional proof may be requested from the Customer for any order in order to verify the identity of the cardholder of the bank or the check used for payment, in particularly any Company registration extract. The data thus provided by the Customer is subject to the protection described in Article 15 “Personal data” above.
If the Customer fails to respond, ANANBÔ reserves the right not to confirm the order.
ANANBÔ is free to decide to refuse any orders that have been submitted, taking into account
- the quantities of Decors concerned by the said order ;
- the availability of the Decor ordered;
- in the event of information, from the banking institution in charge of managing the payment of the order by ANANBÔ, indicating that it is impossible to implement the Customer’s means of payment.
More generally, no waiver of a contract by ANANBÔ shall constitute a fault and shall not give rise to any right to compensation for the Customer.
Article 6 of the General Terms and Conditions of Sale for Consumer Customers is completed as follows:
Any amount not paid to ANANBÔ in accordance with article 16.2 shall give rise to the application of :
- late payment penalties calculated on the amount of the outstanding amount at the rate of three (3) times the legal interest rate in force. These penalties run from the day following the date of payment shown on the invoice until full payment of the amount due,
- a flat-rate indemnity of forty (40) € for collection costs. When the collection costs incurred by ANANBÔ are higher than the amount of this fixed compensation, ANANBÔ reserves the right to request additional compensation upon presentation of the corresponding receipts.
Furthermore, the non-payment of a single invoice shall, at ANANBÔ’s discretion, make the amount of the other invoices still owed to ANANBÔ immediately due and payable by operation of law – all the amounts in question shall immediately generate interest in accordance with the terms and conditions defined above.
In addition, ANANBÔ may, at its own discretion :
- suspend its obligations concerning the order affected by the delay as well as all orders in progress until full payment of the amounts that the Customer still owes it;
- rescind the order relating to it. This rescind shall not only affect the current order but also – if ANANBÔ so wishes – all or part of the previous or future unpaid orders, whether or not their payment is due. Any advance payments made by the Client will be retained by ANANBÔ;
The aforementioned measures do not prevent ANANBÔ from obtaining in addition the payment of any damages for the loss suffered by ANANBÔ.
16.4. Sales abroad
Any sale to a country other than metropolitan France places the Customer in the position of importer, who will consequently ensure, under his sole responsibility, the entry of the Decors into the territory of destination, will carry out all the necessary steps, and will assume all taxes, customs or import duties and more generally all sums to be paid in connection therewith.
16.5.1. Delivery options
Sales concluded with Professional Customers are made from ANANBÔ’s place of printing and are governed by the CCI Incoterm (2020 edition) EXWORKS for European Union including France, or FCA outside the European Union.
Consequently, the delivery is considered carried out
- on the date resulting from the stipulations of article 16.5.2. – The Customer must collect the Decors on the mentioned above date and at the place indicated for this purpose by ANANBÔ,
- If the aforementioned date could not be met by ANANBÔ: when the Decors ordered are effectively handed over (at the place indicated for this purpose by ANANBÔ) by ANANBÔ to the Customer or to the carrier designated for this purpose by the buyer.
ANANBÔ is also able to organize the transport service in the name and on behalf of the Customer under the following conditions, which the Customer accepts by wishing to place its order on the Site:
16.5.2. Place and cost of delivery
Articles 5.1 and 5.2 of the General Terms and Conditions of Sale for Consumer Customers are applicable to ANANBÔ’s relations with Professional Customers.
16.5.3. Delivery times
The delivery of the Decors ordered by the Customer will only be made after full payment of the order has been received. Thus, in case of payment by check, the delivery of the order can only take place after ANANBÔ has cashed the check.
The delivery time includes the preparation time of the order estimated between eight (8) and fifteen (15) working days unless otherwise indication at the time of making the order, as well as the time of delivery of the package by the carrier.
The delivery time may be extended :
- if the Customer chooses to pay by bank transfer, because the order will be prepared upon receipt of the actual payment of the order,
- upon importation of the Decor, through the application of customs clearance procedures, which may involve inspection of the Decor by the authorities of the importing country.
ANANBÔ will do its best to respect the agreed delivery date. In the event that ANANBÔ is unable to deliver on the mentioned above date, ANANBÔ will inform the Customer and will approach it to agree on a new delivery date. The aforementioned delivery time is given as an indication, and any overrun of the said time may not give rise to damages, compensation, deductions or cancellation of the order for the benefit of the Customer.
It is also reminded that force majeure releases ANANBÔ temporarily or permanently from any delivery commitment at ANANBÔ’s discretion and without compensation to the Customer. Such a situation includes, but is not limited to, the following events:
- Destruction affecting all or part of the installations of ANANBÔ or its subcontractors;
- Serious public disorder, war, strikes, riots, government actions, epidemics, blockage of means of transport and communication;
- Natural disasters, cold waves or any other similar events;
- Technical unavailability, exhaustion of stocks and possible delays of ANANBÔ suppliers;
and more generally, any events or causes beyond the control of ANANBÔ, hindering and/or stopping the supplies and/or deliveries of ANANBÔ or those of its suppliers, service providers and/or subcontractors, and preventing ANANBÔ in good faith from delivering the Decors covered by the order.
16.6 Transfer of ownership and risks
The Decors ordered remain the property of ANANBÔ until full payment of the price.
In case of payment by check, full payment is only made once the check has been cashed by ANANBÔ.
The retention of title does not prevent the transfer to the Customer of the risks of loss or deterioration of the Decors subject to retention of title as well as of the damage that they may suffer or cause. This, upon receipt by the Customer or by a third party designated by him, concerning the aforementioned Decors.
16.7.1 Installation instructions
Article 5.5.2. of the General Terms and Conditions of Sale intended for Consumer Customers is applicable to ANANBÔ’s relations with Professional Customers, which stipulates, as a reminder, that :
“The installation of the Decors must be carried out in strict compliance with the installation instructions shown on the Site.
ANANBÔ assumes no responsibility for the installation, as ANANBÔ does not provide any services in this respect, and the installation is therefore the sole responsibility of the Customer or its installation service provider, so that the Customer may not request any compensation or a replacement Decor from ANANBÔ in the event of damage caused, during the installation, to the Décor or to the wall on which it has been installed.
Any claim made after the installation of the Decor on the wall cannot be taken into account. Any claim will be declined, concerning both the installation costs and the supply of a replacement Decor after the installation. “
16.7.2 Receipt of the order
The Decors are deemed to be in conformity and therefore approved by the Customer upon departure from the place of printing of the Decors.
Upon receipt, the Customer shall verify the nature, condition, quantity, and more generally the conformity of the Decors delivered to the content of the order concerned.
In all circumstances, any reserve or dispute relating to the conformity of the delivery must, upon receipt of the Decors and in the presence of the carrier:
- be mentioned by the Customer in an explicit and detailed manner on the delivery note ;
- be mentioned on the delivery note remaining in the hands of the carrier with the date, time and signature of the Customer;
- Without prejudice to the provisions that has to be taken by the Customer with regard to the carrier, the Customer shall immediately inform ANANBÔ (via the contact form on the Site) and confirm the same day to ANANBÔ by registered letter with acknowledgement of receipt. The Customer shall provide any justification concerning the anomalies found and take all measures so that ANANBÔ can proceed to their observation.
Any claims regarding the conformity of the Decors or apparent defects in the Decors will only be acceptable if they are made in writing at the time of reception and, at the latest, within eight (8) days of reception.
In the event of a request for the return of a Decor alleged by the Customer to be defective or non-conforming, the aforementioned Decor shall be held by the Customer – pending a decision on the matter by ANANBÔ – at the disposal of the seller at the Customer’s premises. It is the Customer’s responsibility to provide ANANBÔ with all information and justification concerning the Decor in question and the alleged defect or non-conformity – the Customer must give ANANBÔ all the powers and take all the steps necessary for ANANBÔ to examine the allegedly affected or non-conforming Decor itself, or through any person that ANANBÔ may decide to appoint for this purpose. To this end, the Customer shall not intervene itself or have recourse to a third party for this purpose and shall take all measures to preserve the integrity of the allegedly defective or non-conforming Decor. The failure of the Customer to comply with these provisions shall exclude any recourse against ANANBÔ and shall exonerate the latter from any possible liability.
ANANBÔ warrants the Decors sold and supplied by it against any hidden defect under the conditions and within the limits below:
- The warranty is only applicable if the Customer has satisfied the general obligations hereunder and, in particular, the payment conditions;
- The warranty is strictly limited to the Decors delivered by ANANBÔ ;
- ANANBÔ’s warranty obligation does not apply in the event of an apparent defect, defective storage and fault on the part of the Customer or a third party, unsuitable storage, lack of supervision or maintenance, or improper use of the Decor, failure to follow the installation instructions, use of the Decor in unsuitable conditions;
- Any guarantee is also excluded for incidents resulting from cases of force majeure as defined in article 16.5 above, transport, as well as for deterioration, replacements or repairs resulting from normal use of the Decors;
- In order to be able to invoke the benefit of the warranty, the Customer must notify ANANBÔ in writing of the defects that it attributes to the Decor and provide all justifications and in particular pictures as to the content of the defects. The Customer shall give ANANBÔ every opportunity to ascertain the defects and to remedy them. The Customer shall establish that the defect has manifested itself under the conditions of use recommended by ANANBÔ ;
- The warranty is limited to the obligation to supply, at its own expense, as soon as possible and in any event with a future order, Products replacing those recognized as defective by ANANBÔ’s technical services on the basis of the information provided by the Customer, or to issue a credit note for the amount of the Products recognized as defective.
- After having been duly notified of the defect in the Product, ANANBÔ shall remedy such defect as soon as possible in order to meet its obligations.
The present warranty regime does not exclude the warranty for defective products (Articles 1245 and following of the French Civil Code). However, the latter warranty shall be limited with respect to the Customer to the damage caused to the Decors only, in accordance with Article 1245-14 paragraph 2 of the French Civil Code.
16.7.5. Scope of ANANBÔ’s compliance and warranty obligations
In the event of non-conformity or defect affecting the Decors, and insofar as it has been definitively recognized that the defect or vice is the exclusive responsibility of ANANBÔ, ANANBÔ’s liability is strictly limited to the obligation to proceed with :
- Either to exchange the non-conforming Decors. To this end, the Customer shall send the aforementioned Decors to ANANBÔ and ANANBÔ shall reimburse the Customer for the shipping costs of the aforementioned Decors initially paid by the Customer.
- Or the reimbursement of the price paid by the Customer to ANANBÔ for the non-compliant Decors.
In any case, ANANBÔ’s liability is limited to the present obligations and shall not extend beyond them, and in particular to damages resulting from the unavailability of the Decor(s) which is (are) the object of the order or to immaterial damages, consecutive or not.
ANANBÔ’S LIABILITY SHALL NOT BE EXTENDED BEYOND THE PRICE RECEIVED FOR THE DECORS SOLD UNDER THE ORDER – ON THE OCCASION OF WHICH THE DAMAGE OCCURRED.
16.8 Other Applicable Provisions – Applicable Law and Dispute Resolution
16.8.1 Other applicable provisions
Articles 7, 8, 11, 12, 13 and 15 of the General Terms and Conditions of Sale for Consumer Customers are applicable to Professional Customers.
16.8.2. Applicable Law and Dispute Resolution
The stipulations of these general terms and conditions of sale (article 16 including the additional stipulations from the General Terms and Conditions of Sale intended for Consumer Customers which are referred to in article 16 as being expressly applicable to ANANBÔ’s relations with Professional Customers), as well as more generally the relations between ANANBÔ and Professional Customers, are subject to French law, to the exclusion of any other law or international convention relating to the international sale of goods.
It is expressly specified that the Commercial Court in whose jurisdiction the registered office of ANANBÔ is located shall have sole jurisdiction in the event of any dispute of any nature, particularly relating, without limitation, to the validity, performance or enforceability, or difficulty in interpreting these general terms and conditions of sale and, more generally, relating to the commercial relationship between ANANBÔ and the Customer, unless ANANBÔ prefers to bring the matter before any other competent court. This clause shall apply even in the event of summary proceedings, incidental claims or multiple defendants, and regardless of the method and terms of payment as accepted under the conditions defined below by ANANBÔ.