PREAMBLE

The offer of the present electronic store is proposed by the company La Boutique du Feng Shui

The store mentions the following information:

Identification of the company

La Boutique du Feng Shui
Place de la Gare 2
1950 SION
SUISSE

Tel : + 33 (0)6 23 38 82 33

+ 0041 79 627 12 84

Email : contact@laboutiquedufengshui.com

Presentation of the essential characteristics of the goods and services offered

  • Indication of the total price to be paid for the goods and services offered in Euros, excluding taxes for all countries. The company is not subject to VAT. The prices indicated do not include the participation in the shipping costs.
  • Indication of the terms of payment, delivery or execution.
  • Existence of a right of withdrawal.
  • Duration of validity of the offer and price.

All information contained in the site www.laboutiquedufengshui.com (hereinafter referred to as the Site) are in French language.

The customer acknowledges having, prior to placing the order, read all the above information and the general conditions of sale.

He also declares to have the legal capacity to commit himself under these general conditions.

The company reserves the right to modify at any time the present general conditions of sale, provided that these modifications appear on its online sales store.

The present general conditions of sale have for object to define the rights and obligations of the parts within the framework of a remote sale of goods proposed in the present electronic store by the company.

1 - THE CUSTOMER SERVICE

For any information or question, a customer service is available to the buyer on working days, from Monday to Friday by phone at + 33 (0)6 23 38 82 33 or by e-mail using the contact form of the site. No orders are taken by phone.

2 - COVERAGE OF THE OFFER

The geographical area of coverage of the Feng Shui Shop offer is as follows: France and Dom Tom, Luxembourg, Belgium, Switzerland.

3 - CONTRACTUAL DOCUMENTS

The present contract is made up, in decreasing order of legal value, of the following documents:

The photographs illustrating the products on the Site are not part of the contract. If errors or alterations resulting from the processing of these photographs are introduced, the responsibility of the Feng Shui Shop cannot, under any circumstances, be engaged for this fact.

4 - ORDER TAKING

Any order form signed by the validation click constitutes an irrevocable commitment of the customer which can only be called into question in the cases restrictively provided for in the present contract in the articles "Right of withdrawal" and "Execution of the order".

5 - ORDER CONFIRMATION

The conclusion of the contract will occur only at the moment of the confirmation of the order by the Feng Shui Shop. The customer will receive by e-mail an acknowledgement of receipt confirming the order with all the elements constituting the contract (products ordered, price, delivery time, shipping costs, ...). The Feng Shui Shop reserves the right not to confirm an order for any reason whatsoever, in particular due to a product supply problem or to a problem concerning the order received. The sale will be considered final only after the Feng Shui Shop has sent the buyer an order confirmation and has received the full price. The information relative to the orders placed by the customer can be consulted by him/her when he/she connects to the site with the login and password he/she used to create his/her account and register his/her order. It is recommended to the buyer to keep this information on a paper or computer document.

The buyer declares to have read and accepted these General Conditions of Sale of the online store before placing his order. The validation of his order is therefore acceptance of these Terms and Conditions. Unless proven otherwise, the data recorded by the online store constitute proof of all transactions between Energie et Bien-être and its customers.

6A - CHOICE OF THE ARTICLES

The buyer, having acquainted himself/herself with the products and their characteristics marketed by the online store, has under his/her sole responsibility and according to his/her needs as previously determined before placing any order, made his/her choice on the product(s) being the object of his/her order. The Feng Shui Shop provides the buyer with the following services to help him/her choose the products: a customer service by phone; a help service by e-mail.

6B - AVAILABILITY OF ITEMS

In case of delivery of a product that does not correspond to the order (non-conforming), the buyer must make his claim by registered mail, with acknowledgement of receipt, within seven days from the signature of the delivery slip. The Feng Shui Boutique undertakes to reimburse or exchange products that do not correspond to the buyer's order. In this case, the Feng Shui Store thanks the buyer for detailing the problem in writing and for returning the product(s), after written acceptance by the Feng Shui Store. The Feng Shui Shop will exchange or refund the product(s) by check letter. The shipping costs will be reimbursed on the basis of the invoiced rate, and the return shipping costs will be reimbursed on the basis of a shipment of the non-conforming product, in colissimo followed by the Post Office, in force at the date of the order. In any case, the buyer will benefit from the provisions of the legal guarantee, in particular those relating to the guarantee of hidden defects. At the end of this period of seven days, the delivered products will be considered as conforming to the order and accepted by the buyer.

6C - CHOICE OF ARTICLES

In accordance with Article L 111-1 of the Consumer Code, the buyer can, prior to his order, take note, on the online store, of the essential characteristics of the products he wishes to order. The buyer selects one or more products among the various categories offered on the online store. The offers presented by the website are valid within the limits of available stocks. For products not stocked in its warehouses, the offers presented are valid subject to availability from the suppliers. La Boutique du Feng Shui reserves the right to modify the assortment of products according to the constraints of its suppliers. In case a supplier would modify a product, the graphic representation of this one would not engage the responsibility of the salesman nor affect the validity of the sale. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit the seller. In case of unavailability of the ordered product, the Feng Shui Shop will inform the buyer as soon as possible. In accordance with the provisions of article L121.20.3 of the French Consumer Code, the online store may in this case provide a product of equivalent quality and price. Should La Boutique du Feng Shui fail to make use of this option, the buyer will be reimbursed without delay and at the latest within 30 days of the payment of the sums paid.

7 - PRICE / INVOICE

The prices are expressed in Euros. The price guaranteed to the buyer is the one displayed on the Site at the time of purchase. The price fixed at the time of purchase is firm and final. It does not include the participation in the delivery costs invoiced in supplement and which will be indicated in the confirmation of order. Shipping costs are free for France only (excluding DOM-TOM) for all baskets of an amount greater than or equal to 69€ TTC.

No other duty or VAT will be charged for deliveries within the European Union.

An invoice will be issued by La Boutique du Feng Shui. The customer will have to specify the shipping address of the invoice.

La Boutique du Feng Shui reserves the right to modify its prices at any time; however, the products will be invoiced on the basis of the prices in effect at the time of order registration, subject to availability.

8 - PAYMENT

The payment of the totality of the price is due immediately at the date of the order. At no time, the sums paid can be considered as a deposit or advance payment. The total amount of the order will be cashed by La Boutique du Feng Shui at the time of the order shipment, unless otherwise specified on the item page. All orders are payable in Euros. To pay for his/her order, the buyer can use all the payment methods mentioned on the order form: credit card (credit card, Mastercard, Visa), Paypal, bank transfer, bank check. The buyer guarantees La Boutique du Feng Shui that he/she has the necessary authorizations to use the method of payment he/she has chosen, when registering the order form. The Feng Shui Boutique reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the buyer, or in the event of a payment incident. The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof. La Boutique du Feng Shui reserves the right to ask for a photocopy of the buyer's identity card for any payment by credit card or check. Within the framework of the fight against Internet fraud, information relating to any order may be transmitted to any authorized official body for verification. In the particular case of pre-ordered items, the buyer's payment may be collected up to thirty days before the order is shipped.

9 - DEFAULT OF PAYMENT - RESERVATION OF OWNERSHIP

The ordered products remain the property of La Boutique du Feng Shui until the final and complete payment of their price in accordance with the terms of the law n°80 335 of May 12th 1980. La Boutique du Feng Shui reserves the right to claim the products ordered in case of non-payment.

In this case, and upon first request from the Feng Shui Boutique, the customer agrees to return any unpaid product, at his own expense.

10 - TRANSFER OF RISKS

The products remain the full and complete property of the Feng Shui Store until full payment of the price, including all fees and taxes. This reservation of ownership does not prevent the transfer of risks, which shall be borne by the buyer as of the date on which the ordered products leave the Feng Shui Store's warehouses, in accordance with the provisions of the article.

11 - DELIVERY

Unless otherwise specified, delivery is made to the address indicated by the buyer when placing the order. In case of false or incomplete delivery address given by the buyer, and in case of impossibility of delivery and return of the package following this error, the customer will be asked for the amount of the forwarding expenses. In case of refund, the shipping costs already incurred will be subtracted from the amount to be refunded. The risks will be at the customer's charge as of the date the ordered products have left the premises of La Boutique du Feng Shui. Delivery times are only indicative unless, exceptionally, La Boutique du Feng Shui has committed to a specific delivery date. If the buyer chooses to pay by check, the order will only be processed upon receipt of the check and the delivery time will be calculated accordingly. In the event of a large order, La Boutique du Feng Shui may have to split the order into several packages. In case of partial availability of the items, the available items may be sent at first, the balance of the order will be sent when all the other items are available. La Boutique du Feng Shui offers to its customers to be delivered, depending on the destination, by Colissimo suivi, Colissimo Outre-Mer. Large items can only be delivered by carrier. Smaller items can be sent by the Post Office in Lettre Max.

Characteristics of the Colissimo followed (France, Corsica, and Monaco):

The Colissimo with tracking number allows you to follow the shipment of the order from the deposit at the post office to the arrival at the recipient. The parcel is delivered by letter carrier, to the delivery address specified on the order. In case of absence or congestion of the parcel, the recipient of the ordered product will receive a notice of passage of his factor, allowing him to withdraw the ordered products at the nearest post office, during a fifteen days deadline. If at the end of the fifteen days, the parcel is not claimed, it will be sent back to La Boutique du Feng Shui. The buyer is required to verify, in the presence of the post office employee, the packaging of the goods and its contents upon delivery. In the event that the buyer has any doubt whatsoever about the content of the package, he/she is required to

- to apply the Colissimo procedure (including reporting the damage due, all claims and reservations) and refuse the goods by immediately issuing a statement of anomaly with the employee of the Post Office (report 170).
- to report these incidents to the manager.

The average time from the warehouses of the company are as follows :

- Colissimo followed: 2 to 4 days

Characteristics of Colissimo Overseas (DOM, TOM): Tracking number (registered) of the order to trace it from the warehouse until delivery. Delivery against signature.

The average times from the company's warehouses are as follows:

- Priority Overseas Parcel: 4 to 10 days

Registered Parcel (other destinations) Tracking number (registered) of the order to trace it from the warehouse to the delivery. Delivery against signature.

The average delivery time from our warehouse is as follows

- Priority mail to Euro zone: 3 to 4 days

La Boutique du Feng Shui cannot be held responsible for delays in payment due to the difficulties of the Post Office

In the event of a delay in delivery in relation to the date initially set, the buyer must notify La Boutique du Feng Shui in writing (mail, fax, e-mail) in order to improve the quality of service that may be offered to him/her, and to allow the company to proceed with an investigation with the offending carrier. An investigation with the carrier can take up to 21 working days. If during this period, the product is found, it will be immediately redirected to the place of delivery designated in the order form. On the other hand, if the product ordered is not found at the end of this 21-day investigation period, La Boutique du Feng Shui will proceed with a new shipment of the products ordered by the buyer at its own expense. In the event that the product ordered is no longer available, the provisions of article 8 will apply. In case of a new shipment of product, the delivery costs will be charged to the consumer.

12 - WARRANTY

In the event that the products delivered by La Boutique du Feng Shui have a hidden defect, La Boutique du Feng Shui may, at its option, eliminate this defect or replace the defective product with another. If the company does not want to eliminate the defect or replace the defective product, or if it is unable to do so, or if it cannot do so within the time limit due to factors beyond its control or control, the buyer may, at his option, return the defective item to the company against reimbursement of the price of the defective item and return costs, or ask for a reduction in the sale price. The products offered are in conformity with the French legislation in force. La Boutique du Feng Shui declines all responsibility in the event that the product delivered does not respect the legislation of the country of delivery. Likewise, La Boutique du Feng Shui cannot be held responsible for the content of websites to which hypertext links may be sent from its online store. La Boutique du Feng Shui commits to take all the care in use in the profession for the implementation of the service offered to the customer. Nevertheless, its responsibility cannot be retained in case of failure to fulfill its contractual obligations due to a fortuitous event or a case of force majeure such as, and without limitation, natural disasters, strikes, fires, floods, failure or breakdown of equipment, means of transport, communication or due to the actions of the buyer. Moreover, the responsibility of the Feng Shui Store will not be engaged in case of delay due to a stock shortage at the supplier's or in case of error in the presentation of the products on its online store or advertisements in the various media (such as, and without limitation: press, television), the photographs, texts and illustrations representing the products not being contractual.

13 - RIGHT OF WITHDRAWAL

Satisfied or refunded. In accordance with Article L121-20 of the Consumer Code, the buyer has a period of seven clear days from the date of receipt, to return at its expense, the products ordered, for reimbursement within a maximum period of 30 days. The processing and shipping costs stipulated on the invoice remain the responsibility of the buyer. Products must be returned to La Boutique du Feng Shui in perfect condition for resale, in their original state (packaging, accessories, instructions...), duly sealed, and accompanied by the invoice corresponding to the purchase. Any incomplete, damaged or damaged packaging will not be refunded or exchanged. The exercise of the right of withdrawal will result in the award of a voucher for the buyer.

14 - CONDITION OF REFUND

Any refund at the expense of the Seller will be made in the form of a credit note valid for any subsequent purchase on the site. In all cases, the Seller will communicate at the time of the attribution of this credit by electronic message: its duration of validity, the possibility or not that the buyer will have to ask for a refund, its amount. If the credit note does not bear any mention to the contrary, during its period of validity, the Buyer may request a cash refund of his credit note by telephone or e-mail. This refund will be made by bank check. In case of partial use of this credit, the remaining balance will remain available to the Buyer under the same conditions as the original credit. By the very fact of using this credit, the Buyer commits himself on the honor not to formulate any dispute or opposition with his bank or other, to the transaction concerned by the refund. The Buyer acknowledges that he/she is aware that any breach of this obligation will expose him/her to the return of the sum unduly received, without prejudice to any damages that may be claimed by the Vendor.

15 - WITHDRAWAL OF PRODUCTS IN CASE OF ABSENCE OF THE CUSTOMER

In case of absence of the recipient during the delivery, the carrier will leave a notice of passage at the delivery address indicated by the customer. The products will have to be withdrawn with the address and according to the methods indicated by the conveyor.

In case of non withdrawal within the time limit set by the carrier, the products will be returned to La Boutique du Feng Shui which reserves the right to reimburse the price of the products, the shipping costs remaining at the customer's charge.

16 - PERSONAL INFORMATION

The automated processing of information, including the management of the e-mail addresses of the users of the site has been declared to the CNIL and registered under the number 681470. It is done in compliance with the provisions of the law n°78-17 of January 6, 1978.

The personal information requested from the customer is essential for the processing and delivery of orders, the establishment of invoices and possible warranty contracts. For these purposes, this information may be communicated to La Boutique du Feng Shui's contractual partners.

The customer can oppose to such communication and in accordance with the law "Informatique et libertés" (law of January 6th, 1978), he has a right of access, modification, rectification and deletion of the data which concern him by addressing to La Boutique du Feng Shui, Place de la Gare 2, 1950 SION - Switzerland.

For reasons of fraud limitation, La Boutique du Feng Shui may ask you to provide proof of identity or residence. We thank you for your understanding.

17 - ELECTRONIC SIGNATURE

The "validation click" constitutes an electronic signature.

This electronic signature has the same value between the parties as a handwritten signature.

18 - PROOF

The computerized registers, kept in the computer systems of La Boutique du Feng Shui under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties.

The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as proof.

19 - INTELLECTUAL PROPERTY

La Boutique du Feng Shui is the owner of the intellectual property rights on the site and of the right to distribute the elements appearing on the catalog of the electronic store and in particular the photographs for which it obtained the necessary authorizations from the persons concerned.

Consequently, the partial or total reproduction, on any support whatsoever, of the elements composing the site and the catalog, their use as well as their provision of third parties are formally forbidden.

20 - COMPLETENESS OF THE CONTRACT

The present general conditions of sale express the entirety of the obligations of the parties.

No other general or particular condition communicated by the customer will be able to integrate or derogate from the present general conditions.

21 - NON-WAIVER

The fact that the Feng Shui Store does not take advantage of a breach by the customer of any of its obligations shall not be interpreted as a waiver of the obligation concerned and of the right to take advantage of this breach later.

22 - NULLITY

If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.

23- DISPUTE

The present contract is subject to French law, both for the rules of substance and for the rules of form.

IN CASE OF DISPUTE AND IN THE EVENT OF FAILURE TO REACH AN AGREEMENT BETWEEN THE PARTIES, EXPRESS JURISDICTION SHALL BE GIVEN TO THE COURTS OF THE REGION OF THE HEAD OFFICE OF THE Feng Shui Store, NOTWITHSTANDING AN APPEAL FOR GUARANTEE OR PLURALISM OF DEFENDANTS, EVEN FOR EMERGENCY OR CONSERVATIVE PROCEEDINGS BY REFERRAL OR BY APPLICATION.


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