General terms and conditions of sale and use

General Terms and Conditions of Sale
For online sales to individual consumers

Preamble

These general terms and conditions of sale apply to all sales concluded on the Safwa Boutique website.

The website safwaboutique.com is operated by:

Company: ADI COMPANY SAS
Address: 107 boulevard national, 13003 Marseille, France
Website URL: safwaboutique.com
Email: boutique.safwa@gmail.com
Phone number: 07 45 09 62 06

The Safwa Boutique website sells the following products: perfumes, books, natural products, clothing. The customer acknowledges having read and accepted the general terms and conditions before placing the order. Therefore, the validation of the order constitutes acceptance of the general terms and conditions.

Article 1 - Principles

These general terms and conditions express the entire obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions apply to the exclusion of any other conditions, especially those applicable for in-store sales or other distribution and marketing channels.

They are accessible on the Safwa Boutique website and will prevail, if necessary, over any other version or contradictory document.

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms at any time. The updated terms will apply as soon as they are posted online.

If any sales condition is missing, it will be considered governed by the practices in force in the distance selling sector for companies based in France.

These general terms and conditions are valid until December 31, 2025.

Article 2 - Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, via the Safwa Boutique website.

These terms apply only to purchases made on the Safwa Boutique website and delivered exclusively in mainland France or Corsica. For deliveries to the DOM-TOM or abroad, please contact customer service via email at: boutique.safwa@gmail.com.

The products concerned include: perfumes, books, natural products, clothing.

Article 3 - Pre-contractual Information

The buyer acknowledges having received, before placing the order and concluding the contract, in a readable and understandable manner, the present general terms and conditions of sale and all information listed in Article L. 221-5 of the French Consumer Code.

The following information is provided to the buyer in a clear and comprehensible manner:

• The essential characteristics of the goods;
• The price of the goods and/or the method of calculating the price;
• Any additional transportation, delivery, or postage fees, and any other applicable charges;
• In the absence of immediate contract execution, the date or timeframe within which the seller commits to deliver the goods, regardless of the price;
• Information about the seller's identity, contact details, and activities, including information on legal guarantees, the functionalities of digital content, and, where applicable, its interoperability, the existence and implementation conditions of guarantees, and other contractual terms.

Article 4 - The Order

The buyer has the option to place an order online, from the online catalog using the provided form, for any product, within available stock limits.

The buyer will be informed of any product unavailability.

To validate the order, the buyer must accept the present general terms and conditions by clicking the indicated box, select the delivery address and method, and finally validate the payment method.

The sale is considered final:

• After sending the buyer a confirmation email of the order acceptance by the seller;
• And after the seller has received the full payment.

Any order constitutes acceptance of the prices and the description of the products available for sale. Any disputes on this point will be handled through potential exchanges and the guarantees mentioned below.

In certain cases, such as payment failure, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.

For any questions about order tracking, the buyer may call the following phone number: 07 45 09 62 06 (cost of a local call), Monday to Thursday from 10:30 AM to 7:00 PM, Friday from 2:00 PM to 7:00 PM, or email the seller at: boutique.safwa@gmail.com.

Article 5 - Electronic Signature

The online submission of the buyer's credit card number and the final validation of the order will serve as proof of the buyer's agreement:

• The payment of amounts owed under the order;
• Signature and express acceptance of all actions performed.

In the event of fraudulent use of the credit card, the buyer is encouraged, upon discovering this use, to contact the seller at the following phone number: 07 45 09 62 06.

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation via email.

Article 7 - Proof of Transaction

The computerized records, kept in the seller’s IT systems under reasonable security conditions, will be considered proof of the communications, orders, and payments made between the parties. The archiving of order confirmations and invoices is done on a reliable and durable medium that can be produced as evidence.

Article 8 - Product Information

The products governed by these general terms and conditions are those listed on the seller's website and marked as sold and shipped by the seller. They are offered subject to availability.

Products are described and presented with the utmost accuracy. However, if errors or omissions have occurred in this presentation, the seller’s responsibility cannot be held liable. Product photos are not contractually binding.

Article 9 - Price

The seller reserves the right to modify prices at any time but commits to apply the prices indicated at the time of the order, subject to availability at that time.

Prices are listed in euros. They do not include delivery fees, which are billed separately and indicated before order validation. Prices include the applicable VAT at the time of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.

If any taxes or fees, including environmental ones, are created or modified, either upward or downward, this change may be reflected in the sale price of the products.

Article 10 - Payment Method

This is a purchase order with an obligation to pay, meaning that placing the order requires payment from the buyer.

To pay for the order, the buyer may choose from the payment methods provided by the seller and listed on the seller's website. The buyer guarantees to the seller that they have the necessary authorizations to use the chosen payment method when confirming the order. The seller reserves the right to suspend any order processing and delivery in the event of a refusal of payment authorization from officially accredited organizations or in the case of non-payment. The seller also reserves the right to refuse delivery or to fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.

The price is fully paid on the day of the order through the following methods:

• Credit card
• PayPal

·       Article 11 - Product Availability - Refund - Termination

·       Except in cases of force majeure or during the closure periods of the online store, which will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stock, those indicated below. Shipping times begin from the order registration date as indicated in the order confirmation email.

·       For deliveries in mainland France and Corsica, the delivery time depends on the chosen carrier, typically ranging from 2 to 7 days after the buyer places the order, using services like Chronopost, UPS, Mondial Relay, and Colissimo. The maximum delivery time is 30 working days after the contract is concluded.

·       For deliveries to overseas territories or other countries, delivery terms will be specified to the buyer on a case-by-case basis.

·       In case of non-compliance with the agreed delivery date or timeframe, the buyer must, before canceling the contract, ask the seller to fulfill the contract within a reasonable additional time.

·       If the seller does not fulfill the contract within the new deadline, the buyer may freely cancel the contract.

·       The buyer must complete these steps by registered letter with acknowledgment of receipt or another durable written form.

·       The contract will be considered terminated when the seller receives the letter or the written notice informing them of the termination, unless the seller has complied in the meantime.

·       However, the buyer may immediately terminate the contract if the delivery dates or times above are essential conditions of the contract for them.

·       In this case, when the contract is terminated, the seller is obligated to refund the buyer the full amount paid, no later than 14 days from the date the contract was terminated.

·       If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer can then choose either to request a refund of the amounts paid within 14 days of the payment or to exchange the product.

·       Article 12 - Delivery Terms

·       Delivery refers to the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered according to the terms and timeline specified above.

·       Products are delivered to the address provided by the buyer on the order form, and the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. Upon request, the buyer can receive an invoice sent to the billing address instead of the delivery address by selecting the appropriate option on the order form.

·       If the buyer is absent on the delivery day, the delivery service will leave a notice in the mailbox, which will allow the buyer to pick up the parcel at the indicated place and time.

·       If the packaging is damaged, torn, or opened at the time of delivery, the buyer must inspect the items. If any items are damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused due to being opened or damaged).

·       The buyer must note any discrepancies on the delivery slip in the form of handwritten reservations, accompanied by their signature, such as damage, missing products compared to the delivery slip, damaged parcels, broken products, etc.

·       This verification is considered completed once the buyer, or an authorized person, has signed the delivery slip.

·       The buyer must confirm these reservations to the carrier by registered letter within two working days following receipt of the items and send a copy of this letter by fax or regular mail to the seller at the address provided in the legal notice of the site.

·       If the products need to be returned to the seller, a return request must be made within 14 days of delivery. Any claim made outside of this period will not be accepted. The product return will only be accepted if the products are in their original condition (packaging, accessories, instructions, etc.).

Article 13 - Delivery Errors

The buyer must file a complaint with the seller on the same day of delivery or at the latest on the first business day following the delivery, for any claims regarding delivery errors and/or non-conformity of the products in terms of nature or quality compared to the information on the order form. Any claim made after this period will be rejected. The complaint may be made, at the buyer's choice:

• By phone at the following number: 07 45 09 62 06;
• By email at the following address: Boutique.safwa@gmail.com.

Any claim not made in accordance with the above rules and within the specified deadlines cannot be taken into account, and the seller will be released from any responsibility toward the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the concerned product(s) and communicate it by email to the buyer. The exchange of a product can only take place after the exchange number is assigned. In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommended, to the following address: 107 boulevard national, 13003 Marseille.

Return shipping costs will be borne by the seller.

Article 14 - Product Warranty

14-1 Legal Warranty of Conformity
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal warranty of conformity provided in articles L. 217-3 and following of the Consumer Code.

In the event of the implementation of the legal warranty of conformity, it is reminded that:

• The buyer has a period of 2 years from the delivery of the goods to take action;
• The buyer can choose between repair or replacement of the goods, subject to the cost conditions provided in article L. 217-17 of the Consumer Code;
• The buyer is not required to prove the non-conformity of the goods within 24 months for new goods (12 months for second-hand goods), from the delivery of the goods.

14-2 Legal Warranty Against Hidden Defects
In accordance with articles 1641 and following of the Civil Code, the seller guarantees against hidden defects that may affect the sold goods. It will be the buyer's responsibility to prove that the defects existed at the time of the sale and are such that they render the goods unfit for their intended use. This warranty must be implemented within two years from the discovery of the defect.

The buyer can choose between the cancellation of the sale or a reduction in the price in accordance with article 1644 of the Civil Code.

Article 15 - Right of Withdrawal

Application of the Right of Withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not meet their expectations and request an exchange or refund without penalty, except for return shipping costs, which are at the buyer's expense.

Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing for the resale of the item as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the intention to withdraw.

In the event of exercising the right of withdrawal within the above-mentioned period, the price of the purchased product(s) will be refunded, and the delivery costs will be refunded.

Return shipping costs will be borne by the buyer.

Exchange (subject to availability) or refund will be processed within __________, and at the latest, within 14 days from the date of receipt by the seller of the returned products by the buyer under the conditions specified above.

Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• For the supply of goods whose price depends on fluctuations in the financial market beyond the professional's control and that may occur during the withdrawal period;
• For the supply of goods made to the consumer's specifications or clearly personalized;
• For the supply of goods that may deteriorate or expire rapidly;
• For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for health or hygiene reasons;
• For the supply of goods that, after delivery, are inseparably mixed with other items due to their nature;
• For the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
• For urgent maintenance or repair works requested by the consumer at their home, within the limit of strictly necessary spare parts and works to address the emergency;
• For the supply of audio or video recordings or computer software that have been unsealed by the consumer after delivery;
• For the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
• For the supply of digital content not provided on a physical medium, whose performance has started after the consumer's express prior agreement and express waiver of their right of withdrawal.

Article 16 - Force Majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as causes of exemption from the obligations of the parties and result in their suspension. The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance.

Force majeure shall include any irresistible facts or circumstances that are external to the parties, unforeseeable, unavoidable, independent of the parties’ will, and that cannot be prevented by the parties despite all reasonable efforts. Specifically, force majeure includes, but is not limited to, transport or supply disruptions, earthquakes, fires, storms, floods, lightning, telecommunication network failures, or difficulties related to external telecommunication networks.

The parties shall meet to assess the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the affected party.

Article 17 - Intellectual Property

The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to this content. Buyers agree not to use this content in any way; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

Article 18 - Data Protection and Privacy

The personal data provided by the buyer is necessary for processing the order and for issuing invoices.

It may be shared with the seller's partners responsible for executing, processing, managing, and paying for orders.

The buyer has a permanent right to access, modify, correct, and oppose the use of information concerning them. This right can be exercised under the conditions and according to the procedures set out on the Safwa Boutique website.

Article 19 - Partial Invalidity

If one or more provisions of these general terms and conditions are held to be invalid or declared as such by a law, regulation, or following a final decision by a competent court, the remaining provisions will retain their full force and effect.

Article 20 - Non-Waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations set forth in these general terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.

Article 21 - Title

In the event of a difficulty in interpreting one of the titles at the beginning of the clauses and one of the clauses, the titles shall be deemed to be non-existent.

Article 22 - Language of the Contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 23 - Mediation and Dispute Resolution

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with the relevant sector-specific mediation bodies, or any alternative dispute resolution method (such as conciliation) in case of a dispute. The names, contact details, and email address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court dispute resolution between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Governing Law

These general terms and conditions are subject to French law. The competent court is the judicial court.

This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer will first address the seller to seek an amicable solution.

Article 25 - Protection of Personal Data

Data Collected
The personal data collected on this site is as follows:

• Account creation: when the user creates an account, their name, surname, email address, postal address are recorded;
• Login: when the user logs into the website, their name, surname, login data, usage data, location data, and payment-related data are recorded;
• Profile: the use of the services provided on the website allows the user to fill in a profile, which may include an address and phone number;
• Payment: during the payment for products and services offered on the website, financial data related to the user's bank account or credit card are recorded;
• Communication: when the website is used for communication with other members, the data concerning the user's communications are temporarily stored;
• Cookies: cookies are used as part of the use of the site. The user has the option to disable cookies in their browser settings.

Use of Personal Data
The personal data collected from users aims to provide the services of the website, improve them, and maintain a secure environment. More specifically, the uses are as follows:

• Access and use of the website by the user;
• Management of the functioning and optimization of the website;
• Organization of the conditions of use for payment services;
• Verification, identification, and authentication of the data transmitted by the user;
• Offering the user the possibility of communicating with other users of the website;
• Providing user assistance;
• Customizing services by displaying advertisements based on the user's browsing history and preferences;
• Prevention and detection of fraud, malware (malicious software), and management of security incidents;
• Management of potential disputes with users;
• Sending commercial and advertising information based on the user's preferences.

Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:

• When the user uses payment services, the website may share data with third-party banking and financial companies with which it has contracts;
• When the user posts information in the website's public comment sections;
• When the user allows a third-party website to access their data;
• When the website uses third-party service providers to provide user assistance, advertising, and payment services. These providers have limited access to the user's data as part of the services they provide and are contractually obligated to use the data in compliance with applicable data protection laws;
• If required by law, the website may transmit data to comply with claims made against the website and to adhere to administrative and judicial procedures;
• If the website is involved in a merger, acquisition, asset sale, or bankruptcy procedure, it may transfer or share all or part of its assets, including personal data. In this case, users will be informed before their personal data is transferred to a third party.

Security and Confidentiality
The website implements organizational, technical, software, and physical security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a fully secure environment, and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of Users' Rights
Under applicable personal data protection regulations, users have the following rights, which they can exercise by making a request to the following address: boutique.safwa@gmail.com:

• Right of access: Users can exercise their right to access their personal data. In this case, before implementing this right, the website may ask for proof of the user's identity to verify its accuracy.
• Right to rectification: If the personal data held by the website is inaccurate, users can request the update of their information.
• Right to deletion: Users can request the deletion of their personal data, in accordance with applicable data protection laws.
• Right to limit processing: Users can request that the website limit the processing of their personal data in accordance with the provisions of the GDPR.
• Right to object to processing: Users can object to the processing of their data as provided by the GDPR.
• Right to portability: Users can request that the website provide their personal data to transfer it to a new website.

Changes to this Clause
The website reserves the right to make any changes to this personal data protection clause at any time. If any changes are made to this clause, the website will publish the new version on its site. The website will also inform users of the change by email at least 15 days before the change takes effect. If a user does not agree with the new version of the personal data protection clause, they may delete their account.

Annex:

Withdrawal Form

(to be completed by the consumer and sent by registered mail with acknowledgment of receipt within a maximum of 14 days from the date of contract conclusion)

Withdrawal Form

To the attention of:ADI COMPANY SAS
Located at: 107 Boulevard National, 13003 Marseille
Phone number: 07 45 09 62 06
Email: boutique.safwa@gmail.com

I hereby notify you of my withdrawal from the contract concerning ....................., ordered on: .............

First Name and Last Name of the consumer: .................

Consumer's address: .................

Date: ..................
Consumer's signature

Consumer Code

Article L. 217-4:
"The seller delivers a good in conformity with the contract and is liable for any conformity defects existing at the time of delivery.
The seller is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these have been charged to the seller by the contract or have been carried out under their responsibility."

Article L. 217-5:
"The good is in conformity with the contract:
1° If it is suitable for the typical use expected of a similar good and, if applicable:

• if it matches the description provided by the seller and has the qualities the seller presented to the buyer as a sample or model;
• if it has the qualities a buyer can reasonably expect based on public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
  2° Or if it has the characteristics jointly defined by the parties or is suitable for any special use sought by the buyer, communicated to the seller, and accepted by the seller."

Article L. 217-6:
"The seller is not bound by public statements made by the producer or their representative if it is proven that they were unaware of them and could not reasonably have known about them."

Article L. 217-7:
"Conformity defects that appear within twenty-four months of delivery are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is six months. The seller may challenge this presumption if it is incompatible with the nature of the good or the claimed conformity defect."

Article L. 217-8:
"The buyer has the right to demand conformity of the good with the contract. However, the buyer cannot contest conformity by invoking a defect they were aware of or could not have been unaware of when entering the contract. This also applies when the defect originates in materials provided by the buyer."

Article L. 217-9:
"In the event of a conformity defect, the buyer chooses between repair and replacement of the good. However, the seller may not follow the buyer’s choice if it would lead to a manifestly disproportionate cost compared to the other option, considering the value of the good or the importance of the defect. The seller is then obliged to proceed, unless impossible, with the option not chosen by the buyer."

Article L. 217-10:
"If the repair and replacement of the good are impossible, the buyer may return the good and receive a refund or keep the good and receive a partial refund. This same option is available:
1° If the solution requested, proposed, or agreed upon under Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without significant inconvenience for the buyer, considering the nature of the good and the use they seek. However, the contract cannot be rescinded if the defect is minor."

Article L. 217-11:
"The application of the provisions of Articles L. 217-9 and L. 217-10 shall be at no cost to the buyer. These provisions do not preclude the awarding of damages."

Article L. 217-12:
"Action resulting from a conformity defect is prescribed within two years from the delivery of the good."

Article L. 217-13:
"The provisions of this section do not deprive the buyer of the right to exercise action resulting from hidden defects as defined in Articles 1641 to 1649 of the Civil Code or any other contractual or extracontractual action recognized by law."

Article L. 217-14:
"The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the movable good, according to the principles of the Civil Code."

Article L. 217-15:
"Commercial warranty refers to any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, replacement, or repair of the good or provision of any service related to the good, in addition to their legal obligations to guarantee the conformity of the good.
The commercial warranty is subject to a written contract, a copy of which is provided to the buyer.
The contract specifies the contents of the warranty, its implementation procedures, price, duration, territorial extent, as well as the name and address of the guarantor.
Moreover, it clearly states that, regardless of the commercial warranty, the seller remains bound by the legal warranty of conformity as stated in Articles L. 217-4 to L. 217-12 and the warranty regarding defects in the sold item, as provided in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract.
In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to benefit from it."

Article L. 217-16:
"When the buyer requests the seller, during the course of the commercial warranty granted to them upon acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.
This period begins from the buyer's intervention request or the availability of the good for repair, if this availability is later than the request."

Civil Code

Article 1641:
"The seller is liable for hidden defects in the sold item that make it unsuitable for the intended use or that diminish its use so much that the buyer would not have acquired it or would have paid a lower price had they known about them."

Article 1648:
"Action resulting from hidden defects must be filed by the purchaser within two years from the discovery of the defect. In the case provided in Article 1642-1, the action must be initiated, under penalty of forfeiture, within one year from the date when the seller can be discharged of apparent defects or conformity defects."