General conditions of sale
CONSUMER CUSTOMER
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by “Arno Dropship” (“Arno Dropship”).
1.2 Any Order placed on the Flashv16.com website implies prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These General Terms and Conditions of Sale are therefore an integral part of the Contract between the Customer and Arno Dropship. They are fully binding on the Customer, who declares having read and accepted them, without restriction or reservation, before placing the Order.
1.3 These General Terms and Conditions apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he or she is a natural person over the age of 18, acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity. He or she acknowledges that he or she has full capacity to commit when placing an Order and undertakes to provide truthful information regarding his or her identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name or on behalf of another professional, are expressly excluded from the scope of these General Terms and Conditions. Professionals who wish to place an Order with Arno Dropship are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. Arno Dropship reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions can be viewed on the Arno Dropship website at the following address:
www.Flashv16.com and are downloadable in pdf format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order Placement Process
To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to proceed to the Order (1st click)
At this stage, the Client is redirected to a page containing:
A summary of the selected Products, the corresponding prices, the terms and conditions and the delivery costs. It is then up to the customer to check and possibly correct the contents of their basket.
These General Terms and Conditions. It is his responsibility to read them carefully before confirming the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on their part.
The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order.
After validating their Order and making their payment, the Customer receives a confirmation message from Arno Dropship at the email address they provided to create their account. This message contains, in PDF format:
The summary of his order (Product selected, price, terms and delivery costs);
The precise identification “Arno Dropship” and its activity;
The Order number;
The terms, conditions and withdrawal form;
These T&Cs in PDF format.
If the Order confirmation is not received, the Customer is recommended to contact Arno Dropship via the contact form on the site.
The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Cases of refusal to validate the Order by Arno Dropship
Arno Dropship reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the T&Cs;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or pending dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by a bundle of consistent evidence).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Arno Dropship websites, as well as, where applicable, information on the use of the product.
Although Arno Dropship takes reasonable care to ensure that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by Arno Dropship's suppliers. Accordingly, Arno Dropship disclaims all liability for the
possible errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos, or photos of the Products offered for sale have no contractual value. The validity period of the Product offer and their prices are specified on the Arno Dropship websites.
3.2 Availability of Products
Product offers are valid while stocks last at our suppliers. This Product availability is normally indicated on the specific Product page.
However, since Arno Dropship does not reserve stock (except in special cases of Products indicated as pre-ordered on the Product sheet), adding a Product to the basket does not absolutely guarantee the availability of the Product or its price.
In the event that a Product becomes unavailable after the Customer's Order has been validated, Arno Dropship will immediately inform the Customer by email. The Order will be automatically cancelled and Arno Dropship will refund the price of the Product initially ordered, as well as any amount paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICE OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined based on the prices at which the Product is commonly sold in a range of stores distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for
the Product or as soon as the price charged within the panel of brands is modified.
4.2 Modification of prices indicated on the sites
Product prices are listed on the Product description pages. They are listed inclusive of all taxes, excluding shipping costs, which will be displayed on the payment page. Arno Dropship reserves the right to modify Product prices at any time, in accordance with applicable law.
The Products ordered will be invoiced on the basis of the price in effect on the site at the time the Order is validated.
4.3 Product prices
To the extent that many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the Websites are indicated in Euros including all taxes unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros including all taxes, unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products include import VAT, import taxes or customs duties, which are borne by Arno Dropship “ARNO DROPSHIP”.
The prices of the Product(s) include the costs of packaging, conditioning, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
Arno Dropship may, exceptionally, grant payment in installments, in particular with regard to the amount to be paid and its knowledge of the Customer concerned. However, Arno Dropship is under no obligation to grant such payment terms. In the event of a special situation, the Customer may request this by contacting Arno Dropship Customer Service at the following address:
contact@rando-lover.fr.
5.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods:
Payment by bank card:
Only bank cards linked to a banking institution located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees Arno Dropship that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order. Payments by bank card are made via a secure payment platform and the information on the bank cards communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of recourse to this method of payment, the General Conditions of Use of
Paypal, which are available on their website, are in addition to these T&Cs.
Payment by vouchers and/or promotional codes
Vouchers and/or promotional codes issued by Arno Dropship may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, Arno Dropship may cancel the Order outright.
Generally speaking, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the Order, Arno Dropship reserves the right to suspend and/or cancel said Order.
Arno Dropship reserves the right to suspend any payment method at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
Arno Dropship reserves the right to implement an Order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send Arno Dropship by email or post a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before confirming the Order, Arno Dropship will provide the Customer with information regarding the various delivery methods and their respective rates. Following the Customer's choice of delivery method, Arno Dropship will provide an estimated delivery time.
Arno Dropship will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of any difficulty, Arno Dropship undertakes to communicate promptly with the Customer to inform them and seek an appropriate solution with them.
Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Delivery Costs"). These delivery costs are included in the final price charged to the Customer when placing the Order.
Depending on the terms chosen by the Customer, delivery will be made either to the address specified by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to carefully check the delivery information provided, as they remain solely responsible in the event of non-delivery due to incomplete or incorrect information.
6.3. Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
If an anomaly is found, the Customer must contact Arno Dropship Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this time limit cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period starts from the receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at public auction;
7.3 Conditions for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform Arno Dropship of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above.
Standard model of withdrawal form:
To the attention of “ARNO DROPSHIP”, (www.Flashv16.com), Customer Service, “8 impasse Gauguin – 13111 Coudoux”
I, the undersigned __, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Name:
Date of order and receipt:
Order number:
Withdrawal request tracking number:
Client Name:
Customer Address:
Client Signature: (only if this form is notified on paper)
Date :
This form must be sent to the attention of “ARNO DROPSHIP”, (www.Flashv16.com), Customer Service, “8 impasse Gauguin – 13111 Coudoux”
For electronic submission, please send to: Flashv16.contact@gmail.com
The Customer has 14 days from the sending of the notification of withdrawal to return the Product to Arno Dropship in its original packaging, the return costs being the sole responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be put back on sale by Arno Dropship. In the event of receipt of opened, used, incomplete, damaged or soiled Products, Arno Dropship will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, Arno Dropship will reimburse the entire amount paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned afterwards.
In this case, Arno Dropship will only proceed with the refund after receipt and verification of the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid under this
shape.
Article 8 – GUARANTEES
8.1 Legal guarantees
Arno Dropship remains liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the item sold in accordance with Articles 1641 et seq. of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Consumer Client:
Benefits from a period of 2 years from delivery to act Can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code Is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.
The Customer may also decide to act under the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code; the Customer may choose between cancellation of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or carried out under his responsibility."
L.217-5 Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in the labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
L.217-9 Consumer Code
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the option not chosen by the buyer."
L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”
1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
1648 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. [...]"
8.2 Manufacturer's Warranty
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which Arno Dropship is not a direct party.
The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product. If the Customer wishes to exercise this guarantee, he/she should notify Arno Dropship by contacting Customer Service and should consult the terms of application of the guarantee, which are generally included in the box concerning the Product.
It is recalled that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, Arno Dropship, the data controller, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc., marked with an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with Arno Dropship's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Customer to provide this information would make it impossible to process their Order.
This data is intended for internal use by Arno Dropship but may be transmitted to companies that contribute to the execution of the service, including in particular those that ensure the delivery of Products or ensure the processing of payments.
Regarding this personal data, the Client has several rights:
Right of access to personal data concerning him/her;
Right to rectification and deletion if personal data is inaccurate, incomplete, ambiguous, out of date or if the collection, use, communication and retention of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent Arno Dropship from complying with its regulatory and legal obligations;
Right to object to the processing of data (particularly in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, erasure and communication of your personal data Right to withdraw consent to the carrying out of certain processing operations (processing operations carried out before the withdrawal of consent remain lawful) Right to lodge a complaint with the CNIL.
To exercise his rights, the Customer can send a request to Arno Dropship, via:
of a letter addressed to the attention of “ARNO DROPSHIP”, (www.Flashv16.com), Customer Service, “8 impasse Gauguin – 13111 Coudoux”
The request must include the Client's email address, surname, first name, postal address and must be accompanied by a copy of both sides of the Client's identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the Site do not entail any transfer of intellectual property on the Products sold.
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Arno Dropship or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.
Article 11 - FORCE MAJEURE
Arno Dropship shall not be held liable for failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which prevents performance thereof.
Arno Dropship will notify the customer of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary set out herein, Arno Dropship shall not be liable under any circumstances for any loss or damage due to improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by Arno Dropship.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
Arno Dropship reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the General Terms and Conditions, or in general the applicable legal provisions, without prejudice to any damages that Arno Dropship may seek.
Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the Site without the prior authorization of Arno Dropship.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by Arno Dropship constitutes proof of all transactions.
With each Order, the Order summary is sent by email to the Customer and archived on the Arno Dropship website.
The archiving of communications between Arno Dropship and the Customer is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges on a reliable and lasting contact are recorded, are considered proof of communications, orders, payments and transactions between the Customer and Arno Dropship. They can be produced as proof of the Contract.
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and lasting contact in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Client will have access to the archived elements upon simple request to the address contact@rando-lover.fr.
Article 15 - NULLITY AND MODIFICATION OF THE GTC
If any of the provisions of these T&Cs are null and void, they will be deemed unwritten, but will not result in the nullity of all contractual provisions.
Any tolerance on the part of Arno Dropship, in the application of all or part of the commitments made within the framework of these General Terms and Conditions, whatever their frequency and duration, cannot constitute a modification of the General Terms and Conditions, nor generate any right whatsoever for the Customer.
Article 16 – APPLICABLE LAW AND DISPUTE SETTLEMENT
These T&Cs are subject to French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following this link:
http://ec.europa.eu/consumers/odr/.