Terms of Sales

APPLICATION FIELDS

These general conditions of sale (hereinafter the “General Conditions of Sale”) apply to any contract concluded with the company Aimo Global Dis Ticaret Limited Sirketi registered number 0102231260, whose head office is located at Uskudar Istanbul 34 Turkey ( hereinafter “Ava interior”), relating to any order of products from the Ava interior© brand and gift cards from the Ava interior © brand for the acquisition of products from the Ava interior brand (hereinafter the “Products” ) placed on the Website www.avainterieur.com (hereinafter the “Site”) or by telephone, by a natural person acting in their capacity as a consumer or non-professional, within the meaning of the introductory article of the Consumer Code , for personal needs, and not intended for resale, nor for professional use, nor for any use for professional or commercial promotion purposes (hereinafter “the Client”).

These General Conditions of Sale, written in French, may be modified at any time by Ava interior.

Confirmation of the order by the Customer implies full and complete acceptance without restriction or reservation of these General Conditions of Sale by the Customer, to the exclusion of any other document. The terms and conditions in force at the time of confirmation prevail over all previous versions of Ava Interior.

Persons acting as professionals are required to place orders on the site dedicated to professionals: www.avainterieur with the Ava interior professional customer service reachable with the WHATSAPP application at: +33646451102 +905013422381

PRODUCTS / PRICES

2.1 Product Offering

The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. Ava inteiruer reserves the right to modify its offer at any time, in particular by adding, modifying or deleting Products.

The Products are presented as accurately as possible. The perfect representation of the Products on the Site cannot be guaranteed, in particular due to differences in color rendering or materials by Internet browsing software and/or display monitors.

The Product delivered may differ from that presented on the Site without giving rise to the right of cancellation of the sale for the Customer i) if the Product concerned is a Product of artisanal or semi-artisanal manufacture which does not ensure perfect homogeneity of production ii) or if the Product has been subject, between the date of the order and the date of delivery, to adaptation linked to technical or technological developments and provided, in these two hypotheses, that the difference does not relate to the essential characteristics of the Products, that it does not affect their quality and that it does not generate a price increase.

2.2 Product Prices

The prices of the Products are indicated in Euros and are inclusive of all taxes. Preparation and delivery costs are not included in the price indicated, unless otherwise stated.

Ava interior reserves the right to modify the price of the Products at its convenience. The pricing conditions in force on the date of validation of the order by the Customer will apply.

Some images may be produced in 3D. Non-contractual presentation suggestions.

ORDERS

3.1 Placing the order

The Customer has the option of placing an order with AVA INTERIEUR:

  • By telephone to the Consulting & Remote Sales team by Whatsapp at +33646451102. +905013422381

Orders placed by the telephone service will be processed directly by a customer advisor. At the end of the call, an order confirmation will be sent by email to the Customer.

  • Online on the Site.

Placing orders on the Site is subject to the creation by the Customer of a personal account (hereinafter the “Account”) during which the Customer must communicate personal information, such as his last name, first name and address. electronic. The Customer must ensure the validity of the email address provided and check the filtering rules of their email in order to prevent emails from AVA INTERIEUR from being considered SPAM.

All information communicated by the Client to AVA INTERIEUR must be accurate, complete and up to date. Whenever their situation changes, the Customer must update their information by accessing their Account or by contacting customer service. Management of the Account and personal information is done on the Site.

The Customer undertakes to read and accept the confidentiality policy of AVA INTERIEUR accessible on the Site concerning the processing of personal data. The contractual information relating to orders is in French and is archived by AVA INTERIEUR for ten (10) years.

When creating their Account, the Customer chooses a password to identify them and allow a faster connection the next time they use the Site. The Customer undertakes to choose a personal and confidential password. To guarantee the security of his Account, the Customer undertakes to:

  • not disclose the password to third parties;
  • take the necessary precautions to prevent third parties from having access to it;
  • take measures to prevent a third party from accessing the Account, even without the Customer's knowledge;
  • not give access to your Account to a third party (lending, sharing, exchange, donation, purchase, transfer and sale of Account are prohibited and cannot be enforced against AVA INTERIEUR);
  • not use a third party’s Account;
  • use a personal email box and not share this email address;
  • allow AVA INTERIEUR to contact the Customer via their email address.

The Customer assumes responsibility for maintaining the confidential nature of his password, as well as its use. The Customer is solely responsible for the use of his Account. Any connection or data transmission made using their password will be deemed to have been made by the Customer and under their responsibility.

In order to preserve the personal and confidential nature of your access, it is recommended to log out of your Account at the end of each of your sessions.

In the event of fraudulent use of their Account and/or password, or in the event of loss or theft of their password, the Customer must immediately notify AVA INTERIEUR

If the Customer forgets their password, they can report it by clicking on the “Forgotten password” section. He will then receive an email at the email address provided in his Account giving him a new password.

The security of the Account is the sole responsibility of the Customer and AVA INTERIEUR cannot be held responsible for any damage that their Account or computer may suffer following the loss or sharing of their Account identifiers and passwords.

The Customer is responsible and presumed to be the author of purchases made on or via his Account.

- Orders sent to AVA INTERIEUR by mail or fax will not be taken into account.

3.2 Validation of the order

The choice and purchase of a Product is the sole responsibility of the Customer, particularly in terms of the relevance of the purchase to their needs. The Customer must add the selected Products to their basket. The Customer has the possibility to check the details of his order, its total price and can make modifications before any final validation. It is therefore up to the Customer to verify, under his own responsibility, the accuracy of the order. The validation of the order by the Customer is materialized by his acceptance of these General Conditions of Sale, of which he acknowledges having read and which he accepts by checking the box “ I have read and I accept the general conditions of sale ” and its payment.

The order is firm for the Customer from its final validation manifested by clicking on the button “ Order with payment obligation / Confirm and pay for your order ”, without prejudice to the right of withdrawal open to Consumer Customers within the meaning of articles L. 221-18 to L221-28 of the Consumer Code, under the conditions provided for in article 5.4.2 of the General Conditions of Sale, except for tailor-made Products made according to the specifications of the Consumer Customer or clearly personalized subsequently of a request from the Consumer Customer.

AVA INTERIEUR reserves the right to refuse an order for any legitimate reason, in particular the existence of an unresolved dispute resulting from non-payment of a previous order.

AVA INTERIEUR will send by email, as soon as possible, an order confirmation including the substantial elements (order number, Products ordered, place of delivery, etc.).

The Customer agrees that the order confirmation will be considered as proof of the contractual relations created with AVA INTERIEUR.

In the absence of availability of one or more product(s) ordered, AVA INTERIEUR undertakes to inform the Customer by e-mail as soon as possible. The order may then be canceled. A new delivery date may also be proposed to the Customer subject to subsequent availability of the Product.

PAYMENT

4.1 Payment

Payment is made in euros exclusively, in full when ordering, at home, by credit card, bank transfer, ALMA financing, PayPal, gift card, credit note or voucher and for Click and Collect by card bank, Paypal, excluding gift cards which are not accepted.

As orders are only taken into account after validation of their payment, no discount or late payment penalty is applicable. Payments cannot be suspended or subject to compensation without the prior written consent of AVA INTERIEUR.

4.1.1 Payment by bank card

The following bank cards are accepted: Carte Bleue, Visa and Mastercard.

As part of its action to combat internet fraud, AVA INTERIEUR may be required to verify the bank details and/or identity of Customers before any delivery. By placing his order on the Site, the Customer undertakes to provide AVA INTERIEUR with the proof of identity that may be requested. If the requested elements are not communicated within the allotted time, AVA INTERIEUR reserves the right to cancel the order subject to verification.

4.1.2 Payment by bank transfer

All payment by bank transfer is made in full upon ordering. The RIB of AVA INTERIEUR will be communicated to the customer on the order confirmation page as well as by email.

In the event of failure to receive the bank transfer within three (3) working days from confirmation of the order by the Customer, the order will be considered canceled.

4.1.3 Payment in installments

4.1.3.1 Alma payment in 3 installments free of charge

Payment in 3 installments, free of charge, is available on the web for orders between 200 EUROS) and eight thousand Euros (€8,000). At the time of payment, the Customer is redirected to the ALMA server in order to finalize their payment in 3 installments and obtain details of their monthly payments. The Customer will then be invited, prior to making the payment, to read and accept the T&Cs and Alma's confidentiality policy. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1364 et seq. of the civil code.

4.1.3.2 Alma payment in 12 and 24 installments with fees

Payment in 12 and 24 installments with fees (specified at the time of ordering) is available on the web for orders between two hundred and fifty Euros (250€) and five thousand Euros (5,000€). A financing request file from Alma must be completed along with the Client's identity documents and resources. If the Client meets the conditions required to obtain credit, Alma will send a contract to the Client for signature. Before signing the credit contract, the Customer must read and accept the General Conditions of Use (hereinafter referred to as the T&Cs) and Alma's confidentiality policy. AVA INTERIEUR accepts in advance the granting of credit concluded between Alma and the Client in accordance with article L312-46 of the Consumer Code. If Alma agrees to grant credit to the Customer, the amount will be paid by credit in accordance with article L312-45 of the Consumer Code. Any refusal by Alma to grant credit for an order may result in its cancellation, unless the Customer agrees to pay in cash using another payment method. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1364 et seq. of the civil code. Any termination of the General Conditions of Sale (hereinafter referred to as the General Terms and Conditions) which bind AVA INTERIEUR and the Customer, results in the termination of the credit contract between Alma and the Customer. In the event of withdrawal, the Customer's costs and interest will be reimbursed in accordance with the regulations.

4.1.4 Payment by PayPal

When validating their order, the Customer must enter their PayPal email address as well as their PayPal password. If the Customer does not previously have a PayPal account, he will, at the time of payment, be directed to a PayPal account creation page allowing him to benefit from this payment method.

The Customer will be able to use the PayPal Express functionality allowing them to place an order directly through their Paypal account without creating an AVA INTERIEUR account.

4.1.5 Payment by gift card

The AVA INTERIEUR gift card is valid only for the purchase of AVA INTERIEUR brand products and for a period of one (1) year from its activation date corresponding to its purchase date and cannot be used not subject to an exchange, refund, or change, for any reason whatsoever.

Partial use of a gift card is accepted, the balance can be consulted directly on the Site. In the case of partial payment of the order by gift card, the Customer must pay the balance by credit card.

The accumulation of gift cards is accepted within the limit of five (5) cards and three thousand Euros (3000€) of purchase.

4.1.6 Payment by credit

The credit can be used on the Website of the country of the issuing store and is valid for one (1) year from its date of issue. The credit can be used in one or more installments. The credit can be used in addition to another means of payment except gift cards and vouchers. It is only valid for the purchase of AVA INTERIEUR brand products.

4.1.7 Payment by voucher

The voucher can be used only once (1) and cannot be split or given change. The voucher can be used in addition to another means of payment except gift card and credit. It is only valid for the purchase of AVA INTERIEUR brand products.

4.2 Billing

The invoice sent to the Customer includes the information provided by the latter in his Account. The information provided cannot be subject to any modification after issue of the invoice.

DELIVERY

5.1 Delivery costs and terms

Delivery can be made to a relay point or to the Customer's home in mainland France and Corsica. The type of transport, the time and the related costs will be specified when ordering, depending on the place of delivery, the nature of the Products ordered and the nature of the service for which the Customer has opted. Any order including a custom-made product cannot be split and will necessarily be delivered in its entirety by carrier to the delivery address specified by the Customer. 

Any withdrawal of goods is subject to presentation of the order form and a valid identity document in the name of the person appearing on the order form. A third party may proceed with collection upon presentation of the order form, their identity document and the original or copy of the identity document of the person who placed the order as well as a duly established power of attorney.

Delivery by carrier: Delivery of small decorative items is provided by courier services. Eligibility for this delivery method is specified when confirming the order.

Delivery of bulky items or furniture is carried out by a carrier specializing in furniture delivery. The delivery date and slot are set jointly between the Customer and the carrier. Products delivered to your home are delivered to the delivery address provided by the Customer when ordering. Unless the Customer specifies a different delivery address, the delivery address of the Products will be the postal address provided by the Customer on his Account. The carrier and delivery conditions differ depending on the volume of the order. It is up to the Customer to check the delivery terms when validating the order.

The Customer will, where applicable, be responsible for the assembly of furniture delivered disassembled, any assembly service being subject to a specific quotation.

It is the Customer's responsibility to check prior to ordering, particularly in terms of size and volume, that the Products can be transported by normal access routes to the delivery location (stairs, elevator, etc.). The rental of an item allowing delivery to the desired location is the responsibility of the Customer.

The impossibility for AVA INTERIEUR's carriers to deliver the Products on the agreed date, in the event of the Customer's absence or lack of information on the need to use specific means of delivery, may give rise to the payment of costs. additional delivery and/or cancellation of the order by AVA INTERIEUR.

The risks of the Product are transferred to the Customer upon delivery by the carriers of AVA INTERIEUR on the delivery date agreed with them.
In cases where the respective availability dates of the Products in an order are different, AVA INTERIEUR will offer the buyer to split their order. In the event of split delivery, the contribution to delivery costs will be applied to each fraction of the order. In the absence of split delivery, delivery will take place on the date of availability of all the Products ordered.

Upon receipt of the order confirmation email, the Customer has ten (10) days to collect their order. After this period, the order is canceled and the Product is reinstated in the store's stock and the Customer is reimbursed within thirty (30) days for the amount of their order using the same means of payment as for their purchase.

5.2 Receipt of product delivery

Each delivery is deemed to have been made as soon as the Product is made available to the Customer by the carrier, materialized by the control system used by the carrier.

Any Product delivered by AVA INTERIEUR must be accompanied by the delivery note or transport note. The delivery note or transport note must be signed by the Customer or by any person duly authorized by the Customer. If there is no delivery note or transport note, the Customer refuses the Product.

The Customer must carry out, upon delivery, all examinations to detect possible damage, missing items, defects or other apparent defects in the Products delivered to his order. This control must relate to the quantities and condition of the Products delivered. The Customer must in particular check the condition of the packaging, the number of packages and the Products in their quantities, their references, their condition and their characteristics.

In the event of a complaint, the Customer must:

  • Enter the reservations on the delivery note or transport slip with the date and signature, precisely and with reasons; “subject to unpacking” type reservations are insufficient;
  • Confirm your reservations to AVA INTERIEUR by registered letter with acknowledgment of receipt within three (3) days from the delivery date. Deadline which may be extended to ten (10) days if the carrier has not allowed the Customer to verify the good condition of the Product.

The Customer must be able to provide any justification as to the reality of the complaints invoked and allow AVA INTERIEUR every opportunity to establish them.

5.3 Product returns

No spontaneous returns will be accepted: any return must be notified to AVA INTERIEUR in accordance with the terms indicated below and following the reason for the return

  • For large packages (equal to or greater than 30 kg) :
    - Only by specialized carrier : make an appointment directly online or contact Customer Service by Whatsapp at: +33646451102

5.4.1 Order Cancellation

AVA INTERIEUR offers the Customer the possibility of withdrawing from their commitment and canceling their order. No partial cancellation of the order will be possible.

Depending on the preparation status of the order, the Customer can directly cancel it online by connecting to their customer account: select the order concerned, then click on the “Cancel my order” button. The Customer will receive an email confirming the cancellation of the order and will be reimbursed within fourteen (14) days.

If the “ Cancel my order ” button is no longer visible, this means that the order has already been shipped and it is no longer possible to cancel it directly online.

5.4.2 Exercise of the right of withdrawal – Return my order

From the date of receipt or withdrawal of the entire order, the Customer benefits from thirty (14) working days of legal withdrawal to withdraw without having to justify themselves, or to pay additional penalties by directing on its customer area “Return my order”.

This right of withdrawal is valid for all AVA INTERIEUR products, with the exception of those that have been personalized. Any returned product must be in perfect condition for re-marketing in new condition, in its original packaging, accompanied by its accessories and invoicing document.

For example, the mattresses/box springs must be fitted with their internal protective cover intact, neither with holes nor torn.

AVA INTERIEUR reserves the right to refuse reimbursement for returned products if they have been visibly used or damaged by the Customer and this use or damage renders the products unfit for sale or if the products do not correspond to the references declared for return.

In the event of damage or traces of wear on returned products, or any other depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products, the Customer may then be held liable. AVA INTERIEUR also reserves the right to apply a discount on the price of damaged products taking into account the costs of putting them back on the market in new condition.

To exercise his right of withdrawal, the Customer must notify within fourteen (14 days) from the date of purchase or receipt of his entire order his decision in an unambiguous declaration either

  • By Whatsapp: +3346451102
    Or
  • By mail or email using the withdrawal form provided in Appendix 1 – Withdrawal online or by telephone is preferred.

From the date of his declaration, the Customer then has fourteen (14 days) to return the products concerned subject to the AVA INTERIEUR return conditions set out above.

Subject to compliance with the aforementioned conditions, the Customer will be reimbursed using the same means of payment as that used during the initial order for the amount of the product as well as the delivery costs inherent to their first order within fourteen (14 days) from receipt of the products concerned in the AVA INTERIEUR warehouses. In the event of a partial return of an order, the delivery costs inherent to the initial order benefiting from a flat rate will not be refunded. In the case of a reimbursement by transfer, the Customer must communicate to AVA INTERIEUR their IBAN so that AVA INTERIEUR is able to make the reimbursement.

5.4.3 Return for non-compliant item

In the event of a quality defect being noted within two years of purchase or within two (2) years of delivery of the product, the Customer benefits from legal guarantees, namely the legal guarantee of conformity and the guarantee of defects. hidden.

For the application of the aforementioned guarantees, the Customer must inform AVA INTERIEUR of the non-conformity or the existence of hidden defects in their product:

  • by contacting Customer Service by whatsapp +3346451102

As part of the application of the commercial guarantee, the Customer must contact AVA INTERIEUR customer service either:

  • Directly online , by connecting to your customer area, in the “ CONTACT US ” section
  • By phone via Whatsapp: +33646451102

5.4.4 Return for item received damaged

If a product is found damaged during transport, the Customer must enter his reservations precisely and with reasons on the delivery note or the dated and signed transport note. The “subject to unpacking” type reserves are insufficient.

The Customer then has three (3) working days from the delivery date to confirm their reservations with AVA INTERIEUR or ten (10) days if the carrier has not allowed the Customer to verify their order and 'no mention could be made on the delivery note

  • By phone via Whatsapp +3346451102

Complaints accepted by AVA INTERIEUR will result in the exchange of the product concerned, or its reimbursement in the event of unavailability of the product in stock. AVA INTERIEUR undertakes to reimburse return costs for accepted returns.

5.4.5 MISSING ITEM: NOT ORDERED ITEM

In the event of a missing, incomplete or unordered product upon delivery, the Customer must state his reservations precisely and with reasons on the dated and signed delivery or transport slip. The typical reserves “subject to unpacking” are insufficient.

The Customer then has three (3) working days from the delivery date to confirm their reservations to AVA INTERIEUR or ten (10) days if the carrier has not allowed the Customer to verify the delivery and no could not be noted on the delivery note:

If the complaint is justified and accepted by AVA INTERIEUR, the Customer will receive the missing products or parts, or in the event of unavailability of the product, a credit or reimbursement according to the initial payment method. In the event of a product not ordered, AVA INTERIEUR undertakes to take back the product in its original packaging, in perfect condition and with its accessories.

PRODUCT WARRANTIES

All Products benefit from legal guarantees, provided that their use has been normal and that the maintenance advice has been followed.

Legal guarantee of conformity:

“The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
“When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
“The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the property.
“The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
“If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
“If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
“The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
“1° The professional refuses to repair or replace the goods;
“2° The repair or replacement of the goods takes place after a period of thirty days;
“3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or replacement;
“4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
“The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies that the reduction in the price or the termination of the contract be immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
“The consumer does not have the right to cancel the sale if the lack of conformity is minor.
“Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
“The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
“The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).
“The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item. »

The legal guarantee of conformity is governed in particular by articles L.217-3, L.217-4, L.217-7 and L.217-13 of the Consumer Code which are reproduced below:

  • Article L. 217-3 of the Consumer Code:

“The seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5.

He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for lack of conformity of this digital content or this digital service which appears within two years from the delivery of the good;

2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is responsible for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.

The seller also responds, during the same deadlines, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to articles 2224 et seq. of the civil code. The starting point for the prescription of the consumer's action is the day the latter becomes aware of the lack of conformity.”

  • Article L217-4 of the Consumer Code: “The good complies with the contract if it meets, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract.”

  • Article L217-5 of the Consumer Code:

“I. - In addition to the contract compliance criteria, the property is compliant if it meets the following criteria:

1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or

3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, deviation to which he has expressly and separately agreed upon upon conclusion of the contract.”

  • Article L217-7 of the Consumer Code:

“Defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked.

For second-hand goods, this period is set at twelve months.

When the sales contract for a good containing digital elements provides for the continuous supply of digital content or a digital service, the conformity defects which appear are presumed to exist at the time of delivery of the good:

1° During a period of two years from delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period during which the digital content or digital service is supplied under the contract, when the latter provides for this supply for a period exceeding two years.”

  • Article L 217-12 of the Consumer Code: “The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:

1° The value that the good would have in the absence of a lack of conformity;

2° The importance of the lack of conformity; And

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the property into conformity if this is impossible or involves disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the civil code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity, is justified in writing or on a durable medium.

  • Article L217-13 of the Consumer Code:

“Any item repaired within the framework of the legal guarantee of conformity benefits from an extension of this guarantee by six months.
As soon as the consumer chooses repair but this is not implemented by the seller, compliance by replacing the good causes, for the benefit of the consumer, a new legal guarantee period. of conformity attached to the replaced good. This provision applies from the day the replacement good is delivered to the consumer.”

  • Article L217-28 of the Consumer Code:

“When the consumer requests from the guarantor, during the course of the legal guarantee or the commercial guarantee which was granted to him during the acquisition or repair of a good, a repair covered by this guarantee, any period immobilization suspends the guarantee which remained to run until the delivery of the restored good.
This period runs from the consumer's request for intervention or the making available for repair or replacement of the good in question, if this starting point proves more favorable to the consumer.
The warranty period is also suspended when the consumer and the guarantor enter into negotiations with a view to an amicable settlement.”

Legal guarantee against hidden defects:

  • Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them.”
  • Article 1648 al 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”

Implementation of legal guarantees :

For the application of the aforementioned guarantees, the Customer must inform AVA INTERIEUR of the non-conformity or the existence of hidden defects in the Products by contacting Customer Service via Whatsapp +3346451102. Defective Products must be returned to AVA INTERIEUR in the condition in which they were received with all the elements to: AVA INTERIEUR. If the Product is returned, the Customer must ensure that its condition conforms to that in which he received it with all the elements (accessories, packaging, instructions, etc.).

PERSONAL DATA

AVA INTERIEUR attaches great importance to the protection and respect of the privacy of its Customers and their personal data and is committed to respecting the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. AVA INTERIEUR collects and processes the personal data of its Customers with the aim of managing the different stages of the order, answering questions and carrying out satisfaction surveys following an order. The Customer has a right of access, rectification, withdrawal of consent, opposition and deletion of personal data concerning him. He can also request the limitation and portability of his data. The Customer also has the right to define directives relating to the fate of his personal data after his death, the right not to be the subject of an automated individual decision, and the possibility of lodging a complaint with the CNIL. The Customer may exercise these rights by writing to the address HELLO@AVAINTERIEUR.COM , specifying their contact details (last name, first name, email address, telephone number). AVA INTERIEUR may be required to verify the identity of the Customer in order to secure the processing of their request. For more detailed information on AVA INTERIEUR’s practices relating to personal data, the personal data protection policy is accessible on the Site, “Personal Data” section.

INTELLECTUAL PROPERTY

All elements published on the Site such as, and without this list being exhaustive, images, atmospheric photographs, cut-out photographs, videos, graphic charter, sound elements constituting the Site, logos, brands, models, names domains, texts, typographies, belong to the company AVA INTERIEUR and constitute works protected by the provisions of the Intellectual Property Code.

AVA INTERIEUR holds all intellectual property rights on its Products and, more generally, on the brands, illustrations, images and logos reproduced on its articles, their accessories or their packaging. They are and remain the exclusive property of AVA INTERIEUR, with the exception of the rights held by its partners and/or suppliers on their products, brands and logos presented on the Site. Any total or partial reproduction, any modification and/or any use of these images, atmospheric photographs, cut-out photographs, videos, graphic charter, sounds, logos, products, brands, models, domain names, texts, typography, for for any reason and on any medium whatsoever, without the express prior agreement of AVA INTERIEUR, is strictly prohibited. The creation of derivative works from these images, atmospheric photographs, clipped photographs, videos, graphic charter, sounds, logos, products, brands, models, domain names, texts, is strictly prohibited. AVA INTERIEUR holds all intellectual property rights over its designs, trademarks, models and patents which are the property of AVA INTERIEUR.

No transfer of intellectual property rights is made herein. Any reproduction, even partial, modification or use of these elements protected by private law for any reason whatsoever is strictly prohibited and will constitute an act of counterfeiting punishable criminally and civilly.

USE OF THE SITE

Any violation of the General Conditions of Sale by the Customer authorizes AVA INTERIEUR to close its Account on the Site without prejudice to any compensation that could be claimed by AVA INTERIEUR.

The Customer is responsible for the activities taking place from his Online Account and undertakes to comply with the laws and regulations in the context of his use of the Site, including those concerning the protection of personal data and intellectual property.

Navigation on the Site is the sole responsibility of the users. The Client undertakes to guarantee and indemnify AVA INTERIEUR against any damage, complaint or request from third parties following use of the Site, including attorneys' fees and court costs.

AVA INTERIEUR undertakes, within the framework of an obligation of means, to make its best efforts to ensure the proper functioning of the Site and the accuracy of its information. AVA INTERIEUR will endeavor to keep the Site accessible but is under no obligation to do so. AVA INTERIEUR may therefore interrupt access to the Site, in particular for maintenance, correction and upgrade reasons. Access may also be interrupted for any other reasons, in particular technical or legal. AVA ITERIEUR reserves the right to stop editing and therefore close the Site.

LIMITATION OF LIABILITY AND WARRANTY OF AVA INTERIEUR.

12.1 AVA INTERIEUR cannot be held responsible for breakdowns, errors, computer viruses which could obstruct continued access to its Site, nor for any direct or indirect damage, in particular malfunctions in the users' computer installation which could be observed following access to the Site.

AVA INTERIEUR is not responsible for performance failures of the Site and modifications to the Site which may occur taking into account in particular the quality of the Internet network and/or technical configurations.

Within the limits of the regulations in force, AVA INTERIEUR is not responsible for the quality and compatibility of the Site for the specific uses that Customers make of it.

AVA INTERIEUR cannot be held responsible for: interruptions in access to all or part of the Site during correction, updating or maintenance operations on the Site and any resulting harm to the Client; breakdowns, errors, computer viruses which could obstruct continued access to its Site or due to malfunctions in the Customers' computer installation following access to the Site.

AVA INTERIEUR cannot therefore be held responsible for repairing direct or indirect damage which could be linked to the use of, access to its Site or the downloading of elements stored on the Site (images, texts, video files, etc...).


12.2 The Customer undertakes to respect the recommendations and indications appearing in the instructions for the Products ordered and acknowledges that any liability or guarantee from AVA INTERIEUR will be excluded in the event of damage linked to non-compliance with the instructions for the Products. AVA INTERIEUR cannot be held liable for damage caused by the Products.

The liability of AVA INTERIEUR is excluded in the event of non-compliance of the Products with the legislation of the foreign country in which they are delivered and/or used, which it is up to the Customer to verify, in the event of improper use of the Products in contradiction with the uses, the usual rules of caution, the recommendations for use, and the notices provided, negligence, lack of maintenance on the part of the Customer as well as in the event of fault or facts totally attributable to the Customer or to a third party.

In the event that AVA INTERIEUR is held liable, compensation will only apply to direct, personal, certain and foreseeable damage, to the exclusion of all indirect damage and/or harm, in particular any loss of exploitation.

The liability of AVA INTERIEUR will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the Products.


12.3 The occurrence of an event constituting force majeure within the meaning of case law and article 1218 of the Civil Code will result in the suspension of the obligations weighing on AVA INTERIEUR. This non-performance of the contract cannot incur the liability of AVA INTERIEUR. If the case of force majeure lasts for more than one (1) month, AVA INTERIEUR may not honor the order, subject to reimbursing the Customer if necessary. of the sums paid by him under the order concerned.

COMMUNICATION AND CONSERVATION OF THE CONTRACT

AVA INTERIEUR can provide the Customer, upon request, with a copy of the Product sales contract.

For online sales contracts involving an amount equal to or greater than one hundred and twenty (120) euros, AVA INTERIEUR ensures their conservation for a period of ten (10) years from delivery of the Product.

For other sales contracts, AVA INTERIEUR ensures their conservation for a period of seven (7) years from delivery of the Product.

During the aforementioned deadlines, AVA INTERIEUR guarantees the Client's access to this contract at any time.

MISCELLANEOUS

14.1 Evidence

Electronic emails will be binding between the parties as will the automatic recording systems used, particularly in the context of a dispute.

The Customer can access the contract concluded with AVA INTERIEUR by sending an email to the address HELLO@AVAINTERIEUR.COM by providing the necessary information including the order number and contact details.

14.2 Partial non-validity

If one or more stipulations of these General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and reach.

14.3 Non-waiver

The fact that one of the Parties has not required the application of any clause of these General Conditions of Sale, whether permanently or temporarily, can in no case be considered as a waiver of the rights of this Part arising from the said clause.

OPPOSITION TO TELEPHONE CALLING

The consumer Customer, excluding the non-professional Customer, within the meaning of the introductory article of the Consumer Code who does not wish to be the subject of commercial prospecting by telephone can register free of charge on a list of opposition to telephone canvassing electronically on the website bloctel.gouv.fr , or by post to the following address: Service Bloctel, 6 Rue Nicolas Siret - 10000 TROYES

DISPUTES

16.1 Applicable law

These General Conditions of Sale are subject to TURKISH law. Any dispute relating to the execution hereof will be under the exclusive jurisdiction of the TURKISH courts.

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Appendix 1 - Model withdrawal form BY MAIL

WITHDRAWAL FORM MODEL

To the attention of customer service: AVA INTERIEUR

E-mail : hello@avainterieur.fr

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Order no. (*)

Ordered on (*)

Received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete where unnecessary.''––'