Nature of the information communicated
The Buyer-consumer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these general conditions of sale (hereinafter referred to as the "GTC"),
- the essential characteristics of the Product,
- the price of the Products and the ancillary costs (delivery, for example),
- the date or the deadline on which/within which the Seller undertakes to deliver the Product,
- information relating to the identity of the Seller, his postal, telephone and electronic contact details and his activities,
- information relating to legal and contractual guarantees and their methods of implementation,
- the possibility of resorting to conventional mediation in the event of a dispute,
- information relating to the existence, conditions, deadlines and procedures for exercising the right of withdrawal,
- Information relating to the costs of returning the Products, the terms of termination and other important contractual conditions.
PREREQUISITES FOR ONLINE PURCHASE
Create an online account
• Connection to the Site and online creation of an account with username and confidential password, at the Buyer's choice, confirmed by email from the Seller when creating and registering the online account.
• Personal, confidential and non-transferable identifiers.
• Buyer undertakes not to communicate his identifiers to third parties. The Seller cannot be held liable for any direct or indirect damage suffered by the Buyer or by third parties, resulting from fraudulent access to the Buyer's account.
• Information communicated by the Buyer to the Seller must be accurate. Possible update of information on the Site in the online account.
Application of the T&Cs online
• Acceptance of the GCS online by the Buyer when placing an order for Products on the Site.
• Application of these T&Cs only online, to the exclusion of any other contractual document, except prior express and written derogation.
• Modification possible by the Seller at any time. However, only the T&Cs accepted by the Buyer at the time of the order apply.
• Connection to the online account on the Site and selection in the Buyer's basket of the Products present at the time of the order
• Validation of the order summary in the basket
• Confirmation of billing and delivery details
• Acceptance of the Seller's online T&Cs
• Choice by the Buyer of the terms of payment for the order
• Online payment via a secure page
• Confirmation of the order by sending a confirmation email acknowledging receipt of the order containing the characteristics of the order with the present GCS in PDF format attached (sale concluded only from this confirmation and collection of the price).
• Possibility for the Seller to refuse, invalidate or cancel an order in the event of fraud or litigation relating to the payment of any order.
Features and choices
• Characteristics of the Products presented on the Site are in English and available in French if the customer asking for.
• Presentation photographs of the Products and illustrations on the Site are non-contractual, given the artisanal nature of the Products. In the event of an error, the responsibility of the Seller cannot be engaged.
• Choice and purchase of a Product is the Buyer's responsibility.
• The illustration of the formats presented on the Site is for information only and cannot engage the responsibility of the Seller.
• Prices indicated on the Site in Indian Rupee INR all taxes included (TTC), excluding delivery costs.
• Delivery costs, where applicable, the rates of shipment will be calculate in function of weight and by Indian Post or specific delivery company if the customer definite one and if the seller accept the asking. The customers will be charge of shipment cost in every cases of buying.
• Possibility of price modification at any time by the Seller on the Site until payment of the order.
• Payment on the day of the online order by secure bank card (Visa, MasterCard), American Express, Pay Pal or Gpay.
• Whole world.
• Choice of carrier by the Seller. For any Specific shipment condition the buyer need to obtain the Seller validation
• By carrier to the delivery address and name indicated by the Buyer on the Site when ordering.
• No liability of the Seller in the event of error, delay or any delivery prevented due to imprecise and/or erroneous contact details on the part of the Buyer, a fact attributable to the Buyer (absence, non-response to the carrier, etc.) or to a third party service provider (carrier) or to a case of force majeure.
• Sending an email to the Buyer when the Products are dispatched. An indicative delivery time is specified in said email.
• The Buyer is informed that, given the artisanal nature of the Products, the Seller cannot be held responsible in the event of non-compliance with the aforementioned indicative deadline.
Buyer-consumer and non-professional buyer specificity
The Seller undertakes to make its best efforts to deliver the Products ordered by the Buyer within the deadlines specified. However, if the Products ordered have not been delivered after the indicative delivery date or after a period of 30 days from the order on the website if no delivery period has been given, for any reason other than the force major. The customer will be inform by the seller of any delivery impossibility.
The sums paid by the Buyer-consumer or the non-professional Buyer will then be returned to him.
RECEPTION AND COMPLAINTS
Buyer's review of delivered order upon delivery:
• the condition of the packaging, quantities, characteristics, etc.,
• Any damage, shortages, defects or other apparent defects or non-compliance of the Products delivered.
• The buyer dispose of Forty-eight (48) hours from delivery to formulate by e-mail any reservations or complaints for non-compliance or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all supporting documents relating thereto (photos in particular).
• After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
• So Fromindiaboutique.com will operate the Reimbursement or replacement of the Products delivered whose lack of conformity or apparent defects have been duly proven by the Buyer as soon as possible at the expense of the Seller.
RIGHT OF WITHDRAWAL OF THE BUYER-CONSUMER
In accordance with the seller, the Buyer-consumer has a period of fourteen (14) days from the day after receipt of the goods to exercise, without having to justify his decision. , his right of withdrawal. The Buyer-consumer exercises his right of withdrawal by returning to the Seller the withdrawal, or by sending him an email to the seller to inform him of the return. The refund should be operate by Gpay or bank transfer after bank account information transfer.
The Seller then communicates without delay to the Buyer-consumer an acknowledgment of receipt of the withdrawal
The Buyer-consumer returns, at his own expense, the Products to the Seller, at the following address: [Regis VINCENDEAU « From India Boutique » AKAR EXCELSIOR VANELIM Appartement BS-3 Block B, Third floor, Colva Benaulim Road, 403708 Colva. Goa South Goa. The Seller reimburses the Buyer-consumer, upon receipt of the returned Products, the Price paid by the Buyer-consumer, excepted the delivery costs, using the same means of payment as that used by the Buyer-consumer when sales.
For any non-compliant or defective Product, the Buyer has the guarantees described below. Commercial guarantee
No contractual guarantee. Legal guarantees
Warranty against hidden defects
Any Buyer benefits from a legal guarantee for any hidden defect affecting a Product and rendering it unfit for use
"The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use »
Specificity for the buyer-consumer
The Buyer-consumer and the non-professional Buyer also benefit from guarantee of conformity for the Products delivered
"The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
• it corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided;
"The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
• It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type.
• Consequently, the seller inform the buyer cannot provide any guarantee of conformity,
• The Buyer calls the [+91 8208165667] or the email contact sent to the email address [Fromindiaboutique@hotmail.com].
• Detailed explanation by the Purchaser of the non-conformity of the Product.
Specificity for the buyer-consumer and the non-professional buyer Action for Nonconforming Products
Replacement of the non-compliant Product with a Product of identical or equivalent qualities, subject to available stocks. The replacement Product is returned by the Seller to the same delivery address given in the initial order, at no additional cost to the Buyer-consumer, or
◦ Repair of the non-compliant Product.
• The Seller may not proceed according to the Buyer-consumer's choice if this compliance is impossible or entails a disproportionate cost with regard to the other method, taking into account the value of the Product or the importance of the default. In this case, he proceeds according to the second modality not initially chosen by the Buyer-consumer.
• The Buyer-consumer may request, instead of compliance, a price reduction or termination of the contract, resulting in reimbursement in return for the return of the Product, if the Seller refuses compliance, n does not do so within thirty (7) days of its request, or in the event of a particularly serious lack of conformity.
• The Buyer-consumer makes the Products available to the Seller by returning them to the following address: Régis VINCENDEAU « From India Boutique » AKAR EXCELSIOR VANELIM Appartement BS-3 Block B, Third floor. Colva Benaulim Road 403708 Colva. Goa South Goa.
• No liability (material and immaterial damage or bodily injury) of the Seller in the event of use of the Products under abnormal conditions of use, in the event of modification, repair, integration or any other action carried out on the Products by any person other than the Seller, and subject to compliance with appropriate Product storage conditions.
• Exclusion of warranty for defects and deterioration caused by natural wear and tear.
• In the event of purchase by Buyers (excluding Buyers-consumers and non-professional Buyers): the Seller is not liable for any consequential damages (loss of turnover, operating loss, commercial prejudice, loss of customers, loss of order, loss of profit, damage to the brand image (non-exhaustive list)) generated by the Products.
Intellectual Property ("IP")
• Domain name protection].
• Protection by IP rights of software, systems, structures, infrastructures, databases and content (texts, images, visuals, logos, brands, prototypes, models, designs and models, etc.) implemented by the Seller on the Site. Any reproduction, representation, distribution and use of any of these elements, including disassembly, decompilation, decryption, extraction, downloading, reuse, copying, in whole or in part, without the Seller's authorization is strictly prohibited, under penalty of legal proceedings.