Welcome to our website (hereinafter referred to as the “site”).
This is an information and e-commerce site, accessible via the Internet and open to any user (hereinafter referred to as the “client”) on which the company ASMI SAS (hereinafter referred to as “ASMI”) offers “ASKA” brand clothes and accessories.
For the purposes of applying these general terms and conditions of sale, it is agreed that ASMI and the client shall collectively be referred to as the “Parties”.
Any order for a product offered for sale on the site assumes that the client has read and accepted these general terms and conditions of sale. Therefore, the order may not be validated unless the client has ticked the “I confirm that I have read the general terms and conditions of sale, which I accept” box.
As a result, the fact of placing the order implies that the client adheres completely and without reservation to these general terms and conditions of sale.
ASMI reserves the right to alter, at any time and without notice, the contents of these general terms and conditions of sale. Should a condition not be met, the matter will be settled by the practices and French laws currently in force with respect to distance selling.
If one or several stipulations of these terms and conditions of sale are held to be invalid or declared as such in accordance with a law, a regulation or following a decision given by a competent court of law, the other stipulations shall retain all their power and consequences.
The client may save or print out these general terms and conditions of sale on the condition that it does not alter them.
These general terms and conditions of sale govern the sale of “ASKA” brand articles presented on the site by the company ASMI SAS with a capital of 5000 Euros, located at 18 rue des Saints-Pères 75007 PARIS FRANCE, registered with the Paris Register of Commerce and Companies under number 791 779 341 (hereinafter referred to as “ASMI”) to any non-trading, natural persons who are of legal age, exclusively (hereinafter referred to as the “client”).
The products offered for sale by ASMI are those shown on the site the day it is consulted within the limits of available stocks. In the event that one of the products is unavailable, the client shall be informed by e-mail as soon as possible.
Prices are marked in Euros and are valid for the destinations concerned.
The prices shown do not include postal and shipping costs which shall be invoiced in addition to the price and specified to the client upon final validation of the order.
ASMI reserves the right to change the prices of products at any time, which the client accepts. In this case, the products shall be invoiced based on the current price at the date the order is validated.
The prices indicated are therefore guaranteed on the day of the order within the limits of available stocks, except in the event that costs are increased, in particular the rate of VAT, and in the case of an obvious typographical error or mistake in data entry.
Any order placed and delivered outside of France may be subject to possible taxes and/or customs duties upon arriving at its destination. These customs duties and/or possible taxes linked to the delivery of the order shall be payable by the client and come under its responsibility. ASMI is not bound to check and inform the client of any duties and taxes applicable in the country of destination.
The automated order registration systems are considered as constituting proof of the nature, content and date of order.
Any acceptance of an order signed by the client by “ticking” the box constitutes irrevocable acceptance which may only be called into question within the limits provided in these general terms and conditions of sale.
At the time of passing the order, the client acknowledges that it is familiar with the special conditions of sale stated in these present terms and conditions, and expressly declares unconditional acceptance of them.
The order shall only be taken into account when the client validates payment on the site. The PayPal service shall confirm to the client that it will assume responsibility for the order and payment validation by sending an e-mail to the address supplied by the client.
When payment has been made, a document summarizing the order is sent by ASMI to the client immediately or, at the latest before delivery, by e-mail to the e-mail address indicated by the latter.
This document is equivalent to an acknowledgement of receipt of the Client”s order and incorporates all the constituent elements of the contract between the parties.
The client shall have the possibility of printing out the summary of the order form sent by e-mail.
The client may track the development of its order at any time on the site under the heading “My Account” or contact Client Services by e-mail at [email protected] with any question it may have relating to its order.
ASMI reserves the right to cancel any order from a client where a lawsuit exists regarding payment of a previous order, but also in the event that products ordered are unavailable. In the latter case, the Company shall inform the client by e-mail as soon as possible and reimburse the price invoiced by crediting the client”s bank card or PayPal account.
Information provided by the client at the time the order is placed shall be binding upon it. In the event of a mistake in the wording of the addressee”s contact details, ASMI may not be held responsible for any consequences which this error may generate.
Responsibility and Force Majeure
ASMI only has an obligation for providing means to access the website, from processing orders to delivery of same. ASMI may not be held responsible for any damage inherent in the use of the Internet network, particularly an interruption of the service, an outside intrusion or the presence of computer viruses.
ASMI may not be held responsible for the partial or total non-performance of its obligations by way of this contract if the origin of this non-fulfillment arises from a case of force majeure or deemed force majeure, particularly in the event of disturbance or strikes (especially as regards postal services and means of travel and communication), fire, flooding and, in general, in the case of events which are beyond its control.
If interruptions to deliveries extend beyond a period of thirty (30) days for the reason of force majeure or deemed force majeure, ASMI reserves the right not to fulfill the order, on the condition that it reimburses the client within thirty (30) days following cancellation.
Data protection and civil liberties
All texts, commentaries, photos, brands, graphics, designs, illustrations and images which make up the Site are the exclusive property of ASMI and are protected by intellectual property rights in France and throughout the whole world. Any reproduction of the Site, partial or total, is strictly prohibited.
All communication of specific information gathered for the purpose of remote sale is mandatory and this information is essential for the treatment and routing of orders as well as issuing invoices. Any omission to provide information shall result in the order being treated as invalid.
In order to place an order on the site, the client must create an account, select an e-mail address and a password which it will be required to enter each time it wishes to access the site. The Client”s personal information is thereby protected by a password in such a way that the Client, and only the Client, will have access to this information. ASMI recommends that the Client does not divulge this password to anyone. Moreover, the Client must log-out of the site and close the window of its browser following each session, particularly when the Client is using shared computer equipment. In this way, the client will avoid other users accessing its personal information. The client is solely responsible for its password. The client is solely responsible for the consequences of any fraudulent use of its password
In accordance with the “informatique et liberté” law (Data Protection Act) of 6 January 1978, the processing of personal information relating to the client was the subject of a declaration by the Commission nationale de l’informatique et des libertés (CNIL) (Government Committee on Data Protection). Pursuant to article 34 of the law of 6 January 1978, the client has the right to access, modify, rectify and delete this personal data, and it may do so in connection with ASMI.
Furthermore, ASMI undertakes not to divulge, either free of charge or in return for compensation, the client”s data with a third party. However, it may use this data for itself.
Applicable Law – Jurisdiction
These general terms and conditions of sale and the order confirmation sent to the client form a contractual whole and constitute the full scope of contractual relations between the parties.
Complaints or disputes are always received with goodwill, it being assumed that the party which takes the trouble to present its situation does so in good faith. In the event of a lawsuit, the client shall, as a priority, write to the company to obtain an amicable solution.
This contract is subject to French law. Only the French courts shall be considered as competent if an amicable solution is unable to be found.