The online store of the essencesamazigh.com site was set up by the Essences Amazigh brand, which is the operator of this site. Any order for a product appearing in the online shop of the essencesamazigh.com website implies prior consultation of these general terms and conditions. Consequently, the consumer acknowledges that he or she is fully informed of the fact that his or her agreement to the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order the products presented online as part of the website shop. The consumer has the right to save or edit these general terms and conditions, it being specified that both the saving and the editing of this document are his sole responsibility. The consumer, prior to placing an order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question if the products or services acquired in the context of the website were in fact related to his professional activity. The online store set up by the company Essences Amazigh in the context of the website mentions the following information:

• Legal notice allowing a precise identification of the company Essences Amazigh
• Presentation of the essential characteristics of the properties offered
• Indication, in Tunisian Dinars, of the price of the goods, as well as, if applicable, the delivery costs
• Indication of the terms of payment, delivery, or performance
• The existence of a right of withdrawal
• The period of validity of the offer or price

All of this information is presented in French and English. The consumer declares that he or she has full legal capacity to enter into these general terms and conditions

Article 1: Entirety

These terms and conditions express the entire obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these general terms and conditions. No general or specific conditions appearing in the documents sent or delivered by the consumer may be incorporated into these terms and conditions, insofar as these documents are incompatible with these general terms and conditions.

Article 2: Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company Essences Amazigh to the consumer.

Article 3: Contractual documents

This contract is made up of the following contractual documents, presented in descending hierarchical order: these general terms and conditions, the order form. In the event of any contradiction between the provisions contained in the documents of different rank, the provisions of the higher-ranking document shall prevail.

Article 4: Coming into force – duration

These terms and conditions come into force on the date of order. These general terms and conditions are concluded for the period necessary for the supply of the goods and services subscribed to, until the lapse of the guarantees due by the company Essences Amazigh.

Article 5: Electronic signature

The consumer’s “double click” on the purchase order constitutes an electronic signature that has the same value as a handwritten signature between the parties.

Article 6: Order confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the consumer in the order form.

Article 7: Proof of the transaction

The computerized registers, kept in the computer systems of the company Essences Amazigh under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8: Product Information

8-a: The company Essences Amazigh presents on its website the products for sale with the necessary characteristics that make it possible to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order is taken the essential characteristics of the products he wishes to buy.

8-b: The offers presented by the company Essences Amazigh are only valid within the limit of available stocks.

Article 9: Prices

Prices are indicated in Tunisian Dinars and are only valid on the date of sending the order form by the consumer. They do not take into account the delivery costs, which are invoiced in addition, and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made at the time of ordering. At no time can the sums paid be considered as a deposit or deposit.

Article 10: Method of payment

To pay for their order, the consumer has at their choice, all the payment methods referred to in the order form. The consumer guarantees the company Essences Amazigh that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The company Essences Amazigh reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card by officially accredited organizations or in the event of non-payment. In particular, Essences Amazigh reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.

Article 11: Product availability

The order will be executed within 2 to 5 working days (Monday to Saturday) from the day following the day on which the consumer placed his order and for shipments within the national territory. In the event of unavailability of the product ordered, the consumer will be informed as soon as possible and will have the option of cancelling the order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or the exchange of the product.

Article 12: Delivery problems caused by the carrier

Any anomaly concerning the delivery (damage, missing product in relation to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, accompanied by the customer’s signature.

Article 13: Delivery errors

Delivery errors13-a: The consumer must make any claim of delivery error and/or non-conformity of the products in kind or quality with the indications appearing on the order form to the company Essences Amazigh on the same day of delivery or at the latest on the first working day following delivery. Any complaint made after this period will be rejected.13-b: The formulation of this complaint to the company Essences Amazigh may be made: via the contact details of the company Essences Amazigh indicated in the ‘Contact’ section.13-c: Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the company Essences Amazigh from any liability towards the consumer.13-d:  Upon receipt of the complaint, the company Essences Amazigh will assign an exchange number of the product(s) concerned and will communicate it by e-mail or telephone to the consumer. The exchange of a product can only take place after the consumer has been assigned an exchange number according to the procedure presented above.

Article 14: Product warranty

In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal warranty that obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold.

Article 15: Right of withdrawal

The consumer has a period of 14 days to return, at his own expense, the products that do not suit him. This period runs from the day of delivery of the consumer’s order. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day. Any return must be reported in advance to the company Essences Amazigh and whose contact details are listed in the ‘Contact’ section. The product must be returned by registered mail and sufficiently insured so that it can reach the company Essences Amazigh.The products must not have been unsealed, so that the consumer can benefit from the right of withdrawal. The products remain subject to the legal withdrawal period of 14 days. Only products returned in their entirety, in their original packaging complete and intact, and in perfect resalable condition, will be returned. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of the return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the re-shipment will be at the consumer’s expense. In the event of exercising the right of withdrawal, the company Essences Amazigh will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (see products that must be tested beforehand). The consumer will then be reimbursed by recrediting his bank account (secure transaction) in the event of payment by credit card, or by cheque in other cases. As the right of withdrawal is granted to the consumer under the Consumer Code, it does not apply to purchases made by professionals.

Article 16: Rights of use

The right to use the software of the company Essences Amazigh as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code.

Article 17: Force majeure

Neither party will have breached its contractual obligations, insofar as their performance is delayed, hindered or prevented by an unforeseeable event or force majeure. Any irresistible facts or circumstances beyond the control of the parties that are unforeseeable, unavoidable, beyond the control of the parties and that cannot be prevented by the parties, despite all reasonable efforts, will be considered as fortuitous events or force majeure. The party affected by such circumstances will notify the other within ten business days of becoming aware of them. The two parties will then come together, within one month, unless it is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the injured party. Specifically, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the case law of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Article 18: Non-validation in part

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

Article 19: Non-waiver

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

Article 20: Title

In the event of a difficulty of interpretation between any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles will be declared non-existent

Article 21: Applicable law

These general terms and conditions are subject to Tunisian law. This is the case for the substantive rules as well as for the formal rules. In the event of a dispute or complaint, the consumer will first contact the company Essences Amazigh to obtain an amicable solution. In a second phase, and in the event of an appeal, the consumer may file a complaint with a third party.

Article 22: Data Protection

The information requested from the consumer is necessary for the processing of his order and will appear in the files of the company Essences Amazigh, under the conditions provided for by the law of January 6, 1978.

Article 23: Attribution of jurisdiction

By express agreement between the parties, this contract is subject to Tunisian law. Unless otherwise provided for by law, all disputes to which this contract may give rise shall be submitted to the courts of the registered office of the company Essences Amazigh.

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