General Conditions of Sale

1. Vendor identification

The site apsaraco.com is edited by:

APSARA & CO – SARL capital of 100 000 XPF
Ensign / Trade name : APSARA & CO
Head Office: 386 bis rue des Mimosas, Robinson – 98809 Mont-Dore – New Caledonia (France)
SCN Nouméa : 1 638 949 - RIDET : 1 638 949.001
Phone: (+687) 70 72 03
Email: [email protected]

Hereafter referred to as « the Seller ».

2. Subject matter

These General Conditions of Sale (GTC) govern all sales of products made on the site apsaraco.com, as part of a distance selling system.

3. Products

The products offered for sale are: natural and ecological productsavailable within stock limits.

Each product is accompanied by as precise a description as possible. Photographs and visuals do not have contractual value.

4. Prices

Prices are shown in CFP francs (XPF), all taxes included (including GCT), excluding shipping costs.

Delivery costs are indicated before the order is validated and added to the total amount.

The Seller reserves the right to change his prices at any time. The applicable price is that displayed at the time of validation of the order.

5. Command

The Customer can place an order directly on the site apsaraco.com.

The order process includes:

• the selection of the product(s);
• validation of the basket;
• the entry of delivery and billing information;
• choice of method of delivery;
• the choice of payment method;
• the final validation of the order.

The validation of the command means full acceptance of these GTCs.

A confirmation email is sent to the Customer at the address indicated when ordering.

6. Payment

Payment is made online, at the time of validation of the order, by credit card via the secure platform EpayNC.

The flow occurs immediately when the command is validated. The Seller does not keep any bank data.

7. Delivery

The products are delivered to the address indicated by the Customer when ordering.

The estimated delivery costs, terms and times are specified before the order is validated.

The Seller may not be held liable for delays attributable to the carrier or a case of force majeure.

The Customer is required to check the condition of the package at reception. In case of anomaly (damaged, open, missing product...), it belongs to the Customer:

• to issue specific reservations to the carrier;
• and inform the Seller as soon as possible by email to [email protected].

8. Right of withdrawal

The Customer has a period of 14 calendar days from the date of receipt of the product to exercise its right of withdrawal, without having to justify its decision.

To exercise this right, the Customer must notify the Seller of his decision by email to [email protected], indicating a minimum: surname, first name, order number, product(s) concerned and withdrawal decision.

The costs of return are borne by the Customer.

The product must be returned in perfect condition, in its original packaging if possible, and accompanied by any accessories.

9. Refund

Reimbursement shall take place within a maximum period of 14 days from the receipt of the returned product, or proof of dispatch provided by the Customer if it is earlier.

It is carried out by the the same means of payment that used when ordering, unless otherwise agreed by the Customer.

10. Exclusions from the right of withdrawal

The right of withdrawal shall not apply in particular to:

• customised products;
• unsealed products which cannot be returned for reasons of hygiene or health protection;
• perishable or rapidly deteriorating property.

11. Legal guarantees

Regardless of the right of withdrawal, the products sold benefit, in accordance with the regulations applicable in New Caledonia:

• of the legal guarantee of conformity, which covers non-compliance of the product with the sales contract ;
• of the warranty of hidden defects Articles 1641 et seq. of the Civil Code applicable in New Caledonia.

Under these guarantees, the Customer may obtain, as appropriate, the repair, replacement or refund of the product.

Any request must be made in accordance with the procedure laid down in Article « Claims », specifying: order number, product concerned, problem description and photos if necessary.

12. Claims

Any claim may be addressed to the Seller:

• by email: [email protected] ;
• by mail: APSARA & CO – 386 bis rue des Mimosas, Robinson – 98809 Mont-Dore – New Caledonia (France);
• by telephone: (+687) 70 72 03.

13. Subscription

The site apsaraco.com does not offer any subscription sales. Each order is punctual and does not entail any renewal or appointment of duration.

14. Liability

The Seller shall not be liable for any indirect damages resulting from the purchase of the products or from the use of the site, including loss of exploitation, loss of chance or immaterial damage.

The responsibility of the Seller may not in any event exceed the amount of the order concerned.

15. Personal data

The information collected is necessary for the processing of orders (management, delivery, billing, customer service).

The Customer has the right to access, rectify and delete data concerning him, by writing to: [email protected].

For more information, the Customer is invited to consult the privacy policy.

16. Intellectual property

All elements of the site apsaraco.com (texts, images, logos, graphics, content) are protected by intellectual property law and remain the exclusive property of the Seller unless otherwise stated.

Any reproduction, representation or exploitation, total or partial, is prohibited without prior written permission.

17. Applicable law – Disputes

These Terms and Conditions are subject to the applicable law in New Caledonia.

In the event of a dispute, the Customer and the Seller undertake to seek an amicable solution before any legal action. Otherwise, the competent courts of New Caledonia will have sole jurisdiction.