Terms and Conditions

  1. DEFINITIONS

Under these General Terms and Conditions of Sale (hereinafter the “ GTC ”), all of the following terms, including a capital letter, have the meaning indicated below and are understood to be both singular and plural:

Azina Shop Club Subscription: subscription taken out by the Customer allowing them to benefit from the Services for a fixed monthly price;

Impulse Clicks LTD , having its registered office at College House, 2nd Floor, 17 King Edwards Road, Ruislip, England, HA4 7AE , a company registered with the English Trade and Companies Register under number: 14396713, represented by Nadija Hlawacka, in her capacity as Director ;

Customer: any person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity connecting to the Site in order to purchase a Product and/or subscribe to the Azina Shop Club Subscription;

Order: Order by a Customer of a Product offered for sale on the Site and/or the Azina Shop Club Subscription;

Data: Any element (information, texts, photographs, messages, etc.) collected by the user and implemented by him within the Site and the Services through his use;

Personal Data: Means any information relating to an identified or identifiable natural or legal person; an “identifiable natural or legal person” is deemed to be a natural or legal person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity;

Functionality: Each element implemented, accessible and usable within the Site and the Services;

Delivery: Provision to the Customer of the Product that he has ordered on the Site;

Means of Access: Methods and/or functions by which a Customer can access the Site and/or one or more Services in order to use them for his/her own needs;

Operator: Company which operates various electronic telecommunications networks necessary for access to and use of the Site and the Services;

Parties: Parties who have accepted and adhere to the T&Cs and the obligations they contain;

Product: Good offered for sale on the Site. The list of Products is available on:

https://azinashop.com/

Price: Price indicated on the Site for a Product and for the Azina Shop Club Subscription;

Services: All services of the Azina Shop Club Subscription made available to the Customer by Impulse Clicks LTD ;

Site: the website https://azinashop.com/ of Impulse Clicks LTD allowing the Customer to have access to the sale of Products and/or to the subscription of the Azina Shop Club Subscription;

Third Party: Means individuals or legal entities who are not related by common ownership or control to Impulse Clicks LTD or other individuals unrelated to Impulse Clicks LTD and/or the Customer.

  1. PURPOSE OF THE GTC

The purpose of these General Terms and Conditions is to define the terms and conditions under which the Customer may purchase Products on the Site and/or subscribe to the Azina Shop Club Subscription.

For any request for information or contact, the Customer is invited to contact Impulse Clicks LTD at the following contact details: by telephone: 0 1 89 86 15 49 (Monday to Friday from 3 p.m. to 7 p.m. and Saturday from 9 a.m. to 2 p.m.) or by email: contact@azinashop.com.

  1. ACCEPTANCE OF THE GTC

The Customer declares that they have read these General Terms and Conditions and have accepted them by checking the box provided for this purpose when placing their Order. Placing an Order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions. The General Terms and Conditions are accessible at any time on the Site.

  1. MODIFICATION OF THE GTC

These T&Cs may be modified at any time by Impulse Clicks LTD . Any modification of the T&Cs will be notified to the Customer via the Site.

The General Terms and Conditions applicable to the Customer are those in force on the day the Order is placed, any new Order being placed entailing acceptance, where applicable, of the new General Terms and Conditions applicable on the day of this new Order.

  1. PRODUCTS

The Products offered for sale on the Site are:

https://azinashop.com/

The main characteristics of the Products are presented on the Site, which the Customer is required to read before placing the Order.

  1. PRICE

The Prices of the Products and the Azina Shop Club Subscription appear on the Site and are expressed in euros and all taxes included (TTC).

The Product Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Site and calculated prior to placing the order. Customs duties or other local or import taxes may be payable. These costs and duties will be borne by the Customer and are his responsibility.

Product prices may be modified at any time on the Site. The price applicable for the Products concerned corresponds to the price in effect at the time the order is registered.

If the Customer benefits from a discount or promotional code, it is their responsibility to ensure that it is indicated in the appropriate section during the Order process. It will not be possible to indicate a promotional code or benefit from a discount offer once the order has been validated.

The price of the Azina Shop Club subscription is 42.80 euros including tax per month, with automatic monthly payment by bank card.

  1. ORDER

The Customer is supported throughout the Order placing process by a series of simple instructions displayed on the Site.

The Customer may order Products on the Site by clicking on “ADD TO CART”. The Customer may delete or modify the selected Product before confirming the Order and accepting the T&Cs.

The Customer can order the Azina Shop Club Subscription by clicking on “Subscribe now” on the page  https:// azinashop .com/abonnement/ . He may delete the selection of the Azina Shop Club Subscription before validating the Order and accepting the T&Cs.

Confirmation of the Order by clicking on “Confirm payment” constitutes an obligation of payment for the Customer.

An Order is paid by secure payment method, namely by payment or credit card: (MasterCard®, Visa®, American Express®, Maestro® [previously Switch], Visa Electron®, Visa Delta®, Carte Bleue and Carte Bancaire). Cash or check payments are not accepted.

If the Customer has a promotional or discount code, this, to be valid, must be entered during the Order confirmation process.

An email acknowledging receipt of the Order and summarizing this information will be sent to the address provided by the Customer directly after the Order has been placed.

Product offers are valid within the limits of available stocks, in accordance with the information available on the Site and when placing the Order.

Impulse Clicks LTD reserves the right to refuse any Order without right to compensation for the Customer concerned if it is abnormal or for any other legitimate reason.

  1. DELIVERY

Delivery of the Products takes place within 30 days from the Order, to the address that the Customer indicates during the ordering process.

The delivery time includes the time taken to prepare and ship the order.

In accordance with the applicable provisions, in the event of late delivery, the Customer has the option of terminating the contract under the conditions set out in Articles L. 216-2, L. 216-4 and L. 241-4 of the Consumer Code. In this case, the Customer will be reimbursed for all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.

The risks of loss or damage to the Products are transferred to the Customer at the time he takes physical possession of the Products subject to the Order.

  1. Azina Shop Club SUBSCRIPTION SERVICES

By subscribing to the Azina Shop Club Subscription when placing an order on the Site, the Customer expressly consents to benefit from the Azina Shop Club Subscription Services.

Through the Services, the Customer accesses private sales available on the site https://azinashop.com/ offering members of the Azina Shop Club Subscription preferential prices using a promotional code sent by email to the Customer. The Customer is informed of private sales by email.

Services include:

  • Preferential prices for purchasing Products on the site https://azinashop.com/ ;
  • Free shipping costs for the Order of Products purchased on the Site;
  • Private event sales sent by email.

In order to benefit from the advantages offered by the Services, the Customer must provide the email address linked to their membership and their promotional code received by email when placing Orders on the Site.

Membership of the Azina Shop Club Subscription is subject to a charge of 42.80 euros including tax per month, with automatic monthly payment by bank card.

The Customer may terminate the Azina Shop Club Subscription at any time, directly on the Site or on the site https://azinashop.com/ , by going to the “ Cancel my subscription ” section, or by contacting customer service using the contact details mentioned in article 2 of the T&Cs.

The Azina Shop Club Subscription then ends immediately, no further monthly payments will be taken.

  1. WITHDRAWAL PERIOD

The Customer has the right to withdraw from his Order without giving any reason within a period of fourteen (14) days:

for Products: from the date on which the Product was delivered to the Customer. In the case of an Order for several Products delivered separately or in the case of an Order for a Product composed of batches or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last Product or batch or the last part.

for the Azina Shop Club Subscription: from the Order of the Azina Shop Club Subscription on the Site.

To exercise his right of withdrawal, the Customer must notify us of his decision to withdraw by sending the withdrawal form attached as an appendix to the General Terms and Conditions or any other unambiguous declaration expressing his wish to withdraw:

by email to contact@azinashop.com, an acknowledgment of receipt of the withdrawal will then be communicated to him without delay;

by post to Impulse Clicks LTD at College House, 2nd Floor, 17 King Edwards Road, Ruislip, England, HA4 7AE

The Customer must return the Product within a period not exceeding fourteen (14) days following the communication of his decision to withdraw.

In the event of withdrawal by the Customer in accordance with the above terms, the Customer will be reimbursed for the payments made, including delivery costs, without undue delay and in any event, no later than fourteen (14) days:

for Products: from the date of recovery of the Product or the date on which the Customer provided proof of shipment of the Product, the date retained being that of the first of these facts;

for the Azina Shop Club Subscription: from the date on which he informed Impulse Clicks LTD of his withdrawal.

The Price of the returned Product will be fully refunded to the Customer. In the event of withdrawal from the Azina Shop Club Subscription, the Customer will be fully refunded.

The refund will be made using the same means of payment as that used by the Customer for the order. The costs of returning the Product are the responsibility of the Customer.

You are only liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the Product.

The Customer expressly acknowledges that the aforementioned right of withdrawal cannot be exercised for:

the delivery of products which cannot be returned for reasons of hygiene or health protection when the Customer has opened them after Delivery;

the delivery of audio or video recordings or computer software when the Customer has opened them after Delivery;

the supply of products likely to deteriorate or expire rapidly.

  1. RESPONSIBILITY AND WARRANTIES

Responsibility :

Impulse Clicks LTD is fully liable to the Customer for the proper performance of the obligations resulting from the GTC and any Order. However, Impulse Clicks LTD will be exonerated from all or part of its liability by providing proof that the non-performance or poor performance of the GTC and/or any Order is attributable either to the Customer, or to the unforeseeable and insurmountable act of a Third Party, or to a case of force majeure.

Information relating to legal guarantees:

Impulse Clicks LTD is liable for defects in the conformity of the goods to the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq . of the Civil Code.

Article L217-4 of the Consumer Code: " The seller delivers goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility. "

Article L217-5 of the Consumer Code: “ The good complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code: “ The action resulting from the lack of conformity is prescribed by two years from the delivery of the good .”

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 so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. "

Article 1648, paragraph 1 of the Civil Code:

“ The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect .”

Article L217-16 of the Consumer Code:

"When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention ."

The Customer may exercise these guarantees by sending his request:

at the following address: Impulse Clicks LTD , whose registered office is at College House, 2nd Floor, 17 King Edwards Road, Ruislip, England, HA4 7AE or

by email: contact@azinashop.com

When the Customer acts under the legal guarantee of conformity, he:

-benefits from a period of two years from delivery of the goods to take action;

- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

  1. DESCRIPTION AND ACCESS TO THE SITE

Impulse Clicks LTD provides a Site allowing the Customer to purchase Products and, where applicable, to join the Azina Shop Club Subscription. The Site allows each Customer to access the description of all the Products offered for sale.

Simply accessing the Site and placing an Order does not require an access code or identifiers.

The Site is accessible and usable twenty-four hours a day (24h/24h) and seven days a week (7d/7d) provided that you have a computer terminal capable of connecting to the Internet network and Internet access.

The Site is accessible free of charge to any Customer with internet access. All costs relating to access to the Site and, where applicable, to the Services, whether hardware, software or internet access costs, are the sole responsibility of the Customer. The Customer is solely responsible for the proper functioning of their computer equipment and their internet access.

Impulse Clicks LTD implements all reasonable means at its disposal to ensure quality access to the Site and, where applicable, to the Services.

Impulse Clicks LTD cannot, moreover, be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the Site and, where applicable, to the Services.

Impulse Clicks LTD reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site, in order to ensure maintenance, or for any other legitimate reason, without the interruption giving rise to any obligation or compensation.

  1. PERSONAL DATA

The Customer is informed that the collection of his Personal Data is necessary for the Order of the Products and/or the Azina Shop Club Subscription and/or the Services as well as their transmission to third parties for the purpose of delivery of the Products. This Personal Data is collected only for the execution of the Order and the General Terms and Conditions.

The Customer is informed that he is required to provide the data listed below, and that he is exposed to the impossibility of executing the Order and the General Terms and Conditions in the event of failure to provide said data.

Responsible for processing personal data:

The controller of Personal Data is Impulse Clicks LTD , whose registered office is located at College House, 2nd Floor, 17 King Edwards Road, Ruislip, England, HA4 7AE, a company registered with the English trade register under number: 14396713, represented by Nadija Hlawacka, in her capacity as Director , contact@azinashop.com, within the meaning of the Data Protection Act and Regulation 2016/679 on the protection of personal data.

Limitation of processing:

Unless the Customer expressly agrees, his Personal Data is not used for advertising or marketing purposes.

Collection of personal data:

The Personal Data collected on the Site are as follows:

Ordering Products and/or Azina Shop Club Subscription:

When Ordering Products and/or Subscribing to Azina Shop Club by the Customer: First name, Last name, Email address, Postal address, Telephone number.

Payment :

As part of the payment for the Products and/or the Azina Shop Club Subscription offered on the Site, the Site records financial data relating to the Customer's bank account or credit card.

Recipients of personal data:

Personal Data is used by Impulse Clicks LTD and its co-contractors for the execution of the Order and the General Terms and Conditions and to ensure the effectiveness of the sale and delivery of the Products and/or Services.

The category(ies) of co-contractor(s) is (are): Suppliers of the Products and transport providers.

Data retention period:

Impulse Clicks LTD will retain the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.

Security and Privacy:

Impulse Clicks LTD implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and Impulse Clicks LTD cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of Customer and User Rights:

In accordance with the regulations applicable to personal data, Customers and users of the Site have the following rights:

They can update or delete data concerning them in the following ways:

They can delete their account by writing by post or email to the Data Controller whose contact details are given above. They can exercise their right of access to know the Personal Data concerning them by writing by post or email to the Data Controller whose contact details are given above. If the personal data held by Impulse Clicks LTD is inaccurate, they can request the updating of the information by writing by post or email to the Data Controller whose contact details are given above. They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing by post or email to the Data Controller whose contact details are given above. They can also request the portability of the data held by Impulse Clicks LTD to another service provider.

Finally, they may object to the processing of their data by Impulse Clicks LTD . These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The Data Controller must provide a response within a maximum of one month. In the event of refusal to comply with the Client's request, the latter must provide reasons.

The Customer is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.

The Customer may be asked to tick a box to agree to receive informational and advertising emails from Impulse Clicks LTD . The Customer will always have the option to withdraw their consent at any time by contacting Impulse Clicks LTD using the contact details given above or by following the unsubscribe link.

Telephone canvassing opt-out list:

Your telephone number is collected when you create your account or place your Order, we inform you that your telephone contact details will only be used for the proper execution of your orders or to contact you in order to offer you new services. In accordance with legal provisions, you are informed that you can, if you wish, register on the telephone canvassing opposition list. You can register free of charge on this list which is binding on all professionals except those with whom you have already concluded a contract.

  1. 14. SECURITY

The Site is subject to an SSL encryption process.

Payment data is exchanged in encrypted mode according to a protocol defined by the approved payment service provider involved in banking transactions carried out on the Site.

  1. CUSTOMER COMMITMENTS

The Customer declares that the information he transmits to Impulse Clicks LTD is accurate and sincere. Any inaccuracy in the Customer's statements may incur his liability.

The purchase of Products, membership in the Azina Shop Club Subscription and the Services are reserved for adults with legal capacity. The Customer therefore guarantees to be of legal age and to have legal capacity.

The Customer undertakes not to use the Products, the Azina Shop Club Subscription and/or the Services for any commercial or resale purposes.

  1. FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

  1. LANGUAGE

These General Terms and Conditions are written in French. They are also available in English. In the event of difficulty, the French version prevails over the English version.

  1. APPLICABLE LAW

These T&Cs are governed by French law.

  1. COMPLAINTS AND AMICABLE SETTLEMENT OF DISPUTES

To resolve disputes, we invite the Client to first send us a written complaint:

by email to contact@azinashop.com, or

by post to Impulse Clicks LTD whose registered office is at College House, 2nd Floor, 17 King Edwards Road, Ruislip, England, HA4 7AE

In accordance with Articles L 611-1 et seq. of the Consumer Code, any dispute or litigation known as consumer dispute may be subject to amicable settlement by mediation with a consumer mediator.

The mediator chosen by the professional, LMConso, is currently awaiting validation of its approval by the CECMC (Commission for the Evaluation and Control of Consumer Mediation). The mediator's contact details will be updated as soon as the latter is registered on the list of consumer mediators established in accordance with Article L. 615-1 of the Consumer Code. Consumers who do not wish to wait for the mediator to be listed may contact a justice conciliator: https://www.service-public.fr/particuliers/vosdroits/F1736

The Customer is also informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. The platform is available at the following address: http://ec.europa.eu/consumers/odr/.

You may, at your own expense, be assisted by counsel.

  1. COMPETENT JURISDICTION

Any disputes to which these General Terms and Conditions may give rise, concerning their validity, interpretation, execution, resolution, their consequences and their follow-ups, and which have not been the subject of an amicable settlement, will be submitted to the competent court under the conditions of common law.