These terms apply to orders placed on the site by consumers. They are those in force on the date of your order. We invite you to read them, save them or print them. This English version is provided for information; in the event of a discrepancy, the French version prevails.
1. Seller
The products are sold by Dameva Business, trading as Ambiance Provence, a sole-trader commercial business registered with the Trade and Companies Register (RCS) of Draguignan under number 538 583 345, whose registered office is at 197 boulevard Léo Lagrange, 83300 Draguignan, France.
Contact: contact@ambiance-provence.com, +33 6 43 00 08 50, or our Contact page.
2. Scope
These terms govern the sales of products concluded on www.ambiance-provence.com between the seller and any adult natural person acting for non-professional purposes (the “customer”). The contract is concluded in the French language.
Confirming the order constitutes acceptance of these terms. The seller may change them at any time; the version that applies is the one accepted when the order was placed.
3. Products
The essential characteristics of the products, in particular their size, composition and precautions for use, are given on their product page and on their label. The customer is invited to read them before purchase and to follow the advice for use, in particular for essential oils and cosmetics.
Some items are made in an artisan way. Their appearance may vary slightly from one piece to another, without these variations affecting their essential characteristics.
Offers are valid while stocks last. If a product proves to be unavailable after the order, the customer is informed without delay. They may then cancel the order for that product and be refunded the sums paid as soon as possible.
4. Prices
Prices are shown in euros, all charges included. VAT not applicable, article 293 B of the French General Tax Code. They do not include delivery costs, the amount of which is shown before the order is confirmed.
The price that applies is the one displayed when the order is confirmed.
5. Order
The customer selects their items, checks their cart, logs in or enters their details, and chooses their delivery method and payment method. They can check the details and total price of their order and correct any errors before confirming it by clicking “Order and pay” (“Commander et payer”), which entails an obligation to pay.
The contract is formed at this confirmation. The seller acknowledges receipt by an e-mail summarising the order and repeating the contractual information. The seller may refuse an order for a legitimate reason, in particular in the event of a prior dispute concerning the payment of an order.
6. Payment
The price is payable at the time of the order, except in the case of payment on hand delivery (see below). The customer can pay by bank card (myPOS service), by PayPal account or by bank transfer. Online payments are processed by these providers; the seller never has access to full card numbers.
In the case of payment by bank transfer, the order is prepared after the funds have been received in the seller’s account.
For a local delivery (article 7), the customer may also choose to pay on hand delivery, in cash or by bank card using the seller’s payment terminal. In that case, the price is payable when the order is handed over, and the order is handed over only against payment.
The products remain the property of the seller until the price has been paid in full. This clause does not deprive the customer of any of the rights granted by the French Consumer Code, and the risk of loss or damage remains governed by article 7.
7. Delivery
Products are delivered in France, Monaco and Belgium, to the address or pick-up point indicated by the customer.
| Method | Zones | Time |
|---|---|---|
| Mondial Relay, to a pick-up point | Mainland France, Monaco, Belgium | 3 to 4 working days after shipping |
| Colissimo, to your home | France including Corsica, Monaco, Belgium | 2 to 3 working days after shipping |
| Local delivery, by hand | Draguignan (postcode 83300) only | 24 working hours after the order is confirmed |
Orders are shipped within 24 hours after payment is confirmed (local delivery: see below). Costs depend on the weight, the delivery method and the destination; they are shown before payment. Delivery to a Mondial Relay pick-up point is free from €59 of purchases in mainland France (excluding Corsica).
Local delivery is free. It is reserved for orders whose delivery address is in Draguignan (postcode 83300): the order is handed over in person at that address, within 24 working hours from the confirmation of the order or, for an online payment or a bank transfer, from receipt of the payment.
The time announced when the order is placed is binding on the seller. Failing a date or time agreed, the product is delivered at the latest thirty days after the contract is concluded (article L. 216-1 of the French Consumer Code).
In the event of a breach of this obligation, the customer may, under the conditions of article L. 216-6 of the same Code, suspend payment or, after a formal notice that has remained without effect within a reasonable additional period, terminate the contract in writing. They may also terminate it immediately if the seller refuses to deliver, if it is clear that the seller will not deliver, or if compliance with the delivery date was an essential condition of the contract for the customer. The sums paid are then refunded within fourteen days.
The risk of loss or damage passes to the customer when they, or a third party designated by them, take physical possession of the product. The customer is invited to check their parcel on receipt and to report any anomaly to the seller without delay, without this being a condition of their legal rights.
8. Right of withdrawal
Period. You have the right to withdraw from this contract without giving any reason within fourteen days (article L. 221-18 of the French Consumer Code). This period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, take physical possession of the goods. For an order of several goods delivered separately, it runs from receipt of the last item.
Exercise. To exercise this right, you must notify us of your decision by means of an unambiguous statement: letter to Dameva Business, 197 boulevard Léo Lagrange, 83300 Draguignan, France, or e-mail to contact@ambiance-provence.com. You may use the model withdrawal form at the end of this article, but this is not compulsory. To meet the deadline, it is sufficient to send your communication before the period expires.
You can also exercise your right of withdrawal online at www.ambiance-provence.com/renoncer-au-contrat, using the “Exercise my right of withdrawal” function, also accessible from the footer of the site. If you use this function, we will send you, as soon as possible, an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail), including its content and the date and time of its submission.
Refund. In the event of withdrawal, we will refund all payments received, including delivery costs (except for additional costs resulting from your choice of a delivery method more expensive than the least expensive standard method we offer), without undue delay and no later than fourteen days from the day on which we are informed of your decision. The refund is made using the payment method used for the order, unless you expressly agree otherwise, and incurs no fees for you. We may defer it until we have recovered the goods or until you have provided proof of dispatch, the date taken being that of the earlier of these events.
Return. You must return the goods to Dameva Business, 197 boulevard Léo Lagrange, 83300 Draguignan, without undue delay and no later than fourteen days after having communicated your decision to us. You bear the direct cost of returning the goods. You are liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
Exceptions. In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in particular for goods made to the customer’s specifications or clearly personalised, for goods liable to deteriorate or expire rapidly, and for goods unsealed by the customer after delivery that cannot be returned for hygiene or health protection reasons, which may include cosmetics and essential oils whose seal has been broken.
Model withdrawal form. Please complete and return this form only if you wish to withdraw from the contract.
To: Dameva Business, 197 boulevard Léo Lagrange, 83300 Draguignan, France, contact@ambiance-provence.com
I / We (*) hereby give notice that I / we (*) withdraw from my / our (*) contract for the sale of the goods below:
Goods concerned: ..................................................................
Ordered on (*) / received on (*): ...........................................
Name of consumer(s): ........................................
Address of consumer(s): ..................................
Signature of consumer(s) (only if this form is notified on paper): ..................................
Date: ................................................
(*) Delete as appropriate.
9. Legal guarantees
Whatever the price and the method of ordering, the seller is liable for lack of conformity and hidden defects. To invoke a guarantee, contact contact@ambiance-provence.com stating your order reference. The seller does not offer a commercial guarantee.
The consumer has a period of two years from delivery of the goods to obtain the application of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the trader, where applicable, to provide all the updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods, or end the contract and be fully refunded against return of the goods, if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the guarantee that remained to run until the repaired goods are delivered.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who in bad faith obstructs the application of the legal guarantee of conformity incurs a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund against return of the goods.
10. Lavy loyalty programme
The Lavy programme is reserved for customers with an account. Every whole euro of products purchased earns 1 point, excluding delivery costs; products on sale do not earn any. One point is worth €0.05 off, usable from a €10 cart.
Points become available when the order is delivered and have no expiry date. They are removed if the order is cancelled. They are personal and cannot be transferred or exchanged for money.
11. Force majeure
Neither party is liable for failure to perform its obligations where this results from an event of force majeure within the meaning of article 1218 of the French Civil Code. The contract is suspended for the duration of the impediment, and may be terminated if the impediment is permanent or justifies termination.
12. Liability
The seller is responsible for the proper performance of the contract, except for non-performance attributable to the customer, to the unforeseeable and insurmountable act of a third party or to an event of force majeure. Nothing in these terms limits the rights the customer holds under mandatory legal provisions.
13. Intellectual property
The contents of the site are protected. Any reuse without permission is prohibited, as specified in the legal notice.
14. Personal data and archiving
The data necessary to process orders is processed in accordance with the privacy policy.
The customer may register free of charge on the French telephone canvassing opt-out list Bloctel.
When the order reaches €120 or more, the seller keeps the document recording it for ten years from delivery and makes it available to the customer on request (articles L. 213-1 and D. 213-1 of the French Consumer Code).
15. Complaints and mediation
Any complaint may be sent to contact@ambiance-provence.com or to the seller’s postal address.
In the event of a dispute not resolved after a written complaint to the seller, the customer may have recourse free of charge to the consumer mediator to whom the seller is attached (articles L. 612-1 and L. 616-1 of the French Consumer Code):
Name, address and website of the consumer mediator to be completed after joining.
16. Applicable law and competent courts
These terms are governed by French law. This clause does not deprive the customer of the protection afforded by the mandatory provisions of the law of the country in which they habitually reside.
Failing an amicable solution, the customer may bring the matter, at their choice, before one of the courts with territorial jurisdiction under the French Code of Civil Procedure or the court of the place where they lived at the time the contract was concluded or the harmful event occurred (article R. 631-3 of the French Consumer Code).
Thank you for your trust.
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