Terms of sale

Article 1 – Information about the seller

The company SEOMY TECHNOLOGY, a simplified joint-stock company (SAS), whose registered office is located at 60 rue François 1er 75008 - Paris, France, registered with the Trade and Companies Register of Paris under number 993 396 613,

Publishes, operates and administers the website accessible at www.ami-amour.fr.

Through this website, SEOMY TECHNOLOGY offers for sale physical products, as well as, where applicable, digital products, services or other offerings, to both private and business customers.

Publication director: Mr MNIA Youssef
Contact: contact@ami-amour.fr

The seller is referred to as the "seller" or "Ami Amour", in reference to its trade mark, in the following general terms and conditions of sale.

Article 2 – Scope of application

These General Terms and Conditions of Sale apply to any order placed by a customer via the website. 

The purchaser or customer is deemed to be acting as a consumer unless expressly indicated otherwise when placing the order.

Orders placed by business customers are subject to specific terms set out in a quotation, a purchase order or any other written document exchanged between Ami-Amour and the business customer, and are not governed by these General Terms and Conditions of Sale.

Any business customer placing an order without declaring itself as such may not rely on the protective provisions of consumer law.

Article 3 – Products and services

Ami-Amour offers, through its website, various types of offerings, which may include:

  • physical products, in particular technical accessories and kits to be assembled; 

  • digital products, such as content that can be downloaded or accessed online; 

  • services, in particular relating to support, consultancy, document production or any related activity. 

The essential characteristics of each product, service or content item are presented on the website or communicated to the customer before the order is placed, in particular via the sales page or product page.

Certain products may:

  • be offered for pre-sale, 

  • be subject to personalisation, 

  • or require technical work or specific handling by the customer. 

The customer is required to read, before placing any order, all the information relating to the chosen offering.

Article 4 – Prices and payment

By default, prices are expressed in euros inclusive of all taxes. Upon simple request, the customer may receive an invoice in professional format detailing the taxes applied to the price.

Payment is due immediately upon ordering, by bank card.

The order is validated once payment has been confirmed.

Placing an order implies the customer's acceptance of these General Terms and Conditions of Sale.

Ami-Amour may offer, for certain products, a waiting list facility allowing the customer to be informed of the future availability of a product.

Registration on a waiting list:

  • does not constitute an order, 

  • does not amount to a firm reservation or a commitment to purchase, 

  • does not impose any obligation on the customer to purchase the product when it becomes available again. 

The customer is informed of the product's availability by any appropriate means of communication (email, SMS, etc.), subject to their prior consent to receiving such communications.

Article 5 – Pre-sale or pre-order

Certain products may be offered for sale by way of pre-order or pre-sale.

Pre-ordering allows the customer to purchase a product that is not immediately available in stock at the time of ordering.

This sales method may be implemented in particular:

  • to optimise production conditions, 

  • to streamline logistics, 

  • to offer advantageous pricing conditions,  

Before confirming their order, the customer is informed:

  • of the deferred nature of the delivery, 

  • of an estimated timeframe for availability. 

This timeframe is given for information purposes only.

In the event of a significant delay compared with the announced timeframe, the customer may:

  • either maintain their order, 

  • or request its cancellation and obtain a refund of the sums paid.

Article 6 – Personalised products: no right of withdrawal and handling of defects

6.1. No right of withdrawal. In accordance with Article L221-28, 3° of the French Consumer Code, the right of withdrawal cannot be exercised for goods made to the consumer's specifications or clearly personalised. Consequently, orders for personalised products (photo, text, first name, engraving, printing or any other personalisation) are firm and final as soon as payment is confirmed and cannot give rise to withdrawal, exchange or refund for a simple change of mind. The customer is informed of this before confirming their order.

6.2. Checking before ordering. The customer is solely responsible for the accuracy of the personalisation details they provide (spelling, choice of photo, framing, options). AMI-AMOUR faithfully reproduces these details as validated by the customer when ordering; an error attributable to the customer (typing error, wrong photo) does not constitute a lack of conformity.

6.3. Defective or non-conforming product. The absence of a right of withdrawal is without prejudice to the statutory guarantees: the customer retains the full benefit of the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code). If the delivered product is damaged, defective or does not match the validated personalisation (manufacturing error, poorly printed photo, incorrect engraving not attributable to the customer), the customer shall contact AMI-AMOUR at contact@ami-amour.fr, enclosing photos of the product received. AMI-AMOUR will then, at no cost to the customer:

  • arrange the remanufacture and replacement of the product (the preferred solution, as the product is personalised); or 

  • if replacement is impossible or cannot take place within thirty (30) days, or in the event of a serious defect, provide a full refund of the sums paid, 

under the conditions laid down in Articles L217-8 to L217-17 of the French Consumer Code. Any costs of returning the non-conforming product shall be borne by AMI-AMOUR.

Article 7 – Delivery

Products are delivered to the address provided by the customer when placing the order.

Delivery may be entrusted to a third-party carrier chosen by Ami-Amour.

Unless otherwise stated on the sales page or at checkout, delivery costs are borne by the customer and are indicated before the order is confirmed.

As the products are made to order and then dispatched from the workshops of our manufacturing partners, the total delivery time in mainland France is ten (10) to twenty-five (25) days from confirmation of the order, comprising a production time for the personalisation (generally 2 to 7 days) and a shipping time. The timeframe applicable to each product is indicated on the product page and/or before the order is confirmed; in the absence of any indication, AMI-AMOUR shall deliver no later than thirty (30) days after the conclusion of the contract, in accordance with Article L216-1 of the French Consumer Code.

In accordance with Article L216-2 of the French Consumer Code, if AMI-AMOUR does not deliver within the stated timeframe (or, failing that, within 30 days), the customer may direct AMI-AMOUR, by registered letter with acknowledgement of receipt or in writing on another durable medium, to carry out the delivery within a reasonable additional period. If delivery does not take place within this new period, the customer may terminate the contract in the same manner; AMI-AMOUR shall then refund all sums paid no later than fourteen (14) days after termination (Article L216-3 of the French Consumer Code).

AMI-AMOUR is automatically liable for the proper delivery of the product until it is handed over to the customer, in accordance with Article L216-6 of the French Consumer Code. The risks of loss or damage are transferred to the customer only when the customer (or a third party designated by them) takes physical possession of the product. A tracking number is provided to the customer whenever possible.

Ami-Amour cannot be held liable for delays or failures to perform attributable to an event of force majeure, as defined in Article 1218 of the French Civil Code.

A customer who takes delivery of a product after having obtained and received a refund must, on pain of legal proceedings, return that product to Ami-Amour upon simple request and to the address indicated.

Article 8 – Right of withdrawal

The consumer customer has a period of fourteen (14) days from receipt of the product in which to exercise their right of withdrawal, in accordance with Articles L221-18 et seq. of the French Consumer Code, without having to give reasons for their decision.

Return costs are borne by the customer.

The customer may handle the product only to the extent necessary to establish its nature, characteristics and proper functioning. In the event of depreciation resulting from handling other than that necessary for this verification, the customer may be held liable, in accordance with Article L221-23 of the French Consumer Code, and a deduction may be applied to the refund.

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised, in particular, for:

  • goods made to the consumer's specifications or clearly personalised, 

  • personalised services or work carried out at the customer's request.

The right of withdrawal provided for by the French Consumer Code is reserved for consumers within the meaning of the introductory article of the French Consumer Code.

Consequently, customers acting in a professional capacity do not benefit from this right, unless there is a specific legal provision or the express agreement of Ami-Amour.

Article 9 – Guarantees

The products are covered by the statutory guarantees:

  • of conformity, 

  • against hidden defects. 

Independently of these statutory guarantees, Ami-Amour may, on a commercial basis, offer specific contractual guarantees, the conditions, duration and scope of which will be specified on a case-by-case basis on the website or in any contractual document.

These commercial guarantees apply without prejudice to the statutory guarantees enjoyed by the customer.

In accordance with Articles L217-3 et seq. and D211-2 of the French Consumer Code, the consumer customer is informed of the following:

The consumer has a period of two years from delivery of the goods in which to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. 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.

The legal guarantee of conformity entitles the consumer 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 initial guarantee.

If the consumer requests the repair of the goods but the seller imposes their 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 of the purchase price by keeping the goods, or terminate the contract and obtain a full refund in exchange for returning the goods, if:

1° the professional 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 for the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or where they bear the costs of installing the repaired or replacement goods;
4° the non-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 the termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. In that case, the consumer is not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until delivery of the repaired goods.

The rights mentioned above result from the application of Articles L217-1 to L217-32 of the French Consumer Code.

A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300 000 euros, which may be increased to up to 10 % of average annual turnover (Article L241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund in exchange for returning the goods.

Article 10 – Liability

The products offered by Ami-Amour, in particular items or kits to be assembled, may require the use of tools, the handling of materials and the performance of technical operations that may present risks.

The customer expressly acknowledges that:

  • the use, assembly and installation of the products are their sole responsibility; 

  • these operations must be carried out in compliance with the applicable safety rules; 

  • Ami-Amour provides no supervision, no personalised technical assistance and no control over the conditions in which the products are used after delivery. 

Ami-Amour cannot be held liable for damage resulting in particular from:

  • improper use of the product; 

  • non-compliant assembly or installation; 

  • the use of unsuitable or dangerous tools; 

  • failure to comply with safety instructions or accepted best practice; 

  • or any modification of the product by the customer. 

The liability of Ami-Amour cannot be incurred for indirect damage, such as loss of business, loss of revenue or any other economic loss.

In any event, the liability of Ami-Amour may only be incurred in the event of proven fault and within the limits laid down by the applicable legal provisions.

Article 11 – Personal data

The personal data collected by Ami-Amour are processed for the purposes of:

  • managing orders and commercial relations; 

  • managing customer accounts; 

  • where applicable, registration on and management of waiting lists; 

  • and, subject to the customer's consent where such consent is required, sending commercial communications. 

Personal data are processed in accordance with the applicable regulations, in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the French Data Protection Act (loi Informatique et Libertés).

The customer is informed that all the arrangements for the collection, processing, storage and protection of their data, as well as their rights (rights of access, rectification, erasure, objection, restriction and portability), are detailed in the Privacy Policy available on the website.

The customer may exercise their rights at any time by contacting Ami-Amour at the following address: contact@ami-amour.fr.

Payments made on the website are processed by secure payment service providers.

In this context, the customer's banking data (card number, payment identifiers, etc.) are collected and processed directly by these providers and are at no time accessible to the teams of Ami-Amour.

Ami-Amour only ensures the secure transmission of the information necessary for processing the payment.

Article 12 – Complaints and consumer mediation

12.1. Prior complaint. In the event of any difficulty, the customer is invited to contact AMI-AMOUR's customer service first, in writing, at contact@ami-amour.fr or by post to the registered office address stated in Article 1. AMI-AMOUR endeavours to respond to any complaint within fifteen (15) working days.

12.2. Consumer mediation. In accordance with Articles L612-1 et seq. of the French Consumer Code, any consumer customer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any dispute with AMI-AMOUR, after first submitting a written complaint to our customer service, made less than one year previously, which has proved unsuccessful or unsatisfactory.

The contact details of the competent consumer mediator will be published in this section before sales open and are also set out in the legal notice of the website.

The mediator may only be contacted if the prior written complaint to AMI-AMOUR has been made. The solution proposed by the mediator is not binding on the parties, who remain free to bring the matter before the competent courts.

Article 13 – Force majeure

Neither party may be held liable in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 14 – Applicable law and jurisdiction

This contract is governed by French law.

The consumer may bring proceedings before the court of the place where the company's registered office is located, in accordance with the applicable legal rules.