Terms of service
Date of publication: 16/03/2025
ARTICLE 1 - SCOPE
These general conditions of sale (the "Conditions") are applicable to the sale to the consumer customer (the "Customer") of the products (the "Products") presented on the ANOMALIA PARIS online store (the "Online store"). accessible at https://anomaliaparis.com/, with the exception of special orders or made-to-measure products.
The seller of the Products is the company SASU TRY MERRY (the "Seller"), with a capital of 1448000,00 euros, whose registered office is 66 avenue des Champs Élysées 75008 Paris, whose unique identification number is 894 960 137 RCS Paris.
The Seller reserves the right to update the T&Cs at any time. In the event of modification of the GCS, the applicable GCS are those in force on the date of the order and which are available in the order confirmation email.
Given the prestigious nature of the Products, they are sold through a selective distribution network. Consequently, the Products purchased via the Online Store cannot under any circumstances be distributed or resold.
It is recommended that the Customer read the Conditions carefully before placing any order. By ticking the "I accept" box when placing the order, the Customer accepts the application of the Conditions. The Seller reserves the right to modify the Conditions at any time, without notice, by publishing a new version of them on the Online Store. These modifications will not be applicable to orders placed before the publication of the modified Conditions on the Online Store.
By accepting the Conditions, the Customer certifies that he is of legal age and has the capacity to enter into a contract with the Seller.
ARTICLE 2 - ORDERS
The Products offered for sale by the Seller are those presented on the Online Store on the day the Customer consults the Online Store, within the limits of available stocks and according to the conditions of sale, in particular prices, specified on the Online Store.
The Seller reserves the right to modify at any time and without notice the Products presented for sale on the Online Store as well as the conditions of sale of the Products.
The Customer can create an account on the Online Store by providing their details and accepting their use for sending marketing information and participating in special promotions.
Registration on the Online Store is not mandatory and the Customer can make a purchase in "Guest" mode, without registration.
Ordering Products follows the following process:
(i) The Customer must select one or more Product(s) offered on the Online Store.
The Customer then clicks on the "Add to cart" button, which appears next to each Product viewed.
By clicking on "View basket", the Customer can view the items added to his basket and remove or add them at any time.
On the page relating to his basket, the Customer may be invited, before finalizing his order, to choose 2 free samples (2ml format) from those offered by the Seller in the drop-down list. In the event of unavailability of the requested samples, the latter may be replaced by the Seller.
The Customer then has the option of adding a gift message to his shipment.
By validating his basket (“finalize order” button), the Customer initiates the ordering process. It is up to the Customer to check the virtual basket and modify, if necessary, the contents of this basket and/or the quantities desired for each Product.
When placing an order, the Customer must provide a certain amount of information, in particular his contact details and information concerning his means of payment (e.g. credit card number), it being specified that the Customer has the right to register on the list of opposition to canvassing (Bloctel).
(ii) The Customer must indicate his delivery address, phone and e-mail.
(iii) A summary of the order will be displayed specifying in particular the essential characteristics of the Products, the quantity and the price of the Products, the delivery costs and the total amount of the order (delivery costs included).
The Customer is invited to check his order as well as his delivery and billing address, and if necessary, correct any errors or modify it.
(iv) The Customer is then invited to pay for the order by credit card (Carte Bleue, Visa, Master Card or Amex) or PayPal
(v) The Customer receives an order confirmation by e-mail. The Customer must make sure to keep the order number and the date thereof.
In the event that the Customer detects an error in the processing of his order or in his contact details, he must contact the Seller at the address client@anomaliaparis.com as soon as possible.
The Seller reserves the right to refuse an order for legitimate reasons, in particular if the Product is unavailable or in the event of an abnormal order. An order is considered abnormal when the Customer buys more than 6 Products of the same reference.
ARTICLE 3 - SHIPMENT OF THE ORDER
It is reminded that the order will only be dispatched once the method of payment has been verified and the Customer's credit card has been authorised to be debited.
The order will be processed within 2-3 working days and a maximum of thirty (30) days from the day following the day on which the Customer placed the order, subject to full payment of the price.
Once the order has been prepared, it will be sent to the postal address provided by the Customer as the delivery address when placing the order, it being specified that the address may not be a post office box, a poste restante, a non-fixed address or domicile (i.e. and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed place of residence) or a collective place where an individual address cannot be clearly and durably attributed to a physical person
The Products are delivered to the Customer according to the mode selected, within the deadlines indicated by the Seller when ordering and, in any event, within 30 days of confirmation of the order. If the Products are not available within the time indicated, the Seller will inform the Customer using the contact details provided during the ordering process in order to allow him to cancel the order if he wishes.
If the Products are not available in the quantity ordered, the Seller will inform the Customer using the contact details provided during the ordering process and will offer to receive the quantity available only, to cancel the order for the surplus or to cancel the whole order
The delivery of orders is entrusted to transport providers, chosen by the Seller. The Customer hereby agrees to receive information on the delivery of the Products directly from these service providers.
As the delivery is carried out by a third party service provider, the Customer is informed that The Seller cannot be held responsible in any way if the non-performance or poor performance of this obligation is attributable to the Customer or to the unforeseeable or insurmountable act of a third party to the contract or to an event of force majeure.
The Products purchased will be delivered within the following average times: 2 to 5 working days from dispatch for France, up to 3 weeks depending on the country/region.
Delivery is made when the Products have been delivered to the address selected during the ordering process. If no one is available at the address to take delivery, reasonable steps will be taken to attempt to effect delivery. To do this, the Customer agrees to receive information on the rearrangement of the delivery of the Products from the transport provider. If the Customer does not rearrange delivery or collect the Products within the time allowed, the Seller will contact the Customer for further instructions and may charge the Customer storage costs and redelivery costs at the then current rate.
It is the Customer's responsibility to check immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) shipped, as well as the condition of the packaging.
In the event of delay, breakage or shortage, the Customer must express complete and precise reservations on the delivery slip upon receipt. In any event, the Customer may only take recourse against the carrier to whom he must express his reservations. Any reservations must be confirmed by registered letter to the carrier within three (3) days of receipt.
Any such reservations must also be notified to the following address: client@anomaliaparis.com
If the order or the missing Product(s) has not been delivered after the stated delivery date, for any reason other than force majeure, the Customer should write to Anomalia Paris at client@anomaliaparis.com
If the delivery is not carried out within a reasonable additional period, the Customer may cancel the contract by exercising his right of withdrawal, as described in Article 5.
It is recalled that, pursuant to Article L. 216-3 of the French Consumer Code, any risk of loss or damage to the Products is transferred to the Customer at the time when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these Products.
It is recalled that under Article L.216-3 of the Consumer Code, any risk of loss or damage to the Products is transferred to the Customer when the latter or a third party designated by him, and other that the carrier proposed by the professional takes physical possession of these Products.
ARTICLE 4 - PRICE AND PAYMENT
The price of the Products is indicated on the Online Shop and confirmed during the ordering process. All prices on the Online Store are displayed in Euros, VAT included, but excluding delivery costs (these will be added to the price of the Products and detailed before the Customer confirms his order).
The Customer acknowledges that he may, depending on the place of delivery chosen at the time of the order, have to pay customs and/or import duties according to the local legislation in force.
Although the Seller endeavors to ensure that all prices displayed on the Online Shop are accurate, errors may occur (eg due to technical reasons, such as network failures, transmission errors, etc. .). If the Seller discovers an error in the price of the Products ordered, he will inform the Customer as soon as possible and give him the possibility of reconfirming the order at the corrected price or of canceling it.
The Customer can pay for his order by credit card. Payment of the price of the Products is made upon confirmation of the order. The Products are shipped after receipt of payment by the Seller.
By placing an order on the Online Shop, the Customer warrants that the payment information provided is valid and correct and that he is authorized to use the payment method chosen.
The Seller retains full ownership of the Product until the final collection of the full price. In the event that, for any reason whatsoever (exceeding the order ceiling, opposition, refusal of the issuing center to authorize payment, etc.), the debiting of the sums owed by the Customer proves impossible, the order will not be registered by the Seller who will immediately inform the Customer by e-mail.
ARTICLE 5 - RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 and following of the Consumer Code, the Customer has a right of withdrawal within 14 days of receipt or collection of the Product by the Customer.
To exercise this right of withdrawal, the Customer must inform the Seller of his decision to withdraw by a clear and written statement sent no later than the 14thday following receipt or withdrawal of the Product. The Customer may use the model withdrawal form in appendix 1 attached, without the use of this model being mandatory. The Customer must also return the Product to the Seller accompanied by a copy of the order confirmation (received by e-mail after the purchase) within 14 days of the communication of his decision to withdraw, the return costs being on client fee.
If the price of the Product has already been paid, including the standard delivery costs, the Seller undertakes to reimburse the Customer no later than 14 days after receipt of the declaration of withdrawal, subject to the return of the Product concerned. If the Product is not returned within this period, the Seller may defer reimbursement until the Product is recovered or until the Customer provides proof of shipment of the Product, the date chosen being that of the first of these events. .
In the event of partial return of Products, only the price of the returned Products will be reimbursed by the Seller and not the delivery costs, insofar as the Customer has benefited from the delivery service for the Products kept and that the delivery rates do not do not change according to the volume ordered.
The return of the Product within the framework of the exercise of the right of withdrawal is carried out in accordance with article 10 of the Conditions.
ARTICLE 6 - INSPECTION
Upon receipt of the Product, it is the Customer's responsibility to inspect it in order to check whether it has been damaged during transport or whether it has an apparent defect.
In any event, the Customer may only take recourse against the carrier to whom he must express his reservations. Any damage or defect found must be mentioned on the delivery note or notified to the carrier by registered letter with acknowledgment of receipt within three days of receipt of The Product, in accordance with article L.133-3 of the Commercial Code, and notified to the Seller without delay at the e-mail address client@anomaliaparis.com, without prejudice to the Customer's right to subsequently issue a complaint about the conformity of the Product within the period of the legal guarantee of conformity.
ARTICLE 7 - GUARANTEE
The Seller is liable for any lack of conformity relating to the Products sold to the consumer Customer. It is recalled that within the framework of the legal guarantee of conformity:
(vi) The Seller is liable for defects of conformity existing at the time of delivery of the Product
(vii) The Customer can choose between repairing or replacing the Products, subject to the cost conditions provided for in article L.217-12 of the consumer code.
(viii) The Customer is exempted from providing proof of the existence of the lack of conformity of the Products during this period.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired good or of substitution ;
4° The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the property with a view to its repair or replacement suspends the guarantee which remained to run until the delivery of the restored property.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover ( article L. 241-5 of the consumer code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property.
ARTICLE 8 - LIABILITY
The Seller cannot be held liable for use of the Products that does not comply with their intended purpose.
The Seller does not guarantee that the Online Store will be accessible continuously, without temporary interruption (in particular for maintenance operations), without suspension or without error. In any case, the Seller cannot be held responsible in the event of interruption, delay or impossibility of access resulting from technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever. are beyond his control.
ARTICLE 9 - PROCESSING OF PERSONAL DATA
The Seller, responsible for processing, collects personal data voluntarily left on the Online Shop by Customers when placing an order or when registering. This data is necessary for the Seller to be able to provide the Products sold to Customers (legal basis: performance of a contract). They may also be used by the Seller for commercial solicitations addressed to the Customer.
The recipients of this data are the Seller and the service providers involved in the delivery and after-sales service of the Products. They may also be transmitted to the various appropriate State services to meet a legal obligation.
The Customer has a right of access, rectification, erasure, portability with regard to the data concerning him, a right not to be the subject of an automated individual decision (including profiling ) as well as a right to limit processing, which can be exercised by post to the Seller's headquarters, addressed to the attention of the Data Protection Officer or by e-mail to client@anomaliaparis.com. All requests must be clear, precise, accompanied by a copy of an identity document and made in accordance with the applicable legal framework.
Information about cookies is available on the Online Shop, in the "Legal notices" section.
The data is kept for the time necessary for the execution of the orders and the delivery of the Products, with the exception of the data whose minimum retention period results from a legal or regulatory obligation or from the expiration of a period of prescription.
Complaints department with the CNIL: www.cnil.fr/fr/plaintes or www.cnil.fr._
ARTICLE 10 - RETURN OF PRODUCTS
The Customer wishing to return a Product as part of a replacement or a refund (according to the terms provided for in the Conditions) may contact the Seller using the following contact details: client@anomaliaparis.com.
As far as possible, the Products must be returned in their original packaging but, if this is not possible, the Customer must pack them carefully for transport. The Products must be sent to the following address:
- For Customers located in metropolitan France (including Corsica) or in another country of the European Economic Area and the UK: TRY MERRY, 1125 boulevard Napoléon III 06230 Villefranche-sur-Mer.
In the event of depreciation of a returned Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product, namely manipulations similar to those which can be carried out during a purchase in store, the Seller is entitled to make a deduction from the refund of the price as compensation.
The return of the Products is carried out at the Customer's expense by any means (Colissimo, DHL, Chronopost or any other postal service) with abligatory notice of receipt.
ARTICLE 11 - PROMOTIONS
The Seller may occasionally organize campaigns, promotions or offer other advantages (the "Promotions") in relation to the Products offered on the Online Store.
The validity and conditions applicable to Promotions will, where applicable, be defined in additional conditions and/or documents accessible to the Customer.
Except as otherwise provided in these supplemental documents, the Terms will govern the sale of Products ordered under a Promotion.
ARTICLE 12 - APPLICAPLE LAW/ SETTLEMENT OF DISPUTES
The Conditions are governed by French law, subject to the application of the mandatory national rules of the country of habitual residence of the consumer Customer.
Any dispute relating to the validity and/or the execution of the Conditions, and more generally any dispute relating to the execution of an order for Products on the Online Store, must be submitted to the French courts, which have exclusive jurisdiction to to know. However, the Consumer Customer may refer either to one of the jurisdictions with territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of his place of residence at the time of the conclusion of the contract or that of the place of occurrence of the harmful event.
The consumer Client is informed that he can also have free recourse to a consumer mediator, under the conditions defined in articles L.616-1 et seq. of the consumer code. The mediator to which the Seller reports is [to be completed].
The consumer can also access the online dispute resolution platform set up by the European Commission at the address https://webgate.ec.europa.eu/odr/.
APPENDIX 1 – MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to exercise your right of withdrawal)
For the attention of:
Postal address:
E-mail:
Telephone:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property (*) below:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date :
(*) Strike out the useless mention.
APPENDIX 2 – EXTRACTS FROM THE CONSUMER CODE AND THE CIVIL CODE
Article L.217-3 of the consumer code
The seller delivers goods that comply with the contract and with the criteria set out in article L.217-5.
He responds to defects of conformity existing at the time of delivery of the goods within the meaning of article L.216-1, which appear within a period of two years from this.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for the lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L.217-19.
The seller also responds, during the same periods, for lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer's action is the day of knowledge by the latter of the lack of conformity.
Article L.217-4 of the consumer code
The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
Article 1641 of the civil code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render 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 does not would have given a lesser price, if he had known them.
Article 1648 of the civil code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.