TERMS AND CONDITIONS
The terms and expressions hereinafter referred to shall mean, when preceded by a capital letter, for the purpose of the interpretation and performance hereof:
"Buyer": any natural person who acts for purposes that are not within the scope of his commercial, industrial, artisanal or liberal activity;
"Order": any commitment to purchase one or more Products by the Buyer made on the Website;
"GTC" means the general terms and conditions of sale which are the subject hereof;
"Delivery Time" means the period between the date of Order Validation and the date of receipt of the Order by Buyer;
"Personal Space": the secure space created by the Buyer, allowing him/her to place Orders for Products, to keep his/her purchase receipts, and to manage his/her personal information;
"Delivery Costs" means all costs incurred by the Company to deliver the Order to the delivery address specified by Buyer;
"Products": The sunglasses and other items offered for sale on the Website;
« Site Internet » : Le site internet édité par la Société AL/GER et accessible depuis l’adresse www.lunettes-alf.com
"Company": The Company AL/GER whose identity is specified in Article 1;
"Validation of the Order": the date on which the Buyer confirms the order via the validation click in accordance with the stipulations set out in Article 2;
References to Articles are references to the Articles of this Agreement, unless otherwise provided.
Any reference to the singular includes the plural and vice versa.
TAny reference to one gender includes the other gender.
LEGAL NOTICE AND SCOPE OF APPLICATION
The Internet Site is published by the Company AL/GER, SAS with a capital of 5000 euros, registered in the Paris Trade and Companies Register under the number 829 187 855 and whose registered office is located at 26 rue Philibert Delorme, 75017 Paris, Siret 829 187 855 00012, Intra-Community VAT No. FR 32829187855 represented by Alexis Bouchara
The Company can be reached by e-mail by clicking on the contact form accessible via the home page of the Website.
The Website is hosted by odoo.
Alexis Bouchara is the director of the publication of the Website and is responsible for its editing.
The Website is freely accessible to all Internet users. Its purpose is the presentation and online sale of Products to Buyers.
ACCEPTANCE OF THE GENERAL CONDITIONS (GTC).
These GTC apply to all sales made through this Website between a Buyer and the Company. The Company reserves the right to modify these GTC at any time by publishing a new version on its Website. The Validation of an Order on the Website implies the acceptance of the GTC by the Buyer. The applicable GTC shall be those in force on the date of the Order Validation. They can be consulted on the Web Site. Prior to the Order Validation, the Company shall ensure that the Buyer's acceptance of the GTC is clear and unconditional by placing a checkbox and a validation click. By doing so, the Buyer :
- declares to have taken knowledge of the whole of the CGV and to accept them without restriction nor reserve,
- acknowledges that he/she has received the necessary advice and information to ensure the suitability of the offer to his/her needs,
- declares that he/she is legally able to contract under French law or validly represents the natural person for whom he/she is contracting,
- recognizes the value of proof of the automatic recording systems of the editor of the present Internet Site and, except for him to bring proof to the contrary, he renounces to dispute them in case of litigation.
The essential characteristics of the Products and their respective prices are made available to the Buyer on the Website. The Products are offered for sale within the limits of their availability. In order to place an Order, the Purchaser may select one or more Products and add them to his/her shopping cart. When the Order is complete, the Buyer can access his/her basket by clicking on the button provided for this purpose. By consulting the shopping cart, the Buyer will be able to check the number and nature of the Products he/she has chosen and will be able to check their unit price as well as the total cost of the Order including the Delivery Costs. He/she will be able to remove one or more Products from his/her basket and to modify the options. This summary will indicate all the Products and services invoiced or offered. It shall also indicate the option available to the Buyer to exercise his/her right of withdrawal as well as the time limit applicable thereto, as also stipulated in Article 8. If the Order is suitable and the Buyer wishes to validate it, the Buyer may click on the "Order" button. The Buyer will then be taken to an identification form where he/she can either enter his/her login details for his/her Personal Space if he/she already has them, or create his/her Personal Space on the Web Site by filling in the form presented to him/her with his/her personal information, as provided for. Once connected to his or her Personal Space (directly or after validation of the form), the Buyer will be invited to check or modify his or her billing and delivery information, to choose a method of payment and then will be invited to make his or her payment by being redirected to the secure payment interface " STRIPE". Once the payment has been received by the Company, the latter undertakes, within a maximum of 24 hours, to
- to acknowledge receipt to the Buyer by electronic means;
- send the Purchaser an e-mail resuming the Sales Order and confirming that it has been processed, including all information concerning the Sales Order, the Products ordered and their delivery.
In case of unavailability of a Product after the Validation of the Order, the Buyer is promptly informed by email and the missing Product is automatically removed from the Order and refunded to the Buyer.
The prices indicated on the Website are in Euros, all taxes included, and do not include the Delivery Costs, the amount of which is specified before the Order Validation. These prices may be modified at any time by the Company without prior notice. The price of the Products is the one displayed on the Website at the time of the Order Validation. The Delivery Costs will be indicated to the Buyer before any payment and will be calculated according to the delivery address. For all deliveries outside Metropolitan France, the Buyer is invited to contact Customer Service.
RETENTION OF TITLE CLAUSE
The Products remain the property of the Company until full payment of the price.
The Buyer can pay for his Order by credit card and PayPal. Credit cards accepted are those of the Carte Bleue, Visa, Eurocard / MasterCard networks. By providing his/her credit card information, the Buyer authorizes the Company to debit his/her credit card for the amount corresponding to the price of the Order. To this end, the Purchaser confirms that he/she is the holder of the credit card to be debited and that the name appearing on the credit card is indeed his/her own. The Purchaser shall provide the sixteen digits and the expiry date of his/her credit card as well as, if applicable, the visual cryptogram numbers. The price of the transaction is immediately debited from the Purchaser's credit card after verification of the card's data, upon receipt of the debit authorization from the issuer of the credit card used by the Purchaser. In the event that it is impossible to debit the price, the sale shall be immediately terminated by operation of law and the Order shall be cancelled. However, in accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable and shall be deemed to be payment of the sums incurred for the delivery of the Product(s) ordered in the event that these costs have been incurred. In the event of fraudulent use of his or her bank card, the Buyer is invited to contact the Customer Service Department under the conditions provided for in Article 8.
The deliveries are ensured by the services of the Post office in followed parcel in Metropolitan France only. For all deliveries outside Metropolitan France, the Buyer is invited to contact Customer Service under the conditions provided in Article 8.
- Delivery Method: Orders are delivered in Metropolitan France by La Poste and its partners.
- Delivery Address: Buyer shall choose a delivery address, failing which the Order shall be rejected. The Buyer shall be solely responsible for any failure to deliver due to a lack of information in the delivery address indicated in the Order. The Buyer authorizes the Company to communicate its identity and the delivery address to the French Post Office and/or its Partners.
- Delivery time: Orders are shipped within fifteen (15) business days after receipt of payment. Some Products may nevertheless require a longer delivery time. In this case, this will be mentioned to the Buyer's attention when validating the Order.
- If the delivered Products do not correspond to the Order, the Buyer may contact Customer Service under the conditions set forth in Article 8. In this case, the cost of return shall be borne by the Company.
- Damage and partial loss: In accordance with Article L 133-3 of the French Commercial Code, receipt of the Order shall extinguish any action against the carrier for damage or partial loss if, within three (3) days, not including holidays, following receipt of the Order, the Buyer has not notified the carrier by registered letter of its justified protest. A copy of this letter must also be sent by the Buyer to the Company by registered letter. Where applicable, the provisions of Article 14 of these GTC shall apply.
CONSUMER RIGHTS PROVISIONS
- Customer service: it is accessible by mail firstname.lastname@example.org or by post to the Company's registered office: AL/GER SAS, 26 rue Philibert Delorme, 75017 Paris. The Company undertakes to provide a response within five (5) working days of receipt of the request.
- Right of withdrawal: in accordance with the legislation in force, the Purchaser shall have a period of fourteen (14) days from the date of receipt of the Order to request an exchange or refund, without having to give reasons for his decision. In order to exercise this right, the Customer shall return (at his/her own expense) the Product(s) to the address of the Company's headquarters: AL/GER SAS 26 rue Philibert Delorme 75017 Paris, together with a letter requesting either a refund or an exchange. The right of withdrawal shall be exercised without penalty. The Product(s) must be returned in their original packaging, in their original condition, new and unworn. The Buyer will be able to follow his request for refund or exchange via his personal space.
- DELIVERY DELAY: Any delay in delivery of more than seven (7) days may result in the termination of the sale at the initiative of the Buyer, upon written request by the Buyer, sent by registered letter with acknowledgment of receipt. The Buyer shall then be reimbursed for the sums incurred by him/her during the Order. This clause shall not apply if the delay in delivery is due to a case of force majeure beyond the Company's control. In such a case, the Buyer agrees not to take any legal action against the Company and waives the right to terminate the sale as provided in this Article.
All Products sold on the Web Site are marketed in compliance with the legislative and regulatory provisions in force and benefit from all the approvals necessary for their marketing. The compulsory displays required by the legislative and regulatory provisions in force shall be made on the Web Site and in particular in the summary estimate of the Order and the description sheet of each Product. In the event of a defect in a purchased Product, the Buyer shall have, in accordance with the provisions of the Civil Code concerning the legal guarantee against hidden defects, a period of two years from the date of discovery of the defect to request an exchange or refund. In addition, in the event of non-conformity of the Product within the meaning of Article L.211-5 of the Consumer Code, the Buyer has a period of two years from the date of receipt of said Product to request an exchange or refund. In order to exercise one of these rights, it is up to him to return the parcel to the address of the head office of the Company: AL/GER SAS 26 rue Philibert Delorme 75017 Paris, accompanied by an explanatory letter requesting either the refund, or the exchange. The cost of returning the parcel, in the latter case only, shall then be reimbursed to the Purchaser by bank cheque or bank transfer, within a maximum period of thirty (30) days. In addition to the warranty against hidden defects defined by the French Civil Code and the warranty of good conformity imposed by Article L211-5 of the French Consumer Code, which are, where applicable, still applicable and which are defined above, the Products purchased on the Web Site benefit from a conventional warranty offered by the Company, the duration of which is one (1) year as of the date of Validation of the Order. Since a latent defect is a defect in a thing which, under normal conditions of use, renders it unfit for the purpose for which it was intended, and since the obligation of conformity is understood to mean the delivery of the contractually agreed thing, the Company shall not be liable, even under the conventional warranty, for normal wear and tear of the Products, accidental damage or damage resulting from abnormal use of the Products.
The creation of a Personal Space is a prerequisite to any Order placed by an Internet user on this Web Site. To this end, the Purchaser will be asked to provide a certain amount of personal information. The Purchaser undertakes to provide accurate information and not to impersonate any third party, nor to change his/her age. Only the information marked with an asterisk is mandatory in order to allow the creation of the Personal Space and the placing of an order by the Buyer. When creating the Personal Space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the "my account" section and the Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Website cannot be held responsible for unauthorized access to the account of an Internet user. This space allows the Buyer to consult all his Orders made on the Web Site, and also allows him, if necessary, to follow the delivery of the Products purchased.
NEWSLETTERS (INFORMATION LETTER)
By checking the box provided for this purpose or by expressly agreeing to this, the Buyer accepts that the Company and/or its partners may send him/her, at a frequency and in a form determined by themselves, a newsletter that may include information relating to their activities. Subscribing members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter. The Company shall in no way be held responsible for the content, data or form of the newsletters sent by the said partners, regardless of the prejudice suffered by the Buyer. Any claim must be made directly to the issuer of the newsletter.
INFORMATION ON THE COLLECTION OF COOKIES
EXEMPTIONS FROM THE COMPANY'S LIABILITY IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT
In the event of inability to access the Web Site due to technical problems or any other reason, the Buyer shall not be entitled to claim any damages or compensation. By express agreement between the parties, the Buyer acknowledges that the Company will only be able to perform the obligations undertaken at the time of Order Validation once the Company has in its possession all the required elements requested during the Order process. In the event of delivery of an obviously and visibly damaged package, it is the responsibility of the Buyer to refuse it in order to benefit from the guarantee offered by the carrier, as defined in Article 7 of these GCS. The Buyer must also inform the Company without delay, so that a new package can be prepared and sent upon receipt of the damaged package. In such a case, the delivery times indicated above in these GTC will no longer apply. The unavailability, even prolonged and without any limitative duration, of one or several Products, cannot be constitutive of a prejudice for the Buyer and cannot in any way give rise to the granting of damages by the Company. The visual representations of the Products, published on this Website, are guaranteed to be faithful to reality, in order to satisfy its obligation of information. However, given the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences cannot in any case be attributed to the Company, which cannot be held responsible in any way. The hypertext links present on the present Internet Site may refer to other Internet sites and the responsibility of the editor of the present Internet Site cannot be engaged if the content of these sites contravenes the legislations in force. Likewise, the responsibility of the editor of the present Internet Site cannot be engaged if the visit, by the Internet user, of one of these sites, would cause him a prejudice.
INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The performance of the Company's obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure which would prevent performance. The Company shall notify the Buyer of the occurrence of such an event as soon as possible.
INVALIDITY AND AMENDMENT OF THE GCV
If one of the stipulations of the present GTC is cancelled, this nullity will not entail the nullity of the other stipulations which will remain in force. In accordance with the provisions of Article 2 of the GTC, the Company reserves the right to modify these GTC at any time by publishing a new version on its Website. Any contractual modification subsequent to the Order Validation shall not be binding on the Buyer.
APPLICABLE LAW AND COMPETENT COURTS
All clauses contained in these GTC, as well as all operations referred to herein, shall be governed by French law. For any claim related to the use of the Web Site, its content, the Orders, and more generally for any dispute related to the present GTC, the Buyer may contact the Customer Service in accordance with the stipulations of Article 8 of the GTC. In the absence of an amicable settlement, any dispute relating to the purchase of Products made on the Web Site or more generally in connection with the use of the Web Site shall be submitted to the French courts, regardless of the place of residence of the Purchaser and/or the place where the Product Order was placed.