Article 1 – Completeness
The present general conditions of sale express the entirety of the obligations of the parties. The buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
They are available on the website www.alphonseetmoi.com and will prevail, if necessary, over any other version or any other contradictory document.
ALPHONSE and the buyer agree that these general sales conditions exclusively govern their relationship.
ALPHONSE reserves the right to modify its general conditions of sale from time to time.
These will apply as soon as they are posted on the website www.alphonseetmoi.fr as identified above.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
Article 2 – Content
The purpose of these general conditions of sale is to define the rights and obligations of each of the parties in the context of the online sale of goods offered by ALPHONSE to the purchaser, through the website www.alphonseetmoi.com.
The present general conditions of sale only concern purchases made by buyers located in France and delivered exclusively on French territory.
For deliveries outside France, please send an email to contact@alphonseetmoi.fr.
These purchases include furniture, lighting and concrete decoration.
The buyer declares that he/she has read and accepted these general terms and conditions of sale before making an immediate purchase or placing an order.
In this respect, they are enforceable against him in accordance with the provisions of Article 1119 of the Civil Code.
Article 3 – Pre-contractual information
§ 3.1 The buyer acknowledges having been informed, prior to placing his/her order and concluding the contract, of the general terms and conditions of sale and of all the information provided for in Article L. 221-5 of the Consumer Code.in a legible and comprehensible manner.
§ 3.2 The following information shall be provided to the buyer in a clear and comprehensible manner:
- The essential characteristics of the good or service
- The price of the good or service
- In the absence of immediate performance of the contract, the date or period within which the provider undertakes to deliver the goods or perform the service, irrespective of its price
- Information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions
§3.3 ALPHONSE provides the buyer with the following information:
- its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address
- the terms of payment, delivery and execution of the contract and the terms for handling complaints by ALPHONSE
- its termination in the case of an open-ended contract.
Article 4 – The order
The buyer can place an order online, from the online catalogue and by means of the form integrated into it, for any product and within the limits of available stocks.
The buyer will be informed by e-mail, if necessary, of the unavailability of an ordered product.
The buyer who wishes to place an order for one or more products on the www.alphonseetmoi.com website must comply with the following process:
- The buyer selects the product(s) he wishes to purchase by clicking on the “add to basket” icon. The buyer must first check the availability of the product(s) as well as the geographical area of delivery. After having checked his selection, he must validate the choice of the selected product(s) by clicking on the “view basket” icon.
- If the buyer has ordered from www.alphonseetmoi.com before, he/she should check the billing and delivery information he/she provided when placing the first order.
- If the buyer is ordering for the first time, he/she must fill in the billing and delivery information form as well as all the mandatory fields marked with an asterisk (*).
- The shipping costs are then indicated to the buyer, who must then click on the “validate the order” icon to continue with the order.
- The buyer must then read and accept these General Terms and Conditions of Sale before proceeding to payment. By clicking on the “order” button to confirm the order, the buyer acknowledges having read, understood and accepted the General Terms and Conditions of Sale without limitation or condition.
The sale will be considered final after the seller has sent an e-mail to the buyer confirming acceptance of the order and after ALPHONSE has received the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale.
In case of non-payment, wrong address or any other problem on the buyer’s account, ALPHONSE reserves the right to block the order until the said problem is resolved.
For any question relating to the follow-up of an order, the buyer may contact ALPHONSE by e-mail at contact@alphonseetmoi.fr.
Article 5 – Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order shall constitute proof of the buyer’s agreement, of the payability of the sums due under the purchase order, signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this use is noted, to contact ALPHONSE by e-mail at contact@alphonseetmoi.fr.
Article 6 – Order confirmation
When the order is finalised, ALPHONSE confirms the order to the buyer by sending a summary email.
Article 7 – Proof of the transaction
The computerised registers, kept in ALPHONSE’s computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 – Product information
The products governed by these general terms and conditions of sale are those listed on the website www.alphonseetmoi.com.
These are offered while stocks last.
The products are described and presented as accurately as possible. Nevertheless, ALPHONSE cannot be held responsible for any errors or omissions in the presentation of these products.
The photographs of the products are presented for information only and are not contractual.
Article 9 – Prices
ALPHONSE reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated.
The prices take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the products on the website www.alphonseetmoi.com.
Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
The price is payable in full and in one instalment when ordering.
Article 10 – Method of payment
This is an order with a payment obligation, the placing of which implies payment by the buyer.
To pay, the buyer has the choice of all the payment methods offered by ALPHONSE and listed on the website www.alphonseetmoi.com.
The buyer guarantees ALPHONSE that he/she has the necessary authorisations to use the method of payment he/she chooses when validating the order form.
ALPHONSE may suspend all order processing and delivery in the event of refusal to authorise payment by credit card by officially accredited organisations or in the event of non-payment.
ALPHONSE may refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is in progress. In this context, the buyer may be asked to send a copy of an identity document and proof of address by e-mail to contact@alphonseetmoi.fr. The order will only be validated after ALPHONSE has received and verified the documents sent.
Payments made by the buyer will be considered as final only after effective collection of the sums due by ALPHONSE.
Article 11 – Availability of products – Refund – Resolution
Except in cases of force majeure or when the online shop on the website www.alphonseetmoi.com is closed, the delivery times will be, within the limits of available stocks, those indicated below.
These deadlines run from the date of registration of the order indicated on the order confirmation e-mail.
For deliveries in mainland France, the deadline is 18 working days from the day following that on which the buyer placed the order.
In the event of non-compliance with the agreed delivery date or deadline, the purchaser may, prior to termination of the contract, enjoin ALPHONSE by registered letter with acknowledgement of receipt to execute it within a reasonable additional period.
If the said contract has not been fulfilled by the end of this additional period, the buyer may freely cancel the contract by registered letter with acknowledgement of receipt.
The contract shall be deemed to be terminated upon receipt by ALPHONSE of the said letter, unless ALPHONSE has performed the contract in the meantime. The buyer may however immediately cancel the contract, if the above-mentioned dates or deadlines constitute an essential condition of the contract for him.
Therefore, when the contract is terminated, ALPHONSE must reimburse the buyer for all sums paid, at the latest within 30 days of the date on which the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, where the trader has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
- of the legal interest rate if the reimbursement is made at the latest 10 days after the expiry of the 14-day period stated above,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- by 50% between 60 and 90 days,
- and an additional five percentage points for each further month of delay up to the price of the product, then the legal interest rate.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer may, at his or her discretion, request either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 12 – Delivery terms
Delivery is understood to be the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by ALPHONSE’s bank.
The buyer is responsible for receiving the goods on working days (excluding Saturdays, Sundays and public holidays). The delivery address may be different from the buyer’s home address.
In any case, it is the buyer’s responsibility to ensure the accessibility conditions of the place, floor or room of delivery and to inform the carrier when making the appointment. If the delivery could not be made, due to the buyer’s failure to inform the carrier beforehand, ALPHONSE cannot be held responsible and the costs related to any new delivery will be charged to the buyer.
Any new delivery resulting from an error concerning the information necessary for delivery such as the delivery address, the place of delivery, the accessibility of the place, the telephone number for making an appointment and/or the absence of the buyer at the fixed appointment, will be charged to the buyer. Furthermore, if necessary, ALPHONSE reserves the right to cancel the order.
The products ordered are delivered as follows: —–
The products are delivered to the address indicated by the buyer on the order form.
Any parcel returned to ALPHONSE because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.
The buyer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the letterbox, which will allow the buyer to collect the parcel at the place and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…).
This verification shall be deemed to have been carried out when the buyer or a person authorised by him has signed the delivery note.
The buyer will have to confirm by registered mail his reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by e-mail to contact@alphonseetmoi.fr or simple mail to the address indicated in the legal mentions of the Internet site www.alphonseetmoi.com.
If the products must be returned to ALPHONSE, they will be the subject of a return request to the latter within 7 days of delivery.
Any claim formulated outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
ALPHONSE shall not be held responsible for any delay in delivery. Nevertheless, the buyer shall have the possibility of cancelling the order and being reimbursed if the delivery time announced in the product sheet is exceeded by more than 7 working days.
Article 13 – Delivery errors
The buyer must make any claim to the seller on the day of delivery or at the latest on the first working day following delivery, relating to a delivery error and/or the non-conformity of the products in kind or in quality compared to the indications on the order form.
Any claim made after this period will be rejected by ALPHONSE.
The complaint can be made by e-mail to contact@alphonseetmoi.fr.
Any claim that does not respect these rules and deadlines cannot be taken into account and will release ALPHONSE from any responsibility towards the buyer.
Upon receipt of the claim, ALPHONSE will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer.
A product can only be exchanged after the number has been assigned.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to ALPHONSE as a whole and in its original packaging, by registered Colissimo, to the following address ALPHONSE
2, rue de Bitche
67000 Strasbourg
ALPHONSE is responsible for the cost of returning the goods.
Article 14 – Transfer of risk
The transfer of ownership and the related risk of loss and deterioration will only take place after full payment of the price by the buyer, regardless of the delivery date.
ALPHONSE is relieved of the delivery which is entrusted to an independent carrier.
The buyer must provide the carrier with the delivery address.
Delivery shall be deemed to have taken place as soon as ALPHONSE has handed over the ordered products to the carrier.
Under these conditions, the buyer has no warranty claims against ALPHONSE in the event of failure to deliver the goods transported.
Article 15 – Product warranty
ALPHONSE is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects of the thing sold as defined in Articles 1641 et seq.
In case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer may choose between repairing or replacing the goods, subject to the costs provided for in Article L. 217-17 of the Consumer Code
- the buyer is exempt from proving the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods.
In addition, it is recalled that :
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
ALPHONSE shall not be held liable in the following cases:
in case of misuse, negligence or lack of maintenance on the part of the purchaser, as well as in case of normal wear and tear of the product, accident or force majeure.
ALPHONSE’s guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Article 16 – Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the cost of return.
The products must be returned in their original packaging and in perfect condition within 7 days following notification to ALPHONSE of the buyer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be sold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal can be exercised online on the website www.alphonseetmoi.com using the withdrawal form available on the said site. An acknowledgement of receipt will then be sent to the buyer by e-mail.
If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs will be refunded to the buyer.
The buyer is responsible for the costs of returning the goods.
The exchange (subject to availability) or reimbursement will be made within 14 days of receipt by ALPHONSE of the products returned by the buyer under the above conditions.
Article 17 – Force majeure
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be deemed to be grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking such circumstances must immediately notify the other party of their occurrence and disappearance.
The parties shall consult each other to examine the impact of the event and agree on the conditions under which the contract shall be continued. If the force majeure event lasts longer than three months, these general terms and conditions of sale may be terminated by the injured party.
Article 18 – Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 19 – Data protection
The nominative data provided by the purchaser are necessary for the processing of his/her order and for the establishment of invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website www.alphonseetmoi.com has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her under the conditions and according to the methods defined on the website www.alphonseetmoi.com.
Article 20 – Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
Article 21 – Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 22 – Title
In case of difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
Article 23 – Language of the contract
The present general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 24 – Mediation
The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 25 – Applicable law
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or claim, the buyer shall first contact ALPHONSE to obtain an amicable solution.
ANNEX 1 – Provisions relating to legal guarantees
Reproduction of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code and reproduction of articles 1641 and 1648 of the Civil Code.
ANNEX 2 – Withdrawal form
.
Commandé le (*)/reçu le (*) :
Name of consumer(s):.
Address of consumer(s):.
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.