Contract type of electronic sales – Terms & Conditions
These general sales conditions concern commercial relations between the company ALPA INDUSTRY registered with the Trade and NICE Companies under 811906429 RCS and anyone with the capacity of consumer within the meaning of the Consumer Code wishing to buy in his shop through the website:
1 Vendor Designation
This site is published by www.alpa-industrie.com Quality Referencemment.
Website address: email@example.com
Name and address of the authority who issued the authorization: Nice Commercial Court
2 General provisions relating to general conditions of sale (hereinafter the GTC)
2.1. Subject of Terms
Terms & conditions apply exclusively to the online sale of products of the company ALPA INDUSTRY ww.alpa-industrie.com on the site, below the site.
2.2. CGV scope of
The Terms exclusively govern the online sale contracts of products the company ALPA ENTERPRISES, following the professional seller to buyers with the quality of consumers (hereinafter, consumers) and make up with the order opposable contractual documents the parties to the exclusion of all other documents, brochures, catalogs or photographs of the products that have an indicative value.
Terms & conditions apply exclusively to products delivered to users in France and / or in a member country of the European Union.
The Terms are written and all contractual information mentioned on the French language site.
2.3. Availability and enforceability of Terms
The Terms are made available to consumers on the seller’s site where they are directly searchable.
The Terms are binding on the consumer who recognizes, by ticking a box provided for that purpose, have been aware of and accepted them before ordering.
The validation of the order confirmation is by its membership by the purchaser to the Terms in effect at the date of the order of conservation and reproduction are performed by the professional seller in accordance with Article 1369-4 of the Civil Code.
2.4. Modification of Terms
Professional seller reserves the right to modify its terms and conditions at any time.
In case of modification of the Terms, the Terms applicable are those in effect on the date of the order, a copy dated to date can be put in her application to the consumer.
2.5. Clauses of the GTC
The nullity of a contractual clause does not invalidate the Terms unless it is an impulsive and decisive clause that led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the GCS by professional seller can not assert waiver of the other provisions of the Terms that continue to have effect.
The products offered for sale listed in the catalog published on the website are each the subject of a description indicating their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
The product from use, if essential, is mentioned in the catalog or on or before delivery.
The products comply with current requirements for safety and health, to fair trading and consumer protection at the time of marketing. The products comply with the requirements of French law in force at the time of marketing.
4.1. Selling price
The sale price, in accordance with Article L. 113-13 of the Consumer Code, are indicated for each of the products listed in the catalog, euros including tax, excluding shipping and transport mentioned before validation of the order and additional cost.
The total amount payable by the consumer is indicated on the order confirmation page.
The proceeds of the sale price is that in force at the date of order.
On promotion by prices, the professional seller undertakes to apply the promotional price to all orders placed during the promotion period.
Professional seller reserves the right to change prices at any time, while ensuring the consumer applying the prices in effect at the date of order.
Online sale of the offers presented on the site are reserved to consumers residing in France and / or in a member country of the European Union and for deliveries in these geographical areas.
Online sale of the offers presented on the site are valid, in particular duration of this indication, as the products listed in the catalog and in the stocks.
The acceptance of the offer by the consumer is validated in accordance with the double-click method, the confirmation of the order.
6.1. Contract concluding steps
To order, the consumer, after filling his shopping cart indicating the selected products and the desired amounts, then click on the button “Order” and provides information on delivery and payment method.
Before clicking on the button “Confirm Order”, the consumer has the opportunity to verify the details of his order and its total price and to return to previous pages to correct any errors or possibly modify the order.
The confirmation of the order implies acceptance of the Terms and form the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
6.2. change order
Any change order by the consumer after confirmation of the order is subject to acceptance of professional sellers.
Professional seller reserves the right to make the ordered product changes linked to technological developments in accordance with Article R. 132-2-1, V of the Consumer Code.
6.3. Validation of the order
Professional seller reserves the right to refuse any order for legitimate reasons and, in particular, if the quantities of products ordered are abnormally high for buyers with quality consumers.
6.4. Unavailability of products ordered
If the products ordered are unavailable to delivery, the professional seller shall immediately inform the consumer and can offer him a product of a quality and an equivalent price.
In case of disagreement, the consumer is reimbursed immediately (or at the latest within thirty days from the payment of the sums paid).
The sales contract is formed at the time of delivery by the consumer of the order confirmation.
7.2. Archiving and evidence
The filing of communications, purchase orders and invoices is made on a reliable and sustainable manner constitute a true and durable copy pursuant to section 1348 of the Civil Code.
These communications, orders and invoices can be produced as proof of the contract.
As of receipt of goods, the consumer has a withdrawal period of seven days to return the products delivered without having to justify or pay a penalty, to the following address ww.alpa-industrie.com
Return shipping costs are the responsibility of the consumer.
To return products, the consumer must first email the ww.alpa-industrie.com professional seller specifying the order number canceled to obtain a return number.
Professional seller agrees to refund the consumer at the latest within thirty days following the date on which the withdrawal right has been exercised, provided that the products are returned in their original packaging, complete in perfect condition and accompanied by the original purchase invoice.
The return of products under the consumer’s responsibility, it is up to him to make the return and recommended follow-up with declaration of the value of the product.
The contract may be canceled by the consumer in case of:
delivery of a product does not conform to the characteristics declared the product;
delivery beyond the deadline in order for products whose value exceeds 500 € as provided in Article 9.1.
of price increase is not justified by a technical modification of the product imposed by the authorities.
In all these cases, the consumer may demand repayment of the deposit paid to the order, plus interest at the legal rate from the date of receipt of the deposit.
The contract may be terminated by the professional seller in case of:
Consumer refusal to take delivery;
non-payment of the price (or the price balance) at the time of delivery.
In all these cases, the deposit paid to the control remains with the seller to as compensation.
8.1. Payment terms
The price is payable in full upon confirmation of the order.
Excluding amounts paid are refunded in case of unavailability of the product ordered in accordance with Article 6-4 of the GTC, any amount paid in advance on the price of the product statutory interest to the expiration of three months from payment to delivery of the product or, failing that, to the restitution of the amount paid for the order.
Payment is due immediately with the order by credit card.
8.2. Secure payment
The site has an online payment security system, enabling customers to encrypt the transmission of its data bank; <Describe the online payment security system, ask the bank concerned>.
8.3. Late payment
Any amount not paid at maturity is productive, without notice, interest at the legal rate.
Professional seller reserves the right, in the absence of payment of the price by the deadline, to demand payment, to suspend delivery or solve the contract of right and retain, as compensation , the down payment with the order.
9.1. Delivery time
Professional seller agrees, in accordance with the delivery date specified on the website for each of the products to deliver the products within 30 days after order receipt.
9.2. Late delivery
The delivery delay of more than seven days and not due to force majeure may result in cancellation of the sale by the consumer, within sixty days from the delivery date, forfeit the order by letter recommended with acknowledgment of receipt, return the appropriate products if they were delivered and the seller will receive at the latest within thirty days of the restitution payment, excluding any compensation.
9.3. Methods of delivery
The products are delivered to the address specified by the customer on the order form.
Any claim of delivery error must be made by the consumer to the professional seller on the same day of the delivery or the first business day following delivery at the latest.
Delivery is made by notice of availability (or by post or by an independent carrier).
In case of delivery by post (or carrier), a delivery note must be signed by the consumer who must check at reception compliance and product packaging condition.
In case of damage or partial loss of the product, the consumer must make to receiving reservations on the delivery slip and a double addressed the professional vendor and, within three days of such receipt, notify these to the carrier by registered letter with acknowledgment of receipt in accordance with Article L. 133-3 of the commercial Code.
9.4. Product Compliance
If the product does not comply with the order, the consumer must send a complaint to the professional seller to obtain a replacement product or possibly the cancellation of the sale.
9.5. Unavailability of products
In case of unavailability of products on delivery, professional vendor can offer, in accordance with Article 6-4 of the GTC, an equivalent product by its quality and price.
9.6. Failure to deliver
The total delivery of defect causes the rightful resolution of the sale contract.
10.1. legal guarantees
All products supplied by professional seller have the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects under Articles 1641 to 1649 of the Code civil.
Under these safeguards, the professional seller undertakes to consumer choice, to refund or exchange defective products or it does not correspond to the order.
Regardless of the commercial guarantee in the next paragraph, the professional seller remains obliged, under Article L. 211-15 of the Consumer Code, the lack of conformity and hidden defects of the product.
legal guarantee of conformity:
. Article L211-4: “The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. “
. Article L211-5: “To comply with the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
– Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
– The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. “
. Article L211-12: “Action resulting from lack of conformity lapses two years after delivery of the goods.”
legal guarantee against hidden defects:
. Article 1641: “The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or would have paid a lower price if he had known. “
. 1648: “The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, in the year following the date on which the seller may be discharged defects or apparent lack of conformity. “
10.2. commercial warranty
The products are sold under the trade guarantee of professional seller and carry a warranty stating the conditions and the implementation modalities of the guarantee.
Professional seller agrees to repair or replace under conditions determined the product if a fault occurs within 8 days after the sale.
Under Article L. 211-16 of the Consumer Code, any period of detention of at least seven days due to repair of the product covered by the warranty is in addition to the duration of the guarantee initially granted.
10.3. After sales service
Claims made under guarantees should be directed by email to customer service mb 10 Impasse Guidotti 06300 Nice
Phone 06 88 89 45 75
Products covered by the guarantees should be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service. The consumer will be reimbursed for return postage at the latest within thirty days of receipt of the product by the seller.
10.4. Clauses on guarantees
Or exculpatory clauses limiting the rights granted to consumers under the legal guarantees which are deemed not written when undertaken before any claim on his part are valid when undertaken after claim under Article L. 211-17 of the consumer Code.
10.4. Applicable law guarantees
French law applicable to the contract under Article 16 of the Terms shall not have the effect of depriving the consumer residing in another Member State of the provisions on guarantees granted to it by its national law in implementation of Council Directive 99/44 / EC of 25 May 1999 on the sale and guarantees of consumer goods.
The liability of the professional vendor can not be held liable for non-performance or improper performance of the contract due either to the fact the buyer or to the fact insurmountable and unpredictable third contract, or to force majeure.
The responsibility of the professional seller can be held liable for non-compliance of the product to the consumer country’s legislation, it belongs to check if the product is not banned from sale in the country.
11.2. Product safety defect
In case of damage caused by a defect of product safety, consumers must seek identifiable product liability based on the information mentioned on the product packaging.
11.3. Penalty clause
In all cases of breach of contract talks consumer, the deposit paid to the control remains with the seller to as compensation.
12 Termination clause
The resolution of the order as provided in these Terms shall be by registered letter with acknowledgment of receipt (or e-letter) and will be acquired automatically without legal formalities.
13 Intellectual property
The items displayed on this site consists of photographs, video, text, drawings and images, which are the exclusive property of the publisher are protected by copyright, trademark law and the right patents.
Any reproduction or dissemination of these elements without prior written permission of the publisher, expose violators to prosecution.
14 Personal data
The collection of personal data, their use under the order processing and customer file creation and dissemination to third parties responsible for the implementation and payment of orders is subject to the consent of the person concerned.
The processing of personal data, which is stored by the publisher for the sole purposes of the proper administration of orders and trade relations, the subject of a declaration to the National Commission and Freedoms.
The consumer has at any time a right of access, modification, rectification and deletion of personal data.
15 Dispute settlement
Any complaints should be addressed to customer service ALPA INDUSTRY 10 IMPASSE GUIDOTTI 06300 NICE
In case of failure of the claim by the customer service or absence of response for this service within two months, the consumer may submit the dispute to the order or these Terms at the opponent professional seller
to a mediator <name, address of the mediator may be an internal ombudsman to the company or the mediator of the professional federation of which the company is a member> which will attempt, independently and impartially, to bring the parties in order to reach an amicable solution.
The contracting parties are free to accept or reject the use of mediation and, if mediation, accept or reject the solution proposed by the Ombudsman.
Where a dispute is brought to the attention of a European Consumer Centre, this body forward it to the European Consumer Centre of professional development of state who handles the case.
The procedure ends with a settlement of a mediator or another competent authority.
15.3. – Jurisdiction
For any dispute relating to the purchase order and these Terms, the competent court will be that of the domicile of the defendant or that of the place of actual delivery of the product.
For any dispute relating to the order or these Terms, the court shall, if the defendant is the consumer, the place of his residence.
16 Applicable law
This Agreement and the Terms and Conditions governing are subject to French law.
The enforcement of the trader may nevertheless be rejected in favor of that of the consumer’s country of law in accordance with Article 6-2 of Regulation No 593/2008 of 17 June 2008 on the law applicable to contractual obligations is taken by Article 17 of Act No. 2004-575 of 21 June 2004 on confidence in the digital economy to the benefit of the french consumer.
According to the regulation, the application of the law of the trader should not deprive consumers residing in another Member State of the protection afforded by the mandatory provisions of the law of the country it must be assumed to be more favorable than that of the trader.
In this case, the foreign consumer who contracted on a French site will demonstrate, for the judge the application of its own law, that the French law is less favorable than that of his country and the law of her country, created a barrier to trade in the internal market, is justified by the protection of consumers.