Conditions générales de vente

TERMS AND CONDITIONS OF SALE / NON-BINDING ENGLISH VERSION



ARTICLE 1 – SCOPE 

 THESE TERMS AND CONDITIONS OF SALE (T&CS) APPLY, WITHOUT ANY LIMITATION, TO ALL SALES OF PRODUCT BY ALFIE, SAS A FRENCH LIMITED LIABILITY COMPANY HAVING ITS REGISTERED OFFICE AT 47, RUE DE LILLE, 75007 PARIS, REGISTERED UNDER NUMBER 879 270 494 RCS PARIS (SELLER) TO ANY CUSTOMER OR NON-PROFESSIONAL BUYER (CLIENTS), WHO WISH TO BUY ANY ITEM SOLD BY THE SELLER (PRODUCTS) ON THE WEBSITE WWW.ALFIEPARIS.COM (SELLER’S WEBSITE). THESE T&CS NOTABLY OUTLINE THE PROCESS AND CONDITIONS FOR ORDERS, PAYMENT, AND RETURN OF PRODUCTS ORDERED BY CLIENTS. 

 ANY ORDER PLACED ON THE SELLER’S WEBSITE IS DEEMED AN ACCEPTANCE OF THESE T&CS BY THE CLIENT WITHOUT RESERVES OR LIMITATIONS.

THESE T&CS SHALL PREVAIL OVER ANY OTHER TERMS AND CONDITIONS OF SALE OR OF PURCHASE. HOWEVER, THEY MAY BE SUPPLEMENTED BY PARTICULARS, EITHER DISPLAYED ON THE SELLER’S WEBSITE OR AGREED TO THROUGH NEGOTIATION WITH THE CLIENT, BEFORE ANY TRANSACTION WITH THE CLIENT.

THESE T&CS SHALL BE AVAILABLE AT ANY TIME ON THE SELLER’S WEBSITE. THESE T&CS MAY BE AMENDED FROM TIME TO TIME, HOWEVER THE VERSION APPLICABLE TO THE CLIENT’S PURCHASE SHALL BE THE ONE WHICH WAS IN EFFECT ON THE SELLER’S WEBSITE AT THE TIME THE ORDER IS PLACED.

ARTICLE 2 – PRODUCTS SOLD ON THE SELLER’S WEBSITE

THE PRODUCTS SOLD ON THE SELLER’S WEBSITE ARE READY TO WEAR ITEMS OF CLOTHING AND FASHION ACCESSORIES. THE MAIN FEATURES OF THESE PRODUCTS, INCLUDING FABRIC, COLOR AND DIMENSION OR SIZE AS WELL AS SHIPMENT CONDITIONS, WILL BE DISPLAYED ON THE SELLER’S WEBSITE. 

THE CLIENT SHALL TAKE NOTE OF THESE MAIN FEATURES BEFORE PLACING ANY ORDER. THE CLIENT SHALL BE LIABLE FOR ALL SELECTION AND PURCHASE DECISION OF ANY PRODUCT.

 NONE OF THE PHOTOGRAPHS AND GRAPHIC DESIGNS ON THE SELLER’S WEBSITE ARE BINDING AND NONE OF THEM SHALL CONSTITUTE A GROUND FOR LIABILITY ON THE PART OF THE SELLER.

 CONTRACTUAL INFORMATION WILL BE DISPLAYED IN FRENCH AND SHALL BE SUBJECT TO CONFIRMATION AT THE LATEST WHEN THE CLIENT CONFIRMS THE ORDER. 

THE PRODUCTS SOLD ON THE SELLER’S WEBSITE ARE SOLD IN THE FOLLOWING TERRITORIES:
EUROPEAN UNION, SWITZERLAND, NORWAY, TURKEY,
RUSSIA,
MAROCCO, ALGERIA, TUNISIA,
UNITED-STATES, CANADA,
 JAPAN, CHINA, SOUTH KOREA,
AUSTRALIA,
ARGENTINA, BRAZIL, MEXICO.

FOR ANY SALE OF PRODUCTS OUTSIDE THE ABOVE-MENTIONED TERRITORIES, THE CLIENT MAY REACH OUT TO THE SELLER BY USING THE FOLLOWING EMAIL ADDRESS: CONTACT@ALFIEPARIS.COM. THE SELLER WILL INFORM THE CLIENT OF THE POSSIBILITY OF CARRYING OUT THE REQUESTED SALE AND, IF APPROPRIATE, WILL PROVIDE THE CLIENT WITH THE PARTICULARS WHICH MAY BE APPLICABLE TO THIS SALE AS WELL AS WITH A QUOTATION ON THE SHIPMENT CONDITIONS OF THE PRODUCTS. THE CLIENT SHALL HAVE 72 HOURS FROM SENDING THE QUOTATION TO ACCEPT SUCH QUOTATION. 

 IN THE EVENT OF AN ORDER BEING PLACED OUTSIDE OF METROPOLITAN FRANCE (INCLUDING CORSICA), THE CLIENT IS THE IMPORTER OF THE PRODUCT(S) ORDERED. FOR ALL PRODUCTS SHIPPED EITHER OUTSIDE OF THE EUROPEAN UNION OR TO FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES THE PRICE, ON THE INVOICE SHALL BE CALCULATED WITHOUT TAXES. CUSTOMS DUTY OR OTHER LOCAL TAXES OR IMPORT DUTY OR STATE TAXES MAY BE DUE. THE CLIENT SHALL BEAR AND BE LIABLE FOR ALL THE DUTIES AND TAXES MENTIONED IN THIS PARAGRAPH. 

 

ARTICLE 3 – TERM OF THE OFFER OF PRODUCTS

OFFERS OF PRODUCTS ARE VALID WITHIN THE LIMITS OF AVAILABLE STOCKS, AS STATED AT THE TIME THE ORDER IS PLACED. IN CASE OF STOCK DEPLETION, EITHER (I) A NEW STOCK IS BEING MANUFACTURED AND THE PRODUCT SHALL REMAIN AVAILABLE FOR SALE ON THE SELLER’S WEBSITE WITH AN ADDITIONAL DELAY IN SHIPMENT, OR (II) THE SELLER SHALL MAKE IT IMPOSSIBLE FOR CLIENTS TO PURCHASE THE AFOREMENTIONED PRODUCT ON ITS WEBSITE. DESPITE ALL OF THE PRECAUTIONS TAKEN, IT MIGHT OCCUR, ALTHOUGH VERY RARELY, THAT AN ORDER FOR A PRODUCT IS PLACED WHEN THAT PRODUCT IS NO LONGER AVAILABLE. IN SUCH CIRCUMSTANCES, THE SELLER SHALL NOTIFY THE CLIENT PROMPTLY AND, WHERE APPROPRIATE, REFUND ANY AMOUNT THAT HAS ALREADY BEEN PAID USING THE SAME MEANS OF PAYMENT THAT THE CLIENT USED WHEN PLACING THE ORDER.

 ARTICLE 4 - ORDERS

 4-1. PLACEMENT OF THE ORDER

 THE CLIENT ACKNOWLEDGES HE OR SHE HAS FULL LEGAL CAPACITY TO CONTRACT AND TO PURCHASE THE PRODUCTS DISPLAYED ON THE SELLER’S WEBSITE.

 AFTER THE CLIENT HAS BROWSED THROUGH THE PRODUCTS THAT ARE FOR SALE ON THE SELLER’S WEBSITE, THE CLIENT IS PROMPTED TO ADD ONE OR SEVERAL PRODUCTS TO THE VIRTUAL SHOPPING CART. A SUMMARY OF THE ORDER WILL THEN BE DISPLAYED (PRODUCT REFERENCE, QUANTITIES, UNIT PRICE, PRICE INCLUDING TAXES, SHIPPING FEES AND THE ADDITIONAL TAXES IN CASE OF SHIPPING OUTSIDE OF THE EUROPEAN UNION OR TO THE FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES – ETC.) IN ORDER FOR THE CLIENT TO BE ABLE TO AMEND THE ORDER BEFORE COMPLETING IT. THE SELLER THEN INFORMS THE CLIENT OF THE AUTHORIZED MEANS OF PAYMENT, SHIPMENT CONDITIONS, AND INFORMS THE CLIENT OF THE RIGHT TO RETURN THE PRODUCT ORDERED WITHIN 14 DAYS OF THEIR DELIVERY DATE. 

ONCE THE CLIENT HAS REVIEWED THE ORDER, HE OR SHE WILL BE PROMPTED: (I) TO LOG IN USING HIS OR HER USERNAME AND PASSWORD ON THE SELLER’S WEBSITE OR TO FILL OUT REQUIRED FIELDS IF HE OR SHE DECIDES TO ORDER WITHOUT REGISTERING, (II) TO CHOOSE OR FILL IN THE BILLING AND SHIPPING ADDRESSES, AND (III) TO SELECT SHIPPING CONDITIONS (TIME, METHOD, PRICE…) AMONG SEVERAL OPTIONS. 

LASTLY, THE CLIENT WILL (I) BE INFORMED OF HIS/HER OBLIGATION TO PAY THE ORDER AND THAT THE PERSONAL DATA REQUIRED FOR THE EXECUTION OF THE ORDER AS WELL AS THE T&CS’ ARE COLLECTED BY THE SELLER, (II) CHOOSE ONE OF THE PAYMENT METHODS ALLOWED, (III) ACCEPT WITHOUT RESERVES OR RESTRICTIONS THESE T&CS AND (IV) PAY. THE CLIENT MAY ALSO (V) ELECT TO HAVE HIS OR HER PERSONAL DATA COLLECTED BY THE SELLER ACCORDING TO ARTICLE 11 OF THESE T&CS OR NOT. 

AN EMAIL CONFIRMING THE ESSENTIAL CHARACTERISTICS OF THE CLIENT’S ORDER AND DISPLAYING (OR ALLOWING FOR DOWNLOAD OR PRINTING OF) THE T&CS WILL THEN BE SENT TO THE CLIENT (IF NOT, THE CLIENT IS INVITED TO CONTACT THE SELLER USING THE CONTACT INFO DETAILED IN ARTICLE 1). AT THIS POINT THE SALE IS FINAL.

THE SELLER RESERVES THE RIGHT TO DECLINE ANY ORDER, PROVIDED THAT IT PROVIDES LEGITIMATE REASONS FOR THIS DECISION, INCLUDING WHEN THE QUANTITIES ORDERED ARE ABNORMALLY HIGH FOR A CONSUMER OR IN CASE A CONFLICT AROSE FROM A PREVIOUS ORDER BY THE SAME CLIENT. 

ANY ORDER THAT THE CLIENT PLACED AND CONFIRMED ON THE SELLER’S WEBSITE AND THAT THE SELLER CONFIRMED, AS SET OUT IN THESE T&CS, IS A DISTANCE CONTRACT BETWEEN THE CLIENT AND THE SELLER. IN THE ABSENCE OF ANY EVIDENCE TO THE CONTRARY, THE DATA RECORDED BY THE SELLER’S COMPUTER SYSTEM IS PROOF OF ALL THE TRANSACTIONS BETWEEN THE SELLER AND THE CLIENT. 

4-2. CHANGE TO THE ORDER 

THE CLIENT MAY EDIT THE ORDER WITHIN ONE (1) HOUR FROM RECEIPT OF AN EMAIL FROM THE SELLER CONFIRMING THE ORDER, BY SENDING AN EMAIL TO THE SELLER AT CONTACT@ALFIEPARIS.COM.

THIS EDIT SHALL ONLY BE ABOUT THE COLOR AND/OR SIZE OF THE PRODUCT ORDERED: IT IS NOT POSSIBLE TO DELETE OR TO ADD A PRODUCT TO THE ORDER OR TO EXCHANGE A PRODUCT FOR A DIFFERENT ONE. FURTHERMORE, THE SELLER WILL ONLY AGREE TO THIS EDIT IF IT DOES NOT INCUR ADDITIONAL COSTS AS A RESULT. 

 4-3. CANCELLATION OF THE ORDER 

ONCE THE SELLER CONFIRMS ON AN ORDER, IT MAY NO LONGER BE CANCELLED. HOWEVER, IN ACCORDANCE WITH THE LAW, THE CLIENT HAS A RIGHT OF WITHDRAWAL, TO BE EXERCISED PURSUANT TO ARTICLE 9 OF THESE T&CS. 

ARTICLE 5 - PRICES

THE SELLER RESERVES THE RIGHT TO EDIT THE PRODUCTS’ PRICE AT ANY TIME. THE PRODUCTS ARE SOLD AT THE PRICE DISPLAYED ON THE SELLER’S WEBSITE AT THE TIME THE CLIENT PAYS FOR THE ORDER PLACED. THE PRICES ARE IN EUROS AND INCLUDE ALL FRENCH TAXES (FRENCH VAT AND OTHER APPLICABLE TAXES), EXCLUDING SHIPPING COSTS, WHICH ARE NOTIFIED TO THE CLIENT AT THE TIME THE ORDER IS PLACED, AND EXCLUDING ANY ADDITIONAL TAXES WHICH MIGHT BE PAYABLE IN CASE OF SHIPPING OUTSIDE OF THE EUROPEAN UNION OR TO A FRENCH OVERSEA DEPARTMENT OR TERRITORY. IN THE EVENT OF A CHANGE OF VAT RATE, THE PRICE WILL BE AUTOMATICALLY CHANGED WITHOUT NOTICE EXCEPT FOR THE DUE DATE OF THE NEW RATE. THE PROVISIONS OF THE GENERAL TAX CODE APPLY TO ORDERS THAT ARE EXEMPT FROM VAT. 

THE PRICES TAKE INTO ACCOUNT ANY DISCOUNT AGREED TO BY THE SELLER ON ITS WEBSITE. 

A CLIENT MAY ASK FOR A SPECIAL ORDER, INCLUDING CUSTOMIZATION OF A PRODUCT. THE SELLER WILL THEN PROVIDE A QUOTE TO WHICH THE CLIENT WILL HAVE TO AGREE BEFORE ANY TRANSACTION OCCURS. THE QUOTES PROVIDED BY THE SELLER SHALL BE VALID FOR 72 HOURS AFTER SENDING.

IN ANY CASE, THE SELLER ISSUES AN INVOICE WHICH IS SENT TO THE CLIENT AT THE TIME OF RECEIPT OF THE PRODUCTS ORDERED. 

ARTICLE 6 – PAYMENT TERMS

THE WHOLE PRICE IS DUE FROM THE TIME THE CLIENT PLACES THE ORDER, BY SECURE PAYMENT, ONLINE ONLY AND USING ONE OF THE FOLLOWING:

-      CREDIT CARDS: VISA, MASTERCARD, AMERICAN EXPRESS, OR

-      APPLE PAY.

THE SELLER USES STRIPE AND THE SSL PROTOCOL FOR SECURED TRANSMISSION OF CREDIT CARD NUMBERS. 

THE CLIENT’S PAYMENTS WILL BE CONSIDERED FINAL ONLY AFTER THE SELLER RECEIVES AND COLLECTS THE AMOUNT DUE. 

 IN ADDITION, THE SELLER RESERVES THE RIGHT TO PUT THE SHIPPING OF ANY CLIENT’S CURRENT ORDERS ON HOLD OR TO CANCEL IT IF SUCH CLIENT DOES NOT COMPLY WITH THESE PAYMENT TERMS.

 

ARTICLE 7 – SHIPPING 

THE PRODUCTS ORDERED BY THE CLIENT SHALL BE SHIPPED TO METROPOLITAN FRANCE (INCLUDING CORSICA) WITHIN 3 TO 5 DAYS FROM THE CONFIRMATION OF THE CLIENT’S ORDER BY THE SELLER. THE PRODUCTS ORDERED BY THE CLIENT SHALL BE SHIPPED TO TERRITORIES OUTSIDE OF METROPOLITAN FRANCE (INCLUDING CORSICA) SUCH AS DEFINED BY ARTICLE 2 OF THESE T&CS WITHIN 7 TO 10 DAYS FROM THE CONFIRMATION OF THE CLIENT’S ORDER BY THE SELLER.
THE PRODUCTS WILL BE DELIVERED AT THE ADDRESS SUPPLIED BY THE CLIENT WHEN PLACING THE ORDER. 
THE SELLER UNDERTAKES TO MAKE ITS BEST EFFORTS TO SHIP THE PRODUCTS ORDERED BY THE CLIENT WITHIN THE TIME LIMITS LAID OUT IN THIS ARTICLE. HOWEVER, THESE TIME LIMITS ARE FOR REFERENCE ONLY.  

THE DELIVERY IS THE PHYSICAL TRANSFER OF THE PRODUCT TO THE CLIENT. TRANSFER OF THE RISK OF LOSS AND DETERIORATION OF THE PRODUCTS WILL NOT BE EFFECTIVE UNTIL THE CLIENT PHYSICALLY TAKES POSSESSION OF THE PRODUCTS, REGARDLESS OF WHEN TRANSFER OF OWNERSHIP OF THE PRODUCTS OCCURS. THUS, THE SELLER BEARS THE RISKS DURING SHIPPING OF THE PRODUCTS. IF THE PRODUCTS ORDERED ARE NOT DELIVERED WITHIN 30 DAYS AFTER THE INDICATIVE DATE OF DELIVERY, FOR ANY REASON OTHER THAN FORCE MAJEURE OR THE CLIENT’S DOING,  THE CLIENT MAY CANCEL THE SALE BY SENDING A WRITTEN REQUEST, UNDER THE CONDITIONS PROVIDED FOR IN ARTICLES L.216-2, L.216-3 ET L.241-4 OF THE FRENCH CONSUMER CODE. 

THE CLIENT WILL GET A REFUND OF THE AMOUNT PAID WITHIN FOURTEEN DAYS AFTER TERMINATION OF THE CONTRACT, EXCLUDING ANY DAMAGES OR DEDUCTIONS. IF THE CLIENT HAS A SPECIFIC REQUEST REGARDING THE PACKING OR SHIPPING CONDITIONS OF THE PRODUCT ORDERED THAT THE SELLER AGREED ON, THE COSTS PERTAINING TO SUCH REQUEST WILL BE DETAILED IN A SEPARATE INVOICE, ACCORDING TO A QUOTE THE CLIENT AGREED TO BEFOREHAND. 

 THE CLIENT IS REQUIRED TO VERIFY THE CONDITION OF THE PRODUCTS DELIVERED. THE CLIENT HAS 3 DAYS FROM THE TIME OF THE DELIVERY TO INFORM THE SELLER OF ANY RESERVATION OR CLAIM REGARDING ANY ISSUE IN CONNECTION WITH COMPLIANCE OR APPARENT DAMAGE OF THE PRODUCTS DELIVERED (PACKAGE OPEN OR DAMAGED, PRODUCTS DAMAGED, PRODUCT MISSING OR NON-COMPLIANT WITH THE ORDER, ETC.). ALL PERTINENT EVIDENCE SHALL BE ATTACHED TO THESE RESERVATIONS OR CLAIMS (PHOTOGRAPH, DESCRIPTION OF THE DEFECT, ETC.), BY MAIL AT THE SELLER’S ADDRESS AS SET OUT IN ARTICLE 1 OF THESE T&CS OR VIA EMAIL AT CONTACT@ALFIEPARIS.COM,.

ONCE THAT DEADLINE HAS EXPIRED AND UNLESS THE CLIENT COMPLIED WITH THE ABOVEMENTIONED FORMALITIES, THE PRODUCTS WILL BE DEEMED IN COMPLIANCE WITH THE ORDER AND FREE OF APPARENT DAMAGE AND THE SELLER MAY NO LONGER ACCEPT ANY COMPLAINT REGARDING THOSE PRODUCTS.

THE SELLER SHALL REFUND OR REPLACE THE PRODUCTS DEEMED NON-COMPLIANT OR THAT SHOW APPARENT DAMAGE AS PROVIDED FOR BY ARTICLES L.217-4 AND THE FOLLOWING OF THE FRENCH CONSUMER CODE AND BY ARTICLE 10 OF THESE T&CS. 

ARTICLE 8 – TRANSFER OF OWNERSHIP

TRANSFER OF OWNERSHIP OF THE SELLER’S PRODUCTS TO THE CLIENT WILL OCCUR ONLY ONCE THE CLIENT HAS FULLY PAID THE PRICE OF THE PRODUCTS ORDERED, REGARDLESS OF THE DATE OF DELIVERY FOR THESE PRODUCTS. 

ARTICLE 9 – RIGHT OF WITHDRAWAL

IN ACCORDANCE WITH THE LEGAL PROVISIONS CURRENTLY IN FORCE, THE CLIENT SHALL HAVE FOURTEEN DAYS FROM DELIVERY OF THE PRODUCT TO EXERCISE HIS OR HER RIGHT OF WITHDRAWAL (I.E. TO GET THE PRODUCT EXCHANGED OR TO GET A REFUND), WITHOUT BEING REQUIRED TO GIVE REASONS FOR IT OR TO PAY ANY PENALTY, PROVIDED THAT THE CLIENT RETURNS THE PRODUCTS WITHIN 14 DAYS AFTER NOTIFICATION OF EXERCISE OF THE RIGHT OF WITHDRAWAL TO THE SELLER. THE PRODUCTS SHALL BE RETURNED IN THEIR ORIGINAL CONDITION AND IN FULL (ORIGINAL PACKAGING, LABEL, ACCESSORIES, LEAFLET, ETC.) TO ALLOW FOR THEIR RETURN TO THE MARKET IN A LIKE-NEW CONDITION, ALONG WITH THE PURCHASE INVOICE. PRODUCTS THAT ARE DAMAGED, TAINTED, TO WHICH THE LABEL IS MISSING OR THAT ARE INCOMPLETE WILL NOT BE TAKEN BACK. FURTHERMORE, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE L. 221-28 3° OF THE FRENCH CONSUMER CODE, THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED FOR PRODUCTS TAILORED TO THE CLIENTS SPECIFIC REQUEST OR CLEARLY PERSONALIZED. TO EXERCISE THEIR RIGHT OF WITHDRAWAL, CLIENTS SHALL NOTIFY THEIR DECISION TO WITHDRAW TO THE SELLER IN WRITING (BY REGISTERED MAIL OR EMAIL AT CONTACT@ALFIEPARIS.COM FOR INSTANCE), BY A DECLARATION FREE FROM ANY AMBIGUITY, BEFORE EXPIRY OF THE WITHDRAWAL PERIOD AS SET OUT IN THIS ARTICLE. CLIENT MAY USE THE FORM PROVIDED IN THESE T&CS. THE CLIENTS MAY ALSO GO THROUGH THE PROCEDURE PROVIDED ON THE SELLER’S WEBSITE BY LOGGING INTO THEIR ACCOUNT AND GOING TO THE “RETURN” TAB (A RETURN RECEIPT WILL BE SENT OUT PROMPTLY). 

IF THE CLIENT EXERCISES HIS OR HER RIGHT OF WITHDRAWAL WITHIN THE ABOVEMENTIONED TIME LIMIT, ONLY THE PRICE OF THE PRODUCT(S) WILL BE REFUNDED TO THE CLIENTS, THE SELLER WILL BEAR THE RETURN COSTS FOR ALL ORDERS COMING FROM “FRANCE”; AT THE EXCEPTION OF “EUROPE” AND THE “REST OF THE WORLD” FOR WHICH THE BUYER WILL BEAR THE RETURN COSTS. THE REFUND WILL BE EXECUTED WITHIN 14 DAYS FROM THE DAY OF THE NOTIFICATION TO THE SELLER OF THE DECISION TO WITHDRAW. 

 

ARTICLE 10 – LIABILITY OF THE SELLER - WARRANTY

THE PRODUCTS SOLD ON THE SELLER’S WEBSITE ARE IN COMPLIANCE WITH THE REGULATIONS IN FORCE IN FRANCE AND ARE COMPATIBLE WITH NON-COMMERCIAL USES. 

THE PRODUCTS SOLD BY THE SELLER ARE, IN ACCORDANCE WITH APPLICABLE LAW, WITHOUT ANY ADDITIONAL FEE AND IRRESPECTIVE OF THE RIGHT OF WITHDRAWAL, ENTITLED TO: 

-      THE LEGAL GUARANTEE OF CONFORMITY, FOR PRODUCTS THAT ARE NOT COMPLIANT WITH THE ORDER OR THAT HAVE AN APPARENT DAMAGE (PRODUCT MISSING OR NOT IN COMPLIANCE WITH THE ORDER, PRODUCT VISIBLY DAMAGED AT THE TIME OF DELIVERY, ETC.), IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES L.217-4 AND THE FOLLOWING OF THE FRENCH CONSUMER CODE; AND 

-      THE LEGAL WARRANTY AGAINST HIDDEN DEFECTS CAUSED BY A DEFAULT OF THE MATERIAL USED, OF CONCEPTION OR FABRICATION OF THE PRODUCTS DELIVERED WHICH MAKES THEM UNSUITABLE FOR USE WITHIN THE MEANING OF ARTICLES 1641 AND THE FOLLOWING OF THE FRENCH CIVIL CODE

THE SELLER WILL PROVIDE A REFUND OR REPLACE ANY PRODUCTS THAT ARE UNDER GUARANTEE AND THAT ARE DEEMED NOT COMPLIANT OR FAULTY. 

THE SELLER WILL PROVIDE A REFUND OF THE SHIPPING FEES ON THE BASIS OF THE APPLICABLE FARE AND OF THE RETURN COSTS ON PRESENTATION OF SUPPORTING DOCUMENTS.

 THE SELLER SHALL NOT BE HELD LIABLE FOR BAD USE, PERSONAL USE, NEGLIGENCE OR LACK OF MAINTENANCE ON THE PART OF THE CLIENT, INCLUDING NORMAL WEAR AND TEAR, ACCIDENT OR FORCE MAJEURE. 

 IN ANY EVENT, THE SELLER’S GUARANTEE IS LIMITED TO REPLACING OR REFUNDING THE PRODUCTS DEEMED NOT COMPLIANT OR FAULTY. 

 ARTICLE 11 – PERSONAL DATA PROTECTION 

UNDER ACT 78-17 DATED 6 JANUARY 1978 AS MODIFIED BY ACT N°2018-493 DATED 20 JUNE 2018, THE PERSONAL DATA THAT THE CLIENT IS REQUIRED TO SUBMIT ARE ESSENTIAL TO THE TREATMENT OF THE CLIENT’S ORDER, INCLUDING INVOICING. THESE DATA MAY BE RELEASED TO POTENTIAL BUSINESS PARTNERS OF THE SELLER IN CHARGE OF THE EXECUTION, TREATMENT, MANAGEMENT AND PAYMENT OF ORDERS. 

 THE TREATMENT OF THE INFORMATION RELEASED BY THE INTERMEDIARY OF THE SELLER’S WEBSITE MEETS THE STATUTORY REQUIREMENTS REGARDING PERSONAL DATA PROTECTION AS THE INFORMATION SYSTEM PROVIDES FOR OPTIMUM PROTECTION OF THESE DATA. 
IN ACCORDANCE TO APPLICABLE NATIONAL AND EUROPEAN REGULATIONS, THE CLIENT HOLDS A RIGHT TO PERMANENT ACCESS, TO AMEND, TO RECTIFY, TO REFUSE THE PORTABILITY OF THE INFORMATION IN CONNECTION THEREWITH AND TO LIMIT THEIR TREATMENT. 
THIS RIGHT MAY BE EXERCISED BY MAIL ESTABLISHING ONE’S IDENTITY SENT TO THE SELLER’S ADDRESS AS SET OUT IN ARTICLE 1 OF THESE T&CS.

ARTICLE 12 – INTELLECTUAL PROPERTY 

THE CONTENT OF THE SELLER’S WEBSITE BELONGS TO THE SELLER AND TO ITS BUSINESS PARTNERS AND IS PROTECTED BY INTERNATIONAL AND FRENCH INTELLECTUAL PROPERTY LAW. ANY TOTAL OR PARTIAL REPRODUCTION OF THIS CONTENT IS STRICTLY PROHIBITED AND MAY CONSTITUTE A COUNTERFEITING OFFENSE. 

ARTICLE 13 – APPLICABLE LAW – LANGUAGE

 THESE T&CS AND THE OPERATIONS THAT ARISE FROM THEM ARE GOVERNED BY FRENCH LAW. THESE T&CS ARE IN FRENCH. ONLY THE FRENCH VERSION IS BINDING. 

ARTICLE 14 - DISPUTES

IF A CLIENT HAS A COMPLAINT, HE OR SHE IS INVITED TO CONTACT THE SELLER FIRST, IN WRITING, BY MAIL TO THE SELLER’S ADDRESS AS SET OUT ARTICLE 1 OF THESE T&CS OR VIA EMAIL AT CONTACT@ALFIEPARIS.COM. IF THE SELLER AND THE CLIENT FAIL TO REACH AN AGREEMENT, THE CLIENT MAY CHOOSE TO GO THROUGH A MEDIATION PROCESS, IN ACCORDANCE WITH ARTICLES L.612-1 AND THE FOLLOWING OF THE FRENCH CONSUMER CODE. TO THIS END, THE CLIENT MAY EITHER USE THE EUROPEAN ONLINE DISPUTE RESOLUTION (ODR) PLATFORM AT: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR/MAIN/INDEX.CFM, OR CONTACT THE MEDIATION SERVICE THAT THE SELLER AFFILIATES WITH :

-           VIA EMAIL AT MEDICYS-CONSOMMATION.FR; OR

-           VIA MAIL AT MEDICYS – 73, BOULEVARD DE CLICHY 75009 PARIS.

THE MEDIATOR’S WEBSITE IS: MEDICYS-CONSOMMATION.FR.

ANY DISPUTES THAT MAY ARISE FROM PURCHASES AND SALES MADE PURSUANT TO THESE T&CS, REGARDING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND OUTCOMES AND THAT THE SELLER AND THE CLIENT WERE NOT ABLE TO SOLVE ON THEIR OWN WILL BE SUBMITTED TO THE COMPETENT COURTS ACCORDING TO FRENCH LAW.

 APPENDIX I

 DISPOSITIONS RELATIVES AUX GARANTIES LÉGALES

ARTICLE L217-4 OF THE CONSUMER CODE: « THE SELLER SHALL DELIVER A PRODUCT IN COMPLIANCE WITH THE CONTRACT AND SHALL BE LIABLE FOR ANY COMPLIANCE ISSUE AT THE TIME OF DELIVERY. HE OR SHE SHALL ALSO BE HELD LIABLE FOR COMPLIANCE ISSUES THAT RESULT FROM THE PACKING, FROM THE INSTALLATION INSTRUCTIONS OR FROM THE INSTALLATION WHEN HE OR SHE CONTRACTUALLY BORE THE DUTY TO INSTALL OR WHEN THE PRODUCT WAS INSTALLED UNDER THE SELLER’S RESPONSIBILITY. »

ARTICLE L217-5 OF THE CONSUMER CODE: « THE PRODUCT COMPLIES WITH THE CONTRACT:

1° IF IT IS FIT FOR ANY USE THAT IS USUALLY EXPECTED OF SUCH A PRODUCT AND, WHEN APPLICABLE

-      IF IT MATCHES THE DESCRIPTION THE SELLER GAVE AND PRESENTS THE QUALITIES THE SELLER SHOWED THE BUYER USING A SAMPLE OR A MODEL

-      IF IT HOLDS THE QUALITIES A BUYER MAY LEGITIMATELY EXPECT IT WOULD, GIVEN THE PUBLIC STATEMENTS MADE BY THE SELLER, THE MAKER OR ITS REPRESENTATIVE, INCLUDING IN ADVERTISEMENT OR LABELLING;
2° OR IF IT HAS THE FEATURES THAT THE PARTIES AGREED ON OR IS FIT FOR ANY PARTICULAR PURPOSE THAT THE BUYER EXPECTED, AND THAT THE SELLER KNEW ABOUT AND ACCEPTED.
 »

 ARTICLE L217-12 OF THE CONSUMER CODE: « ALL LEGAL ACTION REGARDING LACK OF CONFORMITY LAPSES AFTER TWO YEARS FROM DELIVERY OF THE PRODUCT. »

ARTICLE L217-16 OF THE CONSUMER CODE:« WHEN THE BUYER ASKS A REHABILITATION OF THE PRODUCT COVERED BY THE WARRANTY FROM THE SELLER, DURING THE VALIDITY PERIOD OF THE COMMERCIAL WARRANTY AGREED TO AT THE TIME OF THE PURCHASE OR REPARATION OF MOVABLE PROPERTY, ANY IMMOBILIZATION OF SEVEN DAYS OR MORE ADDS UP TO THE TIME LEFT ON THE WARRANTY. THIS PERIOD STARTS AT THE TIME THE BUYER REQUESTS THE INTERVENTION OR THAT THE PROPERTY AT ISSUE BE MADE AVAILABLE FOR REPAIR IF THIS OCCURS AFTER THE REQUEST FOR INTERVENTION. »

ARTICLE 1641 OF THE CIVIL CODE: « THE SELLER IS BOUND BY THE WARRANTY WITH REGARDS TO THE SOLD PRODUCTS’ LATENT DEFECTS THAT MAKE IT UNFIT FOR ITS INTENDED PURPOSE OR THAT LESSEN THIS USE SO MUCH SO THAT THE BUYER WOULD NOT HAVE PURCHASED IT, OR WOULD HAVE PURCHASED IT BUT AT A LOWER PRICE, HAD HE OR SHE KNOWN ABOUT THEM. » 

ARTICLE 1648 1ST PARAGRAPH OF THE CIVIL CODE: « ALL LEGAL ACTION ARISING FROM A DECISIVE DEFECT MUST BE INITIATED BY THE BUYER WITHIN TWO YEARS FROM THE DISCOVERY OF THE DEFAULT. »

APPENDIX II

WITHDRAWAL FORM / TRANSLATION ONLY, PLEASE USE THE FRENCH VERSION 

THIS FORM SHALL BE FILLED OUT AND SENT BACK TO THE SELLER ONLY IF THE CLIENT WISHES TO WITHDRAW FROM AN ORDER PLACED ON WWW.ALFIEPARIS.COM UNLESS THE APPLICABLE T&CS PROVIDE FOR EXCLUSIONS OR OTHER LIMITATIONS TO THE EXERCISE OF THIS RIGHT OF WITHDRAWAL

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