General conditions of sale applicable on the sitewwww.alisonofkem.com
Effective date: 01/08/2020
These general conditions of sale apply without restriction or reservation to all
online sales offered by the company Alison Ofkem Paris on the websitewww.alisonofkem.com
The Site is an e-commerce platform, which allows Internet users "the Buyers" to acquire pairs of shoes, offered for sale on the Site ("the Products").
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the Site page.
The applicable version of the general conditions is the one that can be viewed online on the Site on the date of the Buyer\'s order, a copy of which is sent to him with his order confirmation.
These general conditions of sale prevail over all other general or specific conditions not expressly approved by ALISON OFKEM.
They may be supplemented, where appropriate, by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. IDENTITY OF THE SELLER AND CONTACT
The Site is operated by ALISON OFKEM PARIS, SAS, registered with the Nanterre RCS under number 884375205, whose head office is located at 69 rue du rouet – 13008 Marseille, which offers the Products for sale.
Alison Ofkem can be contacted at the following coordinates, in particular for any complaint:
Postal address: 69 rue du rouet 13008 Marseille
Phone: +33754570727Email address: email@example.com
3. LEGAL CAPACITY AND ACCEPTANCE OF TERMS AND CONDITIONS
3.1 Legal capacity
The Site is accessible:
- To any natural person having the full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity can only access the Site with the consent of his legal representative.
- To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
3.2 Acceptance of the general conditions
The acceptance of these general conditions by the Buyer is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.
4. REGISTRATION ON THE SITE
4.1 Any Buyer may place an order for one or more Products without having previously registered on the Site. He can however choose to register on the Site by completing the form provided for this purpose.
In any case, the Buyer must provide all the information marked as mandatory. In the event that the Buyer wishes to register on the site, any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the Buyer\'s name (hereafter: the "Account"), giving him access to a personal space (hereafter: the "Personal Space") which makes it possible to manage its purchases in a form and according to the technical means that Alison Ofkem deems most appropriate.
The Buyer guarantees that all the information he gives in the registration formare accurate, up-to-date and truthful and are not misleading in any way.
He undertakes to update this information in his Personal Space in the event of modifications (in particular: change of postal address), so that they always correspond to the aforementioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is worth proof of his identity. The information entered by the Buyer is binding upon validation.
4.2 The Buyer can access his Personal Space at any time after identifying himself using his login ID and password.
The Buyer undertakes to use his Account personally and not to allow any third partyto use it in his place or on his behalf, except to bear full responsibility.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using these being deemed to have been made by the Buyer. The latter must immediately contact Alison Ofkem at the contact details mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He recognizes Alison Ofkem\'s right to take all appropriate measures in such cases.
5. CHARACTERISTICS OF THE PRODUCTS
Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product that he wishes to order.
The Buyer has the possibility of:
- Order the Product he wishes to buy online, within the limit of available stocks, or
- Pre-order the Product when it is no longer available in stock.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on Alison Ofkem for what is specifically stated. The Purchaser is however informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the photographs presented on the Site, due to technical constraints, in particular in the case of Products customized by the Purchaser.
When the Buyer has created an Account on the Site
To place an order, the Buyer must, after logging in, select the Product of his choice and place it in his bag.
He can access the summary of his bag at any time as long as the command is not
not definitively validated and can correct any errors in the elements entered.
The order is deemed to have been received by Alison Ofkem when Alison Ofkem has confirmation of payment made by the Buyer.
When the Buyer has not created an Account on the Site
As part of his order, the Buyer is invited to provide his contact details for delivery and billing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated.
The Buyer guarantees that all the information he gives in the order form is accurate, up to date and sincere and is not vitiated by any misleading character.
He is informed and accepts that this information is proof of his identity and commits himupon their validation.
6.2 Order Confirmation
After validation of his order, the Buyer receives by email a confirmation thereof which:
(i) summarizes the elements of the order and the expected time for delivery or
put in stock when the Product is not available when ordering,
(ii) includes the general conditions in force on the day of the order,
(iii) includes the invoice corresponding to the order.
The Buyer must ensure that the contact details entered in his Account or communicated when ordering are correct and that they allow him to receive the order confirmation email. Failing receipt of this, the Buyer must contact Alison Ofkem at the contact details mentioned in article 2.
Alison Ofkem recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer upon receipt of the email fromconfirmation of his order.
7. PRICE AND TERMS OF PAYMENT
The selling prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
CAVAL reserves the right, at its own discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.
The applicable price is the one displayed on the Site at the time of registration of the Buyer\'s order.
Attention: Outside the European Union as well as in the DOM-TOM, customs duties or local taxes are likely to be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to Alison Ofkem. These duties and taxes, the exact amount of which Alison Ofkem cannot determine in advance and therefore cannotinform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible for the proper fulfillment of any declarations and/or formalities relating thereto.
7.2 Methods of payment
The full price of the Products is payable when ordering.
Payment can be made online:
o by credit card, through the secure online payment service indicated on the Site,… or by any other means that will be offered on the Site at the time of the order.
When the Buyer makes a payment through a payment provider, the payment is made by the payment provider concerned, which alone keeps the User\'s bank details for this purpose. Alison Ofkem does not store any bank details.
The Buyer warrants to Alison Ofkem that he has the necessary authorizations to use the payment method chosen.
Alison Ofkem reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum owed by the Purchaser, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to the unpaid amounts from the first presentation of a formal notice by registered letter AR.
Purchase invoices will be sent to the Buyer by any useful means.
7.4 Retention of title
CAVAL retains full and entire ownership of the Products sold until full payment has been received, delivery costs included.
8.1 Territory of deliveries
Buyers are expressly informed that the Site only offers the delivery of Products to the following countries:
- Metropolitan France, Corsica and the French overseas departments,
- All countries of the European Union,
- All countries outside the European Union.
The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.
The delivery of the Products ordered on the Site will be made to the address indicated when ordering by the Buyer as the "delivery address" (which may be different from the billing address), provided that it is located in the possible delivery territory for the Products concerned.
8.2 Delivery methods
The delivery of the Products ordered on the Site is made to the address indicated when ordering the Buyer as the "delivery address" (which may be different from the billing address), which can only be located in the one of the countries referred to in Article 8.1.
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Buyer is informed before the validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.
8.3 Delivery times
The delivery is made within the time indicated in the order confirmation email.
The Site mentions, for each Product offered for sale, indicative delivery times depending on the territories and delivery methods.
The actual delivery time will be confirmed to the Buyer in the order confirmation email. However, when the Product is not in stock at the time of the order, this period can only be indicated to the Customer by email from the moment from which the Product will be in stock again.
Failing delivery within the above period, the Buyer may cancel the order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having instructed Alison Ofkem, according to the same terms, d deliver within a reasonable additional time, it has not been delivered within that time.
The contract is considered resolved upon receipt by Alison Ofkem of the letter or writing informing her of this resolution, unless it has been executed in the meantime.
In the event of termination of the contract according to the terms above, the Buyer will be reimbursed for all the sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date at which the contract will have been terminated.
Alison Ofkem reserves the right in any case to approach the Buyer in order to offer him alternative solutions for reimbursement of the price of the Products and the costsDelivery. The Purchaser must express explicitly and on a durable medium hisacceptance of the choice of an alternative method of reimbursement.
9. RIGHT OF WITHDRAWAL
The Buyer has a period of 14 days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or to pay penalties, with the exception of the return costs which remain at his charge and which he will have to pay.
The Buyer who wishes to exercise his right of withdrawal must, before the expiry of the above period, complete the form made available to him on the Site (RETURN page)
The Buyer will receive an acknowledgment of receipt of his withdrawal request by email.
The Buyer will be reimbursed as soon as possible and at the latest within 30 (thirty) days from the date of actual receipt by Alison Ofkem of the Products.
The Products must imperatively be returned new to Alison Ofkem in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of deterioration of the Products when they are returned to Alison Ofkem
All products sold on promotion will not be refundable, an exchange will be possible within the limit of stock.
10. EXCHANGE OF PRODUCTS
The Buyer has a period of 14 days, from the date of receipt of the Products ordered, to request the exchange of the Product ordered against another Product of a different size or model. In the event that Alison Ofkem does not have the requested Product in stock on the day of the order, Alison Ofkem will inform the Buyer of the time within which the requested Product will be available, or offer him an alternative Product.
All products sold on promotion will not be refundable, an exchange will be possible within the limit of stock.
The Buyer who wishes to exercise this exchange request must follow the exchange procedureindicated on the Site.
Alison Ofkem will propose to organize with the carrier of her choice the terms of the return, of which she will inform the Buyer by any useful means. (Free return)
The Products must imperatively be returned new to Alison Ofkem in their original packaging, without undue delay and at the latest within 14 (ten) calendar days following the communication, by the Buyer, of his wish to exchange the product. They must be accompanied by a copy of the corresponding purchase invoice. The Purchaser is deemed responsible in the event of deterioration of the Products when they are returned to Alison Ofkem.
The Buyer will receive a new Product no later than 3 (three) days from the date of actual receipt by Alison Ofkem of the Products, provided that they are not damaged.
11. LEGAL GUARANTEES
The Buyer benefits from the legal guarantees of non-conformity as well as due to hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform Alison Ofkem at the contact details mentioned in article 2 hereof, indicating the nature of the defect, of the non-conformity or the damage observed and by sending him any useful proof, in particular in the form of photograph(s).
Alison Ofkem will organize with the carrier of her choice the modalities of the return, of which she will inform
the Buyer by any useful means. Alison Ofkem will bear the costs of this return.
The Products must imperatively be returned new to Alison Ofkem in their original packaging.
They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms described above cannot be taken into account.
Alison Ofkem will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, Alison Ofkem will refund to the Buyer the full price paid for the Product excluding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Alison Ofkem will have informed him of the impossibility of replacing the Product.
12. OBLIGATIONS OF BUYERS
Buyers are solely responsible for the use they make of the Products. It is their responsibility to check the suitability of the Products for their specific needs prior to the purchase of said Products.
They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided to them.
Finally, it is up to the Purchasers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
13. LIABILITY OF Alison Ofkem
13.1 Alison Ofkem undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, Alison Ofkem reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, Alison Ofkem cannot be held responsible for temporary difficulties or impossibilities in accessing the Site which may be caused by circumstances external to it, force majeure, or which may be due to disruption of telecommunications networks.
13.2 Alison Ofkem provides the Buyer with no guarantee as to the suitability of the Products for hisneeds, expectations or constraints.
13.3 In any case, the liability likely to be incurred by Alison Ofkem hereunder is expressly limited to the only proven direct damages suffered by the Buyers.
14. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by Alison Ofkem within the Site as well as the models and the Products sold by Alison Ofkem are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Alison Ofkem are strictly prohibited. and may be subject to legal action.
15. PERSONAL DATA
Alison Ofkem practices a personal data protection policy, the characteristics of which are explained in the document entitled "Charter relating to the protection of personal data", which the Buyer is expressly invited to read.
Alison Ofkem reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which Alison Ofkem will be the sole judge.
17. THIRD-PARTY LINKS AND SITES
Alison Ofkem can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Buyer would access via the Site.
Alison Ofkem is also not responsible for transactions between the Buyer and any advertiser, professional or trader (including any partners) to which the Buyer would be directed through the Site and cannot under any circumstances be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
18. PROHIBITED BEHAVIORS
18.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into Alison Ofkem\'s systems, (iii) any misappropriation of system resources of the Site, (iv) any action likely to impose a disproportionate burden on the latter\'s infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and financial, commercial or moral interests of Alison Ofkem or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or applicable laws and regulations.
18.2 It is also strictly forbidden to monetize, sell or grant all or part ofaccess to the Site, as well as to the information it contains.
18.3 In the event of failure to comply with any of the provisions of this article or more generally, breaches of laws and regulations, Alison Ofkem reserves the right to take all appropriate measures and initiate any legal action.
The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to Alison Ofkem by email, to the contact details mentioned in Article 2.
Unsubscription is effective within a maximum period of 14 (fourteen) days from this request. It entails the automatic deletion of the Buyer\'s Account.
Alison Ofkem reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer\'s order.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
The Buyer has the right to have free recourse to a consumer mediator for the amicable resolution of any dispute relating to the execution of these presents which would oppose him to Alison Ofkem, under the conditions provided for in articles L611-1 and following. and R152-1 and following of the Consumer Code.
23. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, unless there are mandatory rules of procedure to the contrary.