Terms and Conditions of Sale
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded and services offered by the company ALEPOC, a simplified joint-stock company with its registered office located at 15 Chemin de la Crabe 31300 Toulouse, and registered with the Toulouse Trade and Companies Register under number 877 703 447 ("the Seller") to individual consumers ("the Consumer" or "the Consumers") and professional buyers ("the Buyers" or "the Buyer"), collectively referred to as "the Clients," wishing to purchase the products ("the Products") and services ("the Services") offered for sale by the Seller on the website. https://alepoc.shop/en/
They specifically detail the conditions of ordering, payment, delivery, and management of potential returns of Products ordered by the Customers, as well as the characteristics of the Services offered by the Seller.
These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels.
These General Terms and Conditions of Sale are systematically communicated to any Customer at the time of placing an order and will prevail, if applicable, over any other version or any conflicting document.
They are accessible at any time on the website. https://alepoc.shop/en/
The Client declares having read these General Terms and Conditions of Sale and accepted them before placing their order. The validation of the order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale. As these General Terms and Conditions of Sale may be subject to future modifications, the version applicable to the Client's purchase is the one in effect on the website at the date the order is placed.
The modifications to these General Terms and Conditions of Sale are binding on the users of the website. https://alepoc.shop/en/, from the time they are posted online and cannot apply to transactions concluded previously.
ARTICLE 2 – DEFINITIONS
The terms defined below have the meaning and scope given in their definition for the purpose of concluding and executing these General Terms and Conditions of Sale:
- -"Buyer": refers to any professional buyer of a Product or professional subscriber of a Service who has read and accepted the present GTC
- -"CGV": refers to these General Terms and Conditions of Sale for the Products and Services offered for sale by the company ALEPOC ;
- -"CGU" refers to the General Terms of Use for the Services offered by the website. https://alepoc.shop/en/;
- -"Consumer": refers to any non-professional buyer of a Product or non-professional subscriber of a Service who has read and accepted these General Terms and Conditions of Sale (GTC) ;
- -"Client": collectively refers to both the Consumer and the Buyer ;
- -"Products": refers to the products offered for sale by the Seller ;
- -"Services": refers to all the services offered by the Seller through the Site https://alepoc.shop/en/;
- -"Seller": refers to the company ALEPOC located in Toulouse (31300), 15 Chemin de la Crabe, and registered with the Toulouse Trade and Companies Register under the number 877 703 447 ;
ARTICLE 3 – CONTRACTUAL DOCUMENTS
These General Terms and Conditions of Sale (GTC) complement and form an indivisible contractual set with the General Terms and Conditions of Use (GCU).
The entirety constitutes the complete agreement between the Client and the Seller.
ARTICLE 4 - PRODUCTS AND SERVICES OFFERED FOR SALE
The main characteristics of the Products, encompassing all substantial information required by the applicable regulations, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website. https://alepoc.shop/en/, in the product sheets and the Seller's catalog.
The Client is required to read it before placing any order. The choice and purchase of a Product are the sole responsibility of the Client.
The photographs and graphics presented on the website https://alepoc.shop/en/, are not contractual and shall not incur the liability of the Seller.
The Client is required to refer to the description of each Product to know its properties, essential characteristics, and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest at the time of the order validation by the Client. The Product offers are subject to availability, as specified when placing the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Client acknowledges having the required capacity to enter into a contract and acquire the Products offered on the website. https://alepoc.shop/en/.
ARTICLE 5 - ORDERS
5-1. Placing the order
It is the Client's responsibility to select on the website https://alepoc.shop/en/, the Products he wishes to order.
Some products may be exclusively available online on the Seller's website. https://alepoc.shop/en/, and some others can be ordered by phone at 09 72 25 90 42, Monday to Friday, from 9 am to 12 pm and from 2 pm to 6 pm. The Customer must contact the Seller's customer service to ensure the most accurate availability time.
Orders are processed during the Seller's business days. Orders placed on Friday after 3 PM will only be processed the following Monday, unless that Monday is a holiday.
The vacation dates listed on the website https://alepoc.shop/en/will result in a delay in processing orders and deliveries to the next business day.
The Customer has the opportunity to review the details of their order, its total price, and correct any potential errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any errors immediately.
Placing an order on the website https://alepoc.shop/en/, is completed when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and confirms their order. This confirmation implies acceptance of all of these General Terms and Conditions of Sale as well as the general terms of use of the website. https://alepoc.shop/en/.
The sale is only final after the Client receives an email confirmation of the order acceptance from the Seller, which is sent without delay and after the Seller has received full payment.
Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and according to the methods described above, on the website https://alepoc.shop/en/, constitutes the formation of a contract concluded remotely between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Client will be able to track the progress of their order on the website. https://alepoc.shop/en/
5-2. Unavailability
In the event of unavailability of Products or Services after placing the order, the Seller will inform the Customer of the restocking time for said Products or Services by email, as soon as possible.
5-3. Order Modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-4. Cancellation of the order
Once confirmed and accepted by the Seller under the conditions described above, the order cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 – RATES
The Products are provided at the current rates listed on the website. https://alepoc.shop/en/, at the time of order registration by the Seller. The prices are expressed in Euros, excluding and including tax.
The prices take into account any potential discounts that may be offered by the Seller on the website. https://alepoc.shop/en/.
These rates are fixed and non-revisable during their validity period, as indicated on the website. https://alepoc.shop/en/, The Seller reserves the right, outside this validity period, to modify the prices at any time. The prices do not include processing, shipping, transportation, and delivery fees, which are the responsibility of the Customer, under the conditions indicated on the website. https://alepoc.shop/en/.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport, and delivery fees, as calculated prior to the Customer's order confirmation, are entirely their responsibility.
The payment requested from the Client corresponds to the total purchase amount, including these fees.
An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.
Any announcement of a price reduction must indicate the price set by the Seller before the price reduction is applied, with this previous price being defined as the lowest price offered by the Seller to all Customers during the thirty days preceding the application of the price reduction.
ARTICLE 7 - PAYMENT TERMS
Any amount paid in advance on the price, whether as a deposit or down payment, accrues interest at the legal rate after a period of three months from the payment date until the delivery date (article L 214-2 of the Consumer Code).
The price is payable in full on the day the order is placed by the Customer, via secure payment, according to the following terms:
- -by bank cards: Visa, MasterCard or others,
- -by bank transfer.
Payment by credit card is irrevocable, except in cases of fraudulent use of the card. In such cases, the Client can request the cancellation of the payment and the refund of the corresponding amounts.
In the event of a payment extension granted by the Seller and the payment of the amounts due by the Buyer beyond the granted period, and after the payment date indicated on the invoice sent to the Buyer, late payment penalties calculated at an annual rate of 12% of the total amount including tax of the purchase price indicated on said invoice will be automatically and lawfully owed to the Seller, without any formalities or prior notice.
Furthermore, any payment delay by a Buyer automatically results in the application of a fixed compensation of forty (40) Euros, without prejudice to late payment penalties.
Late payment will also result in the immediate demand for payment of all amounts owed by the Client, without prejudice to any other action that the Seller would be entitled to take against the Client in this regard.
Furthermore, the Seller reserves the right, in the event of non-compliance with the payment terms mentioned above, to suspend or cancel the delivery of ongoing orders placed by the Customer.
No additional fees, higher than the costs incurred by the Seller for the use of a payment method, can be charged to the Customer.
ARTICLE 8 - DELIVERY OF ORDERED PRODUCTS
8-1. Order placed by the Consumer
The delivery of the Products refers to the transfer to the Consumer of the physical possession or control of the ordered Products.
The Products ordered by the Consumer will be delivered, as an indication and to the extent possible, in mainland France within a timeframe of 48 to 96 hours, in the European Union within 3 to 5 days, and internationally within a timeframe of 5 to 15 days.
The Seller commits to making their best efforts to deliver the products ordered by the Consumer within the aforementioned timeframes. However, these timeframes are provided for informational purposes only, and a delay shall not result in order cancellation, compensation, or a penalty.
If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fault of the Consumer, the Consumer may notify the Seller, under the conditions provided in Article L 216-6 of the Consumer Code:
- - either the suspension of the payment of all or part of the price until the Seller performs, under the conditions provided for in articles 1219 and 1220 of the Civil Code (exceptio non adimpleti contractus),
- -either the cancellation of the sale, after having given the Seller formal notice to comply within an additional reasonable period not respected by the Seller.
The resolution can be immediate if the Seller refuses to comply or if it is evident that they will not be able to deliver the Products, or if the non-compliance with the delivery deadline was, for the Consumer, an essential condition of the sale.
In the event of the cancellation of the sale, the amounts paid by the Consumer will be refunded to them no later than fourteen days following the termination date of the contract, excluding any compensation or deductions.
In the event of an order to be delivered to a country other than mainland France, customs duties, local taxes, or import duties may be payable and will be the sole responsibility of the Consumer.
Unless there is a special case or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller assumes the risks of transportation and is required to reimburse the Consumer in case of damage caused during transport.
When the Consumer has chosen to hire a carrier themselves, delivery is considered completed as soon as the Seller hands over the ordered Products to the carrier, which accepts them without reservations. The Consumer acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of non-delivery of the transported goods.
The Consumer is required to check the condition of the delivered products. They have a period of fourteen (14) days from the delivery to submit any reservations or claims for non-conformity, defect, or apparent flaw of the delivered Products (e.g., damaged or previously opened package) by registered mail with acknowledgment of receipt, as well as in cases of failure to provide the user manual or installation instructions, with all supporting documents related thereto (such as photos). After this period and if these formalities have not been observed, the Products will be deemed compliant and free from any apparent defects.
It is reminded that the absence of reservations made by the Client at the time of delivery of the Products does not exempt the Seller from the conformity guarantee, as described below.
8-2. Order placed by the Buyer
The Products will be delivered to the Buyer, as an indication and as far as possible, in mainland France within a period of 48 to 96 hours, in the European Union within 3 to 5 days, and internationally within a period of 5 to 15 days.
This deadline does not constitute a strict deadline, and the Seller shall not be held liable to the Buyer for any delivery delay not exceeding thirty (30) days. In the event of a delay exceeding this period, the Buyer may request the termination of the sale. Any deposits already paid will then be refunded by the Seller.
The Seller's liability cannot be engaged in any case of delay or suspension of delivery attributable to the Buyer or in the event of force majeure.
The delivery will be carried out by handing over the products at the Seller's premises to a shipper or carrier, with the products traveling at the Buyer's risk.
The Buyer is required to check the apparent condition of the products upon delivery. In the absence of any specific reservations made by the Buyer at the time of delivery, the Products delivered by the Seller will be deemed to conform in quantity and quality to the order.
The Buyer will have a period of fourteen (14) days from the delivery and receipt of the ordered products to submit such reservations to the Seller in writing.
No claim will be validly accepted if the Buyer does not comply with these formalities.
The seller will replace, as soon as possible and at their own expense, the delivered Products for which the lack of conformity has been duly proven by the Buyer.
ARTICLE 9 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
9-1. Order placed by the Consumer
The transfer of ownership of the Products from the Seller to the Consumer will only occur after full payment of the price by the latter, regardless of the date of delivery of the Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of risks of loss and damage related thereto will only occur when the Consumer physically takes possession of the Products, which therefore travel at the Seller's risk, except when the Consumer uses a carrier they have chosen themselves, independent of the Seller, in which case the transfer of risks is carried out at the moment the Products ordered by the Consumer are handed over by the Seller to the chosen carrier.
9-2. Order placed by the Buyer
The transfer to the Buyer of the risks of loss and deterioration of the products will only occur after full payment of the price by the Buyer, regardless of the transfer of ownership, and irrespective of the date of order or delivery of the products.
The Buyer therefore agrees, in the case of payment after delivery, to insure the Products against the risks of loss and deterioration due to unforeseen circumstances with an appropriate insurance policy in favor of the Seller.
ARTICLE 10 - CONSUMER'S RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract without giving any reason within a period of fourteen days.
The withdrawal period expires fourteen days:
- - After the day when you, or a third party other than the carrier and designated by you, physically take possession of the goods ;
- - In the case of a contract concerning the delivery of goods in several lots or pieces, from the day when you, or a third party other than the carrier and designated by you, physically takes possession of the last lot or piece.
- -If the contract concerns multiple goods ordered by the consumer in a single order and if these goods are delivered separately, from the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last good.
To exercise the right of withdrawal, you must notify us (ALÉPOC 116 AV 1ERE ARMEE FRANCAISE 32000 AUCH, 09 72 25 90 42, contact@alepoc.shopYour decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post or an email). You may use the withdrawal form template, but it is not mandatory. You can also complete and submit the withdrawal form template or any other unambiguous statement on our website. https://alepoc.shop/en/ .If you use this option, we will promptly send you an acknowledgment of the retraction on a durable medium (for example, by email).
To ensure the withdrawal period is respected, you only need to send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal. In the event of your withdrawal from this contract, we will reimburse you for all payments received from you, including delivery charges (except for any additional charges arising from your choice, if applicable, of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will proceed with the reimbursement using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any event, this reimbursement will not incur any fees for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earliest.
You must return or deliver the goods to us without undue delay and, in any case, no later than fourteen days after you have communicated your decision to withdraw from this contract. This deadline is considered met if you send back the goods before the fourteen-day period expires. You will have to bear the direct costs of returning the goods. You will have to bear the direct costs of returning the goods. These costs can be estimated on the LA POSTE website.https://www.laposte.fr/particulier) by clicking on "calculate a rate." If, in the case of an off-premises contract, the item, due to its nature, cannot normally be returned by post and was delivered to the consumer's home at the time of the contract conclusion, we will collect the item at our own expense.
Your responsibility is only engaged with respect to the depreciation of the item resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the item.
WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of ALÉPOC 116 AV 1ST FRENCH ARMY 32000 AUCH, 09 72 25 90 42, contact@alepoc.shop :
I/we (*) hereby notify you of my/our (*) withdrawal from the contract regarding the sale of the goods (*)/for the provision of services (*) specified below:
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is submitted on paper):
Date:
(*) Cross out the unnecessary mention.
ARTICLE 11 - SELLER'S LIABILITY – CONSUMER WARRANTY
The products sold on the website https://alepoc.shop/en/are compliant with the current regulations in France and have performance compatible with non-professional uses.
The Products provided by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- -of the legal guarantee of conformity, for Products that appear to be defective, damaged, or do not correspond to the order,
- -of the legal warranty against hidden defects resulting from a flaw in material, design, or manufacturing affecting the delivered products and making them unfit for use,
11-1. Legal guarantee of conformity applicable to Consumers
The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance.
When the sales contract for a good includes the provision of digital content or a digital service on an ongoing basis for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the entire provision period. During this time, the consumer is only required to establish the existence of the non-conformity affecting the digital content or digital service, not the date when it appeared.
The legal guarantee of conformity obligates the professional, if necessary, to provide all updates required to maintain the conformity of the item.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, at no cost and without major inconvenience to them.
If the item is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the item, but the seller imposes a replacement, the legal conformity warranty is renewed for a period of two years from the date of replacement of the item.
The consumer can obtain a price reduction by keeping the good or terminate the contract by receiving a full refund in exchange for returning the good, if:
1° The professional refuses to repair or replace the item ;
2° The repair or replacement of the item occurs after a period of thirty days ;
3° The repair or replacement of the good causes a major inconvenience for the consumer, particularly when the consumer permanently bears the costs of returning or removing the non-compliant good, or if they bear the costs of installing the repaired or replacement good ;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the good or the termination of the contract when the lack of conformity is so severe that it justifies an immediate price reduction or contract termination. In this case, the consumer is not required to request repair or replacement of the good beforehand.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the property is immobilized for repair or replacement suspends the warranty that was remaining until the restored property is delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is subject to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects in accordance with articles 1641 to 1649 of the civil code, for a duration of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is kept or a full refund upon return of the item.
11-2. Legal warranty against hidden defects
The Seller is responsible for hidden defects under the legal warranty against hidden defects resulting from a defect in material, design, or manufacturing affecting the delivered products and making them unsuitable for use.
The Consumer may decide to implement the warranty against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
11-3. Exclusion of warranties
The Seller's responsibility cannot be engaged in the following cases:
- -non-compliance with the legislation of the country in which the Products are delivered, which the Consumer is responsible for verifying before placing their order,
- -in the event of misuse, use for professional purposes, negligence, or lack of maintenance by the Consumer, as well as in cases of normal wear and tear of the Product, accident, or force majeure.
ARTICLE 12 - SELLER'S LIABILITY – BUYER'S WARRANTY
The products delivered by the Seller come with a contractual warranty lasting twelve months from the date of delivery. This warranty covers non-compliance of the products with the order and any hidden defects arising from material, design, or manufacturing faults affecting the delivered products and making them unsuitable for use.
The warranty forms an inseparable whole with the Product sold by the Seller. The Product cannot be sold or resold altered, transformed, or modified.
This warranty is limited to the replacement or refund of non-conforming products or those affected by a defect.
Any warranty is excluded in the event of misuse, negligence, or lack of maintenance by the Buyer, as well as in the case of normal wear and tear of the Product or force majeure.
In order to assert their rights, the Buyer must, under penalty of forfeiture of any related action, inform the Seller, in writing, of the existence of the defects within a maximum period of fourteen days from their discovery.
The Seller will replace or repair the Products or parts under warranty deemed defective. This warranty also covers labor costs.
The replacement of defective products or parts will not have the effect of extending the duration of the warranty specified above.
The warranty, finally, cannot apply if the Products have been subject to abnormal use, or have been used under conditions different from those for which they were manufactured, particularly in cases of non-compliance with the conditions specified in the user manual.
It also does not apply in cases of deterioration or accident resulting from impact, fall, negligence, lack of supervision or maintenance, or in the event of modification of the Product.
ARTICLE 13 - PROTECTION OF PERSONAL DATA
Collected data. In accordance with Law 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is necessary for processing their order and issuing invoices, among other things.
The data is collected for the following purposes:
- -Perform operations related to Client management concerning: contracts; orders; deliveries; invoices; accounting and particularly the management of client accounts; a loyalty program within one or several legal entities; monitoring customer relationships such as conducting satisfaction surveys, managing complaints and after-sales service; selecting clients to conduct studies, surveys, and product tests ;
- -
Carry out operations related to prospecting:
- -The management of technical prospecting operations (which notably includes technical operations such as normalization, enrichment, and deduplication) ;
- -The selection of people to carry out loyalty, prospecting, survey, product testing, and promotion actions;
- -The carrying out of solicitation operations ;
- -The development of trade statistics ;
- -The updating of its prospecting files by the organization responsible for managing the list of opposition to telephone solicitation, in accordance with the provisions of the Consumer Code ;
- -The organization of competitions, lotteries, or any promotional operation ;
- -The management of requests for access, rectification, and objection rights ;
- -The management of unpaid debts and litigation;
- -The management of people's reviews on products, services, or content
This data may be communicated to potential partners of the Seller responsible for the execution, processing, management, and payment of orders. Within the limits of their respective duties, access to the personal data may be granted to:
- -The authorized personnel of the data controller
- -The authorized personnel of the services in charge of control (auditor, services responsible for internal control procedures...) ;
- -The qualified personnel of the subcontractors ;
- -The companies of the group to which the data controller belongs ;
- -Organizations, legal auxiliaries, and ministerial officers, within the scope of their debt collection mission ;
- -The organization responsible for managing the do-not-call list
Personal data related to customers is retained for the duration necessary to manage the business relationship. Data that can be used to establish proof of a right or a contract, or retained to comply with a legal obligation, is kept in accordance with current regulations.
The Customer is informed of the right to request from the Seller access to the data, rectification or erasure of the data, or a restriction of processing, or the right to object to processing, the right to data portability, and to determine the fate of their data after death. When processing is based on consent, the Customer is informed of the right to withdraw their consent at any time. The Customer has the right to lodge a complaint with a supervisory authority, such as the CNIL in France. The Consumer is informed of their right to register on the list to oppose telephone solicitation.
The processing of information communicated through the website https://alepoc.shop/en/complies with legal requirements for personal data protection, with the information system used ensuring optimal protection of this data.
This right can be exercised under the conditions and according to the modalities defined on the website. https://alepoc.shop/en/.
ARTICLE 14 - INTELLECTUAL PROPERTY
The content of the website https://alepoc.shop/en/ is the property of the Seller and its partners and is protected by French and international laws related to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 15 - UNFORESEEN CIRCUMSTANCES
In the event of unforeseeable changes in circumstances at the time of the contract's conclusion, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to bear the risk of excessively onerous performance may request a renegotiation of the contract with its co-contractor.
ARTICLE 16 - FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 17 - APPLICABLE LAW - LANGUAGE
These Terms and Conditions of Sale and the transactions resulting therefrom are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text would be considered authoritative in case of a dispute.
ARTICLE 18 – DISPUTES
ALL DISPUTES ARISING FROM THIS CONTRACT AND THE AGREEMENTS RESULTING FROM IT, REGARDING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES, AND AFTERMATH WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER COMMON LAW CONDITIONS for Consumers and to the TOULOUSE COMMERCIAL COURT FOR PROFESSIONALS.
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has established a consumer mediation system. The chosen mediation entity is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer can submit their complaint on the website:
https://cnpm-mediation-consommation.eu
or by mail by writing to
CNPM - MEDIATION - CONSUMPTION
27, Avenue de la Libération – 42400 SAINT-CHAMOND
The consumer is informed of the existence of the Online Dispute Resolution (ODR) platform and the possibility of using it to resolve their dispute. Electronic link to the ODR platform: https://ec.europa.eu/consumers/odr/
The consumer is informed of the existence of the Online Dispute Resolution (ODR) platform and the possibility of using it to resolve their dispute. Electronic link to the ODR platform: https://ec.europa.eu/consumers/odr/
ARTICLE 19 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Client acknowledges having been informed by the Seller in a clear and understandable manner, through the provision of these General Terms and Conditions of Sale, prior to their immediate purchase or the placing of the order and in accordance with the provisions of Article L 221-5 of the Consumer Code:
- -on the essential characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, enabling them to acquire the Products with full knowledge, particularly regarding their conditions of use. The photographs and graphics presented are not contractual and do not engage the Seller's responsibility. The Client is required to refer to the description of each Product to be aware of its properties and essential features ;
- -on the price of the Products and any additional fees or, in the absence of a price payment, on any benefit provided instead of or in addition to it ;
- -in the absence of immediate execution of the sale, on the delivery times of the ordered Products ;
- -on the identity of the Seller and all of their contact information ;
- -on the existence and the implementation methods of warranties (legal warranty of conformity, warranty against hidden defects, possible commercial warranties) and, if applicable, on the after-sales service ;
- -on the possibility of resorting to a consumer mediator, under the conditions provided for in the Consumer Code
- -on the right of withdrawal (existence, conditions, period, procedures for exercising this right, and standard withdrawal form), the termination procedures, and other important contractual conditions, and, if applicable, on the costs of using remote communication techniques, the existence of codes of good conduct, and financial deposits and guarantees;
- -on the accepted payment methods.
The act of a Customer placing an order on the website https://alepoc.shop/en/entails full and complete agreement and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document that would not be enforceable against the Seller.
The Buyer declares and acknowledges having perfect knowledge of the GTC, and therefore waives the right to invoke any contradictory document, including, in particular, their own general purchasing conditions.