• LEGAL TERMS, CONDITIONS AND PRIVACY

OVERVIEW

This website is operated by SAS O+ France. On this site, the terms "we", "us" and "our" refer to SAS O+ France.

SAS O+ France offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing any of our products, you are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions"), including any additional terms, conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

Any new features and tools that are added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can view the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on AWS.

They provide us with the servers to implement the e-commerce platform that allows us to sell our products and services to you.


GENERAL CONDITIONS OF SALE FOR INDIVIDUALS

ALSACEPROTECTION.COM BELONGING TO :

SAS O+ FRANCE

Simplified joint stock company with variable capital

With a subscribed capital of 1 000 € and a minimum capital of 1 000 €.
Head office : 11, Route de Brumath 67800 HOENHEIM
815 185 012 RCS STRASBOURG - APE 4690Z
Phone : +33 (0)3 88 50 30 52
E-mail : contact@alsaceprotection.com

 

UPDATED ON MONDAY 21 JUNE 2021

 

1. Application of the present general conditions of sale

The present general terms and conditions of sale "BtoC" (hereinafter the "GTC") apply to any purchase made by a consumer or a non-professional, natural or legal person (hereinafter the "Customer") on the website "www.alsaceprotection.com" (hereinafter the "Site"). (hereinafter the "Site"). The fact that ALSACE PROTECTION does not avail itself, at a given time, of any of these GTCs may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

The Site and the ALSACE PROTECTION brand belong to the above-mentioned company O+ FRANCE (hereinafter the "Seller").

The Company can modify without notice the present GTC at any time by posting on its website the last updated version. In this case, the applicable GTC will be those in force at the date of the order by the Customer. The Customer may request any previous version of the GTC by mail to the address of the Company's headquarters or by e-mail to the following address: "contact@alsaceprotection.com".

The Customer declares to have read the GTC and to have accepted them, by clicking on the corresponding box, before placing any order on the Site. These GTC shall prevail over any other general or specific conditions not expressly agreed to prior to the order by the Seller.

 

2. Technical specifications

The equipment and telecommunication costs necessary to access and use the Site are at the expense of the Customer.

 

3. Creation of an account on the Site

Before placing any order on the Site, the Customer must open an account. He declares that the information provided, for which he is solely responsible, is accurate and complete and does not infringe, in any way whatsoever, the rights of third parties, whatever they may be.

To register on the Site, the Customer must be at least 18 years old and have the legal capacity or, if he/she is a minor, be able to justify the agreement of his/her legal representatives.

 

4. Use of the account by the Customer

For any order on the site, it is up to the Customer to ensure the confidentiality of the identifiers provided. Any connection to the account of a Customer from the identifiers will be presumed to have been made by the Customer himself. The Customer is solely responsible for the use of his identifiers by third parties or for actions or statements made through his account, whether fraudulent or not.

 

5. Characteristics of the products

The main characteristics of the products are presented in the product catalog or on the Site on the information sheets of each product, according to the information held by the Seller from its suppliers. The Seller cannot be held responsible for erroneous information from its suppliers.

The Customer selects, according to his needs, the products and the quantities on the Site, the summary of which is registered in the tab "Your Basket". In accordance with Article 1127-2 of the Civil Code, the Customer may view the details of his order (including the quantity, characteristics and references of the products ordered, the billing and delivery address, the means of payment and the price and delivery time), correct any errors, before confirming it and expressing his acceptance of these GTC. The customer validates his order by selecting a type of payment proposed on the Site.

He then accepts without reserve the ordering process and the present terms and conditions of sale. The Customer then receives an automatic e-mail confirming the order.

The orders are definitively validated after receipt of the payment by the Seller. For payments by check, the order is definitively validated after cashing the check.

No order can be modified after validation by the Seller without its express agreement.

In the event of technical impossibility to honor the Customer's order, the Seller reserves the right to propose another product of similar or superior quality or technical characteristics to those of the product ordered by the Customer. In this case, the Company shall endeavour to inform the Customer and to send him a new offer taking into account these modifications.

 

6. Prices

The prices displayed on the Site are expressed in all taxes, less any discounts granted to the Client, according to the terms and conditions defined on the Site. Consequently, the order summary and the invoice show the prices exclusive of tax, the increase in the VAT rate and the price inclusive of tax, in addition to the transport costs applicable on the day of the order.

These prices on the Site may be modified at any time, without notice, particularly in the event of changes in fiscal or economic data. The invoices are established in accordance with the prices displayed on the Site on the day of the order.

 

7. Payment - Terms and Conditions

Any order placed on the Site is payable in cash. For payments by check or transfer, any sum not paid within a maximum of 10 days from the date of the order shall entitle the Seller to terminate the sale. If the bank or Stripe refuses to debit a card, the order will be cancelled and the sale will be automatically terminated. The Customer will be informed by e-mail.

The following payment methods are available to the Customer to pay for his orders:

- Bank card (Carte Bleue, Visa, MasterCard) (via STRIPE),

- Bank transfer in advance,

- Cheque (payable to O+ France SAS),

- Online payment system "STRIPE".

The Seller will take all necessary measures to guarantee the security and confidentiality of the banking data transmitted on the Site within the framework of the online payment.

All payment information provided on the Site is not processed by the Seller. The data relating to the payment of the order is therefore processed directly by the Customer's bank in a secure environment.

 

8. Offer and promotion on the Site

Unless specifically mentioned on the Site, any offer or promotion presented on the Site leading to a price reduction or an additional product offered is applicable only once per Customer during the period of the offer or promotion.

 

9. Acknowledgement of receipt and billing

An acknowledgement of receipt of the order is automatically sent to the Customer by e-mail, provided that the e-mail address provided through the Customer's registration form is correct.

No order confirmation by mail or fax is sent by the Seller. The Customer agrees to the transmission by the Seller of any dematerialized invoice by electronic means. However, if the Customer wishes to receive his invoice(s) in paper format, he may make a request by e-mail to the following address: contact@alsaceprotection.com

 

10. Postage and preparation costs

Shipping costs are calculated for all unit orders and are clearly indicated on the site (except for specific products for which this will be clearly indicated on the site) and are payable by the Customer for all deliveries in metropolitan France and throughout the world, covering part of the fixed costs related to the preparation and delivery of the order. The delivery time is understood to exclude weekends and public holidays.

Any order by a Customer for delivery outside of metropolitan France may be cancelled by the Vendor against reimbursement to the Customer of his order, or may be subject to specific shipping charges.

Certain orders requiring special logistical operations, containing products of particularly important dimensions or weight, may be subject to specific shipping charges.


11. Delivery times

The delivery of goods will take place after receipt of payment by the Seller. Deliveries are prepared and made only on working days.

The delivery times are indicated in the order summary before the confirmation of the order, and may vary depending on the nature of the products ordered.

If the order contains several products with different delivery times, the delivery time of the order will be the longest.

However, in case of delivery in a period exceeding 30 days from the date of the order, and except in case of force majeure, the Customer will have the possibility to request, by e-mail or mail to the addresses indicated in Article 1, the resolution of the sale and the refund of his order. In this case, the reimbursement of the order will take place within 14 days following the receipt by the Seller of the request to cancel the sale. The refund will be made by the same means as the one used on the day of the order, or failing that, by bank check sent to the address provided by the Customer on the Site when creating his account.

 

12. Verification of the delivery and complaint

In accordance with the article L.216-4 of the Code of consumption, any risk of loss or damage of the goods is transferred to the Customer at the time when this last one or a third designated by him, and other than the carrier proposed by the professional, takes physically possession of these goods.

Upon receipt of the products, the Customer is recommended to:

a) be presented with the delivery documents by the carrier;

b) check the number of packages and the condition of the products (external verification and verification of the contents of the packages). If necessary, it is recommended to the Customer to formulate on the delivery order of the conveyor that this one did not attend the unpacking of the parcel(s);

c) to accept the delivery as soon as the products are in conformity with the order and this, even in the event of damage, by signing legibly the delivery order or the transport receipt and by adding the stamp of its establishment and the name of the person having received the delivery on behalf of the Customer;

d) in the event of damage, to formulate precise reserves on the original receipt of the carrier. Reservations that are not significant, clear and complete and that do not identify the damaged products are not admissible. It is necessary to date and sign the reserves;

Reservations that are not significant, clear and complete and that do not indicate the damaged products are not admissible. It is necessary to date and sign the reservations;

Without prejudice to the recourse and measures to be taken with respect to the carrier, the complaints on the bad condition of the delivered products will have to be formulated by electronic mail, fax, telephone or postal mail to the Seller, within ten (10) days of the delivery of the said products.

In the absence of any reservation notified to the Seller within the aforementioned time limits, the products that have been damaged shall be deemed to have been accepted by the Customer and no claim relating to their deterioration due to the delivery shall be accepted a posteriori.

 

13. Accessibility

The delivery address must be accurate and include all necessary details. It is the Customer's responsibility to ensure the accessibility of the place of delivery and to inform the Seller or the carrier of any specific accessibility problem related to the delivery.

In the event of accessibility problems, any additional costs incurred (second delivery by the carrier, etc.) will be charged to the Customer in full.


14. Partial deliveries

Unless otherwise specified on the order form, the Seller will immediately ship items that constitute homogeneous, usable batches available in its warehouses; order balances will be subject to additional deliveries at a later date. All products on the Site or in the catalog are offered subject to available stock. The Seller will inform the Customer by e-mail in case of stock shortage.

 

15. Right of withdrawal

 

15.1 Principle of withdrawal

The Customer shall have the right to return the product to the Seller or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw.

 

15.2 Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the product.

If the Customer's order includes several products and if these products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last product.

 

15.3 Notification of the right of withdrawal

To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration by e-mail to the following address: " contact@alsaceprotection.com ". The Customer will then be invited to fill in a form so that his request can be studied and taken into account.

Otherwise, he can send a request to the following postal address

 

O+ France SAS

11 ROUTE DE BRUMATH

67800 HOENHEIM

 

He can also use the following withdrawal form:

 

WITHDRAWAL FORM

To the attention of the Company O+ France SAS - 11 Route de Brumath, 67800, HOENHEIM

I hereby notify you of my withdrawal from the contract for the sale of the product below:

- Product reference : ___________________

- Invoice number: ___________________

- N° of the purchase order : ___________________

- Ordered on [___/____/_____]/received on [___/____/_____]

- Payment method used: ___________________

- Name of Customer and, if applicable, order recipient:

- Customer's address: ___________________

- Delivery address (if different): ___________________

Date [___/____/_____]

Customer's signature

(except return by e-mail)

The form is available here : WITHDRAWAL FORM.

 

15.4 Effects of withdrawal

In the event of withdrawal by the Customer, the Vendor undertakes to reimburse the totality of the sums paid corresponding to the returned products, without undue delay and, in any event, no later than fourteen (14) days from the date on which the Vendor is informed of the Customer's wish to withdraw.

The Seller may defer the refund until receipt of the goods or until the Customer has provided proof of shipment of the goods, whichever occurs first.

Any refund to the Customer will be made by the same means as the one used on the day of the order, or failing that, by bank check sent to the address provided by the Customer on the Site when creating his account.

 

15.5 Return of the product

The Customer shall, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to the postal address mentioned in Article 15.3.

The Customer shall bear the direct costs of returning the product(s). The product must be returned according to the instructions of the Seller and include all the accessories delivered. The products must be returned in good commercial condition.

However, the Seller is entitled to invoke any cause of exclusion of the right of withdrawal mentioned in Article L.221-21 of the Consumer Code, in particular in the case of the supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Customer after delivery.


16. Retention of Title Clause

The Seller retains ownership of the goods sold until full payment has been made.


17. Guarantees

It is agreed that the products ordered are intended for the personal use of the Customer who is forbidden any partial or total resale of said products.

 

17.1. Warranty of conformity

In accordance with Articles L.217-4 and following of the Consumer Code, the Seller is required to deliver a product that conforms to the use expected of a similar good and that corresponds to the description given on the Site. This conformity also implies that the product has the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, including in advertisements and on labels.

In this context, the Seller is liable for defects in conformity of the product sold, except for defects resulting from installation operations which are not under its responsibility or carried out under its responsibility, within the meaning of Article L.217-4 of the Consumer Code.

The action resulting from the defect of conformity is prescribed by two (2) years as from the delivery of the product.

In the event of a lack of conformity, the Customer may request the replacement or repair of the product, at his choice. However, if the Customer's choice is materially impossible or if its cost is manifestly disproportionate, taking into account the value of the product or the importance of the defect, the Seller may proceed with a refund, without following the option chosen by the Customer.

In the event that a replacement or repair is impossible, the Seller undertakes to refund the price of the product within 30 days of receipt of the returned product and in exchange for the return of the product by the Customer to the address of the Seller's registered office.

 

17.2. Warranty for hidden defects

The Seller is bound by the warranty for hidden defects in the product sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the Customer would not have acquired it, or would only have given a lower price for it, if he had known about them.

This guarantee allows the Customer who can prove the existence of a hidden defect to choose between a refund of the price of the product if it is returned and a refund of part of its price if the product is not returned.

In the event that replacement or repair is not possible, Seller shall refund the price of the product within thirty (30) days of receipt of the returned product in exchange for the return of the product by the Customer to the address of Seller's headquarters.

The action resulting from latent defects must be brought by the Customer within two (2) years from the discovery of the defect.

 

17.3. Terms and conditions

All claims and requests for exchange or refund must imperatively include the number of the order concerned and the reason for the request (hidden defect, lack of conformity...). Any refund of the Customer will be made by the same means as the one used on the day of the order, or failing that, by bank check sent to the address provided by the Customer on the Site when creating his account.

 

18. Comments on the site

 

A comment space on the products is available to the Customer.

 

In accordance with Article 52 of Law No. 2016-1321 of October 7, 2016 for a Digital Republic, it is specified that the Seller does not moderate this content in any capacity whatsoever.

The Customer undertakes to write only one comment per product and ensures that his comment does not include :

- a hypertext link to another site than the Seller's,

- defamatory remarks concerning the commented product, the Seller or its suppliers,

- comments contrary to good morals and generally contrary to the law.

Any Customer or visitor to the site may inform the Seller of the existence of comments contrary to this article by e-mail to the following address: " contact@alsaceprotection.com ". The Seller reserves the right to delete any comment that does not respect its rules.

 

19 - Force majeure

Any event beyond the control of the Vendor due to a case of force majeure, within the meaning of Article 1218 of the Civil Code (such as, but not limited to, strikes, floods, fires, disruptions or interruptions in transportation, difficulties in the supply of raw materials or energy), shall suspend the performance of its obligations for the duration of the force majeure event.

 

20 - Termination

Without prejudice to any compensation that may be obtained or claimed, in the event of non-compliance by the Customer with any of its obligations, in particular, in the event of non-payment, as well as in the event of actions by the Customer that are detrimental to the reputation and/or brand image of the Vendor, the Vendor shall be entitled to terminate all or part of the order. Such termination shall take effect eight (8) calendar days after notice of default has been given by registered letter with acknowledgment of receipt, which has remained unsuccessful.

 

21. Operation of the Site

The Seller excludes its responsibility for any damage resulting from an interruption, a malfunction of any kind, a suspension or the impossibility of access to the Site, and this for any reason whatsoever, in particular because of a technical malfunction, network or electrical cut and any case of force majeure leading to a discontinuity of the service as well as for any material or immaterial damage which would result in any way from the connection to the site or any other site linked by a hyperlink.

 

22. Computer archiving

Any contract concluded with the Customer for an amount greater than 120 € will be archived by the Seller for a period of ten (10) years, in accordance with Article L.213-1 of the Consumer Code.

The Customer acknowledges that the order procedure and these GTC are concluded online and constitute an "electronic contract" between the Customer and the Seller, within the meaning of Articles 1125 et seq. of the Civil Code.

The Customer agrees that the Seller may archive this information in order to monitor transactions.

 

23. Personal data

In accordance with the amended Law n°78-17 of January 6, 1978 relating to data processing, files and freedoms and the European Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, the Seller informs any user of the Site and any Customer that it respects the confidentiality, integrity and security of the data that the latter may be led to communicate to it through the Site. The Customer has a right of access, rectification, deletion and opposition to the processing of data concerning him/her by sending a request to the Seller at the address of its registered office mentioned in Article 1, or by e-mail to the following address: contact@alsaceprotection.com, and by enclosing a copy of his/her identity card with his/her request.

The Vendor collects and keeps the data exclusively and for the duration strictly necessary for the execution of its services and in case its contractual and/or tortious responsibility is called into play. Beyond this period, personal data will no longer be kept.

The Vendor may use the information provided by the Customer for any purpose, in particular to target advertising banners, to improve the use of the Site or to monitor compliance with the law and the terms of these GTC.

The Seller reserves the right to transmit the Customer's data to commercial partners. In accordance with Article 5 (1st paragraph), a) and Article 12 of the European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, the Seller undertakes to inform the third parties to whom the information has been communicated of the Customer's use of the right of access, rectification, deletion and opposition to the processing of data concerning him.

 

24. Cookies

In order to better serve the Customer, the Vendor measures the number of pages viewed, the number of visits, as well as the activity of visitors on the Site and their frequency of return. To this end, the Seller uses "cookie" technology. A cookie does not identify the Customer or a user of the Site. Cookies record information relating to the navigation of any computer device (computer, smartphone, etc.) on the Site.

The data collected by the cookies are only and strictly intended for internal use and are never transmitted to third parties. The use of cookies, own or third party, not being necessary for the functioning of the Site, requires the express consent of the Customer. The Customer can express his consent or his opposition to the use of cookies by setting his browser appropriately.

 

25 - Completeness of the conditions

A change in legislation, regulations or a court decision rendering one or more clauses of these GTC null and void shall not affect the validity of the other stipulations of these GTC.

 

26 - Litigation

The French law is only applicable with exclusion of the Vienna Convention on the international sale of goods of April 11, 1980.

 

27 - Mediation

In accordance with article L. 612-1 of the French Consumer Code, the Customer has the possibility of resorting free of charge (except for possible legal and expert fees) to a mediation mechanism for the amicable resolution of any dispute. The Customer must, before any mediation, submit a written complaint directly to the Seller at the e-mail or postal addresses mentioned in Article 1 hereof.

The request for mediation must be made within one year of this written complaint, failing which it shall be inadmissible.

Mediation is not mandatory in accordance with Article L. 612-4 of the Consumer Code. The Customer and the Seller are free to accept or refuse the solution proposed by the mediator.

In no event shall the contractual liability of the Seller, as it may be incurred pursuant to these GTC, exceed the amount of the sums paid or remaining to be paid by the Customer for the purchase of the product(s) in question.

For any request for information relating to mediation and its operation, you can send your request by:

Postal mail:

C&C-Mediation
(CONSULTANCY and CONSUMPTION-MEDIATION)

37 rue des chênes

25480 Miserey Salines

E-mail : conseils-consommation@orange.fr

For any request for mediation, please click here to contact the mediation: " Contact the mediation ".

 

 

GENERAL CONDITIONS OF SALES FOR COMPANIES

SITE ALSACEPROTECTION.COM BELONGING TO :

SAS O+ FRANCE

Simplified joint stock company with variable capital

With a subscribed capital of 1 000 € and a minimum capital of 1 000 €.
Head office : 11, Route de Brumath 67800 HOENHEIM
815 185 012 RCS STRASBOURG - APE 4690Z
Phone : +33 (0)3 88 50 30 52
E-mail : contact@alsaceprotection.com

UPDATED ON MONDAY 21 JUNE 2021

 

1. Application of the present general conditions of sale

The present general terms and conditions of sale "BtoB" (hereinafter the "GTC") apply to any purchase made by a professional, natural or legal person (hereinafter the "Customer") on the website "www.alsaceprotection.com" (hereinafter the "Site"). (hereinafter the "Site"). The fact that ALSACE PROTECTION does not avail itself, at a given time, of any of these GTCs may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

The Site and the ALSACE PROTECTION brand belong to the above-mentioned company O+ France (hereinafter the "Vendor").

The Company may modify these GTC at any time without notice by posting the latest updated version on the Site. In this case, the applicable GTC will be those in force at the date of the order by the Customer. The Customer may request any previous version of the GTC by mail to the address of the Company's head office or by e-mail to the following address: "contact@alsaceprotection.com".

The Customer declares to have read the GTC and to have accepted them, by clicking on the corresponding box, before placing any order on the Site. These GTC shall prevail over any other general or specific conditions not expressly agreed to prior to the order by the Seller.

 

2. Technical specifications

The equipment and telecommunication costs necessary to access and use the Site are at the expense of the Customer.

 

3. Creation of an account on the Site

Before placing any order on the Site, the Customer must open an account. He declares that the information provided, for which he is solely responsible, is accurate and complete and does not infringe, in any way whatsoever, the rights of third parties, whatever they may be.

 

4. Use of the account by the Customer

For any order on the site, it is up to the Customer to ensure the confidentiality of the identifiers provided. Any connection to the account of a Customer from the identifiers will be presumed to have been made by the Customer himself. The Customer is solely responsible for the use of his identifiers by third parties or for actions or statements made through his account, whether fraudulent or not.

 

5. Characteristics of the products

The main characteristics of the products are presented in the product catalog or on the Site on the information sheets of each product, according to the information held by the Seller from its suppliers. The Seller cannot be held responsible for erroneous information from its suppliers.

The photographic reproductions of the products in the catalog or on the Site are not contractual and are communicated for illustrative purposes, so that they cannot engage the responsibility of the Seller nor call into question a confirmed order.

The Customer selects, according to his needs, the products and the quantities on the Site, whose summary is registered in the tab "Your Basket". In accordance with Article 1127-2 of the French Civil Code, the Customer may view the details of his or her order (including the quantity, characteristics and references of the products ordered, the billing and delivery address, the means of payment and the price and delivery time), correct any errors, before confirming it and expressing his or her acceptance of these GCS. The customer validates his order by selecting a type of payment proposed on the Site.

He then accepts without reserve the ordering process and the present terms and conditions of sale. The Customer then receives an automatic e-mail confirming the order.

The orders are definitively validated after receipt of the payment by the Seller. For payments by check, the order is definitively validated after cashing the check.

No order can be modified after validation by the Seller without its express agreement.

In the event of technical impossibility to honor the Customer's order, the Seller reserves the right to propose another product of similar or superior quality or technical characteristics to those of the product ordered by the Customer. In this case, the Company shall endeavour to inform the Customer and to send him a new offer taking into account these modifications.

 

6. Prices

The prices displayed on the Site are expressed in all taxes, less any discounts granted to the Customer, according to the terms and conditions defined on the Site. Consequently, the order summary and the invoice show the prices exclusive of tax, the increase in the VAT rate and the price inclusive of tax, in addition to the transport costs applicable on the day of the order.

These prices on the Site may be modified at any time, without notice, particularly in the event of changes in fiscal or economic data. Invoices are established in accordance with the prices displayed on the Site on the day of the order.

 

7. Payment - Terms and Conditions

All orders placed on the Site are payable in cash without discount. For payments by check or transfer, any sum not paid within a maximum of 10 days from the date of the order will give rise, by right and without prior notice, to to the payment (i) of a late payment penalty whose interest rate will correspond to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points - this interest will run from the day after the due date until full payment - and (ii) will also give rise, automatically and without prior notice, to the payment of a legal fixed compensation for collection costs, in the amount of 40 euros. If the collection costs incurred are higher than the amount of this fixed compensation, the Seller reserves the right to claim additional compensation.

Any amount not paid within a maximum of 10 days from the date of the order shall entitle the Seller to terminate the sale. If the bank or Stripe refuses to debit a card, the order will be cancelled and the sale will be automatically terminated. The Customer will be informed by e-mail.

The following payment methods are available to the Customer to pay for his orders:

 

- Bank card (Carte Bleue, Visa, MasterCard) (via STRIPE),

- Bank transfer in advance,

- Cheque (payable to O+ France SAS),

- Online payment system "STRIPE".

 

The Seller will take all necessary measures to guarantee the security and confidentiality of the banking data transmitted on the Site within the framework of the online payment.

All payment information provided on the Site is not processed by the Seller. The data relating to the payment of the order is therefore processed directly by the Customer's bank in a secure environment.

 

8. Offer and promotion on the Site

Unless specifically mentioned on the Site, any offer or promotion presented on the Site leading to a price reduction or an additional product offered is applicable only once per Customer during the period of the offer or promotion.

 

9. Acknowledgement of receipt and billing

An acknowledgement of receipt of the order is automatically sent to the Customer by e-mail, provided that the e-mail address provided through the Customer's registration form is correct.

No order confirmation by mail or fax is sent by the Seller. Customer agrees to Seller's transmission of any dematerialized invoice by electronic means.

 

10. Shipping and Preparation Costs

Shipping costs are calculated for all unit orders and are clearly indicated on the site (except for specific products for which this will be clearly indicated on the site) and are payable by the Customer for all deliveries in metropolitan France and throughout the world, covering part of the fixed costs related to the preparation and delivery of the order. The delivery time is understood to exclude weekends and public holidays.

Any order by a Customer for delivery outside of metropolitan France may be cancelled by the Vendor against reimbursement to the Customer of his order, or may be subject to specific shipping charges.

Certain orders requiring special logistical operations, containing products of particularly important dimensions or weight, may be subject to specific shipping charges.

 

11. Delivery Time

The delivery of the goods will take place after receipt of the payment by the Seller. Deliveries are prepared and made only on working days.

The delivery times are indicated in the summary of the order before its confirmation, and are likely to vary depending on the nature of the products ordered. The delivery times indicated do not include weekends and public holidays.

If the order contains several products with different delivery times, the delivery time of the order will be the longest delivery time.

However, in case of delivery in a period exceeding 30 days from the date of the order, and except in case of force majeure, the Customer will have the possibility to ask, by e-mail or mail to the addresses indicated in article 1, the resolution of the sale and the refund of his order. In this case, the reimbursement of the order will take place within 14 days following the receipt by the Seller of the request to cancel the sale. The refund will be made by the same means as the one used on the day of the order, or failing that, by bank check sent to the address provided by the Customer on the Site when creating his account.

 

12. Verification of the delivery and claim

The goods travel at the risk of the Customer, who is responsible for checking the good condition of the goods at the time of delivery.

Upon receipt of the products, it is the responsibility of the Customer to fulfill the following main obligations:

a) to be presented with the delivery documents by the carrier;

b) to check the number of packages and the condition of the products (external verification and verification of the contents of the packages). If necessary, the Customer must state on the carrier's delivery slip that the carrier did not witness the unpacking of the package(s);

c) to accept the delivery as soon as the products are in conformity with the order and this, even in the event of damage, by signing legibly the delivery order or the transport receipt and by adding the stamp of its establishment and the name of the person having received the delivery on behalf of the Customer;

d) in the event of damage, to formulate precise reserves on the original receipt of the carrier. Reservations that are not significant, clear and complete and that do not identify the damaged products are not admissible. It is necessary to date and sign the reserves;

e) within three working days, confirm these reservations by registered letter addressed to the carrier;

Without prejudice to the measures to be taken with respect to the carrier, complaints about apparent defects or non-conformity of the products delivered must be made by e-mail, fax, telephone or mail to the Seller within seven (7) days of delivery of the said products.

Any return must first be formally approved by the Seller.

In the absence of any reservation notified to the carrier and/or the Seller in the aforementioned conditions, the products shall be deemed accepted by the Customer and no claim relating to their condition shall be accepted a posteriori.

Any claim sent to us that does not comply with this procedure will prevent the replacement or establishment of the credit corresponding to the damaged or missing products.

 

13. Accessibility

The products are delivered to any place on the French metropolitan territory designated by the Customer during the ordering process by truck or any equivalent means of transport. Consequently, the products are deemed to be available to the Customer on the date of loading. If this delivery is delayed for a reason beyond the control of the Seller, it shall be deemed to have been made on the date agreed for loading.

The delivery address must be accurate and include all necessary details. It is the Customer's responsibility to ensure the accessibility of the place of delivery and to inform the Seller or the carrier of any specific accessibility problem related to the delivery.

In the event of accessibility problems, the additional costs incurred (second delivery by the carrier, etc.) will be billed in full to the Customer.

 

14. Partial Deliveries

Unless otherwise specified on the order form, the Seller will immediately ship items constituting homogeneous lots, usable and available in its warehouses; the order balances will be subject to additional deliveries at a later date. All products on the Site or in the catalog are offered subject to available stock. The Seller will inform the Customer by e-mail in case of stock shortage.


15. Retention of Title Clause

The Seller retains ownership of the goods sold until the effective payment of the full price. These provisions do not prevent the transfer to the Customer of the risks of loss and deterioration of the products sold as soon as they are loaded by the carrier.


16. Guarantees

The warranty is strictly limited to the repair or replacement of products affected by an apparent defect or lack of conformity, excluding any compensation, for any reason whatsoever. The differences in dimensions, colors and weight of materials subject to variation due to their nature or their mode of manufacture are not subject to any guarantee.

 

17. Comments on the site

A comment space on the products is available to the Customer.

In accordance with Article 52 of Law No. 2016-1321 of October 7, 2016 for a Digital Republic, it is specified that the Seller does not moderate this content in any way.

The Customer undertakes to write only one comment per product and ensures that his comment does not include :

- a hypertext link to another site than the Seller's,

- defamatory remarks concerning the commented product, the Seller or its suppliers,

- comments contrary to good morals and generally contrary to the law.

Any Customer or visitor to the site may inform the Seller of the existence of comments contrary to this article by e-mail to the following address: " contact@alsaceprotection.com ". The Seller reserves the right to delete any comment that does not respect its rules.

 

18. Complaints

Any complaint concerning the quantities, the products ordered and the condition of the products must, in order to be admissible, be addressed to the Seller within seven (7) calendar days following receipt of the goods. Any claim deemed to be well-founded will give rise to a credit note net of taxes.

 

19 - Force majeure

Any event beyond the control of the Vendor due to force majeure, as defined in Article 1218 of the French Civil Code (such as, but not limited to, strikes, floods, fires, disruptions or interruptions in transportation, difficulties in the supply of raw materials or energy), shall suspend the performance of its obligations in question for the duration of the force majeure event.

 

20 - Termination

Without prejudice to any compensation that may be obtained or claimed, in the event of non-compliance by the Customer with any of its obligations, in particular, in the event of non-payment, as well as in the event of actions by the Customer that are detrimental to the reputation and/or brand image of the Vendor, the Vendor shall be entitled to terminate all or part of the order. Such termination shall take effect eight (8) calendar days after notice of default has been given by registered letter with acknowledgment of receipt, which has remained unsuccessful.

 

21. Operation of the Site

The Seller excludes its responsibility for any damage resulting from an interruption, a dysfunction of any kind, a suspension or the impossibility of access to the Site, and this for any reason whatsoever, in particular because of a technical dysfunction, network or electrical cut and any case of force majeure leading to a discontinuity of the service as well as for any material or immaterial damage which would result in any way from the connection to the site or any other site connected by a hyperlink.

 

22. Computer archiving

Any contract concluded with the Customer shall be archived by the Seller for a minimum of five (5) years, in accordance with Article L.110-4 of the French Commercial Code.

The Customer acknowledges that the order procedure and these GTC are concluded online and constitute an "electronic contract" between the Customer and the Seller, within the meaning of Articles 1125 et seq. of the Civil Code.

The Customer agrees that the Seller may archive this information for the purpose of tracking transactions.

 

23. Personal data

In accordance with the amended Act No. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties and the European Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, the Seller informs any user of the Site and any Customer that it respects the confidentiality, integrity and security of the data that the latter may be led to communicate to it through the Site. The Customer has, by virtue of these provisions, a right of access, rectification, deletion and opposition to the processing of data concerning him/her by sending a request to the Seller at the address of its registered office mentioned in Article 1, or by e-mail to the following address: "contact@alsaceprotection.com", and by enclosing a copy of his/her identity card with his/her request.

The Vendor collects and keeps the data exclusively and for the duration strictly necessary for the execution of its services and in case its contractual and/or tortious responsibility is brought into play. Beyond this period, personal data will no longer be kept.

The Vendor may use the information provided by the Customer for any purpose, in particular to target advertising banners, to improve the use of the Site or to monitor compliance with the law and the terms of these GTC.

The Seller reserves the right to transmit the Customer's data to commercial partners. In accordance with Article 5 (1st paragraph), a) and Article 12 of the European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, the Seller undertakes to inform the third parties to whom the information has been communicated of the Customer's use of the right of access, rectification, deletion and opposition to the processing of data concerning him.

 

24. Cookies

In order to better serve the Customer, the Vendor measures the number of pages viewed, the number of visits, as well as the activity of visitors on the Site and their frequency of return. To this end, the Seller uses "cookie" technology. A cookie does not identify the Customer or a user of the Site. Cookies record information relating to the navigation of any computer device (computer, smartphone, etc.) on the Site.

The data collected by the cookies are only and strictly intended for internal use and are never transmitted to third parties. The use of cookies, own or third party, not being necessary for the functioning of the Site, requires the express consent of the Customer. The Customer can express his consent or his opposition to the use of cookies by setting his browser appropriately.

 

25 - Completeness of the conditions

A change in legislation, regulations or a court decision rendering one or more clauses of these GTC null and void shall not affect the validity of the other stipulations of these GTC.

 

26 - Litigation

The French law is only applicable with exclusion of the Vienna Convention on the international sale of goods

of goods of April 11, 1980. Any dispute concerning the validity, interpretation, performance, resolution or termination of the order and/or these terms and conditions, which cannot be resolved amicably within 60 days of the sending of a registered letter with acknowledgement of receipt notifying the claim, shall be submitted to the Strasbourg Commercial Court.

Under no circumstances shall the contractual liability of the Seller, as it may be incurred pursuant to these GTC, exceed the amount of the sums paid or remaining to be paid by the Customer for the purchase of the product or products in question.

In accordance with article L. 612-1 of the French Consumer Code, the Customer has the possibility of resorting free of charge (except for possible legal and expert fees) to a mediation mechanism for the amicable resolution of any dispute. The Customer must, before any mediation, submit a written complaint directly to the Seller at the e-mail or postal addresses mentioned in Article 1 hereof.

The request for mediation must be made within one year of this written complaint, failing which it shall be inadmissible.

Mediation is not mandatory in accordance with Article L. 612-4 of the Consumer Code. The Customer and the Seller are free to accept or refuse the solution proposed by the mediator.

In no event shall the contractual liability of the Seller, as it may be incurred pursuant to these GTC, exceed the amount of the sums paid or remaining to be paid by the Customer for the purchase of the product(s) in question.

For any request for information relating to mediation and its operation, you can send your request by:

Postal mail:

C&C-Mediation
(CONSULTANCY and CONSUMPTION-MEDIATION)

37 rue des chênes

25480 Miserey Salines

E-mail : conseils-consommation@orange.fr

For any request for mediation, please click here to contact the mediation: " Contact the mediation ".

 

27. Intellectual property

All the elements of the Site (in particular contents, codes, architecture, hypertext links, etc.) are protected under copyright and trademark law.

Their use without the prior written authorization of the Seller or other rights holders is likely to constitute an infringement and may give rise to legal proceedings.

Except with the prior and express authorization of the Vendor, by connecting to the Site, the Customer shall refrain from copying or downloading all or part of its content. In particular, the following are prohibited: the extraction, reuse, storage, reproduction, representation or conservation of quantitatively or qualitatively substantial parts of the Site, in any form whatsoever, including these GTC.



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