CGV & Legal notice
General conditions of sale applicable on the site wwww.alisonofkem.com
Effective date: 01/08/2020
These general conditions of sale apply without restriction or reservation to the whole
online sales offered by Alison Ofkem Paris on the website www.alisonofkem.com
The Site is an electronic 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 for 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 page of the Site.
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, if necessary, 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 the company ALISON OFKEM PARIS, SAS, registered with the RCS of Nanterre under number 884 375 295 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 : firstname.lastname@example.org
3. LEGAL CAPACITY AND ACCEPTANCE OF GENERAL CONDITIONS
3.1 Legal capacity
The Site is accessible:
- To any natural person having 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 agreement 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 Purchaser is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance subject to reservation 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 Purchaser may order one or more Products without first registering on the Site. However, he may choose to register on the Site by completing the form provided for this purpose.
In all cases, the Buyer must provide all the information marked as mandatory. In the event that the Purchaser wishes to register on the site, any incomplete registration will not be validated.
Registration automatically results in the opening of an account in the name of the Purchaser (hereinafter: the “Account”), giving him access to a personal space (hereinafter: the “Personal Space”) which allows you to manage your 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 form isare accurate, up-to-date and sincere and are not vitiated by any misleading nature.
He undertakes to update this information in his Personal Space in the event of any changes (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 purposes of creating or updating his Account is proof of his identity. The information entered by the Purchaser binds him as soon as they are validated.
4.2 The Purchaser can access his Personal Space at any time after identifying himself using his connection identifier and password.
The Buyer undertakes to use his Account personally and not to allow any third party to 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 the latter being deemed to have been made by the Purchaser. 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 acknowledges Alison Ofkem's right to take all appropriate measures in such a case.
5. PRODUCT FEATURES
Before any online order and in application in particular of the provisions of Article L111-1 of the Consumer Code, the Purchaser can take note, on the Site, of the characteristics of each Product he wishes to order.
The Buyer has the possibility of:
- Order the Product he wishes to buy online, within the limits 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 precise as possible. They engage Alison Ofkem only for what is precisely indicated. The Buyer 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 Buyer.
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 basket.
He can access the summary of his basket at any time as long as the order is not
not definitively validated and can correct any errors in the elements entered.
The order is deemed 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 contain 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 nature.
He is informed and accepts that this information constitutes proof of his identity and binds him as soon as they are validated.
6.2 Order confirmation
After validation of his order, the Purchaser receives a confirmation by email which:
(i) summarizes the elements of the order and the expected timeframe 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) include 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 thereof, the Purchaser must contact Alison Ofkem at the contact details mentioned in article 2.
Alison Ofkem recommends that the Purchaser keep the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Purchaser upon receipt of the email from conformation of his order.
7. PRICES 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 discretion and in accordance with the 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 Purchaser.
The applicable price is that displayed on the Site when the Buyer's order is recorded.
Warning: Outside the European Union as well as in the French overseas departments and territories, customs duties or local taxes may 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 cannot inform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and / or formalities relating thereto.
7.2 Terms 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 service provider, the payment is made by the payment service provider concerned, which alone keeps the User's bank details for this purpose. Alison Ofkem does not keep any bank details.
The Buyer guarantees to Alison Ofkem that he has the necessary authorizations to use the chosen payment method.
Alison Ofkem reserves the right to suspend or cancel any order and / or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempt 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 applicable as of right to the unpaid amounts from the first presentation of a formal notice by registered letter AR.
Purchase invoices will be sent to the Purchaser by any useful means.
7.4 Retention of title
CAVAL retains full ownership of the Products sold until full payment is received, including delivery costs.
8.1 Territory of deliveries
Buyers are expressly informed that the Site only offers delivery of Products to the following countries:
- Metropolitan France, Corsica and DOM-TOM,
- 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 the Buyer as the "delivery address" (which may be different from the billing address), provided that it is located. in the territory of possible delivery for the Products concerned.
8.2 Delivery methods
The delivery of the Products ordered on the Site is made to the address indicated during the Buyer's order 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 product categories and their weight.
The Purchaser 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 Purchaser 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
Delivery is made within the time period indicated in the order confirmation email.
The Site mentions, for each Product offered for sale, indicative delivery times according to 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 when ordering, this period can only be indicated to the Customer by email from the moment from which the Product will be back in stock.
In the absence of delivery within the above period, the Purchaser may cancel the order, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having instructed Alison Ofkem, under the same terms, to 'make the delivery within a reasonable additional time, it has not been completed within this time.
The contract is considered terminated upon receipt by Alison Ofkem of the letter or writing informing her of this resolution, unless it has been fulfilled 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 to which the contract will have been terminated.
Alison Ofkem reserves the right in any case to approach the Purchaser in order to offer him alternative solutions for reimbursing the price of the Products and costs. Delivery. The Purchaser must expressly express and on a durable medium his acceptance of the choice of an alternative reimbursement method.
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 pay penalties, with the exception of the return costs which remain at his charge and for which he will have to discharge.
The Buyer who wishes to exercise his right of withdrawal must, before the expiry of the above period, complete the form made available 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 Purchaser, of his wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible for any deterioration of the Products when they are returned to Alison Ofkem.
All products sold in promotion will not be refundable, an exchange will be possible within the limit of stock.
10. EXCHANGE OF PRODUCTS
The Purchaser has 14 days, from the date of receipt of the Products ordered, to request the exchange of the Product ordered for 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 period within which the requested Product will be available, or offer him an alternative Product.
All products sold in 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 procedure indicated on the Site.
Alison Ofkem will offer to organize the return arrangements with the carrier of her choice, 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 Purchaser, of his wish to exchange the product. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible for any 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 legal guarantees of non-conformity as well as due to hidden defects in the item sold, including any lack of conformity resulting from the packaging of the Products ordered on the Site.
If the Purchaser 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 it any useful proof, in particular in the form of photograph (s).
Alison Ofkem will organize the return arrangements with the carrier of her choice, which she will inform
the Buyer by any useful means. Alison Ofkem will bear the costs of this return.
The Products must be returned new to Alison Ofkem in their original packaging.
They must be accompanied by a copy of the corresponding purchase invoice.
Product returns that do not comply with the terms described above cannot be taken into account.
Alison Ofkem will carry out the necessary checks and propose to the Purchaser the replacement of the Product as far as possible. If the replacement of the Product is impossible, Alison Ofkem will reimburse the Buyer for 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 verify the suitability of the Products for their specific needs prior to the purchase of said Products.
They must also take the necessary measures to safeguard 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 the Buyers' responsibility to take all appropriate measures to protect their own data and / or software stored on their computer equipment against any attack.
13. RESPONSIBILITY OF Alison Ofkem
13.1 Alison Ofkem undertakes to carry out regular checks in order to verify the functioning 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 of access to the Site which may have originated from circumstances which are external to it, force majeure, or which would be due to disruption of the telecommunications networks.
13.2 Alison Ofkem does not provide the Buyer with any guarantee as to the suitability of the Products to its needs, expectations or constraints.
13.3 In any event, the liability that may be incurred by Alison Ofkem hereunder is expressly limited to the only proven direct damage 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 database producer rights in force. All disassembly, decompilation, decryption, extractions, reuse, copies 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 the subject of legal proceedings.
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 Purchaser is expressly invited to read.
Alison Ofkem reserves the right to insert on any page of the Site and in any communication to Buyers all 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) that the Buyer would access through the Site.
Alison Ofkem is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer is directed through the Site and can not under any circumstances be party to any possible 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) all intrusions or attempted intrusions into Alison Ofkem's systems, (iii) any misappropriation of system resources of the Site, (iv) all actions likely to impose a disproportionate load on the latter's infrastructures, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and financial, commercial or moral interests of Alison Ofkem or of 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 the laws and regulations in force.
18.2 It is also strictly forbidden to cash in, sell or concede all or part of access to the Site, as well as to the information it contains.
18.3 In the event of a breach of any of the provisions of this article or, more generally, of breaches of laws and regulations, Alison Ofkem reserves the right to take all appropriate measures and initiate any legal action.
The Buyer can unsubscribe from the Site at any time, by sending a request to this effect to Alison Ofkem by email, at the contact details mentioned in article 2.
The unsubscription is effective within a maximum period of 14 (fourteen) days from this request. It results in 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 on the meaning of a term or a provision.
The Purchaser has the right to have recourse free of charge to a consumer mediator with a view to 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 as to the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge them, except for mandatory procedural rules to the contrary.