The merchant site "www.alpha-designs.fr" is an e-commerce site accessible via the Internet, open to any user of this network. It is published by ALPHA DESIGNS, a simplified joint-stock company registered with the BESANCON RCS under number 831 073 184, with a share capital of 37 000 euros, whose registered office is 31 rue de la république à 01200 BELLEGARDE-SUR-VALSERINE.
The Site allows SAS ALPHA DESIGNS to sell bathroom equipment, household goods, consumer electronics, leisure and camping equipment, garden equipment, animal accessories, stationery, car accessories and toys to Internet users browsing the Site. For the purposes hereof, it is agreed that the Customer and SAS ALPHA DESIGNS shall be collectively named the Parties and individually named one Party.
It is specified that purchases of Products on the site are reserved for individuals over 18 years of age and having full legal capacity.
Any order of a product offered on the Site implies the Customer's full and complete adherence to these Terms and Conditions of Sale. SAS ALPHA DESIGNS reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site at the time of placing the order.
The present General Conditions of Sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site. They form a contractual whole with the summary purchase order and invoice communicated to the Customer and apply to the exclusion of any other document.
In the event of any inconsistency or discrepancy between the terms of these three documents, the documents should prevail in the following order:
the summary order form,
the present General Conditions of Sale.
Opposability of the general conditions of sale:
Any order taken for a product appearing in the online shop of the site of the SAS ALPHA DESIGNS presupposes consultation and prior acceptance of these general conditions of sale. The click of validation of the order implies full acceptance of the present conditions. This click has a digital signature value.
Thus, the fact of placing an order implies full and unreserved adherence by any buyer to these general terms and conditions of sale, to the exclusion of any other document such as prospectus or catalogues issued by SAS ALPHA DESIGNS and which have only an indicative value. No special conditions may prevail over the general terms and conditions of sale unless expressly agreed in writing by SAS ALPHA DESIGNS. Any contrary condition opposed by the buyer will be, in the absence of express acceptance, unenforceable against SAS ALPHA DESIGNS, whatever the time when it may have been brought to its attention.
Prices are indicated in euros, inclusive of all taxes, excluding delivery charges and free of charge, which are always charged to the Customer. It is specified that the value added tax is the one in force on French metropolitan territory on the day of the validation of the order.
The prices applied are those communicated on the Site and confirmed to the Customer during the validation of the order in accordance with article L 113-3 of the Consumer Code.
Any duty, tax or service to be paid in accordance with the French regulations or a transit country are to be borne by the Customer. Prices may vary during the course of the year. The products ordered on the Site are at the rate in force at the time of registration of the order.
Promotional offers are only valid for the duration mentioned on a case-by-case basis and only within the limits of available stocks.
SAS ALPHA DESIGNS reserves the right to modify the General Terms and Conditions of Sale at any time. The Customer will be informed by posting on the Website and/or sending an e-mail. If the Customer intends to refuse the new conditions of sale, it will be up to him to stop placing any new order. In any case, an order placed on the Site following changes to the general conditions of sale will be deemed acceptance of these.
In the event of the display of an erroneous, obviously ridiculous price (wrong price), whatever the reason (computer bug, manual error, technical error.), the order - even validated by the Company - will be cancelled, which it will inform the Customer as soon as possible. The customer will then be able, if he wishes, to reorder at the correct and exact price.
The Customer who wishes to purchase products, declares that he has full legal capacity. However, a person who is incapacitated, if he or she cannot in any way purchase from the Site, may be a User of the Site. The consultation of the Site and the services it offers are then under the responsibility of its legal representative. In any case, when transmitting personal data, the legal representative will have to compile the registration form himself the stipulations relating to the personal data that are of course applicable.
Every new Client must fill in the fields proposed to him/her to create his/her profile, which will be accessible in the "My Account" section. The Customer must accurately fill in the form at his disposal, on which he must indicate the information necessary for his identification, including a valid e-mail address and a password of his choice (which will be personal and confidential) which will subsequently be used to identify himself on the Site. Any Customer who already has a Customer Account must identify himself after clicking on "Continue with your order", by entering his e-mail address and password.
The Client agrees that the seizure of these two identifiers constitutes proof of his identity, in accordance with article 1316-1 of the Civil Code.
The Customer may then, within the framework of a session, choose the products of his choice on the Site within the limits of available stocks. If he wishes to have a gift delivered, he shall also indicate the name of the recipient and the place of delivery.
An order is definitively placed and binds the Customer, as soon as the latter confirms the order by clicking on the button "Send order". The Customer is obliged to pay the amount shown at the end of the verification process, as well as the delivery costs as set out in the Conditions of Sale in the "Delivery" article. All orders transmitted to SAS ALPHA DESIGNS are irrevocable for the Customer unless the Vendor agrees in writing. The order is definitively taken into account by SAS ALPHA DESIGNS only after full payment of the invoiced amount for the order.
The Customer receives by email, at the latest before delivery, an acknowledgement of receipt summarizing his order. The Customer agrees that the purchase order shall be considered as proof of the contractual relations between the Parties.
SAS ALPHA DESIGNS reserves the right to cancel or suspend an order placed on the Site in the event of a violation by the Customer of any provision of the Terms and Conditions of Sale or if there is, with the Customer, a dispute relating to the payment of a previous order.
The Products offered for sale by SAS ALPHA DESIGNS are those listed on the Site on the day of its consultation by the Customer. Each Product will be the subject of a descriptive sheet which, in addition to the photograph, will contain: the price, the sizes and colors available, the composition, as well as the particular characteristics. Minor differences between a product and its photograph may exist, depending on the resolution and color definition of the user's screen.
SAS ALPHA DESIGNS undertakes to deliver Products that comply with the current regulations on personal safety and health in accordance with European regulations, in particular the legislation on controlled chemical substances.
Every effort has been made to ensure the accuracy of the information presented on the SAS ALPHA DESIGNS website. The latter or its suppliers are nevertheless not responsible for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted, even if SAS ALPHA DESIGNS is aware of the possibility of such damages. Product and manufacturer names and trademarks are used for identification purposes only. Photos and descriptions are not contractual.
Availability of the goods:
The offer of products on the Site is made only subject to available stocks. Thus, its responsibility could not be engaged in any way in the event of stock shortage. In the event that the ordered item is unavailable, SAS ALPHA DESIGNS will inform the Customer within three days by email. The order will be automatically cancelled for the product concerned. The Customer may, at its option, be reimbursed the price of the unavailable product, without additional compensation, or benefit from a credit note equal to the price of the unavailable product. He will be able to make known his choice by simple return of email to the address: email@example.com
Conditions of payment:
The payment, by the Customer, of the products offered on the Site is made exclusively in euros (€). The amount to be paid is the total amount including all taxes of the products ordered, plus the shipping costs as determined in the Conditions of Sale to the article "Delivery". Payment will have to be made:
by credit card, Visa or Mastercard
either by Paypal
or by bank transfer to the account of SAS ALPHA DESIGNS.
SAS ALPHA DESIGNS uses the services of BNP Paribas bank to pay for online orders. The Site is equipped with a secure online payment solution Braintree. The card numbers and validity date of the card are encrypted before being sent over the protocol to ensure the security of the transmitted information.
If payment is refused by the bank for lack of funds, any order in progress will be suspended.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount of the price indicated. The customer certifies on his honour that he is the legal holder of the card to be debited and that he is legally entitled to use it.
Once the payment has been accepted, SAS ALHA DESIGNS undertakes to ship the order within 24 hours, working days. Exceptionally, orders received on Friday or Saturday will be shipped on Monday.
A tracking NO will be communicated to the Customer by email so that he can follow the delivery of his parcel.
Deliveries are sent to the address indicated on the order form and insured by the Post Office. Any details useful for the delivery of the parcel must be made by the Customer.
The price of the delivery in mailbox is 9.90 euros including all taxes for all parcels to France.
These prices will be increased in a correlative manner with each increase in postal rates. Also, these are given for information only.
The parcels are delivered by post in metropolitan France, at the Customer's premises, within approximately 72 hours from the final acceptance of the order by SAS ALPHA DESIGNS.
Deliveries are made from Monday to Friday, between 08h00 and 18h00.
During the Christmas and Valentine's Day periods (20 October to 31 December and 15 January to 15 February respectively) or sales periods, SAS ALPHA DESIGNS reserves the right to extend the delivery time according to the influx of orders received.
Generally speaking, the time limits mentioned on these general conditions and on all commercial documents are given as an indication only.
Possible delays do not entitle the Customer to cancel the order, to refuse the goods or to claim damages, except as provided in the provisions of L. 138-2 et seq. of the Consumer Code.
The Seller provides a telephone contact (cost of a local call from a landline) indicated in the order confirmation email to follow up the order.
The goods travel at the risk and peril of the recipient. The carrier, namely the Post Office, is solely responsible for any delay in delivery, theft, loss or damage during delivery. It is therefore the Customer's responsibility to make complaints to the carrier by registered letter with acknowledgement of receipt within three days of receipt of the goods and to simultaneously send a copy to SAS ALPHA DESIGNS.
The Seller reminds that at the moment the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him in accordance with articles L. 216-4 of the Consumer Code.
The Customer can contact the after-sales service by e-mail at the following address: firstname.lastname@example.org.
He can also write to the following address: SAS ALPHA DESIGNS 8 rue de la Brasserie 25300 PONTARLIER.
In accordance with article 121-20 of the Consumer Code, the consumer has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs. The period shall run from receipt of the goods or acceptance of the offer for services.
Any return can be reported in advance to the customer service of SAS ALPHA DESIGNS.
The address to send the products in case of return is as follows:
WINT Internet-Handel UG (haftungsbeschränkt)
If the Customer wishes to return a product, the SARL ALPHA DESIGNS will send him a return voucher which he must stick on the box. A message on the website under the heading "return" will inform him of this procedure:"Warning, use only our return voucher! The address of our return warehouse is automatically displayed there."
Only products returned in their entirety will be taken back, in their original packaging complete and intact, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, except for shipping and return costs.
In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the refund of the sums paid or the exchange of the product. In the case of an exchange, re-shipment will be at the consumer's expense. Shipments in "postage paid by the recipient" or cash on delivery will be refused.
As a hygiene measure, the company informs customers that in accordance with Article L. 121-20-1 of the Consumer Code, this right of withdrawal may not be exercised for products bearing the mark of prolonged use exceeding the time necessary for its trial/test and/or dirty products as well as products including protective caps or seals that have been opened In fact, the latter will not be able to be returned by the buyer. Items damaged or soiled by the Customer will not be taken back and will remain in this condition in the shop of SAS ALPHA DESIGNS at the Customer's disposal.
In the event of exercising the right of withdrawal, SAS ALPHA DESIGNS will make every effort to refund the consumer within thirty days.
In case of return, the ALPHA DESIGNS Company must be previously informed by e-mail to the following address: email@example.com, the Customer must indicate his name and the order number. Alpha DESIGNS Company will send to the latter a return order to stick on the parcel which must be given to the carrier in charge of DHL or Colissimo deliveries. In accordance with the legal provisions, the Customer will find on the Company's website, under the heading "feedback", information concerning this procedure.
Reception - Claim - Return:
In addition to the arrangements to be made with the carrier as specified in the preceding article, any disputes concerning the quality, quantity or product supplied must be brought to the attention of SAS ALPHA DESIGNS within 48 hours of delivery by registered letter with acknowledgement of receipt or by e-mail to the following address: firstname.lastname@example.org, specifying the invoice number.
date of the order, the date of receipt of the parcel, the customer number and the detailed reasons for the complaint and return of the product.
It is the customer's responsibility to provide proof of claims. In any case, the customer will only be able to ask SAS ALPHA DESIGNS for the replacement of non-compliant products or the complement to fill the missing items, without the latter being able to claim any compensation or damages.
More precisely, in case of damage or non-conformity of the products received in relation to those ordered, the Customer may return them to SAS ALPHA DESIGNS, within 48 hours from the date of receipt, in the original packaging (in case of non-conformity) or in an appropriate packaging (in case of damage) to the following address:
WINT Internet-Handel UG (haftungsbeschränkt)
In the event of a return for damage or non-compliance, the costs of return will be charged to SAS ALPHA DESIGNS.
Upon receipt of the damaged or non-compliant products, SAS ALPHA DESIGNS will propose by email to the Customer either to exchange the said products for products in good condition and in conformity with the expectations of the Customer, or to make a credit note on the Site of an amount equal to the total amount of the returned products, without additional compensation. In the absence of a response from the Client within 15 days from the sending of the email by SAS ALPHA DESIGNS, the Client will be presumed to have opted for a credit note.
Subject to the foregoing provisions, the exchange or credit note, as the case may be, shall be made within fifteen (15) days following receipt of the damaged or non-compliant products.
In addition, in case of return the customer has a period of 15 days before the automatic conversion in credit. This credit note will be valid for a period of one year.
Except for special provisions, the rights granted hereunder are granted only to the natural person signing the order or the holder of the e-mail address communicated.
All Products benefit from the legal guarantee of conformity provided for in Articles L. 211 7 et seq. of the Consumer Code, as well as the guarantee of latent defects in Articles 1641 et seq. of the Civil Code, provided that normal use has been made of it and that the maintenance instructions have been followed.
If necessary, the Seller shall reimburse the buyer or exchange the defective product or not corresponding to the order placed.
The Seller recalls that the consumer has a period of 2 years from the delivery of the good to act with the Seller.
The liability of SAS ALPHA DESIGNS cannot be held liable for a contractual non-performance, without the list being exhaustive, in the following cases: in case of inaccuracy of the information provided on the Site; in case of technical problems preventing access to the Site; in case of shortage of stock or unavailability of a product offered on the Site; in case of total or partial disturbance or strike, notably postal services and means of transport and/or communication; in case of force majeure; in case of delay or damage in the delivery of the ordered products when these are due to a fault of the Customer, to an unforeseeable and insurmountable fact of a third party in the contract, or to a case of force majeure; in the event of physical damage caused to the Customer as a result of the use of the products ordered via the Site when this damage is due to a fault of the Customer, to an unforeseeable and insurmountable event of a third party in the contract, or to a case of force majeure; in the event of indirect damage linked to the use of the products, including, but not limited to, loss of turnover, loss of profit, business interruption, loss of opportunity, damage or costs.
More generally, SAS ALPHA DESIGNS or its carriers cannot be held responsible for cases of force majeure and their direct or indirect consequences on the goods and packaging. An event of force majeure is understood to mean any fact preventing the total or partial execution of the order which could not be overcome despite the due diligence of SAS ALPHA DESIGNS, its subcontractors, suppliers or co-contractors. The following are considered to be cases of force majeure, but this list is not exhaustive: accidents affecting the production, manufacture, storage, marketing or transport of products, fire, flooding, breakdown of machinery, strikes, war, inability to supply raw materials, epidemics and any other cause attributable to our suppliers.
The fact of placing an order, imposes on the Customer to accept delivery of the ordered products and to pay the price, as well as the inherent shipping costs, customs duties, value added tax and or any other taxes related to the importation of the products in the country of delivery and more generally to respect the laws of your country of domicile as well as our general conditions of sale. SAS ALPHA DESIGNS cannot be held responsible for products that may be banned in certain countries or for customs duties and other additional taxes.
The elements contained in this site such as the texts, drawings, trademarks, logos, trade names, product names, titles, sounds and music, graphics, videos, user interface, visual interface, photographs and source code, and without this list being restrictive, the operation and appearance of these contents, appearing on the Website are the property of SAS ALPHA DESIGNS and are protected by the texts relating to copyright, patents, trademarks.
Reproduction and/or partial or total use of these elements is authorized only for information purposes, for private and non-collective use. Any other use of the elements of the Site, in particular for commercial purposes, is prohibited.
Any Customer may contribute to enrich the content of the Site. In this hypothesis, the Client undertakes to grant SAS ALPHA DESIGNS, for the entire duration of the rights as provided for by the French legislation in force, the right to use its contributions which it has voluntarily sent to it, in the following circumstancesincluding, and without limitation, by reproducing, representing, distributing, translating, adapting, modifying, modifying, combining with other elements.
SAS ALPHA DESIGNS may collect personal data relating to Customers through the registration form on the Site. It may automatically collect information relating to Customers by means of cookies, under the conditions defined in these Terms and Conditions of Sale in the "Cookies" section below.
All personal data collected will be automatically processed for the purpose of processing and processing orders, invoicing. These data will be considered strictly confidential and will not be communicated to third parties for any reason whatsoever.
In accordance with Articles 39 et seq. of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by Law No. 2004-801 of 6 August 2004, the Client has the right to access, rectify and delete information concerning him/her, in the "my account" section or by sending an email mentioning his/her first and last name, to the following email address: email@example.com
When a Client visits the Site, a cookie may be implemented on his computer to collect information that can be read during subsequent visits and this, for the sole purpose of improving the service provided by SAS ALPHA DESIGNS to his clients. A cookie does not allow the latter to identify the Client. However, the latter can oppose the implementation of "cookies" on his hard disk by configuring his browser.
For technical reasons, however, the Customer is informed that certain parts of the Site may only be accessible to him if he accepts the implementation of cookies.
Partial invalidity / Non-waiver
If one or more provisions of the General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other provisions shall retain all their force and scope.
SAS ALPHA DESIGNS and the Client agree to replace the invalid or invalid clause with a clause that is closest in content to the clause initially agreed upon.
The fact for SAS ALPHA DESIGNS or the Client not to avail itself of a breach by the other party of any of the obligations referred to in the Conditions of Sale shall not be interpreted, for the future, as a waiver of the obligation in question.
Any contractual amendment shall only be valid after a written and signed agreement of the parties.
Applicable law and jurisdiction in case of dispute
The present general conditions of sale and more generally any contract of sale or provision of services concluded by SAS ALPHA DESIGNS is subject to French law. This is the case for both substantive and formal rules.
In the event of any dispute of any kind or contestation relating to the formation or execution of the order, the courts of BESANCON shall have exclusive jurisdiction, regardless of the place of the order or delivery, even in the event of a guarantee call or multiple defendants.