The terms and expressions defined hereafter, when preceded by a capital letter, carry the following meanings: “Buyer”: any natural person taking actions not within their commercial, industrial, artisanal, or liberal activity; “Order”: any and all commitment by the Buyer to purchase one or more products on the Website; “GCOR”: general conditions for online retailing that are presently detailed; “Delivery Time”: period between the date of the Order Confirmation and the date of reception of the Order by the Buyer; “Personal Account”: secured account created by the Buyer, allowing them to take Orders to be delivered at their indicated address. “Delivery Fees”: totality of the fees paid by the Company to bring the Order to the delivery address indicated by the Buyer; “Products”: the sunglasses and other articles sold on the Website; “Website”: the website edited by the Company AL/GER and accessible at www.lunettes-alf.com “Company”: the Company AL/GER the identity of which is specified in Article 1; “Order Confirmation”: date at which the Buyer confirms their purchase via the validation click, in accordance with the clauses in Article 2; The references to Articles are references to the Articles contained in this here contract unless explicitly stated. Any reference to the singular includes the plural, and vice versa. Any reference to a gender includes the other gender.
The Website is edited by the Company AL/GER, SAS with a 50 000 euros capital, matriculated at the register du commerce et des sociétés de Paris under the number 829 187 855 and the head office of which is located 26 rue Philibert Delorme, 75017 Paris, Siret 829 187 855 00012, VAT number intracommunity FR 32829187855 and represented by Alexis Bouchara. The Company can be reached by email by clicking on the contact form available on the homepage of the Website. The Website is hosted by OVH the head office of which is located at 2 rue Kellermann, 58100, Roubaix and reachable by phone at 1007. The positions of director of publication and editing of the Website are held by Alexis Bouchara. The Website is free of access and use to all web users. Its purpose is the presentation and sale of the Products to Buyers.
Voiding and modifying the GCOR
If one of the clauses of the here present GCOR is voided, it would not void any other clauses which will stay in place. In accordance with the stipulations of Article 2 of the GCOR, the Company reserves the right to modify the GCOR at any moment, by publishing a new version on its Website. Any contractual modification posterior to an Order Confirmation will not be imposed on the Buyer.
Applicable rights and relevant tribunals
All the clauses in the here described GCOR, as well as all the operations it mentions, are subject to French Law. For any reclamation about the usage of the Website, its content, Orders, and more generally for any issues with the GCOR, the Buyer can contact customer service as explained in Article 8. If no amicable resolution is possible, any issue regarding the purchase of Products on the Website or more generally in relation to the Website is under the jurisdiction of French tribunals, regardless of where the Buyer resides and/or wherefrom the Oder was made.
The Company’s obligation to subscribe to the here described GCOR is suspended in fortuitous cases or in case of force majeure that would stop the Company from doing so. The Company will notify the Buyer as soon as possible when such an event takes place.
Intellectual property rights
The brands, domain names, products, softwares, images, videos, texts, and more generally any information that can be considered intellectual property are and will remain the exclusive property of the Company. No transfer of intellectual property is made through these here present GCOR. Any reproduction, in whole or in parts, modification, or use of these goods for any reason is strictly forbidden.
Exonerations of the Company’s responsibility when this here current contract is enforced
When the Website is unavailable, due to technical issues or any other reason, the Buyer cannot pretend to damages and cannot ask for any indemnities. Both parties explicitly recognize that the Company can only execute its obligations after the Order Confirmation when it has in its possession all the elements required and requested during the Order process. When a package is delivered in an obviously deteriorated fashion, it falls on the Buyer to refuse the package to be able to use the transporter warranty, as defined in Article 7 of the here present GCOR. They will also need to inform the Company as quickly as possible, so that a new package may be prepared and sent as soon as the damaged package arrives. In such a case, the delivery delays aforementioned are no longer applicable. The unavailability, even prolonged and without a limit, of one or more Products, cannot constitute a damage to the Buyer and cannot lead to the payment of damages and interests from the Company. The visual representation of the products, as displayed on the Website, are guaranteed as faithful to reality, in order to fulfill its informative obligation. However, in the current technical state, the appearance of these representations, in particular in terms of shapes and colors, can vary from one computer screen to another and differ depending on the quality of the graphics, screens, and image resolution of the Buyer’s equipment. These variations cannot be imputed to the Company which cannot be held liable in these cases. Hypertext links present on the current Website can lead to other websites and the current Website’s editor cannot be held liable if the content of these third-party websites is in violation of the current law. Similarly, the editor of the present Website cannot be held responsible if a visit by a web user to a third-party website causes the web user damages.
In accordance with the Loi Informatique et Liberté of January 6th 1978 in its latest applicable version and with European Data Protection Regulation 2016/679 of April 27th 2016 that came into work on May 25th 2018, the Buyer is given a right to access, rectify, erase, limit, portabilité, opposition to the use of their personal information and right to define what should be done with their personal information in the event of their death. To exercise this right, the Buyer should demand to do so to Customer Service in the conditions specified in Article 8 of this here present GCOR. At any moment, the Buyer can also put in a reclamation to the Comission Nationale de l’Informatique et des Libertés. The Company endeavors to provide appropriate security measures for the protection of the Buyer’s personal information, including against the unauthorized or illicit treatment, against loss, destruction, or accidental damages, using technical and organizational appropriate measures (integrity and confidentiality). The Company AL/GER cares greatly about the protection and respect of the Buyers’ private life. This here present policy’s goal is to inform of our practices relative to the collection, usage, and sharing of the information that Buyers are brought to giving us through our website www.lunettes-alf.com. Modifications can occasionally be implemented, therefore we invite you to regularly come to this page to make sure you possess all the important information. For any questions relative to this policy, you can contact us by email at: firstname.lastname@example.org. The type of data collected The following type of data is susceptible to be collected:
- Those necessary to the subscription to the service we offer on our Platform or to the access of any other service we provide. These data include among other things: your first and last name, your email address, your phone number. It is mandatory to provide this information.
- Data linked to your position once you have accepted that we collect and use these data for the delivery of your order.
- In the case where you connect to our services through social media, the SAS AL/GER will have access to some data (most notably your first and last name, photographs, email address, number of facebook friends) linked to your account on the social network in accordance with their general terms of service. We are also likely to register some of your personal information when you interact on such websites with functions such as the “Like”.
- Without any action from you, we will conserve your data for 10 years after your last visit.
- Your data is conserved in the European Union.
- Execute the sale concluded between you and us to provide you with the information and services asked for.
- To send you information about our services by email, text, or any other way of communication.
- To send, in accordance with the law and with your agreement when the law necessitates it, marketing, advertising, and/or promotional messages and information relative to the usage of our services, or to suggest and advise goods and services that might interest you. We might also use your data to address individualized marketing and/or advertising on social networks and other third-party websites.
- To help us preserve a safe and secure environment on our Website.
- To evaluate the efficacy of our advertising messages and to adapt them to our members.
- Social network websites
- Our commercial partners on whose websites we are likely to advertise our services.
- The subcontractors the services of which we require, or analytical solutions providers.
- The members of our team, when in direct contact.
- Search engines and analytical solutions providers to ameliorate and optimize our Website.
- The authorities when we are legally forced to.
- A third party to which the Company might be transferred in part of in whole.
The creation of a Personal Account is indispensable to placing any Order by a web user browsing the Wesbite. To that end, the Buyer is invited to give a certain amount of personal information. The Buyer commits to providing accurate information and to not usurp the identity of another, nor to modify their age. Only the information marked by an asterisk is mandatory and allow the creation of the Personal Account and the placing of an order. During the creation of the Personal Account, the web user is invited to choose a password. This password constitutes the confidentiality guarantee of the information contained in the “my account” rubric and the web user is therefore forbidden to communicated that password to anyone else. If the password is shared with anyone else, the Website cannot be held responsible for unauthorized access to a web user’s account. This space also allows the Buyer to consult all their purchases made through the Website as well as all pending deliveries.
All Products sold on the Website are commercialized in the respect of the legal framework and rules in place and follow all the regulations necessary for them to be on sale. The mandatory displays required legally will be put in place on the website including the summarizing quote of the Order and the description of each Product. In case a bought Product is defective, the Buyer is granted, according to the dispositions in place in the Code Civil regarding legal warranties and hidden defects, a period of two years starting on the date of the discovery of the defect to ask for a replacement or a refund. Moreover, in the case where the Product is not in accord with Article L.221-5 of the Code de la Consommation, the Buyer is granted a period of two years starting from the receipt of the package to ask for a replacement or a refund. In order to exercise these rights, the Buyer should return the package to the Company at its headquarters: AL/GER SAS 26 rue Philibert Delorme, 75017 Paris, with a letter explaining why the Product needs to be exchanged or reimbursed. The fees to return the package, only in case of exchange, will then be reimbursed to the Buyer either by check or by wire transfer, in a maximum delay of thirty (30) days. Products acquired on the Website benefit from, other than the warranty for hidden defects defined by the Code Civil and the warranty of proper conformity imposed by Article L.211-5 of the Code de la Consommation that are still valid and applicable as defined above, a conventional warranty offered by the Company, of a duration of one (1) year starting on the date of the Order Confirmation. Hidden defects being a defect of the object that, under normal usage conditions, make it improper to the usage to which it is destined and the obligation of conformity being intended like the reception of the object contractually convened upon, the Company is in particular not responsible, even in the case of the conventional warranty, of the regular wearing down if he Products, of accidental damages or damages resulting from an abnormal usage of the Products.
- Customer Service: it is accessible by email at email@example.com or by mail at the headquarters: AL/GER SAS, 26 rue Philibert Delorme, 75017 Paris. The company is committed to bringing a response under five (5) business days after receiving a demand.
- Retractation right: In accordance with the law, the Buyer is allowed a period of fourteen (14) days after receiving the Order to ask its exchange or refund, without needing to motivate their decision. In order to exercise that right, the Buyer must return at (their expenses) the Product(s) to the address of the headquarters: AL/GER SAS, 26 rue Philibert Delorme, 75017 Paris, accompanied by a letter asking either the refund or the exchange. This right of retractation can exercised without any consequences. The Product(s) must be returned in their original packaging, in mint condition and not worn. The Buyer can then follow their refund or exchange demand via their Personal Account.
- Delivery delays: any delay of more than seven (7) days can lead to the Buyer cancelling the transaction, through a simple written demand sent by registered letter with recorded delivery. The Buyer will then be entirely refunded of the money they agreed to pay during the Order. This here clause does not apply if the delivery delay is due to force majeure, independent of the Company. In such cases, the Buyer agrees not to sue the Company and renounces to use this here current clause to get a refund.
Deliveries are made through the services of La Poste with a tracked parcel in Metropolitan France only. For any delivery outside Metropolitan France, the Buyer should reach out to customer service under the conditions outlined in Article 8.
- Mode of delivery: the Orders are delivered in Metropolitan France by La Poste and its partners.
- Delivery Address: the Buyer chooses a delivery address, without which Orders will be refused. The Buyer is the only one responsible for any delivery problems caused by not properly indicating their address during the Order. The Buyer authorizes the Company to communicate their identity and Delivery Address to La Poste and/or its partners.
- Delivery Time: Orders are delivered in fifteen (15) business days starting on the day the payment is processed. Some Products might however necessitate a longer delivery time. In those cases, it will be mentioned to the Buyer when they complete their Order.
- If the delivered Products do not correspond to the Order, the Buyer can reach out to Customer service under the clauses specified in Article 8. In that case, the return fee will be carried by the Company.
- Damages and partial losses: According to Article L 133-3 of the Code du Commerce, the reception of any Order foregoes any action against the transporter for any damages or partial losses if within three (3) days, not including holidays, after the reception, the Buyer has not notified the transporter by registered letter with recorded delivery, their contestation. A copy of that letter will also have to be sent to the Company by registered letter with recorded delivery. If the procedure is not followed, the stipulations of Article 14 of the here present GCOR will be applied.
The Buyer can pay for their Order with their card and PayPal. The credit cards accepted are those on the following networks: Carte Bleue, Visa, Eurocard/MasterCard. By giving the information relative to their credit card, the Buyer authorizes the Company to debit their card of the amount corresponding to the price of the Order. To that end, the Buyer confirms that they are the owner of the card being debited and that the name on the card is effectively theirs. The Buyer communicates the sixteen digits and the expiration date of the credit card, as well as the digits for the cryptogram. The price of the transaction is immediately debited on the Buyer’s credit card after verification of the data relative to the card and after reception of the debit authorization from the Buyer’s card’s issuing company. In the case here the price is impossible, the sale is immediately anulled in its own right and the Order is cancelled. However, in accordance with Article L. 132-2 of the Code monétaire et financier, in the case where a payment has been engaged, the commitment to pay using a credit card is irrevocable and incurs the obligation to pay for the price committed to by the Buyer. In the case of the fraudulent use of a credit card, the Buyer should reach out to customer service after having disabled their card, as specified in the clauses of Article 8.
Reservation of ownership
The Products remain the property of the Company until full payment.
The prices indicated on the Website are meant to be in Euros, all taxes included, and do not include the Delivery Fees, which are specified during the Order Confirmation. Those prices can be modified at any moment by the Company without any notice. The Products’ price is the one displayed on the Website at the moment of the Order Confirmation. The Delivery Fees are specified to the Buyer before any payment is confirmed and will be calculated in function of the delivery address. For any delivery outside Metropolitan France, the Buyer is invited to reach out to customer service.
The essential characteristics of the Products and their respective prices are available to browse by the Buyer on the Website. The Products are available in the limit of their availability. To purchase an Order, the Buyer can select one or more Products and add them to their cart. Once the Order is ready, they can access their cart by clicking on the relevant button. By consulting their cart, they have the ability to check the number and nature of Products they chose. They can check the Orders’ per-unit price or the global price, including the Delivery Fees. They will have the possibility to delete one or more Products from their cart and to modify the options. All the Products and services being billed or offered are summarized there. The Buyer’s ability to cancel their Orders and the appropriate delay during which they can do so is also indicated in that summary, as explained further in Article 8. If the Buyer wishes to validate their Order, the Buyer can click on the “Order” button. They will then access an identification form in which they can input their Personal Account’s details or create one by completing the form presented to them with the appropriate personal information. Once connected to their Personal Account (either directly or after validation of the form), the buyer will be invited to control or modify their billing and delivery information, to choose their mode of payment, and then to effectively pay through the secure interface “SCELLIUS V2.0” owned and operated by La Banque Postale. Once the payment is received by the Company, it commits to, in a maximum delay of 24h:
- To confirm the purchase to the Buyer via electronic way;
- To address the Buyer by email with a summary of the Order and confirming all the information relative to the Order and the Products ordered and their delivery.
Agreeing with the GCOR
The GCOR described here are applicable to all the sales that happen through the Website between a Buyer and the Company. The Company reserves the right to modify the GCOR presently described at any moment by publishing a new version on its Website. The Order Confirmation on the Website supposes an agreement with the GCOR by the Buyer. The GCOR applicable are then the ones in effect at the time of the date of the Order Confirmation. They are retrievable on the Wesbite. Prior to the Order Confirmation, the Company makes sure that the Buyer’s agreement with the GCOR is unequivocal by having the Buyer tick a box. Hence, the Buyer:
- Declares having become aware of the entire contents of the GCOR and accepting them with no restrictions and no reserves,
- Recognizes that they have benefitted from sufficient council and advice to make sure the service fulfills their needs
- Declares being in measure to form legal contracts as dictated by French law or to properly represent the natural person for whom they are forming a covenant with the Company,
- Recognizes as proof the automatic records systems of the editor of this here present Website and, proof of the contrary notwithstanding, renounces to contesting them.