GENERAL TERMS AND CONDITIONS FOR SALES
Impasse 13 operates the brand Alexis Mabille and the relater website www.alexismabille.com (hereinafter referred to as “the Website”).
The following General Terms and Conditions for Sales define rules applicable to the sale of Alexis Mabille branded products (hereinafter referred to as « Product » or « Products ») on the Website,
Impasse 13 (hereinafter referred to as “Alexis Mabille”), a simplified joint stock company with a share capital of 37.744,344 euros, with head office located at rue Parmentier, Imp. N°13, 69110 Sainte Foy les Lyon, FRANCE, registered in Lyon n° 439 030 313.
VAT N°: FR22439030313.
All non-trading individuals, having the juridical capacity to enter into a contract, exclusively residing in the countries where deliveries are made by www.alexismabille.com (hereinafter referred to as the “Customer” or “Customers”), and carries out a purchase of a Product on the Website.
For the purposes hereof, it is agreed that the Customer and Alexis Mabille will collectively be called the “Parties” and individually the “Party”.
These general conditions, (hereinafter referred to as the “General Terms and Conditions for Sales”), governs unrestricted sales of the Products carried out by Alexis Mabille from the Website.
Alexis Mabille reserves the right to change at any given moment the present General Terms and Conditions for Sales by publishing a new version on the Website. The General Terms and Conditions for Sales applied are those that are in effect on the Website on the date that the Customer places an order; understanding that any order of a Product placed on the Website, binds the Customer to the General Terms and Conditions for sales in force at the time when the order is placed.
ARTICLE 1 . OBJECT
These General Terms and Conditions for Sales are intended to define the conditions under which Alexis Mabille markets the Products to the Customer. They deal with the different steps in the sales progress: from the moment the Customer places his order, up to the delivery to the Customer.
ARTICLE 2 . PRODUCTS
Products offered for sale by Alexis Mabille are those listed on the Website the day of their consultation by the Customer; it being understood that the photographs illustrating the products are not contractual. Each product will have a description, which, in addition to photography, includes: price, photography, availability of sizes and colors, compositions and special features. Small differences may exist between the product and its photography, depending on the screen resolution and the definition of colors of the screen of the computer of the user.
Alexis Mabille is committed to delivering products that meet the applicable regulations relating to safety and health in accordance to the European clauses, and in particular the legislation on chemical regulations.
ARTICLE 3. PRICE
Prices are indicated in euros, tax included, and delivery costs excluded; understanding that the value added tax is that which is in force on the French metropolitan territory on the day that the order is validated. Prices applied are those given on the Website and confirmed when the Customer confirms his order.
Delivery costs are shown on the order summary before the Customer confirms the latter and includes all taxes. These costs are at the expense of the Customer and are invoiced in addition to the sale price of the Products.
Transfer of risk for loss and damage to the Products will be made after delivery and receipt of the Products by the Customer.
We reserve the right to modify our prices at any moment but will apply the current rates as indicated to you on the Website at the time the order was placed.
We would like to inform you that if an obviously incorrect price appears on our Website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated.
ARTICLE 4 . ORDER AND PAYMENT OF PRODUCTS
4.1 PLACING AN ORDER
Orders can be placed on the Website www.alexismabille.com.
Whilst we take reasonable care in ensuring that all material contained in our Website is accurate and up-to-date at the time it is posted, we cannot guarantee it. None of the material contained in our Website is to be relied upon as a statement or representation of fact. All images, illustrations and descriptions of the Products are for information only and you are advised to contact our client service for further information about the Products.
Whilst we try to ensure that our Website is reliable and available at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our Website.
We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise.
When placing an order for the first time, you will be required to open an account with us and complete certain required fields on an order form. All steps necessary for placing an order are detailed on our Website.
In the event prolonged inactivity causes your connection to our Website to fail, your selection of Products may be lost. In such case, you will be required to re-enter your selection.
Before you submit an order, you will be given the opportunity to review our selection, check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the Products. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.
The sale will only be binding on us once we have notified you that the order is accepted and the goods have been dispatched by us. This means that if Products are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Products.
You will only be charged for Products, which have been dispatched to you.
Orders from Customers with whom Alexis Mabille experienced prior litigations or payment problems will be cancelled or rejected.
The price of the Products purchased are payable in cash, in full on the day that the Customer places the order. The payment is carried out online with a bank card (credit card, Visa, Eurocard/Mastercard/American Express) at the time when the Customer confirms the order.
The request for a direct debit on the card is carried out the moment that the order is validated on the Website, except if the servers are unavailable. Alexis Mabille reserves the right to carry out a new request for a direct debit in the case where the first request was not successful due to the unavailability of the servers.
In the case of non-payment, an incorrect address or any other problem with the Customers account, Alexis Mabille reserves the right to block the Customers order until the problem is resolved.
In the case of fraudulent use of his credit card on the Website, the Customer is invited to contact Alexis Mabille at the following number: +33 (0)9 80 63 03 91, Monday to Friday from 10h to 18h or by email at the following address: firstname.lastname@example.org.
The transactions carried out on the Website are secured by the payment partner of Alexis Mabille, the company LCL, le Crédit Lyonnais, a joint stock company with a share capital of 1.847.860.375 euros, registered in Lyon, n° 954 509 741, with its head office at 18 rue de la République, 69002 Lyon, France.
All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by a third party. At no time does the financial data of the Customer pass through the computer system of Alexis Mabille.
Litigations linked to the orders will be sent to Alexis Mabille as specified above or if need be with the Customers bank.
4.3 FILING OF AN ORDER
The confirmation of an order is registered on the records of Alexis Mabille, which are stored on a reliable and sustainable support. The Customer accepts that the confirmation of an order is considered to be proof of the contractual relationship between the Parties.
ARTICLE 5 • DELIVERY
Products will be delivered by TNT “express” service (Customer’s signature required).
In France, Products can be delivered to the Customer’s residential or professional address (Customer’s signature required). In case of loss or damage, we will not accept any claim or request for deliveries made to another address than the Customer’s residential address (when someone will have taken the responsibility to take the Products or to sign the delivery form). In the event of a delivery to the Customer’s residential address but the Customer is not there, the Products will automatically be dropped at the nearest “Relais Colis” and a notification will be sent to the Customer’s email address (as given by the Customer at registration) with details of the “Relais Colis” where the Products will have been dropped.
Outside of France, the Products will be delivered to the Customer’s residential or professional address (Customer’s signature required). In case of loss or damage, we will not accept any claim or request for deliveries made to another address than the Customer’s residential address (when someone will have taken the responsibility to take the Products or to sign the delivery form).
The Customer’s signature (or someone who is competent for the delivery of the Products) is required for each and every delivery.
We cannot deliver to hotel or PO Box addresses.
In the event of a delivery outside of the European Union, import and customs charges and taxes might apply. This a legal duty to declare the full value of Products shipped outside of the European Union. Therefore, the delivery of Products might be subject to the full payment of import and customs charges and taxes, which will be collected by TNT on behalf of customs or local authorities. These costs will be at the sole expense of the Customer. Alexis Mabille will not refund orders and Products, which will be returned by TNT because of non-payment of related import and customs charges and taxes.
Working days: orders are shipped from Monday to Friday only, please take this into account when placing orders over the week-end.
ARTICLE 6 • RECEIPT OF THE ORDER – CLAIMS – RETURNS
The Customer is responsible for checking the conformity of the Products received pursuant to the order when delivered. All abnormalities concerning the delivery such as damaged package, missing Products, damaged Products, Products non compliant to the order, must be addressed within seven days after receipt of order.
This notification will be conveyed to the Alexis Mabille customer service either by registered mail by writing to the following address: Alexis Mabille, Customer Service, 11 rue de Grenelle, 75007, Paris, FRANCE, or by email to email@example.com.
After this delay (seven days after receipt of order), the Products will be considered to be conforming to the order and Alexis Mabille will not accept any claim.
The Customer can get a refund for Products bought on the Website provided that the Products are returned “as new”*, in their original packaging, complete (including, without limitation, labels, protective covers and boxes) together with the duly completed Return Voucher and the original invoice, within seven days after receipt of the order.
Returns will be sent to the following address:
Alexis Mabille, Returns, 11 rue de Grenelle, 75007 Paris, FRANCE.
We recommend that you send returned Products by recorded mail only as Alexis Mabille will not take responsibility for returned Products lost in transit. The Customer is liable for the risks and costs for the return of the Products.
Refunds will be made to the credit card used for the original purchase within 30 days following receipt of conform returned Products.
In the case of a refund, Alexis Mabille assures to refund in full the products returned conform (see conditions above, Product “as new”*, in their original packaging, complete, together with the duly completed Return Voucher and the original invoice) as well as the original shipping expenses, with the exception of the taxes and custom duty paid by the Customer for the delivery.
In the event of the return of non-conform Products only (once non-conformity is verified and acknowledged by our customer service), Alexis Mabille will reimburse return expenses within the limits of the minimum between the costs incurred by the Customer for the return of non-conform Products and the shipment costs paid by the Customer for the original delivery (excluding import and custom charges and expenses paid by the Customer). The Customer will send proofs of return costs. The refund will be subject to Products being returned “as new”*, in their original packaging, complete (including, without limitation, labels, protective covers and boxes) together with the duly completed Return Voucher and the original invoice, within seven days after receipt of the order.
For international returns, Alexis Mabille will not accept customs charges incurred when returning Products. All packages must be marked “Goods returned under warranty".
No refund will be offered for Products that are returned by the Customer incomplete, damaged or soiled (or not “as new”*).
Returns are only accepted for Products purchased directly from the Website.
For any query about your return, please send an e-mail to firstname.lastname@example.org. We invite you to state the address used for the return, the date of the return, the name of the Customer and the eventual tracking number.
In the case of abnormal or abusive claims, Alexis Mabille may refuse to accept future orders.
*Alexis Mabille considers a Product ”as new” if it is unwashed and unworn, with its original labels and provided it has not been altered nor deteriorated. We strongly recommend you store your item in its original packaging while you make a decision about the product.
ARTICLE 7 • RIGHT OF WITHDRAWAL
The Customer has the right to cancel the order at any time up the end of seven days after he receives the Products. To exercise your right of cancellation before the Products have been delivered to you, you must give written notice to us by hand or post to Alexis Mabille, Customer Service, 11 rue de Grenelle, 75007 Paris, France.
If you exercise your right of cancellation after the Products have been delivered to you, you must return the Products according to terms of article 6. above. Alexis Mabille will make a refund in the conditions stated in article 6. above.
ARTICLE 8 • PERSONAL DATA
Alexis Mabille collects certain information that is necessary for the processing of the orders.
This data is not only necessary for the processing of the Customers order by Alexis Mabille, but also to convey to the Customer information on the Alexis Mabille brand, or the Website, or to allow him to take advantage of Alexis Mabille promotions; if the Customer agrees when confirming his order.
The information is strictly confidential and when necessary for Alexis Mabille, and / or its contractors as part of the management of the Customer's order, is identified by an asterisk (*).
Following any injunction or in order for legal authorities to defend its rights, or those of its employees, customers or anyone else, Alexis Mabille may disclose such data to organisations and legal authorities entitled to this information.
Alexis Mabille is committed to taking all precautions to ensure the security of its files and to protect its computer system, and to prevent the information of the Customer being distorted, damaged or a non-authorised third party having access to this information.
The personal information of the Customer is sent and stored at the hosting website which is situated in France, whose details are shown on the Website under the section “Legal Notice”.
According to the “Data Protection and Civil Liberties Law” of January 6, 1978, as amended by the Act of August 6, 2004, the Customer has the right to access, rectify, modify and delete all data pertaining to him. The Customer may exercise this right by writing to the following address or email address, stating their name, email and mailing address:
Alexis Mabille, Customer Service, 11 rue de Grenelle, 75007, Paris, France
The Customer may also change his personal details from his customer space by using his email address and password for identification.
ARTICLE 9• LIMITATION OF LIABILITY
Ordering on the Website implies that the operational procedures on the Internet are understood and accepted, in particular with regards to technical performance, response time, connection, queries or information transfer, de-connection risk, the risk of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet network.
Alexis Mabille cannot in any way be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, maintenance or malfunctioning servers, telephone line or any other technical connection, and when a Customer connects to the Website he does this under his full responsibility.
ARTICLE 10• FORCE MAJEURE
Alexis Mabille is not responsible for all or part of the non-performance of its obligations under the order placed by the Customer, if such a non-performance is caused by an event constituent of a force majeure such as that defined by positive law.
In such a case, Alexis Mabille will inform the Customer by email that such an event has occurred within a delay of three (3) days following this incident.
After a period of 1 (one) month, and in the event where the force majeure persists, the order will be cancelled and will be subject to a refund from Alexis Mabille on the credit card used for the payment of the order within a maximum 30 (thirty) days.
ARTICLE 11• APPLICABLE LAW
If any of these General Terms and Conditions for Sales is found invalid, illegal or non-opposable by a court of law, the other provisions of these General Terms and Conditions for Sales will remain in effect.
The General Terms and Conditions for Sales are performed and interpreted according to French law.
In the case of litigation the customer should first contact Alexis Mabille to find an amicable solution and failing this, the common law courts have exclusive jurisdiction.