Terms & Conditions
I - GENERAL PROVISIONS
The hereby General Terms and conditions (the “T&C’s”). are applicable between the company ABP Alice Balas « Société par Actions Simplifiée Unipersonnelle », registered at RCS of paris under the number FR 20 818 346 355, with a capital of 30 000 euros situated 10 Place d’Anvers, 75009 Paris – France (hereinafter “Alice Balas” or the “Company”) and any person visiting or buying on the website WWW.ALICEBALAS. COM/ (called hereafter « Customers »). The General terms and conditions of sale are available on the website WWW.ALICEBALAS. COM/ (called hereafter « Website »)
The General Terms and Conditions of Sale detailed below apply to all orders placed with the compagny Alice Balas for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
The company Alice Balas reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a customer implies complete adherence, without reservation, to these terms and conditions.
II - WEBSITE'S INFORMATION AND ACCESS
WWW.ALICEBALAS. COM is an e-commerce merchant owned and managed by The company Alice Balas.
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by The company Alice Balas or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the French courts. Alice Balas is not liable for any damage incurred by an unavailability of the Website.
Alice Balas does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Alice Balas may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Alice Balas reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
To place an order, the client shall at first create a personal account by filling its personal data (the “Personal Account”).
Subscription of the client shall be validated by Alice Balas after checking the standard form filled by the client. A confirmation of the subscription is sent to the client by email.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, Alice Balas shall not be held liable in case of any inability to deliver the products ordered.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to Alice Balas’s payment provider. Alice Balas reserves the right to refuse any request or order and to close an account at its sole discretion.
IV - PRODUCTS
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is regularly updated . Nevertheless, errors occurring during the update cannot held the liability of Alice Balas. Alice Balas cannot be liable in case of an order cancellation because of stock depletion.
Alice Balas takes the greatest care in the presentation and description of the products in order to provide the customer with the best possible information. However, some non-substantial errors may appear on the Website, which the customer acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the customer may either exercise his right of withdrawal, or implement the Alice Balas guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V - ORDER
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by Alice Balas, expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its bag (the “Bag”). The Bag summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Bag before validating the order.
The price paid by the Client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the Client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the customer by Alice Balas. For this purpose, the customer formally accepts the use of email for receiving confirmation of the contents of their order from the company Alice Balas. In any event, the invoices are available in the 'my account' section.
VI - ORDER REFUSAL
Alice Balas reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of Alice Balas to satisfy the client expectations, Alice Balas may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
Alice Balas cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
VII - PRICES AND TERMS OF PAYMENT
Price are mentioned in the Website in Euros, includes V.A.T. but excluded any transports customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
Alice Balas reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
Orders can only be placed with a credit/debit card (Bleue, Visa, Eurocard/Mastercard).
Confidential information (16 digit card number, expiration date and visual cryptogram) will be directly transmitted as encrypted to the concerned payment platform without transiting through the Alice Balas server.
In order to guarantee the utmost security, each payment by credit card is processed under the Secure protocol that verifies the customer’s ID. This verification process is ensured directly online by the Customer’s bank according to a method depending both on each credit card’s type and each bank policy.
Alice Balas company may refuse to process an order in case of any existing litigation with the client, total or partial absence of payment, a payment via a card that has been unauthorized or refused, or for any other reason that the company has the rights to explain to the customer. In which case the company’s responsibility cannot be challenged.
Once the order is validated, payment is routed in real time to the secure payment’s administrator, which will contact the card’s network to demand validation. In return the payment system’s administrator delivers an electronic certificate.
After payment validation, the Customer receives an e-mail to acknowledge receipt of the order registration.
VIII - DELIVERY
Deliveries are carried out by La Poste, Chrono Relais, DPD, Mondial Relay or DHL, Monday to Saturday, depending on the option chosen by the customer at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the Client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the Client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the customer, being specified that it must be the address of the customer's residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Customer must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the customer, products will be returned to Alice Balas which will contact the customer to organize another Delivery.
Orders are shipped within 4 to 8 weeks at most for a Delivery in metropolitan France and 5 to 9 weeks for a International Delivery, from the date after the confirmation of the Order.
Alice Balas cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
IX. REFUNDS & RETURNS
Any non-professional customer could use its withdrawal right during a period of 14 days from the Delivery. In such case, the customer shall contact Alice Balas at firstname.lastname@example.org.
The products shall be returned to Alice Balas within 14 days from the day of the Delivery. After 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels, brand new, without having used it or washed it.
Repayment of the customer is made subject to the receipt of the Products returned by Alice Balas and its excellent condition. Except as otherwise indicated by the customer, repayment will be made thought the same payment means used to pay the Order.
Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
Return is free-of-charge if the order was placed from metropolitan France.
X. GUARANTEES AND RESPONSIBILITY
Alice Balas’s liability related to the Products is limited to the sale price of each product.
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.
Alice Balas makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect the customer agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at customer’s own risk and the customer will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
Alice Balas is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, Alice Balas guarantees the customers against compliance and latent defects, under the following conditions:
In case of visible defect of a Product, the customer shall send a demand to email@example.com within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to the store Alice Balas –6 rue Dupuis 75003 Paris France)
Visible defect confirmed by Alice Balas shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment.
Alice Balas, with a registered office located 10 Place d’Anvers, 75009 Paris – France, acting as a “guarantor” with the meaning mentioned in articles L217-5 and seq. French Code de la Consommation and articles 1641 and seq. of the French Code Civil.
The customer may introduce an action resulting from lack of conformity lapses two years after delivery of the Product ;
- In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;
- In the event of lack of conformity, the buyer shall choose between repair and replacement of the product, subject to the costs according to Article L217-9 of the French Code de la Consommation.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
The Customer may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the Customer to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
The Customer has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the customer in the form of a sample or model; b) have the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the customer that has been brought to the notice of the seller and which the latter has accepted.”
Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
In all cases, the expenses of returning the product are borne by Alice Balas if the product delivered is damaged or different from the product ordered. If the customer does not adhere to these terms and conditions, including conditions of return or exchange, Alice Balas cannot proceed to refund the products in question.
XI - PARTIAL INVIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XII - APPLICABLE LAW AND JURISDICTION
These General T&Cs are governed by the laws of France.
In the event of a dispute between the Client and Alice Balas concerning the interpretation, performance or termination of this T&C’s, Alice Balas strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. Alice Balas hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.
If no amicable solution to the dispute is found, Alice Balas and the Client agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
It should be noted that confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.
Alice Balas, a French “société par actions simplifiée”, with a share capital of 28.891 €, registered with the Paris Trade and Companies Register under number 534 652 854, with registered office located at 1 rue Saint-Fiacre, 75002 Paris, France.
Editing director : Ms Morgane Sézalory in her capacity as Chairman.
Contact : firstname.lastname@example.org
III. DESIGN & PRODUCTION
NETAPSYS NORD (LILLE)
IV. PERSONAL DATA AND COOKIES
In accordance with the provisions of the French Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms, the Website was the subject of a declaration to the CNIL (Commission Nationale Informatique et Libertés - French Data Protection Authority) under number 2039445.
Clients might also contact the platform of amicable solution to the dispute of the European Commission available at http://ec.europa.eu/consumers/odr/.