The company TEXTILE ALTERNATIVE S.A.S.U. with a capital of 3000 euros, whose headquarters is located at 79 rue du Faubourg Saint-Denis Paris 10th (France), registered in the Paris Trade and Companies Register under number 891 210 536, is engaged in the creation, production and commercial exploitation of the brand ADALMA.
The purpose of these General Terms and Conditions of Sale is to define the rules applicable to the sale of ADALMA branded products (hereinafter referred to as "the product(s)") on the site, between TEXTILE ALTERNATIVE and any individual of legal age, not a merchant, with the legal capacity to enter into a contract, and exclusively domiciled in the countries delivered by www.adalma-paris.com (hereinafter referred to as "the Customer"), who purchases a product on the site.
For the purposes of this Agreement, it is agreed that the Customer and TEXTILE ALTERNATIVE shall be collectively referred to as the "Parties" and individually referred to as the "Party".
These T.C.A. shall govern without limitation the sales of products made by TEXTILE ALTERNATIVE on behalf of ADALMA from the Site. TEXTILE ALTERNATIVE reserves the right to modify these T.G.A. at any time by posting a new version on the site. The G.S.T. applicable are those in force on the site at the date of placing the order by the customer, being specified that any order of a product offered on the site implies full and complete adherence of the customer to the G.S.T. in force at the time of placing the order.
ARTICLE 1 - PURPOSE
The purpose of these G.S.T. is to define the conditions under which products are marketed by TEXTILE ALTERNATIVE to the customer. They regulate the various stages of the sale from the placing of the order by the customer.
ARTICLE 2 - PRODUCTS
The products offered for sale by TEXTILE ALTERNATIVE under the name of ADALMA are those listed on the site on the day of its consultation by the customer. Each product is the subject of a description sheet which, in addition to the photograph, will contain: The price, the available sizes and colors, the composition as well as the particular characteristics. Minor differences between a product and its photograph may exist, depending in particular on the resolution and color definition of the user's screen. TEXTILE ALTERNATIVE undertakes to deliver products that comply with current regulations on personal health and safety in accordance with European provisions, in particular legislation on regulated chemical substances.
ARTICLE 3 - PRODUCT PRICES
The prices are indicated in Euro. They take into account the French V.A.T. applicable on the day of the order. The prices are inclusive of all taxes, excluding delivery charges. The delivery costs are communicated to the customer on the summary of the order before the validation of the latter and are expressed all taxes included. These costs are charged to the customer and are invoiced in addition to the selling price of the products. The transfer of the risks of loss and deterioration of the products will be realized after delivery and reception of the products by the customer. We reserve the right to modify our prices at any time but we commit ourselves to apply the prices indicated on the site at the time of the order. We inform you that in case of display of an erroneous price, obviously derisory, whatever the reason (computer bug, manual error, technical error), the order - even validated by us - will be cancelled, of which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.
ARTICLE 4 - ORDERING
4.1 Registration of an order
The customer materializes his order by completing the following 5 steps
1. Putting in the basket: the customer selects the chosen products and adds them to his first basket after having selected the desired size and color. The shopping cart located on the top right of the screen informs the customer that the selections have been taken into account by indicating the number of products it contains.
2. Verification: the customer verifies the contents of his basket by clicking on "order" to have access to the summary of his order. The customer can then modify his order "product, size, quantity". The total amount including VAT of the order, distinguishing on the one hand the price due for the products, and on the other hand the delivery charges, is then indicated in the summary.
3. Validation: once the order is verified and if necessary modified, the customer validates his basket in order to finalize his order by clicking again on "order". If the customer has an advantage code, reserved for the best customers, he/she will have to enter it in the space provided for this purpose before being able to benefit from it.
4. Delivery information: the customer enters the delivery and billing information: all fields are required to finalize the order; unless otherwise specified by the customer, the billing address will automatically be the same as the delivery address. If the customer has already placed an order on the site, he/she has a customer account. In such a case, he will identify himself only with his e-mail address and password. The customer then verifies all the information and clicks on "validate" to continue his order.
5. Payment: entering bank details: the customer will then access the secure payment screen of TEXTILE ALTERNATIVE's partner as specified in Article 4.3 below. Payment is made online by credit card and Paypal only. The customer must enter his credit card number, its date of validity and the 3 numbers of the visual cryptogram on the back of his card. If the payment is accepted, the customer will be redirected to an order confirmation screen on the site. If the payment fails, the customer will have up to 3 attempts to enter his bank details again. After the 3rd refusal, the customer will be redirected to a screen on the site indicating the refusal of payment. The customer will then be invited to contact ADALMA's customer service to know the reasons and find a solution together to finalize the customer's order.
4.2 Confirmation of the order
Upon acceptance of the customer's payment, the customer will receive an email confirming his order, and summarizing all the items ordered, the billing and delivery address and the delivery date. The validation of the order by the customer and the order confirmation sent to the customer by email by TEXTILE ALTERNATIVE under the name of ADALMA following the acceptance of payment worth concluding a contract of sale between the parties and acceptance of the G.C.V. The customer who has made an order will have the opportunity to print his invoice by logging on the site in the space "order tracking" provided for this purpose. TEXTILE ALTERNATIVE reserves the right not to validate the order in case of :
- abnormal or abusive claims
- abnormal orders in relation to the quantities ordered
- Abnormal or abusive exchanges and returns
- existing dispute with the customer
The customer service of the site ADALMA is available to the customer for any questions relating to his order. The customer service is available by mail: email@example.com.
4.3 Payment and security of transactions
The price of the products purchased is payable in full on the day the order is placed by the customer. Payment is made online by credit card (credit card, Visa, Mastercard) or Paypal at the time of validation of the order by the customer. The request for authorization to debit the card is made at the time of validation of the order on the site, except in cases of unavailability of servers. TEXTILE ALTERNATIVE reserves the right to make a request for authorization of debit in the event that the first could not succeed because of unavailability of server. In the event of non-payment, incorrect address or any other problem on the customer's account, TEXTILE ALTERNATIVE reserves the right to block the customer's order until the problem is resolved. In case of fraudulent use of his credit card on the site, the customer is invited to contact the customer service firstname.lastname@example.org. TEXTILE ALTERNATIVE uses all necessary means to ensure the confidentiality and security of banking data transmitted on the site. The site is equipped with an online payment security system that encrypts your banking data. The payment information is transmitted according to the highest security standards. The transmission of your banking data is guaranteed by our partner: STRIPE. All information exchanged to process the payment is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. At no time does the customer's financial data transit on the computer system of TEXTILE ALTERNATIVE. STRIPE verifies that the connection with the customer's browser is secure before sending the payment form to the banking institution that carries out the financial transaction. As STRIPE is a technical service provider, it does not take charge of any disputes relating to orders, which are handled directly by the customer service department as specified above or, where applicable, by the customer's bank.
4.4 Archiving of the order
The order confirmation is recorded on the records of TEXTILE ALTERNATIVE, themselves kept on a reliable and durable. The customer agrees that the order confirmation is considered as proof of the contractual relationship between the parties.
ARTICLE 5 - DELIVERY
TEXTILE ALTERNATIVE will deliver orders within a maximum of 3 working days for delivery to metropolitan France and 5 working days to any other destination, starting from the day after payment of the order. All orders placed on the site from Monday to Friday before 1pm will be processed the same day; after 1pm, they will be processed the following day. All orders placed on Fridays after 1pm, Saturdays and Sundays will be processed on the following Monday; orders placed on a public holiday will be processed on the following day. In the event of exceeding the delivery time, not justified by a case of force majeure, the customer will be able to ask for the resolution of the sale and to obtain within a maximum period of 30 days the refunding of the sums paid on the occasion of the sale. For orders outside metropolitan France, when the package intended for export reaches its destination, it will be the responsibility of the recipient to pay the taxes or customs duties that apply to the destination country. The local authorities can provide you with useful information.
From January 1, 2021 for a package valued at more than £135 destined for export to the United Kingdom, the recipient will be responsible for paying any taxes or duties that apply in the country of destination.
*During the launch period, order preparation times are extended. It is necessary to count up to 10 working days
ARTICLE 5 - RECEPTION, COMPLAINT AND RETURN
The customer is required to verify the conformity of the products received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as damaged packages, missing products, deteriorated products, products not in conformity with the order, will have to be notified within the legal time limits following the reception of the order. This notification will be sent to the customer service of the site ADALMA either :
. by registered mail, by writing to the following address: TEXTILE ALTERNATIVE - 79 rue du Faubourg Saint-Denis - 75010 Paris.
. by e-mail to email@example.com
After this period and except for hidden defects, no claim will be accepted by TEXTILE ALTERNATIVE, the products are then deemed compliant. For any return of non-conforming product, the customer must comply with the following procedure:
. the customer must attach to his package the return form issued by the customer service mentioning the return number assigned
. the products must be returned either in their original packaging, or in a packaging protecting the product against any deterioration, with their label and their possible accessories allowing their new marketing, to the following address
TEXTILE ALTERNATIVE - 79 rue du Faubourg Saint-Denis - 75010 Paris - France
. the risks and costs of return are the exclusive responsibility of the customer.
Once the non-conformity has been established, TEXTILE ALTERNATIVE will offer the customer a refund of the price of the order (price of the products and shipping costs) as well as the cost of returning the non-conforming product, no later than 30 days from the date of dispatch of the notification of confirmation of non-conformity by the customer service of the site. In case of refund, TEXTILE ALTERNATIVE will ensure the reimbursement of all products returned in conformity, as well as the shipping costs incurred except for taxes and customs paid by the customer upon delivery. Cash on delivery returns are not accepted. Upon receipt of a non-conforming item, TEXTILE ALTERNATIVE will pay the return postage.
ARTICLE 7 - RIGHT OF WITHDRAWAL
The customer has a period of 15 days from the date of receipt of his order, to return the products ordered. For any return under the right of withdrawal, the procedure below must be fully respected:
The customer will have to join to his parcel the good of return emanating from the customer service mentioning the number of return allotted. The products must be returned in their original packaging, with their label and any accessories, in perfect condition to : TEXTILE ALTERNATIVE - 79 rue du Faubourg Saint-Denis - 75010 Paris - France. The risks and costs of return are the exclusive responsibility of the customer. Subject to the above conditions recalled, TEXTILE ALTERNATIVE will refund the amount of the order to the customer (price of the product) excluding shipping and return costs. The customer's bank account will be credited with the said amount within 15 days of receipt of the products by TEXTILE ALTERNATIVE.
ARTICLE 8 - PERSONAL DATA
TEXTILE ALTERNATIVE receives a certain amount of information necessary to process orders. These data are not only necessary for the processing of the customer's order by TEXTILE ALTERNATIVE, but also to communicate to the customer information on the brand ADALMA, on the site or to benefit from commercial offers ADALMA, if the customer accepts by validating his order. The information is strictly confidential and is marked with an asterisk when it is necessary for TEXTILE ALTERNATIVE, and/or its service providers in the management of the customer's order. Following any injunction from the legal authorities or in order to defend its rights or those of its employees, customers or any other person, TEXTILE ALTERNATIVE may communicate such data to legally authorized bodies and authorities. TEXTILE ALTERNATIVE undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the customer's personal information from being distorted, damaged or accessed by unauthorized third parties. The customer's personal information is sent to and stored at the site's host located in France, whose contact information is listed on the site under the heading "Legal Information". In accordance with the law "informatique et liberté" of January 6, 1978, as modified by the law of August 6, 2004, the customer has a right of access, rectification, modification and deletion of data concerning him. The customer can exercise this right by sending a letter to the following address or by email specifying his name, first name, email and postal address: TEXTILE ALTERNATIVE / Adalma - 79 rue du Faubourg Saint-Denis - 75010 Paris - France; firstname.lastname@example.org
The customer can also modify his personal details from his customer area by logging in with his email address and password.
ARTICLE 9 - COOKIES
ARTICLE 10 - LIMITATION OF LIABILITY
Placing an order on the site implies knowledge and acceptance of the procedures in force on the Internet network, particularly with regard to technical performance, response times, connection times, queries or information transfers, risks of interruption, risks of contamination, etc.
ARTICLE 10 - LIMITATION OF RESPONSIBILITY
Placing an order on the site implies knowledge and acceptance of the procedures in force on the Internet network, particularly with regard to technical performance, response times, connection, queries or transfers of information, risks of interruption, risks of contamination by viruses circulating on the network and generally all risks related to the use of the Internet network. TEXTILE ALTERNATIVE shall not be liable for any direct or indirect damage resulting from misuse or incident related to the use of the computer, access to the Internet, maintenance or malfunction of servers, telephone line or any other technical connection, the customer's connection to the site is under his full responsibility.
ARTICLE 11 - FORCE MAJEURE
TEXTILE ALTERNATIVE shall not be liable for the total or partial non-performance of its obligations under the order placed by the customer, if such non-performance is caused by an event constituting force majeure as defined by positive law. In such a case, the customer service will inform the customer of the occurrence of such an event within 3 clear days following its occurrence, by e-mail. After a period of one month and assuming that the event constituting a case of force majeure persists, the order will be canceled and will be subject to a refund of TEXTILE ALTERNATIVE on the credit card used to place the order within a maximum of 30 days.
ARTICLE 12 - APPLICABLE LAW
If any of the terms of these G.S.C. are declared null and void, illegal or unenforceable by a court decision, the other provisions of the G.S.C. shall remain in force. The G.T.C. are executed in accordance with French law. In case of dispute, the customer will address by priority to TEXTILE ALTERNATIVE to obtain an amicable solution and in the absence of agreement, the courts of common law will have exclusive jurisdiction.