Do you wish to place an order on the website https://alolivier.com/boutique/fr (hereinafter the "Site")?

Please read the General Conditions of Sale, which you agree to accept when confirming your order.

 

1. Application

 

1.1 These General Conditions of Sale (hereinafter the "Conditions")are entered into between:

-          an individual or a legal entity wishing to make a purchase for their strictly personal use via the Site (hereinafter referred to as the "Customer") and

-          BAILLY, a simplified joint stock company with a capital of 500,000 euros, with its main office located at 32, rue Jacques Robert – 95500 Le THILLAY, France, identified under number 562 027 623 (hereinafter referred to as "A L’OLIVIERGroup").

1.2 By placing an order for a product on the Site, the Customer acknowledges that his/her order is governed by these Conditions, the terms of which the Customer agrees to accept without restriction or reservation. This acceptance shall not be conditional upon a handwritten signature by the Customer under any circumstances. In accordance with the applicable provisions of the French Civil Code, it should be noted that the confirmation of the purchase order as specified in Article 4, represents an electronic signature that has the same validity between the Parties as a handwritten signature.

 

1.3 Any special condition or any other written document, particularly those contained in documents issued by the Customer (including the order) cannot prevail over these Conditions without the prior express written agreement of A L’OLIVIER Group.

 

1.4 A L’OLIVIER Group reserves the right to modify these Conditions, which the Customer is responsible for reviewing on a regular basis. The online version of the Conditions on the Site shall, where applicable, prevail over any other version of the said Conditions, with the exception of modifications that may be made after a Customer order.

 

2. Products

 

2.1 A L’OLIVIER Group presents various products on the Site, which it offers for sale, as well as their detailed descriptions contained in the product sheets, giving the Customer the chance to learn, before the final purchase order, about the main features of each product that he/she may buy on the Site, in accordance with the provisions of Article L.111-1 of the French Consumer Code.

 

2.2 The Products comply with current French legislation.

 

2.3 A L’OLIVIERGroup offers the products within the limits of available stocks at the time of the Customer’s order. A product that becomes unavailable will be indicated as such. A L’OLIVIER Group reserves the right at all times to modify or stop selling the products offered on the Site, although such modifications will not affect the orders that A L’OLIVIERGroup may have accepted before these modifications come into effect. If a Product is unavailable, A L’OLIVIER Group will inform the Customer as soon as possible by email that only part of his/her order will be delivered or that his/her order has been cancelled.

 

3. Prices

 

3.1 The prices that apply shall be those indicated on the Site when the Customer confirms his/her order. The prices are indicated in euros and shall be deemed as inclusive of all taxes. The prices are subject to French Value Added Tax (VAT) applicable on the day of the order.

 

3.2 The Customer is informed that delivery costs will be invoiced in addition to the price of the products, and for this purpose will be specifically indicated on the order summary and in the order confirmation email.

 

3.3 A L’OLIVIER Group reserves the right at any time and without prior notice to modify the prices of its products, without these modifications affecting the orders that A L’OLIVIER Group may have accepted before these modifications come into effect.

 

4. Order

 

4.1 To place an order on the Site, the Customer must:

-          Have the legal capacity to enter into contracts,

-          Have an address in one of the countries to which delivery is made.

-          Hold a bank account with sufficient funds enabling him/her to make an online payment for the amount of his/her order.

 

To add a product to his/her cart, the Customer must click on the icon "Add to cart". At any time, the Customer may:

-          obtain a summary of the products that he/she has chosen or edit his/her cart by clicking on the "Cart" icon, which can be accessed from any page,

-          confirm his/her cart by clicking on "Confirm my order.".

 

4.2  Once the cart has been confirmed, the Customer must identify himself/herselfor create an account if the Customer is not already registered.

 

In particular, the Customer agrees to indicate:

-          his/her surname(s), first name(s), telephone number and email address. Said email address must be fully valid and working.

-          a postal address to which delivery can be made during business hours from Monday to Friday.

 

Once the Customer has been identified, the Customer will have the possibility to add a new address and use a different address for delivery and invoicing.

 

Once the information relating to the address has been filled in, the Customer must click on "Proceed to checkout" to choose the mode of transport he/she wishes and then tick the box "I have read and accepted the General Conditions of Sale ".

 

Then the Customer will have to click on "Proceed to checkout" again. An order summary will bring together all of the information related to that order.


4.3 After reviewing the summary of his/her order, the Customer will be asked:

-          to choose his/her method of payment of the order and to proceed to the payment of the order,

-          or to click on the button "Continue shopping" so as to modify the details of his/her order and/or the information related to his/her personal contact information.

 

4.4 For payment, a new page opens and the Customer is invited to proceed to the payment by entering his/her bank details.

4.5 The data entered for delivery and invoicing by A L’OLIVIER Group represents proof of all the transactions made between A L’OLIVIER Group and the Customer. In the case of a dispute by the Parties concerning a transaction made on the Site, the data recorded by A L’OLIVIERGroup shall be considered as irrefutable proof of the contents of the transaction. The purchase orders and invoices shall be archived on a reliable and durable medium that can be produced for the purpose of proof.

 

5. Payment of the order

 

5.1 The payment will be made in euros by bankcard only (debit cards, Visa, MasterCard, e-Carte Bleue), to the exclusion of all other means of payment. For each order, a debit request from the Customer's bank account will be sent within 24 hours to his/her bank. The order will be considered effective after confirmation of the agreement of the bank payment centres.

 

5.2 In order to proceed with the payment due, the Customer must provide his/her bankcard number, expiry date and, where applicable, the card security code. The Customer warrants to A L’OLIVIERGroup that he/she is properly authorised to use the means of payment chosen when confirming his/her order. The Customer will be asked for his/her bank details each time he/she places an order.

 

5.3 The payments are made through the secure system PAYBOX SYSTEM which uses the SSL (Secure Socket Layer) protocol, so that the information transmitted is encrypted by software and that no third party can become aware of it during thetransfer on the network. The transfer of the Customer's personal data to PAYBOX SYSTEM is governed by the standard contractual clauses established by the European Commission.

 

5.4 PAYBOX SYSTEM ensures that the Customer's bankcard number is only known to PAYBOX SYSTEM and is not transmitted to A L’OLIVIERGroup. PAYBOX SYSTEM also ensures that the payment is sent to A L’OLIVIERGroup, which has been clearly authenticated beforehand by PAYBOX SYSTEM.

 

5.5 As part of the fight against fraud on the Internet, the information related to the Customer order may be transmitted to any third party authorised by law or designated by A L’OLIVIERGroup for the sole purpose of verifying the Customer's identity, the validity of the order, the means of payment used and the planned delivery. Following this check, A L’OLIVIERGroup reserves the right to request a photocopy of the Customer's ID card and/or any information related to the Customer's identity. All Customers shall have the right to access, correct and remove personal data concerning them and processed by A L’OLIVIERGroup, under the conditions set out in the Personal data protection policy.

 

5.6 If declined by the bank, the order will be cancelled automatically and A L’OLIVIERGroup will inform the Customer.

 

6. Confirmation of the order by A L’OLIVIERGroup

 

6.1 The product order will not be considered firm and final until it has been confirmed by A L’OLIVIERGroup. Once the product order has been confirmed and its payment has been validated, A L’OLIVIER Groupwill send an order confirmation email to the Customer.

 

6.2 In accordance with the provisions of Article L.122-1 of the Consumer Code, A L’OLIVIERGroup shall be entitled to refuse any abnormal order or any order made in bad faith.

 

7. Delivery and receipt of the order

 

7.1 A L’OLIVIERGroup shall retain ownership of the ordered products until full payment of the respective price.

 

7.2 The products will be delivered to the postal address entered by the Customer when placing his/her.

 

7.3 The online sale of the products presented on the Site is reserved only for the Customers who reside in the countries listed on the online store and for deliveries required in these geographic areas. A L'OLIVIER Group reserves the right to not accept an order for a country in which it does not have a specific distribution contract, or in which there are specific local regulations on its products.

 

7.4 The Delivery time will be notified by the carrier of A L'OLIVIERGroup and incurs its responsibility. However, the delivery will be made no later than thirty (30) days after the product order, unless stated otherwise, of which the Customer will be informed before his/her order is made, indicating an average delivery period.

 

7.5 The Customer must notify A L’OLIVIER Group as promptly as possible of any late deliveries, whereupon the latter shall investigate the matter with the carriers concerned. The Customer shall have the right to cancel his/her order if the delivery of this order has not taken place by the delivery date initially indicated to the Customer, as long as such delay is not attributable to the Customer or a case of force majeure.

 

As of the exercise of the right of cancellation, or the conclusions of the investigation carried out by A L’OLIVIER Group confirming the loss of the package, A L’OLIVIERGroup shall issue a refund to the bank account that was debited at the time of the order within a period of up to fourteen (14) days from receipt of the cancellation, to the exclusion of any other compensation, or shall re-dispatch the products at its own cost if the order has not been cancelled by the Customer.

 

In the case of partial delivery of the order, the delivery may be made in several parts, and this right shall only relate to the part of the order not delivered.

 

8. Receipt of the products by the Customer

 

8.1 Each delivery shall be deemed completed from provision of the products at the Customer's premises by the carrier, recorded by the tracking system used by the carrier. No dispute related to the delivery itself will be possible if the package is shown as delivered, with the carrier's computer system being considered as evidence.

 

8.2 Without prejudice to the periods available to the Customer as part of his/her right of cancellation as specified in Article 9 above, the Customer shall be responsible for:

-          Unpacking the packages in the presence of the deliverer.

-          Writing any detailed handwritten reservations. The reservations noted by the recipient on delivery represent proof of the existence and extent of the damage. The Customer should be precise and complete in his/her writing (simply stating "subject to unpacking" is considered too general and vague).

-          Submitting to the carrier within three (3) days of receipt of the order a reasoned letter of complaint by registered letter with acknowledgement of receipt, in accordance with the provisions of Article L.133-3 of the Commercial Code.

-          Informing A L’OLIVIER Group, by email or registered letter, within three (3) business days of delivery of the order. In this regard, the Customer shall take care to attach to its letter a copy of his/her complaint addressed to the carrier.

 

9. Customer’s right of cancellation

 

9.1 In accordance with articles L.221-18 et seq. of the Consumer Code, the Customer has the right to withdraw from their order during a period of fourteen (14) calendar days from delivery thereof, providedhowever that the said items are returned undamaged, in their original packaging and unopened.The Customer shall attach a copy of the invoice to his/her package.

 

9.2 If the right of cancellation is exercised after the aforementioned products have left the warehouses of A L’OLIVIER Group, the Customer shall be responsible for paying the return costs. Under these conditions, A L’OLIVIER Group agrees to refund the Customer for the amount of the products returned, as well as the amount of the initial delivery costs (up to the limit of the standard delivery costs), to the bank account debited at the time of the order, within a period of up to fourteen (14) days from receipt of the products concerned. This sum will be refunded on receipt of the returned Products.

 

9.3 Any product returned incomplete, spoiled, used, damaged, deteriorated, soiled or consumed, even partially, will not be refunded. Similarly, the Customer may be considered liable in the case of devaluation of the products due to handling other than that which is necessary to determine the nature, basic features and proper functioning of the products.

 

Finally, in accordance with Article L.221-28 of the Consumer Code, the Customer may not exercise the right of cancellation for:

-          products made up according to the Customer's specifications or customized at his/her request;

-          products that, due to their nature, cannot be re-dispatched or are likely to deteriorate or perish rapidly;

-          products that have been unsealed by the Customer after delivery and products that cannot be re-sent for reasons of hygiene or health protection.

 

10. Guarantees

 

10.1 A L’OLIVIERGroup shall respectively warrant that theA L’OLIVIERGroup’s products are in conformity with the use expected of them, and do not present any defects or hidden faults rendering them dangerous or unfit for their normal use. Thus, all products on sale on the Site shall benefit from a statutory guarantee of conformity (as defined in Articles L217-4 et seq. of the Consumer Code) and a guarantee against hidden faults (as defined in Articles 1641 et seq. of the Civil Code), enabling the Customer to send the defective or non-conforming products back.

 

10.2 Products that have been modified, repaired, integrated or added by the Customer are excluded from guarantee. The guarantee shall not cover visible faults. The guarantee shall not cover products damaged during transport or because of improper use.

 

10.3 In the case of a statutory guarantee of conformity, the Customer:

-          must take action within a period of two years from delivery of the products;

-          may choose to have the goods repaired or replaced subject to the conditions on costs established by Article L217-9 of the Consumer Code;

-          is exempt from having to provide proof of the existence of the defect of conformity of the products in the six months following delivery of the products.

 

As part of the statutory guarantee of conformity, A L’OLIVIER Group agrees, at the discretion of the Customer:

-          to replace the product with an identical one subject to available stock,

-          or refund the price of the product, within a period of up to thirty days, if it is not possible to replace a product.

 

10.4 The Customer may decide to invoke the guarantee against hidden defects of the sold goods pursuant to Article 1641 of the Civil Code. In this case, A L’OLIVIER Group agrees, at the discretion of the Customer, following assessment of the defect:

-          to refund the full price of the returned product within a period of up to thirty days,

-          or to refund part of the price of the product within a period of up to thirty days, if the Customer decides to keep the product.

 

10.5 For any questions concerning the guarantees, the Customer must contact Customer Service via the Site. These provisions do not exclude the right of cancellation defined in Article 9 above.

 

11. Responsibility of A L’OLIVIERGroup

 

11.1 A L’OLIVIER Group cannot be held responsible for any problems or damage pertaining to the use of the Internet, particularly a service disruption, the occurrence of bugs, an external intrusion or the presence of a computer virus.

 

11.2 Without prejudice to the provisions of the previous paragraphs, A L’OLIVIERGroup cannot, under these Conditions, be held responsible on any joint and several basis, and such responsibility cannot exceed a sum equal to the sums paid or payable during the transaction at the origin of the said responsibility for the products of A L’OLIVIERGroup, regardless of the cause or form of the action concerned.

 

12. Intellectual property

 

12.1 The Site is the whole property of A L’OLIVIERGroup. The latter is the holder of the intellectual property rights necessary to place them online.Both the general structure of the Site (graphic design) and its content (text, slogans, graphics, images, sound, videos), including brands, logos, corporate names, domain name, software, databases and newsletters (hereinafter, the "Content") are the property of A L’OLIVIER Group or third parties authorised to use them, and are protected by copyright and the Intellectual Property Code. A L’OLIVIERGroup do not grants any licences or rights other than to visit the Site. The reproduction of all or part of the Site and its Content is authorised only for the exclusive purposes of information for personal and private use.

 

12.2 Therefore, pursuant to the provisions of the Intellectual Property Code, any representation, reproduction, modification and/or distortion of the Content, by means of any process and on any medium, without the prior, express authorisation of A L’OLIVIERGroup, is prohibited and constitutes an infringement of copyright. Similarly, the Customer shall be subject to criminal and civil liability for any unauthorised exploitation of the Site and/or its Content on the basis of copyright infringement.

 

12.3 A L’OLIVIERGroup cannot be held liable for the hyperlinks implemented on the Site leading to other sites, and generally to any resources existing on the Internet.

 

13. Personal data

 

13.1 A L’OLIVIERGroup undertakes to comply with its obligations under the General Data Protection Regulation (GDPR) and the provisions of law no. 78-17 of 6 January 1978, as amended.

 

13.2 The Personal Data Protection Policy is available on the Site.

 

14. Force majeure

 

14.1 A L’OLIVIER Group cannot be held responsible for a failure to carry out one of its obligations if this default is due to force majeure, throughout the duration of the event in question. The following are considered cases of force majeure (non-exhaustive list): war, floods, fire, storms, lack of raw materials, strikes of suppliers or carriers, decision of the public authority preventing the importing or transit of the products, partial or total bad harvest due to weather events or diseases affecting crops, presence of the virus described by the authorities as a pandemic or epidemic.

 

14.2 A L’OLIVIERGroup agrees to notify the Customer within 10 (ten)business days of the occurrence of the force majeure event. In this case, the Customer and A L’OLIVIER Group agree to come together as soon as possible to determine the methods for executing the order during the case of force majeure.

 

15. Entire agreement

 

15.1 These Conditions and the order summary transmitted to the Customer form a contractual whole and are the entire contractual relations maintained between the Parties.

 

15.2 In general, it is expressly agreed between A L’OLIVIER Group and the Customer that any emails, as well as the automatic recording systems used on the Site, shall be considered proof between them, particularly as regards the nature and date of the order.

 

16. Resolution of disputes

 

16.1 The present General Conditions of Sale are subject to French law.

 

16.2 Unless otherwise provided for the Code of civil procedure, any disagreement that may arise concerning the validity, interpretation or performance of these Conditions, which not be settled amicably by the Parties, shall be submitted to the FRENCH courts, notwithstanding the plurality of defendants, introduction of third parties, summary procedures and expert opinion.

 

 

 

The date of last update: July 28, 2020

 


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