Terms and conditions

Last updated: May 5, 2022

Would you like to place an order on the alolivier.com website (hereafter known as the "Site")? Please consult the General Terms and Conditions of Sale that you agree to accept when confirming your order.

Unique identification number: FR210882_01RAHY

1. Application

1.1 These Terms and Conditions of Sale (hereinafter the "Terms") are between: - a natural or legal person wishing to make a purchase for strictly personal use via the Site (hereinafter referred to as the “Customer”) and - the company A L’OLIVIER GROUP, a simplified joint-stock company with a capital of €3 000,000, having its registered office at 32 rue Jacques Robert, 95500 LE THILLAY, registered in the PONTOISE Trade and Companies Register under number 562 027 623, intra-community VAT number FR 72 562 027 623, with a secondary establishment located at 4ème Avenue 3594 M BP538 06516 CARROS (hereinafter referred to as "A L'OLIVIER").

1.2 By placing an order on the Site, the Customer acknowledges that their order is governed by these Terms and Conditions, which the Customer declares to accept without restriction or reservation. This acceptance is in no way conditioned by a handwritten signature by the customer. In accordance with the applicable provisions of the Civil Code, it is recalled that the validation of the order as specified in Article 4, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.

1.3 Any special condition or any other written document contained, most notably, in documents belonging to the Customer (including the order) may not prevail over these Conditions without the prior express written agreement of A L'OLIVIER.

1.4 A L’OLIVIER reserves the right to modify these Terms and Conditions, and it is the responsibility of the customer to consult them regularly. The online version of these Terms on the Site shall, if necessary, prevail over any other version of these Terms, with the exception of instances where modifications have been made after an order has been placed by the Customer.

2. Products

2.1 A L’OLIVIER presents on the Site the various products it has available for sale, as well as detailed descriptions on their product pages, allowing the customer to learn about the essential characteristics of each product that they can purchase through the Site (in accordance with the provisions of Article L.111-1 of the Consumer Code) before confirming their order.

2.2 Products comply with applicable French regulations.

2.3 Products are subject to availability at the time of customer order placement. A product that has become unavailable will be indicated as such. At any time, A L’OLIVIER reserves the right to modify or stop selling the Products on the Site. However, these modifications will not affect orders that A L'OLIVIER has accepted before the modifications take effect. In the event that a product is unavailable, A L’OLIVIER will inform the customer of the new delivery date, partial delivery , or order cancellation as soon as possible.

3. Price

3.1 The applicable prices are those indicated on the site at the time the customer places their order. Prices are quoted in Euros and are inclusive of all taxes. Prices are subject to the French value added tax (VAT) applicable on the day of order.

3.2 The Customer is informed that delivery costs will be charged in addition to the price of the products, and that they will be specifically indicated on the order summary and in the order confirmation e-mail.

3.3 At any time and without prior notice, A L’OLIVIER reserves the right to modify the prices of its products without these modifications having any effect on the orders that A L’OLIVIER has accepted before such modifications enter into force.

4. Ordering

4.1 To place an order on the site, the customer must: - have the legal capacity to contract; - have an address in one of countries delivered to; - have a bank account with sufficient funds to pay for the online order.

4.2 To add a product to their basket, the customer must click on the “Add to Basket" icon. A window appears indicating that the product has been successfully added to basket. At any time, the customer may: - Continue shopping by clicking on the “continue shopping” icon; - place an order by clicking on the “Place Order" icon. In this case, the customer will receive a summary of their basket. They can modify it by clicking on the “delete” if they no longer wish to order a product, or they can choose to reduce or increase the quantity of the products in their basket. The Customer may obtain a summary of the products they have selected or modify their basket by clicking on the "Basket" icon accessible on each page. Once the basket is finalised, the customer can confirm their basket by clicking “Place Order".

4.3 The customer will then have to identify themselves by either creating an account if they are not already registered, or by placing an order in guest mode. In particular, the customer agrees to indicate: - their name(s), first name(s), telephone number and e-mail address. This e-mail address must be fully valid and in perfect working order. - a postal address to which delivery will be made.

4.4 Once the customer has been identified, the customer will be able to continue to the address stage by clicking “continue”. The customer will have the option to add a new address and use a different address for delivery and billing.

4.5 By clicking on “Continue”, the Customer will reach the delivery method stage. Once the delivery method has been selected, they will be able to click "continue" to arrive at the payment stage.

4.6 At this stage, the customer will be asked to select their preferred payment method in order to proceed with payment of their order. Once the payment method has been selected, a space will appear for the customer to enter their payment details. The customer must then accept our general terms and conditions of sale by clicking on the icon “I have read and accept the general terms and conditions of sale” and then click on the “Place Order" button. A window will then appear stating “Your order is confirmed."

4.7 The data recorded for delivery and invoicing by A L’OLIVIER constitute proof of transaction between A L’OLIVIER and the customer. In the event of a dispute between the Parties concerning a transaction carried out on the Site, the data recorded by A L'OLIVIER is considered irrefutable proof of the content of the transaction. Order forms and invoices are archived on reliable and durable hardware and can be produced as proof of transaction.

5. Payment

5.1 Payment shall be made in Euros exclusively by bank card (Visa, MasterCard, Maestro, American Express and Bank Card), excluding any other means of payment. For each order, a request to debit the Customer's bank account will be sent to the Customer's bank within 24 hours. The order will be considered effective upon confirmation of the bank’s agreement to debit the customer’s bank account.

5.2 In order to proceed with the payment, the Customer must provide their bank card number, the expiry date of the card and, if applicable, the security code. The Customer guarantees A L’OLIVIER that they have the necessary authorisations to use the payment method chosen at the time of order validation. The customer’s payment details are required for each order.

5.3 Payments are made through the secure STRIPE system, which uses Transport Layer Security (TLS) so that the information transmitted is software encrypted and cannot be read by any third party during transmission over the network. The transfer of the customer's personal data to STRIPE is governed by standard contractual clauses established by the European Commission.

5.4 STRIPE ensures that the customer’s card details are only known to STRIPE and are not passed on to A L'OLIVIER. STRIPE also ensures that the payment is sent to A L’OLIVIER, who has been previously authenticated by STRIPE.

5.5 As part of the fight against Internet fraud, information relating to the Customer's order may be transmitted to any third party authorised by law or designated by A L'OLIVIER for the sole purpose of verifying the identity of the Customer, the validity of the order, the method of payment used and the intended delivery. Following this check, A L’OLIVIER reserves the right to request a photocopy of a proof of identity document belonging to the Customer (for example, a passport or driver’s license) and/or any information relating to the Customer's identity. Every customer has the right to access, rectify and delete their personal data processed by A L’OLIVIER, under the conditions set out in the privacy policy.

5.6 If the bank refuses the payment, the order will be automatically cancelled, and A L’OLIVIER will inform the customer.

6. Order confirmation by A L’OLIVIER

6.1 An order will only be considered firm and definitive once it has been confirmed by A L'OLIVIER. Once the product order is confirmed and payment is validated, an order confirmation email will be sent to the customer. If the products ordered by the customer are in stock, delivery of the order will take place according to the terms of Article 7 below. In the event that one or more products are out of stock, A L’OLIVIER will contact the Customer as soon as possible in order to agree on the most appropriate solution (partial reimbursement of the order, substitution of products...).

6.2 In accordance with the provisions of article L.122-1 of the French Consumer Code, A L’OLIVIER will be entitled to refuse any abnormal order or orders placed in bad faith.

7. Delivery and delays

7.1 A L’OLIVIER retains ownership of ordered products until full payment of the corresponding price.

7.2 Products will be delivered to the mailing address provided by the customer at the time of order.

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

7.4 Delivery times are determined by A L’OLIVIER’s courier, and they assume responsibility of the same. However, delivery will be made within a maximum of thirty (30) days from receipt of the order, unless otherwise specified. The Customer will be informed of this before placing the order, indicating an average delivery time.

7.5 The Customer must notify A L’OLIVIER, in writing, of any delay in delivery as soon as possible. A L’OLIVIER will then make enquiries with the couriers concerned. The customer has the right to cancel their order if it has not been delivered by the maximum delivery time initially indicated to the customer and is subject to a delay resulting neither from the customer nor from a case of force majeure. Through exercising the right of denunciation, or the conclusions of the investigation carried out by A L’OLIVIER confirming the loss of the parcel, A L’OLIVIER will make a refund to the bank account debited when the order was placed within fourteen (14) days of receipt of the information, excluding any other compensation, or will reship the Products at its expense if the order has not been denounced by the Customer. In the event of partial delivery of an order, delivery may be made in several instalments, and this right shall only apply to undelivered instalment of the order.

8. Customer receipt of products

8.1 Each delivery is deemed to have been made as soon as the products are made available to the Customer by the courier, as evidenced by the control system used by the courier. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, with the courier's computer system being the proof.

8.2 Without prejudice to the time frames afforded to the Customer under their cancellation right as specified in Article 9 below, it is up to the Customer to: - Unpack the parcel in the presence of the delivery person. - Write a detailed handwritten reserve. These reservations made by the recipient on delivery constitute proof of the existence and extent of the damage. The Customer must ensure that they are precise and complete in their wording (the expression "subject to unpacking" is considered too general and imprecise). - Send a registered letter with acknowledgement of receipt containing a justified protest to the courier within 3 days of receiving the order, in accordance with the provisions of Article L.133-3 of the Commercial Code. - Inform A L’OLIVIER by e-mail or registered mail within three (3) working days of delivery of the order. The Customer shall take care in this respect to enclose a copy of the complaint addressed to the courier.

8.3 For deliveries to a letter box or to a third party (delivery without signature), without prejudice to the time frame afforded to the Customer under their cancellation right as specified in article 9 below, the Customer may refuse their parcel at the time of delivery or return it to the post office the next working day at the latest in order to ask for it to be returned to A L’OLIVIER without any additional postage charge. In all cases, the package must not have been opened.

8.4 For deliveries to collection points, without prejudice to the time frames afforded to the Customer under their cancellation right as specified in Article 9 below, it is the Customer's responsibility to check the packaging of the parcel before accepting it. They may then decide to refuse it. If the customer agrees to accept it, it is the customer's responsibility to take the photo before unpacking.

9. Cancellation rights

9.1 In accordance with Articles L.221-18 and following the French Consumer Code, the Customer has the right to cancel their Order within a period of fourteen (14) calendar days from the date of delivery, provided that said items are returned intact, in their original, unopened packaging. The customer will attach a copy of the invoice to their package.

9.2 If the cancellation right is exercised after the date the aforementioned goods depart the A L’OLIVIER warehouse, the return costs will be charged to the customer. Under these conditions, A L’OLIVIER will reimburse the Customer for the amount of the returned products as well as the amount of the initial delivery costs (within the limit of standard delivery costs), to the bank account debited at the time of the order, within a maximum period of fourteen (14) days from receipt of the products in question. The refund of this sum will be deferred until the returned products are received.

9.3 Any returned product that is incomplete, spoiled, used, damaged, deteriorated or consumed, even in part, will not be refunded. Similarly, the Customer may be held liable in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, essential characteristics and proper functioning of the products. Finally, in accordance with Article L.221-28 of the Consumer Code, the customer will not be able to exercise their cancellation rights for: - products made to the Customer’s specifications or personalised at the Customer’s request; - products which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly; - products which have been opened by the Customer after delivery and products which cannot be returned for hygiene or health protection reasons.

9.4 In order to exercise their right of withdrawal, the Customer shall formulate their request in writing using the withdrawal request template below and send it to Customer Service:

- by post to the following address: A L’OLIVIER GROUP, 4ème Avenue 3594 M BP538, 06516 CARROS;
- or by e-mail to the following address: service.clients@alolivier.com.

Withdrawal Form Template:

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of [insert name, address and, when available, fax number and e-mail address]:

I/we (*) hereby notify you (*) of my/our (*) withdrawal of the contract of sale of the following goods (*)/provision of the following service (*) below:

Ordered on (*)/received on (*):

Consumer(s) Name:

Consumer(s) Address:

Signature of consumer(s) (only for forms filled out on paper):

Date:/em>

(*) Delete as appropriate.

10. Warranties

10.1 A L’OLIVIER guarantees, respectively, that A L’OLIVIER’s products conform to the use that is expected of them, and do not present any defects or hidden faults that make them dangerous or unfit for their normal use. Thus, all products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return defective or non-compliant products.

10.2 Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to visual defects. The warranty will not cover products that are damaged in transit or due to misuse.

10.3 When acting under the legal guarantee of conformity, the Customer:

- has a period of two years from the delivery of the products to take action;

- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;

- is exempt from providing evidence of product non-compliance within six months of product issuance.

Within the framework of the legal guarantee of conformity, A L’OLIVIER will, at the Customer's choice:

- replace the product with an identical product depending on availability

- reimburse the price of the product, within a maximum of 30 days, if the replacement of a product proves impossible

10.4 The customer may decide to implement the guarantee against hidden defects of the product sold as per Article 1641 of the Civil Code. In this case, after evaluating the defect, A L’OLIVIER commits to honouring the Customer's choice:

- reimburse the full price of the returned product, within a maximum of 30 days,

- offer a partial refund for the product, within a maximum of 30 days, if the Customer decides to keep the product.

10.5 For any request concerning the warranty, the Customer must contact Customer Service via the Site. These provisions are not exclusive of the cancellation right defined in Article 9 above.

11. A L’OLIVIER limitation of liability

11.1 A L’OLIVIER shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular service interruption, the occurrence of bugs, external intrusion or computer viruses.

11.2 Without prejudice to the provisions in the preceding paragraphs, the liability of A L’OLIVIER under these Terms shall in no event be engaged, or exceed the amount paid or payable in connection with the transaction that gave rise to such liability, regardless of the cause or form of action involved.

12. Intellectual property

12.1 This site is the full and complete property of A L'OLIVIER. The latter owns the intellectual property rights necessary to put it online. Both the general structure of the Site (graphic charter) and its content (texts, slogans, graphics, images, sounds, videos), including brands, logos, company names, domain names, software, databases and newsletters (hereinafter the “Content”) are the property of A L’OLIVIER or of third parties authorised to use them, and are protected by copyright and the Intellectual Property Code. These do not grant any licence or any right other than that of visiting the Site. The reproduction of the Site and its Content, in whole or in part, is authorised solely for the purposes of information for personal and private use.

12.2 Consequently, in accordance with the provisions of the Intellectual Property Code, any representation, reproduction, modification or distortion of the Content, by any process whatsoever and on any medium whatsoever, without the express prior permission of A L'OLIVIER, is prohibited and constitutes an act of infringement. Similarly, any unauthorised use of the Site and/or its Content will engage the criminal and civil liability of the Customer on the basis of infringement.

12.3 A L’OLIVIER cannot be held responsible for the , hypertext links on the Site to other sites operated by others and to all existing resources on the Internet in general.

13. Personal data

13.1 A L’OLIVIER complies with its obligations under the General Data Protection Regulation (RGPD) and Law n° 78-17 of 6 January 1978, as amended.

13.2 The Privacy Policy is available on the Site.

14. Force majeure

14.1 A L'OLIVIER cannot be held responsible for the failure to execute its obligations if this failure is the result of force majeure. Examples of force majeure include, but are not limited to: war, flood, fire, storm, lack of raw materials, supplier or transportation strike, public authority decision preventing the import or transit of goods, partial or total crop failure due to weather events or diseases affecting crops, the presence of a virus described as a pandemic or epidemic by the authorities.

14.2 A L’OLIVIER will notify the Customer within ten (10) working days of the occurrence of the force majeure event. The Customer and A L’OLIVIER agree that they shall liaise as soon as possible in order to define together the details of the execution of the order during the time of the force majeure case.

15. Entire Agreement

15.1 The present Terms and Conditions and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

15.2 It is expressly agreed between A L’OLIVIER and the Customer that both e-mails and the automatic recording systems used on the Site will be considered proof of the nature and date of the order.

16. Opposition to canvassing

In accordance with Article L223-2 of the Consumer Code, the Customer can register on the list of opposition to telephone canvassing available on the Internet site www.bloctel.gouv.fr

17. Mediation

17.1 In the event of a complaint, the Customer can contact Customer Service by post using the following address: A L’OLIVIER GROUP, 4ème Avenue 3594 M BP538, 06516 CARROS; or by e-mail to the following address: service.clients@alolivier.com; or by telephone: (+33)1 30 18 09 09.

The Customer must contact Customer Service before initiating any mediation request.

Failing amicable agreement, the Customer can refer the matter free of charge to the consumer ombudsman to which A L’OLIVIER belongs, i.e. AME CONSO, within a period of one year from the date of the written complaint sent to A L'OLIVIER in accordance with article L612-1 of the Consumer Code.

The referral to the consumer ombudsman should be made:

- either by completing the relevant form on the AME CONSO website: www.mediationconso-ame.com ;
- or by letter addressed to AME CONSO, 11 place Dauphine – 75001 PARIS.

17.2 Under the same conditions, the Customer can apply for mediation on the European Commission’s online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

18. Applicable law and jurisdiction

18.1 These Terms are subject to French law.

18.2 Subject to the provisions of the Code of Civil Procedure to the contrary, any dispute that may arise concerning the validity, interpretation or performance of these Terms and which has not been settled amicably by the Parties hereto, shall be submitted to the FRENCH courts, notwithstanding plurality of defendants, third-party complaint, summary proceedings and expert opinion.