General Terms and Conditions of Sale B2C
GENERAL TERMS AND CONDITIONS OF SALE (FOR CONSUMER ATTENTION)
Applicable from 1 February 2020
References: LS ALPES - CGV202001
Definitions:
“Order” : refers to the order placed by the CLIENT via the Site.
“Account” : refers to the account created by the CLIENT on the Site.
“Contract”: refers to the contractual whole formed by these General Terms and Conditions of Sale, the Shopping Cart and the General Terms and Conditions of Use.
“Data” means personal data, as defined by law, of the CLIENT and transmitted by the CLIENT to LS ALPES.
“Basket” : refers to the summary provided by LS ALPES to the CLIENT via the Site, summarizing all the Products ordered and their cost.
“Products” : refers to the items sold by LS ALPES and listed on the Site. The Products are described and presented by LS ALPES as accurately as possible, it being understood that in the event of any discrepancy between the presentation of the Products and their actual appearance, LS ALPES cannot be held liable.
“Site” : refers to the website accessible at the following address: https://www.lasavonnette.com/
"_AT_" : _AT_ replaces @ when an email address is mentioned. You will need to rewrite this email in your email program and replace _AT_ with @. This is a simple protection against spam.
General provisions and acceptance of the general terms of service:
1. These general terms and conditions of sale (hereinafter "GTC") are intended to define the terms and conditions under which the company LS ALPES, a single-member simplified joint-stock company with a capital of 7,000 euros, registered with the Annecy trade and companies register under number 880 935 598, whose registered office is Parc d'activités de La Ravoire – Impasse de La Ravoire – 74370 EPAGNY METZ TESSY, represented by its current President, duly authorized for the purposes hereof, (hereinafter "LS ALPES"), sells the Products, as defined in these GTC, to its customers who are consumers or non-professionals in accordance with the provisions of the Consumer Code, domiciled in France or abroad (hereinafter "the CUSTOMER").
LS ALPES and the CLIENT are referred to individually as "a Party" and collectively as "the Parties".
2. Should any provision of these General Terms and Conditions be declared null and void, for any reason whatsoever, it shall be deemed unwritten, without affecting the validity of the remaining provisions or rendering them invalid. The Parties agree to replace the null and void provision with a provision that most closely reflects the content of the originally agreed provision and the initial intention of the Parties, in order to maintain the initial balance of their relationship. The same principles shall apply in the event of incomplete provisions.
No tolerance, inaction or inaction on the part of LS ALPES shall be interpreted as a waiver of its rights under the General Terms and Conditions of Sale
3. Any order placed with LS ALPES by the CLIENT implies full and unreserved acceptance of the General Terms and Conditions of Sale in effect on the date the order is placed, regardless of any conflicting provisions that may appear in any document issued by the CLIENT. They supersede and replace all previous terms and conditions.
4. LS ALPES reserves the right to modify or adapt these Terms and Conditions at any time. The applicable Terms and Conditions will be those in effect on the date the Order is placed by the CLIENT.
5. The CLIENT acknowledges having read the General Terms and Conditions before placing an Order, having accepted them and having the capacity to contract.
Article 1: Purpose – Contractual Documents
1.1 The purpose of these General Terms and Conditions is to determine the conditions and procedures under which LS ALPES sells and delivers the Products ordered by the CLIENT.
1.2 The Contract is formed by the following contractual documents:
- these Terms and Conditions;
- the Basket;
- the General Terms and Conditions of Use (GTC);
- LS ALPES' privacy policy.
Article 2: Order Placement Procedure - Shopping Cart
2.1 To order Products, the CUSTOMER must first visit the Site, using any device that allows an internet connection, in order to enter the Products he/she wishes to order, and thus create his/her Shopping Cart. No orders sent by mail will be accepted.
2.2 When placing an order, the CUSTOMER must confirm it using the "double-click" technique: after selecting the Products added to their Basket, the CUSTOMER must check and possibly correct the contents of their Basket (namely, in particular: identification and quantity of selected Products, corresponding prices, delivery methods and costs), before validating it, accepting these Terms and Conditions, and their obligation to pay for the Order, and thus confirming acceptance of their Order.
2.3 Following the placement of the Order by the CLIENT, LS ALPES will acknowledge receipt by sending the CLIENT an Order confirmation email including a summary of their Order and their number.
2.4 LS ALPES reserves the right not to validate the CUSTOMER's Order for any legitimate reason, including in the event that:
- it would not comply with these Terms and Conditions;
- Payment is refused;
- one of the CLIENT's previous orders had not been paid in full by the due date;
- a dispute relating to the payment of one of the previous orders is reportedly being processed;
- Several serious and consistent elements would cast suspicion of fraud on the Order.
2.5 Emails are sent to the email address provided by the CLIENT.
Article 3: Products - Availability
3.1 The Products sold by LS ALPES are those displayed on the Site. In the event of a specific order, it is the CLIENT's responsibility to send an email to the following email address: contact_AT_lasavonnette.com .
3.2 The products offered for sale are those described on the Website on the day the Customer consults the Website, subject to availability. This information is updated automatically in real time. However, LS ALPES shall not be held liable for any errors in updating, regardless of their origin. Therefore, LS ALPES shall not be held responsible for the cancellation of a Product Order due to stock depletion or a failure on the part of one of its suppliers.
3.3 If, after the Order, the ordered Product becomes totally or partially unavailable, LS ALPES will inform the CLIENT by mail of this unavailability and will give the CLIENT the option, at its discretion:
- or to be delivered a Product of equivalent quality and price to the one initially ordered;
- or to be reimbursed for the price of the Product ordered.
3.4 LS ALPES takes the utmost care in presenting and describing these Products to best inform the CUSTOMER. However, it is possible that errors beyond the control of LS ALPES may appear on the Site, which the CUSTOMER acknowledges and accepts.
3.5 It is possible that the Customer may receive, following an Order, an item previously returned by another person. It is specified that LS ALPES only accepts the return of Products that are intact and unused; these two conditions are verified before the returned Products are restocked.
Article 4: Shipping and Delivery
4.1 LS ALPES offers different delivery methods, the delivery conditions, and in particular the costs and times, being different depending on the delivery method chosen by the CLIENT.
The different delivery methods are specified in the "DELIVERIES AND RETURNS" section of the Site.
4.2 The delivery terms, including costs and delivery times, applicable to the Order are those indicated on the Website at the time of the Order. Delivery of certain Products to certain geographical areas may incur additional charges. In such cases, this information will be clearly communicated to the CUSTOMER.
The total amount of delivery charges for the Order is clearly indicated to the CUSTOMER when placing the Order, and before any validation thereof.
4.3 The delivery date of the Products is indicated when the CLIENT chooses the delivery method.
If the Order contains multiple Products with different delivery times, the delivery time for the Order will be the longest delivery time.
The CLIENT is informed that:
- For products in stock at the time of ordering: LS ALPES reserves the right to a preparation time of 96 hours before dispatch (business days);
- For products out of stock at the time of ordering (pre-orders): the order will be shipped after LS ALPES receives the products from its supplier, as LS ALPES cannot be held responsible for its suppliers' delivery times. Therefore, the delivery time indicated on the day of the order is an estimate only, based on the information available to LS ALPES at the time of the order.
4.4 LS ALPES delivers the Products to the territories mentioned on the Site.
4.5 When LS ALPES is responsible for the delivery of the Product, the risk of loss or damage to the Product is transferred to the CLIENT upon receipt of the Product by the CLIENT.
By way of exception, the risk is transferred to the CLIENT upon delivery of the Product to the carrier when the latter is charged with the transport by the CLIENT and not by LS ALPES.
4.6 If delivery is impossible due to an incorrect delivery address or the customer's failure to collect their order from the selected collection point or the carrier, LS ALPES will not issue a refund. The customer will be responsible for providing a new, valid delivery address, and may be charged for reshipping.
4.7 In the event of a delay in the delivery of ordered products, LS ALPES will endeavor to inform the CLIENT. The CLIENT may also report the delivery delay themselves:
- via his Account
- to the following email address: contact_AT_lasavonnette.com .
LS ALPES undertakes to do what is necessary to determine the cause of the delay and to find an appropriate solution with a view to the effective delivery of the Products ordered as soon as possible.
It is specified here that LS ALPES cannot be held responsible for delivery delays due to external causes.
Also, if in the event of a delivery delay due to a cause beyond LS ALPES' control (for example: manufacturing delay on the part of the manufacturer), the CLIENT will not be able to cancel their Order.
In any event, if, after the Order, a Product becomes totally or partially unavailable, LS ALPES will inform the CLIENT of this unavailability by email and give them the option to:
- or to be delivered a Product of equivalent quality and price to the one ordered;
- or to be reimbursed for the price of the ordered Product no later than 30 days after payment of the Order.
Article 5: Customer Receipt of Products – Product Storage
If upon receipt of the Products the CLIENT notices that some Products are missing or damaged, he will contact LS ALPES as soon as possible so that LS ALPES can send him the missing Products or replace the damaged Products as soon as possible.
It is the CLIENT's responsibility to provide proof of the deterioration of a delivered Product and that this deterioration is not attributable to them.
Article 6: Right of withdrawal
6.1 In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code , the CLIENT has a period of fourteen working days running from the day after receiving the last Product in his order to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs which remain the responsibility of the CUSTOMER.
The transport of the Products The customer is responsible for any damage to the returned products; any damage to the products incurred during this return process is the responsibility of the customer. occasion being such as, as recalled below, to thwart the exercise of the CUSTOMER's right of withdrawal.
6.2 To exercise his right of withdrawal, the CLIENT must notify LS ALPES of his decision to withdraw from the Order by means of an unambiguous written statement, before the expiry of the 14-day withdrawal period mentioned in article 6.1 above.
The CLIENT may use the withdrawal form available on the Site, but this is not mandatory; the CLIENT may send LS ALPES any written statement expressing their wish to withdraw.
The CUSTOMER can also exercise their right of withdrawal via their Account, by writing to the following email address: contact_AT_lasavonnette.com or by writing to the postal address of the head office of LS ALPES.
6.3 LS ALPES will acknowledge receipt of the CLIENT's withdrawal decision by email. LS ALPES will then proceed to reimburse the sums paid by the CLIENT without undue delay and in any event, at the discretion of LS ALPES:
- no later than 14 days from the day LS ALPES became aware of the CLIENT's decision to withdraw,
- or on the day the Products are recovered,
The refund of sums paid by the CLIENT will be made using the same payment method used by the CLIENT, unless otherwise agreed by the Parties. This refund will be free of charge for the CLIENT.
6.4 Only Products returned in a condition that allows them to be resold by LS ALPES (this implies that they are returned in their original packaging, given the nature of the Products) will be accepted. Consequently, Products returned incomplete, damaged, or used will not be accepted.
By express agreement between the Parties, taking into account the nature of the Products and the importance of the original packaging for the value of the Products, it is agreed that Products unsealed by the CLIENT are considered as used products within the meaning of the clause above, and that consequently the CLIENT cannot exercise his right of withdrawal for unsealed Products.
6.5 The CUSTOMER must return the Products to LS ALPES no later than 14 days after sending their withdrawal request.
6.6 In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: "1° For the supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations in the financial market which are beyond the control of the professional and which may occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods liable to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software which have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, of services provided on a specific date or during a specific period;
13° The supply of digital content not supplied on a tangible medium where performance has begun after the consumer's express prior consent and express waiver of their right of withdrawal.
Also, in view of these elements and point 5° of article L.221-28 of the aforementioned Consumer Code, the CLIENT is informed that he does not benefit from any right of withdrawal when the Products have been unpacked and/or used by the CLIENT within the period of 14 days.
6.2 All applicable legal provisions regarding the right of withdrawal are reproduced in Appendix 1.
Article 7: Price Information
7.1 Product offers are valid as long as they are visible on the Site. Product prices are shown on the Site in euros, including VAT, but excluding customs duties and other taxes.
All prices shown include value added tax (VAT) applicable in France, which may differ depending on the billing country.
7.2 The prices of the Products indicated on the Product sheets of the Site are excluding delivery costs, any customs fees and other taxes, and any other special additional services to which the CLIENT may have subscribed.
7.3 The amount of delivery charges applicable to the Products ordered is accessible on the Site.
Article 8: Payment Terms
8.1 Payments for the Basket price are made:
- by bank cards (excluding American Express);
- PayPal
- Apple Pay (if available)
- By bank transfer after acceptance by LS ALPES
The CUSTOMER expressly acknowledges that providing their bank card number to LS ALPES constitutes authorization to debit their account for the price of the Products ordered. If applicable, a notification of Order cancellation due to non-payment will be sent to the CUSTOMER by LS ALPES to the email address provided by the CUSTOMER during registration on the Website.
The data recorded and stored by LS ALPES constitutes proof of the Order and of all sales made.
8.2 LS ALPES reserves the right not to offer one or more payment methods for any legitimate reason, particularly in the event that:
- The payment partner no longer offers the service in question.
- one of the CLIENT's previous orders was not paid in full by the due date,
- A dispute concerning payment for one of the CLIENT's previous orders is currently being processed.
- Several serious and consistent elements would cast suspicion of fraud on the Order.
8.3 RETENTION OF TITLE : Ownership of the LS ALPES Products shall not transfer to the CLIENT until full payment of the price has been received from the CLIENT, regardless of the delivery date of said Products. Should payment not be made within the time frame agreed upon by the Parties, LS ALPES reserves the right to repossess the delivered Products.
Article 9: Securing payments and combating fraud
Online payments on the Site or by telephone to LS ALPES are made via a secure payment platform, supplemented by control measures, specific to each payment method, in order to guarantee the security of purchases made on the Site and to combat fraud.
The payment card details provided by the CUSTOMER when placing their Order are never transmitted unencrypted over the network.
Article 10: Guarantees
10.1 For products purchased from LS ALPES, LS ALPES is liable for defects in conformity of the Product to the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
With regard to the warranty against hidden defects, the CLIENT may decide to implement this warranty within the meaning of Article 1641 of the Civil Code and, in this case, may choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
10.2 It is reminded that the consumer, within the framework of the legal guarantee of conformity:
- benefits from a period of two years from the delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the non-conformity of the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover your goods, if one exists.
10.3 It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case he may choose between the termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
10.4 To benefit from the legal guarantee of conformity or the guarantee against hidden defects for a product purchased from LS ALPES, the CUSTOMER must contact LS ALPES by the following means:
- by email, to the following address: contact_AT_lasavonnette.com
- through his Account
- by mail to the head office of LS ALPES.
10.5 The reproduction of the legal provisions concerning the various guarantees is provided in Appendix 2.
Article 11: Force majeure
In the event of a force majeure event preventing the execution of these General Terms and Conditions, LS ALPES shall inform the CLIENT within fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgment of receipt.
Specifically, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, severe weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to marketing methods, computer failures, telecommunications blockages, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship.
All obligations of the Parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction in question may be terminated at the request of LS ALPES or the CLIENT without compensation for either party.
Article 12: Information Technology and Freedoms – Protection of Personal Data
The personal data protection policy is detailed in the Privacy Policy document available at this address: link
Article 15: Intellectual Property
LS ALPES retains ownership of all intellectual property rights on studies, drawings, models, prototypes, etc., produced (even at the request of the CLIENT) for the purpose of supplying the Products to the CLIENT.
The CLIENT therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, Products, etc., without the express, written and prior authorization of LS ALPES which may make it conditional upon a financial consideration.
Article 16: Applicable Law
These Terms and Conditions and the transactions arising therefrom are governed by and subject to French law.
These Terms and Conditions are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 17: Disputes
17.1 ALL DISPUTES ARISING FROM PURCHASE AND SALE TRANSACTIONS CONCLUDED UNDER THESE GENERAL TERMS AND CONDITIONS OF SALE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND SUBSEQUENT EFFECTS, WHICH COULD NOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER, SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
17.2 The CLIENT is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with existing sectoral mediation bodies, whose references appear on the Site or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
17.3 The European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase and then forward them to the competent national mediators.
This platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/
Article 18: Pre-contractual information - Customer acceptance
The CLIENT acknowledges having received, prior to placing their order and concluding the Contract, in a legible and understandable manner, these General Terms and Conditions and all the information listed in Article L.221-5 of the Consumer Code , and in particular the following information:
- the essential characteristics of the Products, taking into account the communication medium used and the Products concerned;
- the price of the Order and any additional costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or period within which LS ALPES undertakes to provide the Order ordered;
- Information relating to the identity of LS ALPES, its postal, telephone and electronic contact details, and its activities, if not already apparent from the context,
- information relating to legal and contractual guarantees and their implementation procedures;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form available in the Account), the terms of termination and other important contractual conditions;
- Accepted payment methods.
Placing an order on the Site by a natural person (or legal entity) implies full and complete acceptance of these Terms and Conditions and an obligation to pay for the Order, which is expressly acknowledged by the CLIENT, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against LS ALPES.
Article 19: LS ALPES Contact Information
Company name: LS ALPES
SIRET: 880 935 598 00016
Address: La Ravoire Business Park – Impasse de La Ravoire – 74370 EPAGNY METZ TESSY
Email address: contact_AT_lasavonnette.com
Telephone: 0980745537
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