General terms and conditions of sale
Paris, September 21, 2023
Only the French text is binding.
This translation is only offered as a convenience. The English text does not binding to the Company.
AG Tricots
SAS with a capital of 10 000 euros
With its head office at 5, rue de Varenne, 75007 Paris
Registered with the RCS of Paris under the number 821 032 539
VAT number : FR 06 821 032 539
Telephone number +331 43 20 80 51
E-mail address : info@alexandragolovanoff.com
General terms and conditions of sale
Date of last update : September 21, 2023
Between the Company AG TRICOTS, SAS with a capital of 10 000 euros, registered at the RCS of Paris under the number 821 032 539, having its head office at 5, rue de Varenne, 75007 Paris, represented by Mr. Charles Noli, as President.
The company can be reached by email by clicking on the contact form accessible via the home page of the site or at the email address: info@alexandragolovanoff.com.
Hereafter the "Seller" or the "Company".
On the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter, "the Buyer", or "the Customer".
On the other hand,
It has been exposed and agreed as follows:
PREAMBLE
The Seller is the publisher of products sold under the Alexandra Golovanoff or Alexandra Golovanoff Tricots brand to consumers, marketed through its websites (https://www.alexandragolovanoff.com ).
The list and description of goods and services offered by the Company can be found on the above-mentioned websites (hereinafter the E-shop). The E-shop also markets products of third-party brands.
Article 1 : Purpose
The present General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
The products governed by the present General Conditions are those which appear on the E-Shop and which are indicated as sold and shipped by the Company. They are offered within the limits of available stocks.
The essential characteristics of the Products are described and presented with the greatest possible accuracy.
Article 2 : General provisions
The present General Terms and Conditions of Sale (GTC) govern the sale of Products or Services, made through the Company's E-shop, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the Company's website at the following address: https://www.alexandragolovanoff.com/pages/conditions-generales-de-vente.
The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs.
The Customer declares that he/she is legally able to contract under French law or validly represents the individual or legal entity for which he/she is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Prices
The prices of the Products sold through the websites are indicated in Euros or in the currency of the country from where the order is placed excluding taxes and custom duties, and precisely determined on the pages of description of the Products.
They are also indicated in Euros or in the corresponding currency including all taxes (sales taxes, other possible taxes and custom duties when applicable) on the order page of the products and excluding specific shipping costs.
For all products shipped outside the European Union and/or French overseas departments and territories, the price may include taxes and custom duties. For the US the sales and federal taxes are never calculated. In the case where duties and taxes are not mentioned on the payment page, they will have to be paid by the Client upon reception.
Customs duties or other local taxes or import duties or state taxes may be applicable in certain cases and payable by the Buyer.
When not indicated and paid for on the payment page, the taxes and custom duties are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the competent authorities, etc.).
The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities.
The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company's websites shall be borne by the Customer.
Where applicable, delivery costs shall also be borne by the Client.
Shipping and returns are to be paid by the Client except when the Product(s) is/are defective.
Article 4: Conclusion of the contract online
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps in order to conclude the contract by electronic means: information on the essential characteristics of the Product; choice of the Product, if applicable, of its options, indication of the Customer's essential contact details (identification, email, address, etc.); acceptance of these General Terms and Conditions of Sale; verification of the elements of the order (double-click formality) and, if applicable, correction of errors.
Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will entail the formation of this contract. Then, the instructions for payment are followed, payment of the products, and delivery of the order.
The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. The Customer will receive a .pdf copy of the present GTC.
Article 5 : Products
The essential characteristics of the goods and their respective prices are made available to the Buyer on the Company's E-shop. In all cases, the total amount due by the Buyer is indicated on the order confirmation page.
The price of the Product is the one in force indicated on the day of the order, this one not including the shipping costs charged in supplement. These possible expenses are indicated to the Buyer during the process of sale, and in any case at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products are not delivered immediately, clear information is given on the product presentation page as to the delivery dates of the products.
The Customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information on the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of the present sale.
The Seller undertakes to honour the Customer's order within the limits of available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer.
The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are granted only to the natural person who signs the order (or the person who holds the email address provided).
Article 6 : Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products offered for sale through these GTCs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains responsible for the defects of conformity and the hidden defects of the product.
In accordance with article L.217-4, the Seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. The Seller is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: (describe the refund procedure, and how the product should be returned, and the refund of shipping costs if applicable).
Article 7: Clause of property reserve
The products remain the property of the Company until full payment of the price.
Article 8 : Delivery methods
The Products are delivered by the forwarding agents proposed to the delivery address which was indicated at the time of the order and within the times indicated. These deadlines do not consider the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times. In the event of a delay in shipment, the Company shall inform the Customer of the new delivery window. In case of delay of delivery, the Customer has the possibility to cancel the contract in the conditions and modalities defined in the Article L 216-2 of the Code of the consumption. The Seller proceeds then to the refund of the product and to the expenses "outward journey" under the conditions of the provisions of the articles L216-3 and the L241-4 of the Code of the consumption.
The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds that when the Customer takes physical possession of the Products, the risks of loss or damage of the Products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the Product delivered.
Where applicable, delivery costs shall also be borne by the Client.
Shipping and returns are to be paid by the Client except when the Product(s) is/are defective.
When exchanging a Product, the Buyer has to return the Product. It will be reimbursed. A new order will have to be made by the Buyer.
Article 9 : Availability and presentation
In case of unavailability of an article for a period exceeding fifteen working days, you will be immediately warned of the foreseeable delays of delivery and the order of this article could be cancelled on simple request. The Customer will then be able to ask for a credit note for the amount of the article or its complete refund and the cancellation of the order.
Article 10 : Payment
Payment is due immediately upon ordering, including for pre-ordered Products. The Customer can make the payment by credit card or via the Paypal account of the E-shop. Cards issued by banks domiciled outside France must be international bank cards (American Express Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable.
By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.
Article 11 : Guarantees
In accordance with the law, the Seller assumes the guarantees of conformity and relative to the hidden defects of the products. The Seller shall reimburse the Buyer or exchange the apparently defective products or those that do not correspond to the order placed. The request for refund must be made in the following way: sending an e-mail to the address info@alexandragolovnaoff.com or a letter to the postal address of the Company.
All our products benefit from the legal guarantee of conformity and the guarantee of the hidden defects, envisaged by articles 1641 and following of the Civil code. In case of non-conformity of a product sold, it can be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by email (info@alexandragolovanoff.com), mail (postal address of the Company) or telephone (+33143208051) within 30 days of delivery.
The Products must be returned to us in the state in which you received them with all the elements (tags,accessories, packaging, instructions...). The shipping costs will be reimbursed to you on the basis of the invoiced rate and the return costs will be reimbursed to you on presentation of the receipts.
Article 12 : Complaints and mediation
If necessary, the Buyer can present any complaint by contacting the company by means of the following coordinates: e-mail (info@alexandragolovanoff.com), mail (postal address of the Company) or telephone (+33143208051).
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.
In the event of failure to file a claim with the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together in order to reach an amicable solution.
Article 13 – Responsibility
The products offered are in accordance with the French legislation in force. The responsibility of the Company cannot be engaged in case of non respect of the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products you plan to order.
Furthermore, the Company shall not be held responsible for any damage resulting from misuse of the product purchased.
Finally, the Company shall not be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Article 14 : Resolution of the contract
The order may be cancelled by the Buyer by registered letter with acknowledgement of receipt in the following cases: delivery of a product that does not conform to the characteristics of the order; delivery beyond the deadline set at the time of the order or, in the absence of a date, within thirty days of payment; an unjustified price increase or modification of the product. In these cases, the Buyer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
Article 15 : Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16 : Force majeure
The performance of the obligations of the Seller under these GTC shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The Seller shall notify the Customer of the occurrence of such an event as soon as possible.
Article 17 : Nullity and modification of the contract
If one of the stipulations of the present contract were to be nullified, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 18 : Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data which has for its purpose the sale and delivery of products defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, if applicable, of the data controller's representative: the Seller, as indicated at the top of these GTCs; the contact details of the data protection officer: Charles Noli, 5, rue de Varenne, 75007 Paris; the legal basis for the processing: contractual performance; the recipients or categories of recipients of personal data, if any: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations, as well as any authority legally authorized to access the personal data in question; the duration of data retention: the time of the commercial prescription; the data subject has the right to request from the controller access to personal data, rectification or erasure of personal data, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to data portability. The data subject has the right to lodge a complaint with a supervisory authority, the information requested when ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decisions or profiling is implemented through the ordering process.
Article 19 : Archiving Proof
The Company shall archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of the Company will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 20 : Applicable law and clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale operations referred to herein, shall be subject to French law. In case of dispute, the Tribunal d'Instance de Paris is the only competent court.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
