1) Identity of the seller
The seller is:
Whose head office is located at 6 rue Collange, Levallois – France.
Registered with the RCS of Paris under the number
SIRET: 5340447400011 E-mail: email@example.com
Telephone: 06 61 77 77 25
These General Terms and Conditions of Sale apply to products sold on the http://www.ALBANE-M.COM site operated and placed online by Albane M. All orders on the Site are subject to these General Terms and Conditions of Sale. These are likely to be subject to modifications and updates, the conditions applicable to the order of a product by a Customer are those in force on the day of the order.
All of this information is in French. The Customer declares to have the full legal capacity allowing him to engage under these general conditions.
Each product offered on the Site is accompanied by one or more photographs, a descriptive text of the materials and colors, this information is not contractual.
The descriptions and photographs of the products sold on the Site are as accurate and as faithful to reality as possible. However, the colors, dimensions, textures and other characteristics of the Products may be altered by the screens or internet browsers used to view them.
The Customer thus acknowledges that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the Site are indicative and non-contractual and cannot engage the responsibility of the Seller in the event of error, omission or modification.
However, Albane M. undertakes that the photographic representation of the products on the site is as faithful as possible to the product.
Regarding Personalized Products, the Customer acknowledges that he is content to "personalize" a product created by Albane M. and that this "personalization" does not involve any creative effort. All intellectual property rights relating to the Personalized Product belong exclusively to Albane M. .
It is however agreed, as a condition precedent to any sale of personalized Product that the Customer undertakes, in the event of creation on his part to yield, if necessary under the guarantees of right to Albane M. the model, including the drawings, plans, specifications of the product possibly created by the Customer on the louyetu.fr site and all copyrights attached thereto.
The assignment includes the assignment of the exclusive rights
a) to manufacture, reproduce, distribute and/or sell the Products
b) to manufacture, distribute and/or sell any Product derived from the model or designs,
c) to grant any license or sub-license for all purposes listed above, Albane M. considers that by validating the General Conditions of Sale, the Customer has duly taken note of the conditions for the transfer of the rights resulting from "his possible Creations” and accepts them without reservation. If the Customer transmits a personal motif or personalizes the product by adding a text, he assures albane-m.com that the text and/or the chosen motif are free of third-party rights. In the event of possible violations of copyright, personality or law, these are the sole responsibility of the Customer and the Customer alone will assume any legal consequences.
If Albane M. were prosecuted for this reason, the client undertakes to indemnify Albane M. against any condemnation that may result. The Customer also ensures that he does not infringe any other third party rights by individualizing the Product.
3) Terms of order
After validation of the order by the Seller, the Customer receives a confirmation by e-mail.
Order taking on the Site is subject to compliance with the procedure set up by Albane M. on the site comprising successive stages leading to the validation of the Order.
In order to place an order, the Customer undertakes to communicate via the Site only the real and valid information necessary for the performance of the service covered by these GCS. The Seller cannot be held responsible for erroneous information transmitted by the Customer resulting in the non-performance of the service covered by these GCS. The Customer may at any time access his data and modify them in the “my account” section.
Any order will be deemed validated only after acceptance of payment. The Seller shall be entitled to refuse or cancel any order relating to a Customer in dispute over a previous order.
Orders are accepted within the limits of available stocks. The permanent or temporary unavailability of a product does not in any way engage the responsibility of the seller and does not entitle the Customer to compensation or damages. After validation of the order by the Seller, the Customer receives a confirmation by e-mail.
The customer can select as many Products as he wishes which will be added to the basket. The basket summarizes the products chosen by the Customer as well as the prices and costs relating thereto. The customer can freely modify the basket before confirming his order. The validation of the Order is worth confirmation of the acceptance by the customer of the GCS, the products purchased, their price as well as the associated costs. A confirmation email summarizing the order (products, prices, product availability, quantity, etc.) will be sent to the customer by albane-m.com. To this end, the customer formally accepts the use of e-mail for confirmation by Albane M. of the content of his order.
4) Prices and terms of payment
The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order), excluding the cost of packaging, order processing and shipping.
Packaging, order processing and shipping costs are indicated before validation of the order.
The seller may modify the prices of the products at any time and without notice, in particular due to changes in the economic, legislative and tax framework. The products are invoiced on the basis of the tariff in force at the validation of the order.
The products remain the full property of Albane M. until full payment of the price of each order by Albane M.
Payment for purchases is made via the secure platform of our partner Crédit Agricole.
The customer expressly acknowledges that the communication of his bank card number to Albane M. constitutes authorization to debit his account up to the price of the products ordered. If necessary, a notification of order cancellation for non-payment is sent to the customer by Albane M. on the email address provided by the customer when registering on the site.
The data recorded and kept by Albane M. constitutes proof of the order and of all past sales. The data recorded by the payment platform (BANK) constitutes proof of any financial transaction between the customer and Albane M. .
For delivery outside the European Union, the customer must pay customs duties or other taxes due when the products are imported into the country of the place of delivery. The related formalities are also the sole responsibility of the Client.
The Customer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.
In accordance with the provisions of Article L 121-20-3 of the Consumer Code, the Products ordered are delivered within the deadlines indicated on the site and during the confirmation of the order, and within 30 working days from of the order. The times indicated on the site and during the confirmation of the order are only indicative and correspond to the average time of processing and delivery of the package.
In the event that the package is damaged on delivery, the customer must check the condition of the products in his order in the presence of the carrier and indicate precisely on the carrier's delivery note any reservations in the event of a missing or damaged item.
Products are delivered worldwide. No delivery can be made to a hotel or PO box address.
Albane M. undertakes to ship all orders placed before noon the same day (only on working days).
However, during peak periods such as Christmas, Albane M. reserves the right to extend the shipping time to 72 hours.
What are the delivery times ?
Monday to Friday before 10 a.m.:
Parcels leave at 10 a.m. – so you must place an order the day before or the same day before 9 a.m. for a same-day departure.
Friday after 10 a.m., weekends and public holidays:
Orders leave Monday morning.
From the dispatch of the order, the average delivery times are as follows:
- 24 to 48 hours by Chronopost;
- 2 to 5 working days by Colissimo for France;
- 5 to 10 working days by international Colissimo.
It is specified that any change of delivery address made by the Customer after the registration of the order may result in an extension of the delivery time.
Albane M. and the carriers being separate and independent entities, Albane M. cannot be held responsible for any delay and error in delivery or loss of parcels attributable to Colissimo or Chronopost.
6) Right of withdrawal and methods of return
In the event that the customer is not satisfied with the products, he has a right of withdrawal of 14 clear days from the date of
day of receipt of his order to return one or more items, without justifying the reason.
The returned product(s) must be in new condition, not having been worn or used or having been the subject of any use whatsoever and in their original packaging, accompanied by a copy of the invoice. Otherwise the package will be returned. The customer organizes the return at his convenience, at his expense and at his risk to the address indicated on the receipt.
The shipping costs related to the return of the products remain the responsibility of the customer unless the product received is not in conformity or has a manufacturing defect.
Any customs fees related to the return of a product from a foreign country are also the responsibility of the customer.
Albane M. strongly advises its customers to return the products by Colissimo or Letter Max. The customer also has the option of choosing the carrier of his choice. On the other hand, the costs of return as well as the related risks are the responsibility of the customer. It is therefore recommended to him to provide proof of this return, which supposes that the products are returned with parcel tracking, or by any other means giving a certain date.
Upon receipt, and subject to these return conditions, the seller will refund the order excluding initial shipping costs by crediting the customer's bank account within 15 days of receipt of the package by the seller. No exchange is possible.
In the absence of compliance with these return conditions, the package will be returned to the customer at his expense and will not result in any refund.
Are excluded from any warranty:
– Improper use and maintenance as well as defects in use or maintenance.
– Damage due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes.
– Damage due to an external event (lightning, water damage, etc.).
– Interventions carried out on the jewel by any person not mandated by the After-Sales Service as well as the deterioration resulting from such an intervention.
Reimbursement will be made by bank transfer to the card used to pay the initial invoice. It is not possible to replace or exchange returned products. You will need to place a new order online.
With regard to returns of personalized products: Article L121-20-2 of the Consumer Code provides that "the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized" .
However, we undertake to reimburse you for clearly personalized products that do not correspond to your order (defective or non-compliant).
The Products benefit from the legal guarantee of conformity as well as the legal guarantee against hidden defects. Abnormal or non-compliant use of the products, as well as the consequences of such use or of external causes are excluded from the scope of the contractual guarantees.
For access to the site as well as for all stages of the purchase process, from ordering to shipping as well as subsequent services, the seller has only an obligation of means and cannot be held liable for all the inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses or any case of force majeure.
8) Protection of personal data
The personal information relating to the Customer is essential for the processing and delivery of orders, and the establishment of invoices.
Albane M. undertakes not to disclose to third parties the information provided by Customers on the site. These are confidential. They will only be used for the processing of his order and the follow-up of commercial relations and will be treated in complete confidentiality taking into account the personal data communicated by the Customer.
The Customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with Albane M. You can exercise this right by sending us a letter to the following address: Albane Porthault 6 rue Collange, 92300, Levallois – France
9) Intellectual Property
The Customer acknowledges that the Albane M. Products and the distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of Albane M. .
The Customer is prohibited from any act of reproduction or use of product models, packaging, brands or distinctive signs, inventions, techniques or know-how used by Albane M. , as well as any act tending to the appropriation of these elements. , whether or not they are protected by Albane M. by a patent, trademark, registered design and model or copyright.
10) Applicable law, language and disputes
These General Conditions and accepted orders are subject to French law.
The language of these General Conditions and of the accepted orders is the French language.
In the event of a dispute, the French courts will have sole jurisdiction.