1 - Preamble
The purpose of the present Terms and Conditions of the company Aluspirit (hereafter "T&Cs") - whose full contact details are available by clicking here (hereafter "Aluspirit") - is to define the rights and obligations of Aluspirit and the Client (as designated hereafter) in the context of the sale of Products from the website www.aluvy-design.com (hereafter the "Site") published and operated by Aluspirit.
The conditions of use of the Site are defined in Aluspirit's Terms of Service, available by clicking here.
Aluspirit has taken out a "civil liability" insurance policy with the company: AXA Assurances.
Aluspirit's customer service can be reached at the following address: email@example.com.
Aluspirit reserves the right to modify the present T&Cs at any time. Any new version of these Terms and Conditions will be notified to the Client prior to finalisation of the Order. Clients who do not wish the Order they are finalising to be governed by the new T&Cs shall refrain from placing an Order on the Site.
The applicable T&Cs are those published on the Site at the time of the Order.
2 - Definitions
The following terms, whether used in the singular or plural in these T&Cs, shall have the following definition:
- Aluspirit : refers to the company Aluspirit, a simplified joint stock company with a capital of 60,000 euros, registered with the Vienne Trade and Companies Register under number 888 530 672 and whose registered office is located at 231 Chemin du Ténement, 38260 Porte-des-Bonnevaux (France) ;
- Client : refers to any natural person over the age of majority registered on the Site and contracting with Aluspirit in order to acquire Products for his personal needs;
- T&C's : refers to the present Terms and Conditions;
- Account : designates the personal account created by any Customer on the Site to place an Order and accessible by the latter by means of an identifier and a password;
- Order : designates the order(s) for Product(s), including the Pre-Order, placed by the Client with Aluspirit on the Site and according to the terms and conditions set forth in these T&Cs;
- Confidentiality Policy : refers to the policy on confidentiality and protection of Clients' Personal Data implemented by Aluspirit and accessible by clicking here, which is an integral part of these T&Cs;
- Pre-order : refers to the possibility for the Client to order Products presented on the Site before their market launch date;
- Products : refers to outdoor appliances and furniture and various accessories from the world of kitchens designed, manufactured and marketed under the ALUVY brand name by Aluspirit on the Site;
- Site : refers to the Internet site published by Aluspirit and accessible in particular via the URL address https://www.aluvy-design.com/ ;
3 - Presentation of the Products
Prior to placing an Order, the Customer may consult the characteristics of the Product(s) he wishes to order or pre-order directly on the Site.
The Products presented on the Website are presented as accurately as possible. The photos and descriptions are intended to present the Products in the best possible way, are for information purposes only and are non-contractual.
- Available products
Aluspirit proposes to the Client to proceed with the acquisition of finished Product(s) immediately available for sale as described on the relevant pages of the Site.
The Customer may, in certain cases, pre-order on the Site a Product that is not yet manufactured and/or unavailable for sale in order to reserve it for the day it is officially put up for sale.
The sale of Pre-Order Products is subject to their approval, which certifies their compliance with the standards and regulations in force.
The Customer may pre-order the Products in accordance with the Order process provided for in Article 5 of these TCs and the delivery terms chosen by the latter under the conditions set out in Article 8 of the T&Cs.
He will then be informed by e-mail of the date of availability of the Product and the corresponding delivery time.
If the Pre-Order cannot be honoured by Aluspirit, the Client will be fully refunded the amount paid at the time of the Pre-Order on the payment method used for the Order and at no additional cost to the Client.
Aluspirit may, if necessary, propose to the Client to adapt or personalise certain Products, in particular to choose their colour.
In this context, the Client may not claim any copyright on the customisations requested, nor any exclusivity on them.
4 - Terms and Conditions of the Order
Orders can only be delivered within Metropolitan France, Corsica and, for certain countries, the European Union. Orders that do not meet these geographical limitations cannot be taken into consideration.
Orders placed on the Site may only be placed for personal use as declared and acknowledged by the Customer. In this respect, Aluspirit reserves the right to limit the number of Orders placed if the number of Orders placed is too large to presume a commercial use of the said Products.
These restrictions may apply to Orders placed using the same credit card, or using the same billing and/or shipping address.
The Client shall refrain from reselling the Products, and Aluspirit reserves the right to prohibit sales to any Client reselling Products.
5 - Order Process
The Customer must connect to his Account in order to place an Order on the Site:
- If the Customer already has an Account, he must identify himself at this stage by entering his login and password;
- If the Customer does not have an Account, he will be asked to create one by entering a valid e-mail address, his first and last name, a postal address and a telephone number.
In order to enable easier and quicker registration or connection to the Site, the Customer also has the possibility of automatically pre-filling in the registration form using the "connect via Facebook" option.
The Client guarantees the accuracy, sincerity and conformity of the information transmitted to Aluspirit. Consequently, it is the Client's responsibility to modify at any time and as soon as possible any change of contact details via his Account accessible from the Site.
Aluspirit shall not be held liable for the Client's lack of diligence in subscribing, modifying and updating his Personal Data, and for any erroneous contact details, with their consequences on the Order, in particular the delivery of the Products.
The Client then receives an e-mail confirming his registration from Aluspirit.
The creation of an Account allows the Client to :
- be informed of the effective availability date of the pre-ordered Product;
- track his deliveries and consult his Order history;
- return or exchange Products;
- dd or modify his delivery and invoicing addresses for future Orders;
- manage their subscription to the Aluspirit newsletter.
To place an Order, the Customer must select the Product(s) of his choice by clicking on the "Add to Cart" button and specifying the number of Products desired.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
At any time, the Customer can check the number of Products contained in his basket and obtain detailed information on each of them by clicking on "Basket".
From the "Shopping Cart" page of the Site, the Customer enters his or her delivery and billing address and expressly accepts the terms of these T&Cs by ticking the corresponding box and then proceeds to pay the amount of the Order by credit card.
The Order placed by the Customer shall not be final until the actual payment of the Order amount by the Customer.
Any Order placed by a Client on the Site is subject to immediate written confirmation by Aluspirit, sent by e-mail to the Client.
An e-mail is also sent to the Client to inform him of the dispatch of the Product(s) acquired.
The Client may exercise his right of withdrawal under the conditions set out in article 9 hereof.
Aluspirit undertakes to deliver Products within the limits of available stocks.
The estimated date of availability of a Product in Pre-Order will be expressly indicated to the Client at the time of his Order. In the event of a change in the availability date, the Client will be immediately informed by e-mail and/or directly via his Account.
Aluspirit is not liable in the event of stock shortages or unavailability of products.
The Client will be informed if one of the Products is out of stock or unavailable:
- either, when placing his Order on the Site and the sale cannot be completed;
- or, a posteriori to the payment of the price, by e-mail, as soon as possible. Aluspirit will reimburse the price of the unavailable Product(s) on the payment method used for the Order, within thirty (30) days from the notification sent to the Client.
7 - Prices and payment
The prices displayed on the Site for each Product are indicated in euros, all taxes included.
Payment is made exclusively by credit card (CB, Visa, MasterCard) on the Site.
Aluspirit reserves the right to modify the prices of the Products offered on the Site at any time and without notice. Products are invoiced on the basis of the prices displayed on the Site at the time the Order is placed, subject to the availability of the Products ordered at that time.
Payment is made on the Site via the secure banking platform of the company Payplug for cash payments or via the platform of the company Oney for payment of the price in instalments.
In this context, the Client is informed that Aluspirit does not at any time have access to his payment information and cannot be held liable in the event of fraudulent use of the means of payment used.
Upon payment, the Client will be redirected to the website of the payment service provider concerned and must accept the latter's applicable general terms and conditions in force on the date of the Order, such as :
- For Payplug, the terms and conditions are available by clicking here;
- For the company Oney, the terms and conditions can be accessed by clicking here.
In the case of a Pre-Order Product, the Customer is informed that a deposit will be deducted from the price of the Product on the day of the Order and then from the remaining balance as from the day the Product is available.
8 - Delivery
Pursuant to Article L.216-4 of the French Consumer Code, any risk of loss or damage to the Products is transferred to the Client at the moment when the Client, or a third party designated by the Client, other than the carrier proposed by Aluspirit, takes physical possession of these Products.
Each delivery of a Product is deemed to be made as soon as the package is made available to the Client.
Without prejudice to the period of time available to the Client under his right of withdrawal, the Client must check the package upon arrival and make any reservations if necessary, or even refuse the package if it is likely to have been opened or if it shows obvious signs of deterioration. Reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three (3) working days following receipt of the Product. The Client shall send a copy of this registered letter with acknowledgement of receipt to Aluspirit.
In the case of a pre-ordered Product, the Customer shall have the right to cancel the Order within the period between the date on which the Order is validated and the date on which the Product is available.
The Products are delivered by post within the estimated delivery times indicated on the Site at the time of the Order.
Delivery times shall begin to run from the date of validation of the Order, except for Pre-Ordered Products, for which delivery times shall begin to run from the date of availability of the Products.
If the delivery date is exceeded by more than thirty (30) calendar days from the validation of the Order or the date of availability of the Pre-Ordered Products, the Client may cancel the Order for the Product(s), by registered letter with acknowledgement of receipt, or by writing on another durable medium, if, after having instructed Aluspirit to deliver the Product(s) within a reasonable additional period of time, Aluspirit has not done so.
The Order shall be deemed to have been resolved on the date of receipt by Aluspirit of the letter or writing informing it of such resolution, unless Aluspirit has performed within this period.
In this case, Aluspirit shall reimburse the Client, as soon as possible and within fourteen (14) days at the latest from receipt of the aforementioned letter of formal notice, the price of the Product(s) covered by the Order, as well as the delivery costs invoiced to the Client.
3. Price of delivery
The amount of the delivery is invoiced to the Customer according to the amount specified on the Site at the time of the Order.
9 - Right of retraction and return modalities
In accordance with the provisions of articles L.221-5 and L.221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal of fourteen (14) clear days without the need to invoke the reason, from the date of receipt of the Product.
In accordance with article L.221-19 of the Consumer Code :
- the day of receipt of the Product is not counted within the fourteen (14) day period;
- the period begins at the beginning of the first hour of the first day following and ends at the end of the last hour of the last day of the period;
- if the time limit expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
After this deadline, no request for withdrawal will be processed by Aluspirit.
In accordance with article L. 221-28 of the Consumer Code, the right of retraction cannot be exercised for personalised Products; except when the said Products are returned because they are defective.
To exercise his right of withdrawal, the Client is invited to send the duly completed withdrawal form attached as an appendix to these GCS to Aluspirit by email to the following address: firstname.lastname@example.org, or by post.
In the event of several Products being sent to the Client by several independent shipments, composing a single Order, the withdrawal period starts from the date of receipt by the Client of the last of the Products composing the Order.
As soon as possible after receipt by the Client of the withdrawal form indicating the Client's wish to exercise his right of withdrawal, Aluspirit will acknowledge receipt of the form to the Client by e-mail.
The Client, without undue delay and, at the latest, within fourteen (14) days of communicating his decision to withdraw to Aluspirit, returns the Product(s) concerned to Aluspirit at the postal address specified in the withdrawal form and according to the procedures specified in the said withdrawal form and in the information note attached thereto.
In accordance with article L. 221-23 of the French Consumer Code, the costs related to the return of the Product(s) subject to the right of withdrawal are to be borne exclusively by the Client.
The exercise of the right of retraction must be made subject to the good faith of the Customer, who undertakes in particular to return the Product(s) only in perfect condition (undamaged, damaged, soiled, unsealed), in their original packaging accompanied by any accessories and documentation, which implies in particular that the Product(s) has (have) not been used improperly for their return.
The returned Product(s) must also be accompanied by the invoice for the Order so that Aluspirit can identify the Order and the Client concerned.
The Client shall be liable if the returned Product(s) reaches Aluspirit damaged or in a state that does not allow its resale or in a depreciated state resulting from manipulations other than those necessary to establish its nature and/or characteristics.
If Aluspirit receives a Product(s) subject to the right of withdrawal which does not allow Aluspirit to ensure reimbursement, Aluspirit shall inform the Client by e-mail and return the Product(s) concerned.
In exercising the right of withdrawal under the conditions defined in this article, Aluspirit shall reimburse the Client for the price of the Product(s) subject to the right of withdrawal, including delivery costs.
Reimbursement of the Client under the right of withdrawal will be made by the same means of payment as that used by the Client for the acquisition of the Product(s), i.e. by transfer to his bank account associated with the bank card with which he made the payment, which the Client accepts without reservation, at the latest within fourteen (14) days from receipt by Aluspirit of the Product(s) subject to the right of withdrawal.
10 - Legal and contractual guarantees
Aluspirit is liable for defects in the conformity of the Products under the conditions provided for by the Consumer Code and for hidden defects in the Products under the conditions of the Civil Code.
- Legal guarantee of conformity
When acting as a legal guarantee of conformity, the Client :
In accordance with Article L111-4 of the French Consumer Code, Aluspirit undertakes to inform the Client of the period during which or the date until which the spare parts essential for the use of the Products will be available on the market.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted by Aluspirit.
The Customer may also decide to implement the guarantee against hidden defects of the Product within the meaning of the Civil Code and in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with the Civil Code.
Indeed, the Civil Code provides that :
- Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them."
- Article 1644 Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded".
- Article 1645 of the Civil Code: "If the seller was aware of the defects of the thing, he is liable, in addition to the return of the price he received, for all damages to the buyer".
- Article 1646 Civil Code: "If the seller was unaware of the defects of the goods, he shall only be bound to refund the price and to reimburse the buyer for the costs incurred by the sale".
- Article 1648 of the Civil Code: "Action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged from the apparent defects or lack of conformity"..
11 - Deactivation of the Account - Suspension
Failure by the Client to comply with the obligations incumbent upon him/her under these T&Cs, such as a payment incident, actions contrary to the interests of Aluspirit, communication of false, disparaging or erroneous information when creating the Account or on social networks, may lead to the suspension or even termination of the Client's Account depending on the degree of seriousness of the actions in question, without it being possible to claim any damages or compensation whatsoever from Aluspirit.
Aluspirit reserves the right to refuse any Order from a Client with whom there is a dispute of this nature, even if the Client uses a new Account.
12 - Personal Data
13 - Assistance - Claim
For any information, queries or complaints of a technical nature or relating to the Products or any Sales Order, the Client is invited to send a request to the following e-mail address: email@example.com.
He may also contact Aluspirit's customer service department on the following number 04 81 68 39 83 (non surcharged number) during the following days and hours: Monday to Friday from 9am to 6pm, excluding public holidays.
14 - Miscellaneous provisions
- Correspondence - Proof
Unless specifically provided for in these T&Cs, correspondence between Aluspirit and the Client is mainly carried out by e-mail.
In application of Articles 1366 et seq. of the French Civil Code, the Client acknowledges and accepts that the information delivered by Aluspirit by e-mail is deemed authentic between him and Aluspirit.
Elements such as the time of receipt or transmission, as well as the quality of the data received, shall be deemed to be authentic by priority as they appear on the aforementioned media, or as authenticated by Aluspirit's computerised procedures, unless the Client provides written proof to the contrary.
The scope of the proof of the information delivered by the Site is that given to an original in the sense of a written paper document, signed in a handwritten manner.
2. Integrity of the T&Cs
These T&Cs express all of the obligations of Aluspirit and the Client relating to their subject matter. The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations set forth herein shall not be interpreted in the future as a waiver of the obligation in question.
In the event that one or more stipulations of these T&Cs are considered invalid, deemed to be unwritten or declared as such in application of a law, a regulation or following a decision of a competent court having the force of res judicata, the other stipulations will retain their full force and scope and will remain fully applicable, unless the invalid stipulation(s) is (are) of a substantial nature and their disappearance would call into question the contractual balance.
In the event of difficulties of interpretation between one of the titles appearing at the head of the clauses of these T&Cs and one of the clauses, the titles will be declared non-existent.
15 - Applicable law and settlement of disputes
These T&C's are subject to French law.
In the event of a dispute that may arise in relation to these T&Cs, their interpretation and consequences or with the acts supplementing or modifying them, the Client shall approach Aluspirit in order to try to obtain an amicable solution. Any claim against Aluspirit must be made in writing.
In the absence of an amicable settlement, the Customer may choose :
- To resort to an amicable mediation solution within a maximum period of one (1) year from the date of the Client's written complaint to Aluspirit by either (i) referring the matter to a mediator of his choice, (ii) or by using the online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, it being specified that the proposed mediation process cannot be a prerequisite for the Client to be referred to the competent courts.
- To bring his/her claim before the competent French courts.
Version effective as of: 18 January 2021
Information and form concerning the exercise of the right of withdrawal
I - Right of withdrawal
You have the right to withdraw from this contract without giving reasons within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession, where applicable, of the last Product ordered.
To exercise the right of withdrawal, you must notify us at the following address: firstname.lastname@example.org or Aluspirit SAS, 231 Chemin du Ténement, 38260 Porte-des-Bonnevaux, of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail). You may use the model withdrawal form, but it is not compulsory.
For the withdrawal period to be respected, it is sufficient that you send your communication on the exercise of the right of withdrawal before the withdrawal period expires.
II - Effects of withdrawal
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for any additional costs arising from your choosing, where applicable, a method of delivery other than the cheaper standard method of delivery offered by us) without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different means; in any event, this refund will not incur any costs for you.
You must return the goods to us without undue delay and in any event no later than fourteen days after you have notified us of your decision to withdraw from this contract. This time limit is deemed to have been observed if you return the Product before the expiry of the fourteen day period.
You must bear the direct costs of returning the Product.
Your liability is only incurred with regard to the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
Form for exercising the right of withdrawal
(Please complete and return this form only if you wish to withdraw from the contract)
231 Chemin du Ténement
38260 Porte-des-Bonnevaux 92532
E-mail : TO BE COMPLETED
I, the undersigned, [First name, Surname] hereby notify you of my withdrawal from my Order for Products placed on your Website and referred to below:
- Order Number : _____________________________________________________
- Ordered on (*) / received on (*) : _________________________________________________
- Name of the Client : ____________________________________________________________
- Client's adress : _________________________________________________________
- Date : ____________________________________________________________________
(*) Delete as appropriate.
(if sent by post)