GENERAL SALES RULES (GSR)

Intracommunity VAT number FR33947902631

The Products presented on the site https://alchary.fr/ are offered for sale for the following territories:

European countries .

In case of an order to a country other than metropolitan France, the Customer is the importer of the concerned Product(s).

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and fall under the sole responsibility of the Client.

ARTICLE 2 – PRIZE

The Products are provided at the current rates listed on the website https://alchary.fr/, when the order is registered by the Seller.

Prices are expressed in Euros, excluding VAT and including VAT.

The rates take into account any discounts that may be granted by the Seller on the website https://alchary.fr/.

These rates are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the validity period, to modify the prices at any time.

The prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products.

Some orders may be subject to a previously accepted quote. The quotes established by the Seller are valid for a duration of 7 days after their establishment.

ARTICLE 3 – ORDERS

It is up to the Customer to select on the site https://alchary.fr/ the Products they wish to order, according to the following modalities:

The customer chooses a product that he/she places in his/her cart, which he/she can delete or modify before confirming their order and accepting these general terms of sale. He will then enter his contact details or connect to his client area and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the client according to the terms provided.

Product offers are valid as long as they are visible on the site, within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the responsibility of the Customer to verify the accuracy of the order and immediately report any errors.

Any order placed on the website https://alchary.fr/ constitutes the formation of a contract concluded remotely between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

The Customer will be able to follow the progress of their order on the site.

ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT

In order to place an order, the Customer is invited to create an account (personal space).

To do this, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information regarding his marital status and contact details, notably his email address.

The Client is responsible for updating the information provided. It is specified to him that he can modify them by logging into his account.

To access their personal space and order histories, the Customer must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal. In this regard, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.

The Client may also request to unsubscribe by going to the dedicated page on their personal space or sending an email to: contact@alchary.fr. This one will be effective within a reasonable time.

In case of non-compliance with the general conditions of sale and/or use, the site https://alchary.fr/ will have the possibility to suspend or even close a customer’s account after formal notice sent electronically and remained without effect.

Any account deletion, for whatever reason, results in the outright deletion of all personal information of the Client.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.

The creation of the account leads to the acceptance of these general terms and conditions of sale.

ARTICLE 4 – PAYMENT TERMS

The price is paid by secure payment, as follows:

payment by bank card

or payment by check

or payment by bank transfer to the Seller’s bank account (whose details are communicated to the Customer when placing the order)

The price is payable in cash by the Client, in full on the day of placing the order.

Payment data is exchanged in encrypted mode through the protocol defined by the authorized payment provider involved for banking transactions carried out on the website https://alchary.fr/.

In case of payment by bank check, this one must be issued by a bank domiciled in metropolitan France or in Monaco.

The encashment of the check is done upon receipt.

The payments made by the Client will only be considered final after actual collection by the Seller of the amounts due.

The Seller shall not be required to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 – DELIVERIES

The Products ordered by the Customer will be delivered in metropolitan France or in the following area(s):

European Countries .

Deliveries occur within a period of between 7 days and 20 days at the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

If the ordered Products have not been delivered within a period of 15 days after the indicative delivery date, for any other cause than force majeure or the fact of the Client, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to him/her at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are ensured by an independent carrier, at the address mentioned by the Customer during the order and to which the carrier will be able to easily access.

When the Customer has himself taken care of using a carrier that he chooses himself, delivery is deemed to have been made upon the handing over of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no recourse in warranty against the Seller in case of non-delivery of the transported goods.

In the event of a particular request from the Client concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing by the Client.

The Customer is required to check the condition of the delivered products. He has a period of 24 hours from the delivery to make claims by sending a detailed letter on: contact@alchary.fr
OR
Connect to the client area on our website: www.alchary.fr and write the claim on the Contact us tab. , accompanied by all the related documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.

The Seller will refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTCS.

The transfer of the risks of loss and damage related thereto shall only be carried out at the moment when the Customer physically takes possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Client has himself chosen the carrier. As such, the risks are transferred at the time of the handover of the property to the carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, and this regardless of the delivery date of said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

According to the terms of article L221-18 of the Consumer Code «
For contracts providing for regular delivery of goods during a defined period, the term runs from receipt of the first good.»

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other statement, devoid of ambiguity, expressing the desire to retract and in particular by postal mail addressed to the Seller at the postal address or email indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original and complete condition (packaging, accessories, instructions…) allowing their resale as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not taken back.

The return costs remaining at the expense of the Client.

The exchange (subject to availability) or refund will be made within 14 days of receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 – SELLER’S RESPONSIBILITY – WARRANTIES

The Products provided by the Seller benefit:

of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,

of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the delivered products and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

“The seller is required to deliver a good in accordance with the contract and is liable for any defects of conformity existing at the time of issue. He also responds to defects of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility.’

Article L217-5 of the Consumer Code

“The property complies with the contract:

1° If it is fit for the customarily expected use of a similar property and, where applicable:

• if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, especially in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.”

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed by two years from the issuance of the good.”

Article 1641 of the Civil Code.

“The seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for its intended use, or which so impair such use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known them.”

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.”

Article L217-16 of the Consumer Code.

“When the buyer requests from the seller, during the course of the commercial warranty granted to him upon the acquisition or repair of a movable asset, a restoration covered by the warranty, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if such provision is subsequent to the request for intervention.

In order to assert their rights, the Customer must inform the Seller, in writing (email or letter), of the non-compliance of the Products or the existence of hidden defects from the time they are discovered.

The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the rate charged and return costs will be refunded upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 7 days to 10 days following the Seller’s discovery of the lack of conformity or hidden defect. This refund can be made by transfer or bank check.

The Seller’s liability shall not be incurred in the following cases:

non-compliance with the legislation of the country to which the products are delivered, which it is up to the Client to verify,

in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the case of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller’s guarantee is, in any case, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 9 – PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for purposes of delivery of the Products. These personal data are collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data that are collected on the site https://alchary.fr/ are as follows:

Account opening

During the creation of the Client / user account:

First and last names, mailing address, phone number and email address.

Payment

As part of the payment for the Products offered on the site https://alchary.fr/, this one records financial data related to the bank account or credit card of the Client / user.

9.2 Recipients of personal data

The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sales service and delivery of the Products.

The category(ies) of co-contractor(s) is/are:

Transport providers

Payment providers

9.3 Data Controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, of Regulation 2016/679 on the protection of personal data.

9.4 limitation of treatment

Unless the Customer expressly agrees, their personal data are not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.

9.6 Security and privacy

The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the rights of Clients and users

In accordance with the regulations applicable to personal data, Clients and users of the site https://alchary.fr/ have the following rights :

They can update or delete the data that concerns them in the following ways:

By logging into their account on the account configuration tab..

They may delete their account by writing to the email address indicated in article 9.3 «Data controller»

They may exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 «Controller»

If the personal data held by the Seller are inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 «Controller»

They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 «Controller»

They may also request the portability of data held by the Seller to another provider

Finally, they may object to the processing of their data by the Seller

These rights, insofar as they do not conflict with the purpose of processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month.

In case of refusal to grant the Client’s request, the latter must be motivated.

The Client is informed that in case of refusal, he may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

The Customer may be asked to check a box in which he agrees to receive informational and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – INTELLECTUAL PROPERTY

The content of the site https://alchary.fr/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute a copyright infringement.

ARTICLE 11 – APPLICABLE LAW – LANGUAGE

These T&C and the operations resulting from them are governed by and subject to French law.

These TCS are written in the French language. In the event that they are translated into one or more foreign languages, only the French text would be authentic in case of dispute.

ARTICLE 12 – DISPUTES

For any complaint, please contact the customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTCS.

The Client is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in case of a dispute.

In this case, the designated mediator is

SAS Mediation Solution

222 chemin de la bergerie, 01800 Saint Jean de Niost

https://www.sasmediationsolution-conso.fr/

E-mail: contact@sasmediationsolution-conso.fr.

The Client is also informed that he can, also resort to the Online Dispute Settlement (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes in which the purchase and sale transactions concluded pursuant to these GTCS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Directed at https://www.legalplace.fr

ANNEX I

Withdrawal form