TERMS OF SALES
These General Terms and Conditions of Sale apply to the items offered for sale, called the PRODUCT, present on the Supports published by ALAV SARL
ALAV SARL is a limited liability company, specialized in the wholesale business sector, publisher of e-commerce websites, with capital of 10,000.00 euros, domiciled at 148 rue de lenche - 13400 AUBAGNE - France, and registered at the commercial court of MARSEILLE under registration number B 792 912 818.
The present General Conditions of Sale prevail, without exception, over all other conditions specific to the user, except express and written exemption from ALAV SARL; any deviation only binds ALAV SAR for the order concerned. These General Conditions apply to all ordering methods.
These General Terms and Conditions of Sale comply with the characteristics defined in Article L. 441-6 of the French Commercial Code. They are available in all the Media published by ALAV SARL.
2. Acceptance of the General Conditions of Sale
The Customer, by purchasing the PRODUCTS marketed by ALAV SARL, acknowledges having previously read these General Conditions of Sale and accepted them without reservation.
3. Retention of title clause
It is agreed that the seller remains the owner of the goods sold as long as the buyer has not fully paid him the price provided for in this contract. As a result, in the event of non-payment, the seller may demand the return of said goods at any time.
On the other hand, if these goods are damaged, lost or stolen, the buyer will be fully responsible for the consequences of this incident. He is required to take out insurance which will guarantee the payment of compensation directly to the seller.
The agreement of the Estimate by the Customer fixes between the parties the order, the nature and the price of the PRODUCTS to be delivered by ALAV SARL.
The price corresponds to the price applicable at the time of the order. ALAV SARL reserves the right to modify its prices at any time.
It means PRODUCT delivered to our facilities, costs, packaging, delivery, and taxes extra.
All prices are expressed in euros. Where applicable, VAT is applied at the rate in effect at the time of the order. Any foreign customer with a valid intra-community VAT number will be exempt from VAT, on the contrary VAT will have to be invoiced.
Delivery times are indicated by ALAV SARL for information only.
Online, the payment of orders is made online by VAD card or via SOCGEN Actif, directly to ALAV SARL, or by bank transfer.
The confidential data appearing on the bank card entered by the Customer does not pass through the site server. A refused transaction will not give rise to any supply of PRODUCTS.
Orders will be processed upon receipt of payment for said orders.
In the case of an order paid offline, this is only validated by ALAV SARL as firm and deliverable, on condition that the buyer sends a proof of transfer to the seller including all the information necessary for the identification of the transfer ordering party (the buyer), the bank making the transfer, the recipient (the seller), the amount of the transaction and the reference of the transaction.
The reception must take place less than thirty (30) days from the placing of the order online on the site; otherwise, the order will be considered null and void and terminated by ALAV SARL.
The order is delivered to the delivery address indicated by the Customer online on the website of ALAV SARL, www.cig-access-pro.com. If the delivery address is different from the billing address, the latter must be expressly mentioned. Delivery times are only indicative and are the responsibility of the postal services or other carriers. ALAV SARL cannot be held responsible for a temporary or final seizure of the PRODUCTS by customs in the country of destination. ALAV SARL, and / or its Service Providers, undertake to perform their obligations with care and diligence and to implement the best means at its disposal.
It is expressly agreed that the obligation incumbent upon ALAV SARL, and / or its Service Providers, is an obligation of means, to the exclusion of any other. ALAV SARL will therefore produce all the documents necessary to regularize the situation and provide all the assistance that the situation requires. As soon as the parcel tracking indicates a status "distributed", "delivered" or "received by ..." the delivery is presumed to be made and accepted.
If the delivery could not be made through the fault of the Customer (incomplete, incorrect, inaccurate, incorrect delivery address, no one absent, etc.) the package will not be reshipped.
If delivery could not be made through the fault of the Customer (incomplete, incorrect, inaccurate, incorrect delivery address, no one absent, etc.) the package will only be reshipped by ALAV SARL after payment of the new transport costs.
Reception of PRODUCTS entrusted to a third party (building concierge, receptionist at the workplace, etc.) is presumed to have been made in the name and on behalf of the Customer. Ten working days following the date of shipment mentioned in the tracking - shipping notice, any delay in delivery must be reported to ALAV SARL so that the necessary investigations can be carried out. The Customer will carry out the usual checks on delivery. In the presence of an apparent anomaly (damage, missing PRODUCT compared to the delivery note, damaged package, broken PRODUCTS, etc ...) any complaint will be validly formulated within three (3) days of receipt of the PRODUCT by registered letter with acknowledgment receipt, accompanied by photos of the packaging and PRODUCTS. In the event of delivery of the PRODUCT not in accordance with the order and not apparent, the Customer must send ALAV SARL a complaint within seven (7) days of the PRODUCT being made available to the Customer and specifying precisely the non-conformity observed, as well as all the elements allowing to identify with uniqueness its company, its order, its payment, its delivery ... (the list being non-exhaustive) by registered letter with acknowledgment of receipt, accompanied by photos of the packaging and the PRODUCTS. The PRODUCT recognized as non-compliant by ALAV SARL will be replacedor refunded if the PRODUCT is not available. After these deadlines, no complaint will be admissible.
Any canceled order will be billed with storage costs up to € 30.
7. Customer's right to market
If any use of the PRODUCTS with a view to indirect marketing or resale is authorized within the European Union, the Customer is held solely responsible for it, whether this is carried out in a faulty manner, by negligence or by simple omission of legal provisions which are binding on its marketing territory. The customer agrees to comply with the legal provisions of export control enacted by the United States, Asian countries as well as the legislation enacted by the European Union and its member states in this area. If the PRODUCTS are exported outside the European Union, the Customer must first obtain the written authorization from the manufacturer. Otherwise, it will be held liable with regards to ALAV SARL, which will be entitled to obtain compensation for all damages, costs and expenses resulting therefrom.
8. Liability of the Client
The Customer is solely responsible for the use of the PRODUCTS acquired. It is up to him to make use of them in accordance with the regulations applicable in his country or in that to which he markets the PRODUCTS. Under no circumstances will ALAV SARL, or its service providers, be held liable for any damage or infringement of any kind whatsoever resulting from the marketing of the PRODUCTS.
The Customer researches, selects and acquires the PRODUCTS under his own responsibility. The Customer acknowledges having all the skills to assess the information relating to the PRODUCT. The information relating to the PRODUCTS and transmitted to the Customer is granted without warranty of any kind, either express or implied in terms of accuracy, precision, reliability, exhaustiveness, updating, compliance with any regulations or other. The sale of PRODUCTS is carried out in accordance with French law.
However, considering the laws specific to each of the States which may exist in particular with regard to health policies, ALAV SARL, and / or its Service Providers, cannot grant any guarantee other than that expressly defined under these conditions, in particular for the legality of these PRODUCTS outside French territory.
The responsibility of ALAV SARL, and its Service Providers, cannot be engaged for any direct, indirect or fortuitous consequence as well as for any damage and / or indirect material or immaterial damage, and in particular for loss of profit, commercial or financial damage, losses operating, third party recourse, infringement of the Law, this list not being exhaustive.
9. Right of Withdrawal
If the Customer is a merchant, ALAV SARL, and its Service Providers, begin to perform their services of supplying PRODUCTS before the end of the period of fourteen (14) clear days, in accordance with the Customer's wishes. The Parties therefore agree to give up the possibilities of exercising any right of withdrawal (article L221-25 of the Consumer Code - Distance sales). If the Customer is an individual, he has a withdrawal period of 14 calendar days to return, at his expense, the PRODUCTS, the period starting to run from the day after receipt of the PRODUCT.
Only the PRODUCTS returned as a whole, in their original packaging, complete and intact, in perfect condition for resale will be accepted. Any PRODUCT that has been damaged or whose original packaging has been damaged will not be refunded, returned, or exchanged. By way of exception, liquids and consumables do not fall within the scope of the right of withdrawal.
The Customer wishing to exercise his right of withdrawal can request either: the reimbursement of the sums collected except for the delivery costs, or an exchange of an amount equivalent to the sums paid or, where applicable, with a bank supplement in all cases, the refund will be made within 45 days of the return of the PRODUCT.
PRODUCTS purchased on our site benefit from the guarantee indicated on the article sheet. Any contractual guarantee granted by the manufacturer is binding only on the latter. In any case, ALAV SARL does not guarantee that the PRODUCTS supplied are able to respond to a particular problem specific to the user's activity. ALAV SARL cannot be held responsible towards the user or towards third parties for the consequences drawn from the use of the PRODUCTS, whether it is direct or indirect damage, accidents to persons, damage to distinctproperty, loss of profit, damage resulting from or resulting from deterioration or losses recorded by the user. To exercise the PRODUCT warranty, the Customer must keep the purchase invoice as well as all items received (including packaging). Refunds or exchanges assume that the PRODUCT is not damaged and that it has all of its original accessories. Except non-conforming PRODUCT, the costs and risks associated with returning the defective PRODUCT are the responsibility of the Customer. The repaired PRODUCT will only be returned on the occasion of a new order and not separately. In any event, the manufacturer's warranty and the subscription of an additional warranty do not deprive the buyer and / or the consumer of legal provisions (in particular the warranty against hidden defects or the legal warranty of conformity). Duration of the guarantee provided by ALAV SARL: - Batteries / Accus: 2 Months - Mods: 2 Months - Charger / Rebuildable atomizer / Clearomizer / Accessories / eLiquids: no guarantee.In the event of a failure noted, the obligation of ALAV SARL will be limited replacement of PRODUCTS. If ALAV SARL's liability was retained, it would be limited to the payment of compensation corresponding to the amount of the order.
11. Intellectual property
Consulting the ALAV SARL website or receiving PRODUCTS does not entail any transfer of intellectual property rights in favor of the Customer. The Customer also agrees not to extract, reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound without the owner's consent. or reproduce the data beyond normal conditions of use, and especially by the use ofa robot. The photos on the site are not contractual and do not bind ALAV SARL.
12. Force majeure
The obligations of the Parties will be suspended in the event of the occurrence of an event of force majeure as recognized by the French courts. Expressly, are considered as force majeure: war, riot, flood, fire, interruption or rupture of communications and / or electricity supply, and, in general, any fact beyond the control of ALAV SARL, putting an obstacle to the execution of its commitments, the responsibility of ALAV SARL cannot be engaged and its commitments would cease without any right to any compensation for the Customer. In the event of a general strike, sectoral or professional strike, strike by means of transport, post office, public services or companies supplying ALAV SARL with its PRODUCTS, fire or storm, general breakdown of the computer system of ALAV SARL. The Party prevented from performing its obligations due to a case of force majeure will notify the other without delay. The Parties will consult each other on the possible conditions of continuation of the Contract. In the case that the force majeure lasts for more than two (2) months, each Party may terminate the contract without this termination giving rise to any compensation.
13. Independence of contractual clauses
The nullity of one of the clauses hereof shall not result in the termination of the contract, only the clause deemed null ceasing to have effect.
14. Proof of the transaction
The computerized registers kept in the computer systems of ALAV SARL will be considered as the exclusive proof of communications, orders and payments between the parties. The archiving of purchase orders, quotes and invoices is carried out by ALAV SARL on a reliable and durable medium that can be produced as proof.
15. Applicable law and dispute resolution
These General Terms and Conditions of Sale as well as all acts and transactions carried out hereunder are subject to French rights and French law. Any dispute concerning the sale of PRODUCTS, their use, and the application of these General Conditions of Sale falls, except for amicable settlement, within the jurisdiction of the Commercial Court of Marseille.