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A
L'OLIVIER SA
Customer Service
610,
4 ème Avenue - BP 538
06516
Carros Cedex 1 - France
Phone :
+33 (0) 4 93 08 25 26
Fax : +33 (0) 4 93 08 74 21
E-mail :
service@alolivier.com
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Date :
Saturday, February 04 2012
These Terms and Conditions will bind on the one hand the company A L’Olivier (limited liability company with capital of 300,000 Euros, with a registered office at Carros 06510 – Industrial Estate 4th Avenue, registered at the Grasse register of companies under the number 333 746 550, intra-community VAT n°: FR36333746550) hereafter referred to as "A L’Olivier", and on the other hand any person or entity hereafter referred to as "the buyer", wishing to make a purchase via A L’Olivier’s Internet trade site, www.alolivier.com, hereafter referred to as "the online store".
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Information |
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It is first specified that the present Terms and Conditions govern exclusively those sales made at A L’Olivier’s online store, www.alolivier.com, and include access to the store from other Internet addresses (URL) created by A L’Olivier, such as www.alolivier.fr.
The aim of these Terms and Conditions is to define contractual relations between A L’Olivier and the buyer and terms applicable to all purchases made at the online store, whether the buyer is a professional or a private consumer.
The acquisition of goods or services from the present commercial site implies the unconditional acceptance by the buyer of the present Terms and Conditions.
These Terms and Conditions will prevail over all other general terms of sale not explicitly approved by A L’Olivier for the online store. These Terms and Conditions will prevail over all other terms of sale, in particular those in effect in A L’Olivier stores (shops) or referred to in contracts between A L’Olivier and customers or professional partners.
A L’Olivier reserves the right to modify these Terms and Conditions at any time. In this case, the applicable Terms and Conditions will be those in effect at the date of the buyer’s order.
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| Characteristics of goods and services offered |
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Products and services offered for sale online are only those listed in the A L’Olivier online store catalogue at the date of the order. These products and services are offered while stocks last. In addition, certain promotional offers are only offered during the indicated period and while published on the site.
Other L’Olivier products and services, which are not published in this catalogue, in particular those described on A Olivier’s institutional site www.olivier-on-line.com, are not available for online purchase. In addition, products sold in A L’Olivier stores (shops) are not all available on the site, in particular those products not bearing the A L’Olivier trademark.
Photographs are for illustration and will not always represent the product perfectly, in particular with regard to colours. The buyer should consult the description of each product for more precise information with regard to a product’s characteristics or composition. The buyer may contact customer services for further details.
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| Prices |
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Prices listed in the online store catalogue are in Euros and include all taxes, including VAT applicable on the day of the order; any change in rates may have repercussions on the prices of products or services. A L’Olivier’s intra –community tax number is FR36333746550.
The effective price is that indicated in the catalogue, on the day of the order, assuming there are no typing errors, and applies only to the online store. In addition, promotional offers are only valid during the indicated period and while published on the site.
Indicated prices include the price of the product and the online store’s handling and packaging costs. They do not include postage fees, which may be added to the invoice, the amount being clearly indicated to the buyer when s/he confirms the order. When placing an order the buyer may obtain an estimate of postage costs and the overall price directly on the site, but only the amount indicated on the order form and validated by the buyer is applicable.
A L’Olivier reserves the right to change its prices at any time, it being however understood that the price listed on the order form and validated by the buyer at the time of payment is the only applicable price for the order concerned.
Postage costs are automatically calculated according to the weight of the parcel and vary according to the delivery area. For all products delivered outside the European Union, customs duty and various local taxes may be charged. The buyer agrees to pay the approved price, and to pay or have paid, the case arising, and this directly to the forwarding agent or carrier, the customs duty, VAT or other taxes applicable at time of the importation of the products into the country of the delivery address.
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| Geographic Area |
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The online sale of products and services presented on the site is reserved exclusively for customers residing in the countries mentioned at the online store, and for deliveries requested in those geographic areas.
A L’Olivier reserves the right to cancel an order from a country in which it does not have a specific distribution contract, or in which unusual local regulations apply to products.
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| Orders |
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For technical and security reasons, the amount of each order placed at the online store must be between minimum 30 € and maximum 2000 €. In addition, the total weight of the parcel must not exceed 30 Kg. For all orders exceeding this price or weight, the buyer may contact A L’Olivier customer services.
The buyer wishing to purchase a product or service is obliged to :
- Fill in the online order form, giving all references of products or services chosen by using the tools made available at the online store for managing the basket;
- Open an online customer account on the site and fill in the identification form, providing all the requested details;
- Declare that s/he has read and understood the present Terms and Conditions by ticking the relevant box when validating the order;
- Validate the order after having checked the order form displayed on the site or if necessary correct any errors by returning to the form before validating;
- Make the payment according to the agreed terms;
- Confirm the order and its payment;
Confirmation of the order implies acceptance of the present Terms and Conditions, acknowledgement of having perfectly understood them and the renunciation of the exercise of other terms of sale.
The data provided and the recorded confirmation counts as proof of transaction. Confirmation counts as a signature and as acceptance of the transactions undertaken. You are reminded that in accordance with the civil code validation of the order form constitutes an electronic signature which has, between the parties, the same value as a written signature.
The recorded order confirmation is e-mailed after validation of payment to the e-mail address indicated by the buyer.
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| Retraction |
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The buyer, a non-professional person, has seven days to exercise her or his right of retraction. This period begins as from reception of the order or acceptance of the offer of service. The buyer must contact A L’Olivier customer services to return the product or cancel the service should its execution not yet be implemented. The buyer will be reimbursed immediately without charge, with the exception of initial postage costs and the costs of return postage, no later than thirty days following the date at which the buyer exercised the right of retraction.
In the event that the delivered product does not correspond to the initial order, A L’Olivier agrees to send the buyer the product ordered at no extra cost or to reimburse the client as soon as possible.
A L’ Olivier agrees to honour orders received at the online store only while product stocks last. In the event of a product being unavailable, A L’Olivier will inform the buyer as quickly as possible; the amount corresponding to the product price and if relevant to the postage cost will be reimbursed to the buyer except where the latter accepts the restocking delay or an exchange with other products.
A L’ Olivier reserves the right to refuse any order in the case of existing litigation with the buyer, including: total or partial non-payment of a previous order, refusal of a bank institution to authorise a credit card payment.
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| Methods of payment |
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Payment should be made at the time of the order, all orders are payable in Euros whatever their origin.
Payments are made by credit card (cards accepted are those listed on the site); they are carried out by means of the secure PAYBOX SYSTEM, which uses the SSL protocol (Secure Socket Layer) in such a way that transmitted information is encrypted by a software program and no third party can access it whilst using the network.
PAYBOX SYSTEM ensures that the buyer’s credit card number is only known to PAYBOX SYSTEM and is not transmitted to A L’Olivier. PAYBOX SYSTEM also ensures that the payment is addressed to A L’Olivier, who will have been clearly authenticated beforehand by PAYBOX Services.
When payment is accepted, a receipt of payment is e-mailed to the e-mail address indicated by the buyer. If payment is refused, the order is cancelled.
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| Deliveries |
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Deliveries are made to the postal address indicated by the buyer on the order form; this can only be within the stated geographical area and total parcel weight.
Risks are borne by the buyer from the moment the products leave A L’Olivier’s premises. In the event of damage during transport, a reasoned protest must be sent to the carrier within three working days after delivery and a copy must be sent to A L’Olivier customer services.
A L’Olivier promises to deal with the order rapidly and at the latest within two working days following reception of the order form and acceptance of payment, while stocks last. A L’Olivier also agrees to choose the carrier offering delivery guarantees in order to deliver parcels in the best conditions. In the event where the carrier offers a package tracking service, all information required for using this service will be available to the buyer on request.
Delivery times are given by the carrier and are his sole responsibility; however if this time exceeds thirty days starting from the first working day after confirmation of the order and acceptance of payment, the contract of sale may be terminated and the buyer reimbursed.
A L’Olivier does not accept liability in the event of a delivery date not met by the carrier or due to a lack of addressee on the indicated address or if the address provided by the buyer is incorrect or not recognised by the postal services.
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| Guarantee |
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All products provided by A L’Olivier are legally guaranteed as provided for by article 1641 and subsequent articles of the Civil Code.
In case of non-conformity of the products sold, the buyer may return them to A L’Olivier who will take them back, exchange them or refund their cost.
All complaints or requests for exchange or refund must be referred to A L’Olivier’s customer services within thirty days of delivery.
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| Liability |
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The products and services offered are in conformity with European legislation under European standards applicable in the EEC. A L’Olivier cannot be held liable in case of disregard of national legislation within the country to which the goods are sent (for example in case of prohibition of a product…). It is up to the buyer to check with local authorities the possibilities for the import or the use of products or services that they want to order.
In the online sale process, A L’Olivier is only required to abide by an obligation of means. It cannot be held liable for damage resulting from the Internet network, such as the loss of data, intrusion, virus, service failure or other involuntary problems. Moreover, A L’Olivier cannot be held liable for access to other sites via the online store.
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| The customer account |
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To place an order, the buyer shall create an online customer account during his/her first visit to save the name and address (billing and shipping address, e-mail address, password…). This personal information will only be used for the processing of orders and by the internal services of A L’Olivier (cf.
Personal data).
By virtue of this account the user will be able to consult his/her order history, modify his/her name and address when necessary and validate an order at each visit without having to re-enter his/her name and address. To access an account, the user will have to identify him/herself with his/her E-mail address and password.
It is clearly stipulated that banking information is not registered in this account. For each new order, the buyer must supply the information on his credit card via the secured system payment interface PAYBOX SYSTEM (cf.
Methods of payment).).
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| Personal data |
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In accordance with the law of 6 January 1978 relating to data processing, files and liberties, data of a nominative nature relating to buyers could be subject to automatic processing.
A L’Olivier shall not disclose, to any third party, data communicated by the buyer; this is confidential. It will only be used by internal services to process orders, to personalise communication and to reinforce the quality of services offered to A L’Olivier clients.
The sending of electronic mail to the buyer, excluding that relative to the treatment of his order, is submitted to authorization; the latter can exercise his right of opposition to the sending of any new message by contacting A L’Olivier’s customer services. No e-mail address is sold, given, ceded nor exchanged.
A L’Olivier’s online store does not use "cookies". The website collects only non-banking data in order to process a client’s order or for use during a visit. The buyer must identify himself with the e-mail and password chosen when he opened his client account so that the site may automatically access the relevant data. No personal data is gathered for a non-identified visitor.
The automatic processing of data, including the management of e-mail addresses belonging to site users, has been acknowledged in a declaration to the French National Commission for Computing and Liberties (CNIL), registered under the number 1048892.
In accordance with the law of 6 January 1978, the user has the right to access, modify, change and delete data concerning him. To exercise this right, the user has to contact A L’Olivier customer services.
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| 13. Filing - Proof |
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A L’Olivier will archive order forms and invoices in a reliable and lasting format constituting a faithful copy according to the provisions of Article 1348 of the Civil code.
A L’Olivier’s electronic accounts will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
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| Settlement of Disputes |
| The present online Terms and Conditions are subject to French law. The language in which the present contract has been recorded is French; all translation on the site is given for information purposes only. In case of dispute, the French courts will have sole jurisdiction; competence will be attributed in particular to the Grasse (06) Court of First Instance or the Grasse (06) Commercial Court. |
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| Customer Services |
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For all information or enquiries, A L’Olivier customer services are available for users of the online store. Products should be returned to the customer services address.
A L'OLIVIER SA
Customer service
610,
4 ème Avenue - BP 538
06516
Carros Cedex 1 - France
Phone :
+33 (0) 4 93 08 25 26 -
Fax : +33 (0) 4 93 08 74 21
E-mail :
service@alolivier.com
A "contact" form is also available on the site for all refund requests or enquiries.
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Tracking order
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Ask for information
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Complaint request
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Send a message
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