The website www.aldabag.com (the “Site”) dedicated to e-commerce is published by the company Lokman Aldabag, SAS with a capital of 2000 euros.
All orders on the Site are subject to these terms and conditions. These are subject to change and update, the conditions applicable to the order of a product by a customer are those in force on the day of the order.
These general conditions of sale are subject to French law, except as otherwise required by the provisions of the Rome Convention on the Law Applicable to Contractual Obligations of 19 June 1980.
1 / THE CUSTOMER
The client declares to be a major and legally capable natural person. The customer must, during his first order on the Site, open a customer account and fill out an order form specifying certain mandatory fields so that his order of products can be taken into account by Aldabag.
The information communicated to Aldabag as part of the opening of his account or during each of his orders must be complete, accurate and up-to-date. Aldabag may, where appropriate, ask the customer for confirmation – by any means – of this information and its identity.
On the Site, Aldabag collects personal data. This data is necessary for the processing of the order and may be communicated in whole or in part to Aldabag service providers involved in the execution of the order.
The customer is informed that this same personal data is also collected by an organization in charge of the analysis of orders and the fight against fraud credit card.
The <a href=”http://www.lundi-paris.com/”> www.aldabag.com </a> site has been declared to the CNIL (National Commission for Information Technology and Liberties) . The personal data recorded on this site will be stored and used in accordance with the law n ° 78-17 of January 6, 1978 relating to data, files and freedoms. The customer has a right to access, modify, rectify, oppose and delete personal data concerning him. To exercise this right, simply send an email to: <a href=”mailto:[email protected]”> [email protected] </a>.
2 / THE PRODUCTS
The products offered for sale are those described on the Site. Aldabag brings the utmost care and accuracy in the presentation and description of their products, within the limits of technology and in compliance with the highest standards of the market.
However, it is possible that non-substantial errors may appear on the Site, which the customer recognizes and accepts. In any event, in case of non-compliance of the delivered product with respect to its description on the Site, Aldabag undertakes to correct this error: the consumer can either exercise his right of withdrawal or implement the guarantee of compliance.
If the products ordered are no longer available, Aldabag will inform the customer by e-mail as soon as possible and refund the price possibly charged by credit on the credit card.
3 / ORDERS
Order taking on the Site is subject to compliance with the procedure set up by Aldabag, concretized by a succession of different screens showing the steps that the customer must follow to validate his order.
The customer will have the opportunity, before finalizing his order, to check the details of it and its total price, and to correct any errors, before confirming it to express its acceptance.
Verification of the order:
Aldabag will be entitled to refuse any order made by a customer with whom there is a dispute over payment of a previous order as well as any order not in accordance with these terms and conditions of sale.
In this case, Aldabag will inform the customer by phone or email. In the absence of the customer to proceed with Aldabag to the correction of the elements erroneous or contrary to these general conditions of sale, Aldabag reserve the right not to process the order.
The confirmation of the order:
Once the order is validated by the customer, Aldabag acknowledges receipt by e-mail sent to the address provided by the customer. For this purpose, the customer formally accepts the use of email for confirmation by Aldabag of the content of his order.
This confirmation e-mail contains all the information provided by the customer as well as the price and payment terms accepted with indication, if any, difficulties or possible reservations raised by the order. In addition, the customer will receive, at the time of delivery, for each of the products, the written confirmation of the price paid and the delivery costs charged to him.
It is recommended, for orders placed on the Site, that the customer keeps a copy (in electronic format and / or in paper form) of the elements relating to his order.
4 / PRICE AND TERMS OF PAYMENT
The prices displayed on the Site are indicated in Euros. The prices are inclusive of all taxes (VAT), excluding delivery costs.
The prices invoiced to the customer are those in force on the date of the order.
For customers residing outside the territory of the European Union and Dom-Tom, it is specified that the prices displayed on the Site will be billed after deduction of VAT. These prices must be understood as “delivered unpaid” (or DDU “Delivery Duty Unpaid”), Aldabag being physically unable to provide customers with accurate information on the total amount of fees related to customs duties and formalities, import taxes applicable in the country where delivery is requested.
The payment of these expenses possibly necessary for the entry of the products ordered on the territory of delivery is with the only load of the customers, which they accept.
For all practical purposes, this information relating to the payment of additional charges in the event of a delivery request outside the European Union will obviously be specified on the Website to any customer indicating a delivery address outside the territory of the Union. European. The refusal of payment by the customer of customs fees leads to the cancellation of the order and its refund. Any shipping and customs fees paid by Aldabag to recall the order will be deducted from the amount refunded. The payment of the total price of the products and the expenses of delivery is carried out by credit card.
The customer must therefore hold the credit card used. It accesses a dedicated space made available by a banking institution, which ensures the security and registration of the payment order. Payments by check or bank transfer are also accepted.
In the event that, for any reason (opposition, refusal of the issuing center …), the debit of the sums due by the customer would prove impossible, the order will not be recorded by Aldabag. Aldabag will be entitled to cancel any order when the IP address of the customer will be domiciled in a country different from the delivery address.
In the event of unavailability of product after placing an order, the Customer will be informed by email or telephone. He will have the choice to ask for the refund of the sums, or the exchange of the product. The refund will be made within a maximum of 30 days.
5 / DELIVERY
Aldabag will make its best efforts to have the order shipped within an average of one (1) to five (5) business days from the day following the validation of the order by the buyer.
Following the expedition by Ateliers Auguste, the delivery time will be three (3) to ten (10) days for any shipment in Collisimo, and within 48 hours for any delivery by Chronopost or DHL. The package is deposited in the recipient’s mailbox. If it can not contain the parcel, a notice of instantiation is deposited there. The buyer only has to withdraw his parcel at his post office within 15 days.
Delivery is made to the delivery address indicated by the customer, it being specified that this must be the residence address of the customer or any other natural person of his choice. Delivery can not be made to hotels or PO boxes.
The Customer will have the possibility to follow his parcel thanks to the tracking number which will be communicated to him by email during the sending of the order.
In the event of delivery requested outside the European Union, Aldabag will be able to accept to deliver the products, but the customer will have to take care of all the possible customs duties, taxes and other official expenses as well as the expenses of accomplishment of the formalities customs duties due to the importation of the goods into the country where the delivery is requested.
In order to meet these deadlines, the customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access code , names and / or intercom numbers, etc.). Inaccurate information may lead to additional delivery times or even re-shipping.
Outside the territory of the European Union, it is recalled that delivery may be delayed until the formalities and customs fees have been paid by the customer, which he accepts. The refusal of payment by the customer of customs fees leads to the cancellation of the order and its refund. Any shipping and customs fees paid by Aldabag to recall the order will be deducted from the amount refunded.
Once the order is confirmed, it will no longer be possible for the Customer to change the delivery address. The total amount of delivery charges for the ordered products will be indicated on the Site to the customer before he accepts his order and will be mentioned again in the email confirmation sent by Aldabag and in the delivery notes.
6 / THE RIGHT OF WITHDRAWAL
The customer has a right of withdrawal that he can exercise, without having to justify reasons, within a period of fourteen (14) days from the receipt of the products ordered.
To simplify the exercise of the right of withdrawal, Aldabag asks the customers to contact the customer service by e-mail: [email protected] to inform of a return of product.
The products must be returned in perfect condition, complete and accompanied by a copy of the documents attached to the order, to the following address: Aldabag
Products returned incomplete, damaged, damaged or soiled by the customer will not be refunded.
Return costs and related risks are the responsibility of the customer. It is therefore recommended that he provide proof of this return, which implies that the products are returned with tracking packages, or by any other means giving a certain date. The refund of the total invoice price (excluding delivery costs) of returned products will be made by credit card credit no later than thirty days following the date on which the right of withdrawal has been exercised.
7 / GUARANTEES
The customer is invited to ensure that the product delivered to him corresponds to his order. He may inform Aldabag by e-mail (<a href=”mailto:[email protected]”> [email protected] </a>) of any duly justified non-conformity of a product with his order and , after information from Aldabag, return the product in question in perfect condition, complete (accessories, instructions, warranty …) and accompanied by a copy of the documents attached to the order at the following address:
For non-conforming products delivered by the Auguste Ateliers to delivery addresses outside the territory of the European Union, the customer undertakes to indicate – by any means – to the customs services that this is a return of non-compliant products.
In the absence of possible exchange of the returned product, the refund of the total price invoiced (price of the non conforming products and expenses of shipping) as well as expenses of return (within the limit of 20 €) will be made, by credit on the card bank within thirty (30) days of receipt by Aldabag of returned products.
Notwithstanding any specific warranty terms that may be delivered to the customer with the delivered product, Aldabag products sold on the Site are subject to the following legal warranties:
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. ”
Article L.211-5 of the Consumer Code: “To be in conformity with the contract, the property must: 1. Be fit for the usual use of a similar good and, where appropriate: – correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model; – present the qualities that a buyer can legitimately expect based on the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2. Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. ”
Article L.211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. ”
Article L.211-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as resulting from Articles 1641 to 1649 of the French Civil Code. or any other action of a contractual or extra-contractual nature which is recognized by the law. ”
Article 1641 of the Civil Code: “The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have not gained, or would have given a lower price, had he known them. ”
Article 1648 paragraph 1e of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. “