GENERAL CONDITIONS OF SALE
These General Conditions of Sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CLIENT") on the Internet site: http: // la-cavernedalibaba.com from
Any order placed on the SITE implies the unreserved acceptance by the CLIENT of the present general conditions of sale.
Article 1. Definitions
The following terms have the following meanings in these Terms and Conditions:
- "CUSTOMER": means the SELLER's contractual partner, who guarantees to be a consumer as defined by French law and jurisprudence. As such, it is expressly foreseen that this CUSTOMER acts outside any usual or commercial activity.
- "DELIVERY": means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order.
- "PRODUCTS": means all the products available on the SITE.
- "TERRITORY": means the Métropolitaine FRANCE (excluding DOM / TOM).
Article 2. Purpose
These Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at the consumers and that the professionals must contact the service commercial of the SELLER in order to benefit from different contractual conditions
Article 3. Acceptance of general conditions
The CUSTOMER agrees to read these General Conditions carefully and to accept them, before proceeding to the payment of an order of PRODUCTS passed on SITE http://la-cavernedalibaba.com.
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy.
The CUSTOMER advises the CUSTOMER to read the General Conditions for each new order, the latest version of the Conditions s Applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitations or conditions.
Article 4. Purchase of products on the site
To be able to buy a PRODUCT, the CLIENT must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CLIENT will be invited to provide information allowing to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in so that the CLIENT's order is processed by the SELLER. The CLIENT can check on the SITE the status of his order. The follow-up of DELIVERIES can be carried out, if necessary, using the online monitoring tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at firstname.lastname@example.org, in order to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER during an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, eligibility and the information communicated.
Article 5. Orders
Article 5.1 Characteristics of products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the fact sheets available on the SITE) and the mandatory information that the CLIENT must receive under the applicable law (in these Conditions
The CUSTOMER agrees to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2. Ordering procedure
The PRODUCT orders are placed directly on the SITE. To make an order, the CLIENT must follow the steps described below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly).
5.2.1. PRODUCT selection and purchase options
The CLIENT will have to select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT basket. The latter can then add to his basket as many PRODUCTS as he wishes.
Once the PRODUCTS have been selected and placed in its basket, the CLIENT must click on the basket and check that the content of his order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.
Once the CLIENT has validated the contents of the basket and it will be you will be presented with an on-line form that will be automatically filled out and a summary of the price, applicable taxes and, if applicable, delivery charges.
The CUSTOMER is invited to verify (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CLIENT may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and to provide all the information necessary for the invoicing and the DELIVERY OF THE PRODUCTS. For the PRODUCTS for which options are available, these specific references appear when the correct options have been selected.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields to be filled in order for the CUSTOMER to be processed by the SELLER). the CLIENT must clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
< CUSTOMER shall then specify the method of payment chosen.
Neither the order form that the CUSTOMER establishes online nor the acknowledgment of receipt of the order that the SELLER sends to the CLIENT by mail do not constitute an invoice. Regardless of the order or payment method used, the CLIENT will receive the original invoice on DELIVERY of the PRODUCTS, inside the package.
5.3. Date of order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until that date.
For all the PRODUCTS, the CUSTOMER will find on the SITE prices in euros including all applicable taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, address of DELIVERY and carrier or chosen mode of transport).
Prices include in particular value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the suppliers of the SELLER are subject to change. As a result, the prices shown on the SITE may change. They may also be modified in the case of special offers or sales. The prices quoted are valid unless otherwise stated. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the RESTORATION of a PRODUCT by the SELLER.
In any case, if the unavailability has not been indicated at the time of the order,
The SELLER may, at the request of the CLIENT:
Or propose to ship all the PRODUCTS at the same time as the PRODUCTS out of stock will be available again,
Either a partial shipment of the PRODUCTS available initially and then shipment of the rest of the order when the other PRODUCTS will be available,
Either propose an alternative PRODUCT of quality and equivalent prices, accepted by the CUSTOMER.
the CLIENT decides to cancel his order of PRODUCTS unavailable, he / she will receive the refund of all sums paid for the PRODUCTS not available within thirty (30) days of the payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided in the "Policy of Retraction", available in Appendix 1 hereunder and accessible at the bottom of each page of the SITE via a hypertext link. >
Article 7. Payment
7.1. Means of payment
The CUSTOMER guarantees to the SELLER that he / she holds all the authorizations required to use the SITE.
The CUSTOMER can pay its PRODUCTS online on the SITE according to the means proposed by the SELLER.
The SELLER will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is for this reason that all information relating to the payment provided on the SITE is transmitted to the bank of the SITE and is not processed on the SITE.
7.2. Date of payment
In the event of a single payment by credit card, the account of the CLIENT will be debited upon the order of PRODUCTS passed on the SITE.
In case of partial DELIVERY , the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Delay or denial of payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the Customer Service of the SELLER in order to pay the order by any other valid means of payment. > In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the money flow due by the CLIENT would prove impossible, the order will be canceled and the sale automatically terminated. >
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Code of consumption.
The SELLER agrees to store this information in order to keep track of the transactions and to produce a copy of the contract at the request of the CLIENT.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him , or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the retention of title, as well as the risks of damage which they may cause.
Article 10. Delivery
The terms and conditions of DELIVERY of the PRODUCTS are provided in the "delivery policy" referred to in Annex 2 of this document and accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to respect the same standards when returning PRODUCTS under the conditions set out in Annex 1 - Cancellation policy.
Article 12. Guarantees
12.1. Compliance Guarantee Article L.211-4 of the Consumer Code : "The seller is obliged to deliver goods in conformity with the contract and is responsible for defects in conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
Article L.211-5 of the Consumer Code must:
1 ° Be fit for the usual use of a similar good and, where applicable:
- match the description given by the seller and possess the qualities which he has presented to the purchaser in the form of a sample or model; - present the qualities which a buyer may legitimately expect in view of the public declarations made by the seller, or by the producer or his representative, in particular in the advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the producer the buyer, notified to the seller and accepted by the seller.
The SELLER is obliged to deliver a compliant PRODUCT that is suitable for the intended use d A similar property and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT presents the qualities that a buyer can legitimately expect in view of the public declarations made by the SELLER, including advertisements and labeling
In this context, the SELLER is liable to be responsive to any defects in conformity which may have existed at the time of issue and of any defects in conformity resulting from the packaging, installation instructions or installation when the latter has been charged or was carried out under its responsibility .
The action resulting from the lack of conformity is prescribed by two (2) years from the issue of the PRODUCT. (Article L.211-12 of the Consumer Code)
In case of non conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of choosing the CLIENT is clearly disproportionate to the other option, considering the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund without following the chosen option by the CLIENT.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the PRODUCT returned and in exchange for the return of the product. PRODUCED by the CLIENT at the following address CEZAME 11 ALEXIS STREET OF VILLENEUVE 97400 SAINT DENIS- REUNION ISLAND
Finally, the CUSTOMER is exempt from reporting evidence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the product.
It is specified that this legal guarantee of conformity applies irrespective of the commercial guarantee granted, if any, on the PRODUCTS.
12.2. Guarantee of hidden defects
The SELLER is liable for the hidden defects in the PRODUCT sold which make it unsuitable for its intended use or which reduce the use so much that the CUSTOMER would not have acquired it , or would have given a lesser price if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between refund of the price of the PRODUCT if it is returned and the reimbursement of a part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the PRODUCT returned and in return for the return of the PRODUCT by the CLIENT to the following address 11 RUE ALEXIS DE VILLENEUVE 97400 SAINT DENIS REUNION ISLAND. The action resulting from the redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 13. Liability
The responsibility of the SELLER can under no circumstances be incurred in case of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, especially when entering his order.
The SELLER may be held liable or found to have failed in the present for any delay or non-performance, where the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the courts and French courts.
It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for information purposes only and are not warranted as to their content.
Article 14. Personal data
The SELLER collects on the SITE personal data concerning his Clients, including by means of cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process orders placed on the SITE, manage the CLIENT account, analyze the orders and, if the CUSTOMER has chosen this option, send it commercial mailings, newsletters, promotional offers and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SELLER .
The data of the CUSTOMER is kept confidential by the SELLER in accordance with its declaration made with the CNIL, for the needs of the contract, its execution and in compliance with the law.
CUSTOMERS may at any time unsubscribe by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
L the data may be communicated, in whole or in part, to the SELLER'S service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to his trading partners the names and contact details of his CUSTOMERS, provided that they have given their prior agreement when registering on the SITE.
SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.
The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners. >
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing and freedoms, the CLIENT has a right of access, rectification, opposition (for reasons legitimate) and deletion of its personal data. He may exercise this right by sending an e-mail to the following address: email@example.com or by sending a letter to 11 rue Alexis de villeneuve- 97400 SAINT DENIS- REUNION ISLAND
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending to the SELLER a photocopy of his ID.
Article 15. Complaints
The SELLER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: 0262213376 (number not surcharged)
Any written complaint from the CUSTOMER must be sent to the following address: 11 ALEXIS STREET OF VILLENEUVE 97400 SAINT DENIS - REUNION ISLAND
Article 16. Intellectual property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the authorization of the SELLER in writing.
This authorization of the SELLER will in no case be granted definitively. This link should be deleted at the request of the SELLER. SITE hyperlinks that use techniques such as framing or hyperlinking are strictly prohibited.
Article 17. Validity of the General Conditions
Any modification of the laws or regulations in force or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of the present General Conditions. Any such modification or decision does not authorize CUSTOMERS to violate these Terms and Conditions.
All conditions not expressly dealt with herein shall be governed in accordance with the practice of the retail sector, for companies headquartered in France.
Article 18. Modification of the General Conditions
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The Terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to the PRODUCTS already purchased.
Article 19. Competence and applicable law
These General Terms and Conditions and the relations between the CUSTOMER and the SELLER are governed by French law.
In the event of a dispute, only the French courts will be competent. /> However, prior to any appeal to the arbitral or state court, negotiations shall be privileged in a spirit of loyalty and good faith with a view to reaching an amicable settlement upon the occurrence of any dispute relating to this contract, on its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If, after fifteen (15) days, the parties fail to agree, the dispute shall be referred to the competent court designated below.
Court of First Instance of the meeting
Throughout the negotiation process and up to its conclusion, the parties shall refrain from taking legal action against the other and for the conflict that is the subject of the negotiation. By way of exception, the parties are entitled to refer the matter to the court of first instance or to apply for an order on application. Any action before the court of summary proceedings or the execution of a proceeding on request shall not entail any waiver of the amicable settlement clause by the parties unless expressly stated otherwise.
RETRACTATION POLICY The CUSTOMER has the right to return or return the PRODUCT to the SELLER or to a person designated by him without undue delay, and at the latest within fourteen (14) days of notification of its decision to withdraw, unless the SELLER proposes to recover the PRODUCT by itself.
The withdrawal period expires fourteen (14) calendar days after the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT. In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CLIENT, or any third party other than the
Notification of right of withdrawal
In order to exercise its right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: Cezame 11 rue Alexis de Villeneuve 97400 saint Denis Reunion Island.
He can also use the form below:
For the attention of [*] ALI BABA'S CELLAR
SELLER * s phone number: (262) 262213376
SELLER * s fax number: (262) 262411472
E-mail address of the SELLER *: firstname.lastname@example.org
I hereby notify you of my withdrawal from the sale of the PRODUCT below:
- Ordered on [____________] / received on [________________]
- Payment method used:
- CUSTOMER name and if applicable the beneficiary of the order:
- CUSTOMER'S address:
- Delivery address:
- Signature of the CLIENT (except in case of transmission by email)
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication relating to the exercise of the right of withdrawal before the expiry of the period of retraction. /> Cancellation Effects
In case of withdrawal from the CUSTOMER, the SELLER undertakes to reimburse the total amount paid, without delay and in any case not later than fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER's intention to retract.
The SELLER will proceed to the refund using the same means of payment as the CLIENT will have used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any case, this reimbursement will not incur a fee for the customer.
The SELLER may defer repayment until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever is the earlier. The CLIENT shall without undue delay and in any event no later than fourteen (14) days after the communication of its decision to withdraw from this contract, return the property, to: LA CAVERNE D ALI BABA -11 ALEXIS STREET OF VILLENEUVE- 97400 SAINT DENIS
This deadline is deemed complied with if the CLIENT returns the property before the expiry of the fourteen day period.
The CUSTOMER shall bear the direct costs of returning the goods.
Condition of the item returned
The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered. br /> The respo the CUSTOMER is only liable in respect of the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT, but his responsibility can be engaged if he makes any manipulations other than those that are necessary.
Exclusions of the right of withdrawal
The right of withdrawal is excluded under the following assumptions:
- Supply of goods or services whose price depends on fluctuations on the financial market
- Supply of goods made according to CLIENT specifications or clearly personalized
- Supply of goods liable to deteriorate or to perish rapidly
- Provision of audio or video recordings or sealed software that have been unsealed after delivery
- Journal, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, restaurants or recreational services if the offer provides for a date or period of non- specific execution
- Supply of goods which by their nature are indissociably mixed with other articles
- Supplies of sealed goods which can not be returned for reasons of health or hygiene and which have been unsealed by the CLIENT after the DELIVERY
- the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the contract of sale, the delivery of which can only be effected after 30 days and the actual value of which depends on fluctuations in the market beyond the control of the SELLER
- Providing non-dematerialized digital content if execution has started with the express prior consent of the consumer, who has also acknowledged that he will lose his right of withdrawal
Contracts concluded during a public auction
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are sent to the address (es) of delivery that the CLIENT will have indicated during the ordering process.
The deadlines for preparing an order and establishing the invoice before shipment of the PRODUCTS in stock are mentioned on the SITE. These delays are excluded weekends or public holidays.
An electronic message will be automatically sent to the CLIENT at the time of shipment of the PRODUCTS, provided that the e-mail address indicated in the registration form
During the ordering process, the SELLER informs the CUSTOMER of the deadlines and shipping formulas possible for the PRODUCTS purchased.
Shipping costs are calculated according to the mode of delivery. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The details of delivery times and costs are detailed on the SITE.
The parcel will be given to the CUSTOMER for signature and on presentation of an identity document.
In case of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to pick up his parcel in his post office.
The CUSTOMER is informed of the delivery date fixed at the time he chooses the carrier, at the end of the online ordering process, before confirming the order.
Deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract. The SELLER will refund, without excessive delay to count from the receipt of the cancellation letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery charges included, using the same payment method used by the CLIENT to purchase the PRODUCTS. The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of the partial damage or losses observed at the time of delivery.