GTC

GENERAL TERMS OF SALE

PREAMBLE

The website www.salimaalianiparis.com (hereafter "the Site") is published by the Company ELALIANCE, a simplified joint stock company with a capital of 10.000 €, whose registered office is located 91 rue Faubourg Saint-Honoré 75008 Paris, registered with the Trade and Companies Register of PARIS under the number 902 081 355, whose intra-community VAT number is FR46902081355 (hereafter "SAS ELALIANCE").

The present general conditions of sale determine the rights and obligations of the parts within the framework of the on-line sale of Products or Services proposed by SAS ELALIANCE.

SAS ELALIANCE sells the products present on its remote sales site only at retail and to final consumers. Any Order that does not correspond to a retail sale and, more generally, any Order that is fraudulent or presumed to be so, will be considered by SAS ELALIANCE as null and void. The purchaser, prior to his Order, declares that the purchase of products on the remote sales site is not directly related to a professional activity and is limited to a strictly personal use.

The general sales conditions (the " GTC ") apply to all orders of products and services placed on the Site (hereinafter the " Products ") by any person (hereinafter the " Customer ") and are an integral part of the Contract between the Customer and SAS ELALIANCE.

The Customer must read and accept the GTC prior to any order (hereafter the "Order"), the GTC being available on the Site.

SAS ELALIANCE reserves the right to adapt or modify the present GTC at any time. The version of the GTC applicable to any sale is the one appearing online on the site www.salimaalianiparis.com on the day of the Order.

By clicking on the "I have read and accept the general terms and conditions of sale" button, the Customer accepts the GTC without reservation.

The Customer acknowledges that he/she has benefited́ from the necessary advice and information in order to ensure the adequacy of the offer to his/her needs.

The Customer declares that he/she is able to contract legally under French law or validly represent the individual or legal entity for whom he/she is contracting.

The Site is a site of electronic trade which belongs to SAS ELALIANCE.

The Site is accessible to all the users of the Internet network in principle 24/24h, 7/7d, except interruption, programmed or not, by SAS ELALIANCE or its service providers, for the needs of its maintenance and/or safety or case of absolute necessity (such as defined below). SAS ELALIANCE cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

SAS ELALIANCE does not guarantee that the Site will be free of anomalies, errors, nor that the Site will function without breakdown or interruption. In this respect, it can freely determine at its own discretion any period of unavailability of the Site or its contents. SAS ELALIANCE cannot be held responsible for problems of data transmission, connection or unavailability of the network.

SAS ELALIANCE reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the intervening modifications, but his acceptance is not requested.

The Products available for sale are those described on the Site on the day of the consultation of the Site by the Customer, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of SAS ELALIANCE. In this respect, SAS ELALIANCE cannot be held responsible for the cancellation of an Order of a Product due to the exhaustion of stocks.

SAS ELALIANCE takes the greatest care in the presentation and description of its Products in order to satisfy the Customer's information. It is however possible that errors may appear on the Site, which the Customer acknowledges and accepts.

The products are in conformity with the French legislation in force. The responsibility of SAS ELALIANCE cannot be engaged in case of non-respect of the legislation of the country in which the product will be delivered (ex: in case of prohibition of a product...). It is up to the Buyer to check with the local authorities of the country of delivery of the products the possibilities of importation or use of the products and services he plans to order.

SAS ELALIANCE cannot guarantee that the information on the products is translated into all the languages of the European Union. However, this information is available at least in French and/or in English.
For any question relating to the products and their use, any additional question or request for advice, the Customer can contact the Customer Service at the address info@salimaaliani.fr or on the Site in the "contact us" section of the Site.

SAS ELALIANCE does not guarantee the accuracy or security of information transmitted or obtained through the Site.

V. CONCLUSION OF ONLINE CONTRACT

The Orders placed on the Site are subject to the respect of the procedure set up by SAS ELALIANCE on the Site including successive steps leading to the validation of the Order, in accordance with article 1127-1 of the French Civil Code.

The Customer can select as many Products as he/she wishes which will be added to the shopping cart (the " Shopping Cart "). The Shopping Cart shall contain a summary of the Products selected by the Customer as well as their prices and related charges. The Customer may check the details of his or her order and its price, and may freely modify the Shopping Cart before validating the Order. The validation of the Order shall constitute confirmation of the Customer's acceptance of the GTC, the Products purchased, their price and the associated costs, and shall constitute the formation of the contract.
The language proposed for the conclusion of the contract is French.

The Customer creates an Account gathering his information and receives a confirmation email once the registration is completed.

When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to keep his personal information up to date. In the event of error in the wording of the recipient's coordinates, SAS ELALIANCE cannot be held responsible for the impossibility of delivering the Products.

By registering on the Site, the Customer declares and guarantees that he is of age and has the legal capacity to contract.

SAS ELALIANCE can delete the Customer's Account at any time, for any reason, at its sole discretion.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity...) will be sent to the Customer by SAS ELALIANCE. To this end, the Customer formally accepts the use of electronic mail for the confirmation by SAS ELALIANCE of the content of his Order. The Customer also accepts that the invoice corresponding to the Order be sent to him by e-mail and that the invoices be available in the "my account" section of the Site.

The archiving of the communications, the order, the details of the order, as well as the invoices is carried out́ on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.

SAS ELALIANCE reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. In spite of SAS ELALIANCE's best efforts to satisfy its clients' expectations, SAS ELALIANCE may refuse to process an Order after having sent the Client the confirmation e-mail summarizing the Order.

SAS ELALIANCE shall not be held liable to the Customer or any third party for the consequences of the removal of a Product from the Site, or for the replacement or modification of any content or information appearing on the Site, or for the refusal to process an Order after having sent the confirmation e-mail summarizing the Order.

SAS ELALIANCE also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.

VI. PRICES AND PAYMENT TERMS

The prices of the products are payable in Euros, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.

All prices displayed are calculated and include the value added tax (VAT) applicable in France or in the country of delivery located in the European Union.
SAS ELALIANCE invites the buyer to inquire about these aspects with the corresponding local authorities.
The telecommunication costs necessary to access the Companý websites are at the expense of the Customer.

The essential characteristics of the goods, services and their respective prices are made available to the Customer on the Site, as well as the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by way of marking, labeling, display or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Customer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, this one not including the shipping costs charged in supplement. These costs are indicated to the Customer on the sales site, and in any case at the time of the confirmation of the order. SAS ELALIANCE reserves the possibilitý to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

SAS ELALIANCE undertakes to honour the Customer's order within the limit of the available stocks of Products only. If the order is not fulfilled, SAS ELALIANCE will inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Customer will be reimbursed.

The contractual information is presented in detail and in French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products, as well as their prices, are specified on the Site, as well as the minimum duration of the proposed contracts, when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address provided).

The Products are payable in cash at the time of the actual Order, including for pre-ordered products. The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards. The securé online payment by bank card is carried out́ by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network.

The proposed rates include the discounts that SAS ELALIANCE would have to grant taking into account its results or the assumption of responsibility by the Customer of certain services.

The payment of the purchases is carried out via Paypal or via the protected platform of our provider of payment: the Company STRIPE France.

STRIPE France is a one-person limited liability company, registered in the Paris Trade and Companies Register under number 807.572.011.0037, whose registered office is located at 10 Boulevard Haussmann 75009 PARIS.

PAYPAL(Europe) SARL et Cie, is a Luxembourg limited partnership with shares, registered in the Luxembourg Trade and Companies Register under number B118349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.

The Customer expressly acknowledges that communicating his or her credit card number to SAS ELALIANCE is tantamount to authorizing the debiting of his or her Account for the price of the Products ordered. If necessary, SAS ELALIANCE will send the Customer a notice of cancellation of the Order for non-payment on the email address communicated by the Customer when registering on the Site.

The data recorded and kept by SAS ELALIANCE constitutes proof of the Order and of all sales made. The data recorded by Paypal or STRIPE France constitute the proof of any financial transaction between the Customer and SAS ELALIANCE.

In case of absence of the Customer, the delivery will be made in letter box according to the option of delivery chosen by this one.

Delivery times are counted from the day of the order.

In case of impossibility to carry out the Delivery, due to an erroneous delivery address, no forwarding will be able to be carried out and the Customer will be refunded within a maximum time of 14 days as from the reception of the Order by SAS ELALIANCE.

SAS ELALIANCE delivers the Sales Order within a maximum of 10 working days for a delivery in Metropolitan France.

The delivery time can go up to 20 working days for an international Delivery that it is for Belgium, Germany, Luxembourg, Netherlands, this time being counted from the first working day after the validation of the Order (to note that SAS ELALIANCE does not deliver the Products in the following countries: All countries except Belgium, Germany, Luxembourg and the Netherlands).

In an exceptional case, the day of the launching of new products, the delivery time can be increased by 7 working days, given the important and exceptional volume of the Orders.

In order for these deadlines to be respected, the Client must ensure that all information concerning the Delivery address is accurate and complete (such as, notably: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

SAS ELALIANCE cannot be held responsible for any delay in delivery that is not due to its fault or justified by a case of force majeure (as defined below).

 If the delivery time is exceeded, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum period of 14 days of his request in this sense. Notwithstanding the above, SAS ELALIANCE cannot be held responsible for the consequences of a delay in delivery, only the reimbursement of the Product by SAS ELALIANCE being possible to the exclusion of any other form of compensation.

In case of damaged parcel, the Customer must not accept the parcel and refuse the delivery if the deliveryman is present. In the opposite case, do not open the parcel and contact the customer service.
 

RIGHT OF CANCELLATION :

In accordance with article L.221-18 of the French Consumer Code, the non-professional Customer has a period of fourteen (14) days from the receipt of the Order to exercise his right of cancellation with SAS ELALIANCE without having to justify his decision.

The right of cancellation must be exercised either via the contact form or by e-mail to the following address: info@salimaaliani.fr
A model cancellation form is provided in paragraph XVII (Mediation and applicable law) of the GTU.

The right of cancellation shall be exercised without penalty.
The Customer shall return the Sales Order, without undue delay and, at the latest, within fourteen (14) days following the communication of his or her decision to cancel the Sales Order in accordance with article L. 221-21 of the French Consumer Code, to the address that will be notified to you when you contact our customer service department by e-mail.

The products will have to be returned in a state suitable for a new marketing (new products, in perfect state, accompanied by their packing of origin, accessories, note...).

Beyond this period of fourteen (14) days, the sale will be firm and final.

Items purchased "pre-ordered" cannot be refunded, as the production is launched especially at the time of purchase.
Exchanges are possible within the limits of available stocks. Failing that, a refund will be made.

The return of the Products at the time of a cancellation is the responsibility of the Customer.
The reimbursement of the Order (ordered Products and shipping costs) by SAS ELALIANCE is made at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to cancel.
In case of return of a part of the order within the framework of the right of cancellation, only the returned Products will be refunded. In this case, the shipping costs will not be refunded.

However, the refunding intervenes under reserve that SAS ELALIANCE could recover the Products object of the return and of the request for refunding.

SAS ELALIANCE will make the reimbursement using the same means of payment as the one used for the payment of the Order, except if the Customer expressly agrees that SAS ELALIANCE may use another one. If this means of payment has expired, the Customer must contact the customer service department to change the method of reimbursement at no cost to the consumer. SAS ELALIANCE cannot be held responsible for reimbursement on an expired means of payment.

In the absence of respect by the Customer of the present GTC, SAS ELALIANCE will not be able to proceed to the refunding of the Products concerned. In all cases, the return costs are at the expense of SAS ELALIANCE if the Product delivered to the Customer is different from the ordered Product or if it is delivered damaged.

We take in charge the return shipping costs only in case of exchange for France, Belgium, Luxembourg, Germany and Holland.
You will have to contact us from your customer area or from the contact form with your order number and your coordinates to indicate us your will to exchange the size of your article (same products, same reference).
We will transfer you by mail your return slip, you will have 14 days to send us back the article, not worn, in its original state, suitable for a new marketing. Upon receipt of your return package and after checking it, your item will be exchanged and sent to the desired size.
If the stock does not allow us to exchange your article within 14 days, it will be refunded to you on the same means of payment with which you proceeded during your order.

VIII. RESPONSIBILITY

The responsibility of SAS ELALIANCE with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. SAS ELALIANCE will in no case be responsible for financial losses such as loss of income, loss of sales, loss of contract, loss of image, loss of exchange or moral prejudice, regardless of their origin:

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by the law.
SAS ELALIANCE does not provide any guarantee concerning any prejudice that could be caused by the transmission of a computer virus, or any other form of programming designed to damage, destroy or deteriorate in any other way a functionality of a computer or to hinder the good functioning of the latter, including any transmission resulting from a download of any content carried out by the Customer, from the software used by the latter to download the content, from the Site or from the server that allows to access it. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on Customer's computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines.

Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data that results from the download of such content.

SAS ELALIANCE is only obliged to deliver Products in conformity with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.

All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the French Civil Code), allowing the Customer to return defective or non-compliant Products at no cost.

Article L217-4 of the French Consumer Code: "The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility."

Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1) Be fit for the purpose usually expected of similar goods and, where appropriate :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-12 of the French Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."

Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them."

Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity."

Under the legal warranty of conformity, the Customer:
(i) has a period of two (2) years from the delivery of the goods to act ;
(ii) may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
(iii) is exempted from proving the existence of the lack of conformity of the good during the two years.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. Within the framework of the legal guarantee of the hidden defects, SAS ELALIANCE, at the choice of the Customer, commits itself, after evaluation of the defect :

- Either to refund the totality of the price of the returned Product,
- Or to refund a part of the price of the product if the Customer decides to keep the product.
For any request concerning the legal guarantees, the Customer must contact the Customer Relations Department by email at the following address: info@salimaaliani.fr

Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not cover Products damaged during transport after delivery or due to bad use.

XI. MAJOR POWER

In case of an event of force majeure preventing the execution of the present GTC, SAS ELALIANCE will inform the Customer within fifteen (15) days as from the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lock-out, riot, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of SAS ELALIANCE or the Customer without compensation on either side. Failure to pay by the customer cannot be justified by a case of force majeure.

XII. INTELLECTUAL PROPERTY

The SALIMAALIANI PARIS brand, as well as all figurative and nonfigurative brands and all illustrations, images and logos and all content appearing on the Website (including but not limited to these Terms and Conditions of Sale) are and will remain the exclusive property of SAS ELALIANCE or the holder of the intellectual property rights concerned.

Any total or partial reproduction, modification or use of these marks, illustrations, images and logotypes, or any other content of the Site for any reason and on any medium whatsoever, without the express, written and prior agreement of SAS ELALIANCE or the holder of the intellectual property rights concerned is strictly forbidden. It is the same for all copyrights, drawings and models, patents appearing and/or used on the Site.

The Order may be resolved by the Customer by registered letter with acknowledgement of receipt in the following cases:
- Delivery of a product that does not conform to the characteristics of the order;
- Delivery beyond the deadline set at the time of the order or, in the absence of a date, within thirty days of payment;
- Unjustified price increase or modification of the product.
In these cases, the Customer can obtain a refund.

XIV. RESERVATION OF OWNERSHIP

SAS ELALIANCE retains full ownership of the Products sold until full payment of the full price, in principal, expenses, taxes and compulsory contributions included.

No tolerance, inaction or inertia on the part of SAS ELALIANCE can be interpreted as a waiver of its rights under the terms of the GTC.

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In accordance with article 612-1 of the French Consumer Code, the consumer Customer may have free recourse to the consumer mediation service at the following address :

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.complaints.dashboard

The Customer may also contact the dispute resolution platform put online by the European Commission at the following address
http://ec.europa.eu/consumers/odr/

In the absence of an amicable resolution, the dispute will be brought before the territorially and materially competent courts.

ANNEXE 1 : SAMPLE RETRACTION FORM

(Complete and return this form and the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)

To the attention of SAS ELALIANCE

Electronic mail:

I hereby notify you of my withdrawal from the contract concerning the sale of the good(s) below:

Ordered on .................(date of the order) and/or received on .................(date of the delivery)

Name of the consumer Customer :

Consumer Customer's address :

Signature of Consumer Customer (only if this form is notified on paper)

Date :

For any information, you can contact the Customer Service at the following address: info@salimaaliani.fr