The Site https://boutique.courchevelmeribel2023.fr is entirely managed by the company AFFECTIVE SARL with a capital of 200 000 €, whose head office is located at 9 rue des augustins 59000, registered at the RCS of Lille under the N° B789725108, intracommunity VAT n° FR 00789725108 (" AFFECTIVE ")
It is previously specified that these conditions govern exclusively the sales organized by Affective on the Site. The Customer declares that it has read and accepts without reservation the entirety of the clauses of Affective's Terms and Conditions of Sale.
ARTICLE 1: Definition and Application of Terms and Conditions
The terms and conditions detailed below apply to all orders for products placed through the Site (the "Products") with Affective by any individual (the "Customer"). Customer must read the Terms and Conditions prior to placing any order (the "Order"), as the Terms and Conditions are permanently available on the Website. Affective reserves the right to change or modify the Terms and Conditions at any time. The current version of the T&Cs applicable to any Order shall be the one posted on the Site at the time of the Order. Consequently, placing an Order requires the Customer to accept these Terms and Conditions of Sale without reservation by clicking on the "I have read and unconditionally accept the Terms and Conditions of Sale" button.
ARTICLE 2 : Purpose of the site
The Site is an e-commerce site whose purpose is to market COURCHEVEL MERIBEL 2023 merchandise.
ARTICLE 3 : Access to the site
The Site can be accessed from a computer, a telephone, a personal assistant or a mobile terminal connected to a telecommunication network according to the communication protocols used on the Internet network. You are informed that the cost of accessing and browsing the Site is the sole responsibility of the Customer.
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond our control. However, an interruption for inventory or technical maintenance necessary for the proper functioning of the Site and related materials, or for any other reason, may be decided by Affective.
Affective is not obligated to provide any results regarding the accessibility of the Site. Affective is not responsible for any interruptions and the consequences thereof.
Affective reserves the right to suspend, discontinue or limit access to all or part of the Site without notice, including for maintenance and upgrades. The Customer is informed that Affective can terminate or modify the characteristics of the Products on the Site at any time without notice.
ARTICLE 4: Registration on the Site
4.1 Registration Form / Customer Account Creation
The creation of a customer account is not a mandatory prerequisite for placing an order on the Site. However, the Customer can create an account at any time with his personal information to place an order more quickly ("my Account"). Customer's registration on the Website is validated by Affective after verification of the form filled in by the Customer.
To do so, Customer must - Register by filling out the required fields, which will include the information necessary to process the registration, such as title, first name, last name, valid email address and password - Confirm his registration by clicking on the "create an account" tab. The Customer will receive an email confirming registration. When creating an Account, the Customer must ensure the accuracy and completeness of the data provided. The Customer is required to keep his personal information up to date.
Affective will not be responsible for the inability to deliver Products in the event of an error in the contact information. By registering on the Website, Customer represents and warrants to Affective that Customer is of legal age and has the legal capacity to enter into a purchase. Once registered, the Customer may at any time access the features offered in their account: - personal information ; - order history ; - order in progress, follow-up of the Order and Delivery processing stages; - credit notes and returns.
Affective may delete the Customer's Account at any time, including but not limited to failure to pay for the Order, breach of the T&Cs or infringement of any third party rights. Affective reserves the right to refuse to accept an Order for any legitimate reason, such as a foreseeable problem with the delivery or the abnormality of the Order.
All new orders for which there is a payment arrears or a dispute related to repeated difficulties in the delivery or provision of previous orders, or in case of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders, may be refused.
4.2 Login and password
A username (e-mail address) and a password, which can be freely configured and modified at any time, allow the Customer to access the Site.
The identifier and password are strictly personal and non-transferable. The Customer is solely responsible for maintaining the secrecy of his password and identifier. The Customer is also responsible for any access to the Site made thanks to the identifier and password, unless proof of fraudulent use is provided. In the event of loss, misappropriation or fraudulent use of the login and password by a third party, Customer agrees to immediately notify Affective by email at email@example.com and specify its login.
In the event that fraudulent use of the password is proven, Affective will contact the Customer to find the appropriate solution.
If you forget your password, you can use the e-mail procedure to retrieve your password. This procedure assumes the mention of the identifier and the use of the email address communicated by the Customer at the time of its request for authorization (or modified in case of update).
ARTICLE 5 : Products
The Products offered 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, Affective is not responsible for any error in the update. In the event of stock shortage, Affective will refund the Customer by bank re-credit for a credit card payment for example. Affective takes the utmost care in the presentation and description of the Products to satisfy the Customer's information.
However, despite the best efforts made in the representation of the products on the Site, the photos are communicated for illustration purposes only. It is therefore possible that there may be a slight difference between the photograph of the Product and the Product itself, which the Customer acknowledges and accepts. In case of doubt or if you need further information you can contact Affective at the following address: firstname.lastname@example.org
Please note that Affective only accepts the return of undamaged and unused Products, both of which are checked before the returned Products are returned to stock. If these two conditions are not met, the Customer will not be able to exchange the Product or obtain a refund.
ARTICLE 6 : Order
6.1 Terms of order
Only natural persons can place an order via the Site. For companies or associations, it is advisable to contact directly the Courchevel Meribel 2023 store at the following address: email@example.com
The Order is subject to the respect of the procedure set up by Affective on the website including successive steps leading to the validation of the Order. The Customer may select as many Products as he/she wishes to add to the shopping cart (the "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 freely modify the Shopping Cart before validating the Order. In order for the Order to be valid, the Customer must tick the box indicating acceptance of the Terms and Conditions of Sale, which shall constitute acceptance of the Terms and Conditions of Sale, the Products purchased, their prices and the associated costs. Once the content of the Sales Order has been confirmed, the client will validate the Sales Order by making a payment, guaranteeing that he/she is the owner or fully authorized to use the selected method of payment.
The order will only be considered definitive once the corresponding amount has been paid. The payment by credit card will be done on the PayPlug banking site. The payment by PayPal will be carried out on the PayPal platform. A confirmation email summarizing the Order (Product(s), price, availability of product(s), quantity...) will be sent to the Customer by Affective.
To this end, the Customer formally accepts the use of email for Affective's confirmation of the contents of the Order. The Customer will be able to view its Order history and invoice on the "my account" area of the Website. It is reminded that the placing of the Order entails an obligation of payment. Orders must be paid immediately, no discount is provided.
6.2 Inability to process an order
In the event of force majeure or an event beyond Affective's control (out of stock due to external factors such as theft, flood, fire...) Affective shall not be liable to the Customer for the decision to remove a Product from the Site, or for the decision to replace or modify any content or information contained on this Site, even after the sending of a confirmation email summarizing the Order.
ARTICLE 7: Prices and Payment Methods
The prices of the Products are indicated on the Site in euros, including VAT, excluding the cost of processing and shipping (the amount of which will be invoiced in addition to the final validation of your order) and excluding customs duties and other taxes (in particular tax on videograms, eco-participation...).
All the displayed prices are calculated with the value added tax (VAT) applicable in France included, which can be different according to the countries of invoicing. In case of delivery outside the French territory, customs fees and other taxes are not included in the price paid by the Customer. These charges must be paid by the Customer directly to the carrier.
Affective reserves the right to change its prices at any time, but Products will be invoiced on the basis of the rates in effect at the time of the registration and payment of the Order, subject to availability. In the event that there is a pricing error and the actual price is higher than the price displayed on the Website, Affective will contact the Customer to ask if he/she wishes to purchase the Product at its actual price or if he/she prefers to cancel the Order.
7.2 Delivery Charges
Delivery charges are payable by the Customer and vary according to the weight of the Order.
Two delivery methods are offered to the Customer: to the address he/she has given. The amount of the delivery charges is indicated on the Order summary.
7.3 Terms of payment
Online sales are exclusively accessible to holders of a valid credit card. Payment for the Products shall be made exclusively online by credit card or by Paypal. The Customer expressly acknowledges that the communication of his/her bank card number is equivalent to an authorization to debit his/her Account for the price of the Products ordered.
If necessary, Affective will notify the Customer of the cancellation of the Order due to non-payment via the email address provided by the Customer when registering on the Website. Affective never has access to confidential payment information. Therefore, the Customer's bank details will be requested at each new Order.
The data recorded by Paypal or Payplug constitute the proof of any financial transaction between the Customer and AFFECTIVE.
Any Order is considered as definitively validated when the concerned payment centers have given their agreement. In the meantime, the Products remain the property of Affective until full payment of the price by the Client. Upon the Customer taking physical possession of the Products ordered, the risk of loss or damage to the Products shall pass to the Customer. Finally, Affective reserves the right to cancel or refuse any Order if there is a dispute over the payment of a previous order.
ARTICLE 8 : Payment Security
Your data is 100% secure: your credit card transactions are managed directly on the SSL platform of PayPlug, secured by encryption technologies (128 bits key) and authentication.
The Site is subject to high performance security systems. It not only adopted the process of encoding TLS (Transport Layer Security) but also reinforced the whole of the processes of scrambling and encoding in order to protect as effectively as possible all the sensitive data related to the means of payment.
8.2 Authentication by 3D Secure
In order to prevent and fight against fraud and identity theft, the Site systematically proposes a system of identity verification of the bank card holder called "3D SECURE". According to this system, after entering the credit card number in the secured page, a message or a call is sent by the bank of the credit card holder to the phone number linked to it. The order is suspended until the customer has fully validated the "3D SECURE" identity check process.
For reasons of security of our customers, at no time your credit card numbers are communicated to us, they are never stored by our teams, nor our servers
ARTICLE 9 : Delivery
Deliveries are made by Colissimo and/or Chronopost services, only from Monday to Saturday, depending on the option chosen by the Customer when validating his/her Order. Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery"). The Delivery charges applicable to the Order shall be as stated on the Website at the time of placing the Order.
Where Affective arranges for delivery of the Product, the risk of loss or damage to the Product shall pass to Customer upon Delivery. Exceptionally, the risk passes to the Customer upon delivery of the Product to the carrier when the carrier is engaged by the Customer and not by Affective. Delivery shall be made to the delivery address specified by the Customer, provided that such address shall be the residence address of the Customer, of a natural person of its choice, of a legal entity (delivery to its business).
Delivery cannot be made to hotels or post office boxes. In the event that delivery cannot be made due to an incorrect delivery address or failure by the Customer to collect the Order from the selected collection point, no re-delivery will be made and the Customer will be refunded within 5 (five) days of Affective receiving the returned Order.
Where Customer orders Products with different delivery times, the delivery time for the Order will be based on the later of the two. Affective reserves the right to split shipments. The shipping and handling fee will only be charged for one shipment. Affective delivers orders within a maximum of 7 (seven) business days for delivery within the UK and 15 (fifteen) business days for international delivery, counting from the day after the order is placed. The day after a collection is put online, the delivery time may be increased by 10 (ten) days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, Customer must ensure that it has provided accurate and complete information regarding the delivery address (such as, but not limited to: street, building, staircase, access codes, names and/or intercom numbers, etc.). Affective shall not be liable for any failure to deliver due to inaccuracy in the delivery address or failure to be present at the address. Affective shall not be liable for any delay in delivery that is not caused by Affective or is due to force majeure. Upon receipt of the Order, the Customer shall check the conformity of the Products.
Finally, it is reminded that when the Customer (or a third party appointed by the Customer) takes physical possession of the Products ordered, the risks of loss or damage to the Products are transferred.
ARTICLE 10 : Availability of the Products
The Products and prices are valid as long as they are visible on the Site and within the limits of available stocks. Information on the availability of Products is provided to the Client at the time the Order is placed. For technical reasons linked to the impossibility of displaying the stock and refreshing the pages in real time, stock discrepancies are therefore always possible. In case of unavailability, the Customer will be informed by e-mail of an indicative date of arrival of the Product. The Customer may then decide to cancel the Order or wait until the Products are back in stock. Information on the availability of Products is provided on the product sheet at the time of placing your Order.
This information is provided directly by Affective's suppliers and may be subject to error or change. If payment has already been made, Affective will refund the Customer, by bank re-credit or other payment selected at the time of purchase.
ARTICLE 11: Right of Withdrawal
11.1 Terms and Conditions
In order to exercise the right of withdrawal, the Customer must contact Affective within fourteen (14) days following the reception of the Product, without having to justify it, in accordance with the provisions of articles L.221-18 and following of the French Consumer Code.
However, only the refund of the Product by Affective is possible to the exclusion of any other form of compensation, in any form whatsoever. With the exception of the exclusions mentioned below, the Customer will be entitled to a refund of the returned Products as well as the delivery costs of the Order corresponding to the pro rata of the value of the returned Product in relation to the amount of the Order and excluding possible additional costs.
The refund will be made by the same means of payment as the one used for the initial transaction. The refund will be made as soon as possible and no later than 14 days after the effective exercise of the right of withdrawal. Affective may defer the refund until receipt of the Product(s) or proof of shipment of the Product(s), whichever comes first. When the fourteen (14) day period expires on a Saturday, Sunday or holiday, it is extended to the next business day.
In accordance with Article L.221-23 of the French Consumer Code, the cost of returning the Products shall be borne by the Customer except in the case of non-conformity of the Products delivered with the Order, which shall be borne by Affective. Failure to do so will result in Affective not issuing a refund. The delivered Product must be returned with the delivery note, in its original packaging, complete (accessories, instructions...) and in perfect condition for resale. The retraction can never be exercised if the Products have been, even partially, consumed, washed, soiled, damaged or used. Similarly, Products returned incomplete, damaged or soiled will not be returned or exchanged.
The right of withdrawal does not apply to :
- the delivery of Products that cannot be returned for reasons of hygiene or health protection, if the Customer has unsealed them or, which, after being delivered, have been inseparably mixed with other items; - the delivery of audio or video recordings or computer software if you have unsealed them after delivery; - the delivery of Products that have been made to the Customer's specifications or that have been clearly personalized; - the delivery of Products that are likely to deteriorate or expire rapidly.
ARTICLE 12: Return of Products - Refund
12.1 Return of Products
In accordance with the provisions of Article L 121-21-3 of the Consumer Code, the Customer must return the Products within 14 (fourteen) days following the validation of the retraction.
The Customer must turn over the Products by postal way to the following address:
Return Service / COURCHEVEL MERIBEL 2023
45-47 rue Paul Bert
The products must be returned in their original packaging. The cost of returning the Products ordered shall be borne by the Customer. The transport and the routing of the returned Products are also the responsibility of the Customer.
Following the sending of the return parcel, the Customer will be informed by e-mail of the good reception of his parcel as well as of his refund. The refund will be made within a maximum of 14 days following the date of receipt of the package. The refund will be made by a credit on the bank account under the same conditions as the purchase (if paid by credit card).
The right of withdrawal is intended to establish that the product has all the characteristics expected. Any use that goes beyond this observation will engage the responsibility of the Customer and the Customer will be liable for the value of the Product if it was out of use, its current value or its depreciation if it was damaged.
ARTICLE 13 : Legal guarantees
In accordance with the provisions of the legal warranties of conformity and hidden defects (referred to in the box below), Affective will refund or exchange the Products apparently defective or not corresponding to the Customer's order. For a refund, the Customer should contact Affective's customer service department at the following address: firstname.lastname@example.org
The Products must be returned to Affective in the same condition as received by the Customer with all components (accessories, instructions...) in a packaging that allows for proper transportation. The shipping costs will be reimbursed to the Customer on the basis of the invoiced rate and the return shipping costs will be reimbursed upon presentation of the receipts.
It is reminded that within the framework of the legal guarantee of conformity, the consumer : - has a period of two years from the date of delivery of the goods to act against the seller; - may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; - is exempted from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good, except for second-hand goods.
You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that 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. The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal
ARTICLE 14 : Responsibility
Affective is 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: - they must be in conformity with the description and possess the characteristics exposed on the Site; - they must be suitable for the purposes for which Products of this kind are generally designed; - they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected. Customer is, however, advised to use its Product with caution.
Affective shall not be liable for any misuse. Affective shall also not be liable for any delay or failure to deliver if the delay or failure is due to any cause beyond its control, such as acts of God or force majeure as defined by applicable law.
Affective will not be held responsible in any case: - in case of false information or error in entering its details by the Customer; - In case of misuse of the identifiers or the Ordering process; - in case of obvious error of displaying a derisory price. With respect to the security of the Site, Affective will use its best efforts to secure the Site. However, as no site is impregnable, Affective shall not be liable if unwanted data is imported and installed on the Site without Affective's knowledge, or if the data transmitted by the customer to process his or her order is misappropriated, damaged, lost or used unlawfully by third parties.
Affective shall also not be liable for any damages that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from Customer's downloading of any Content, the software used by Customer to download the Content, or the Site or server that makes it available.
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 is also solely responsible for its use of the Site and Affective shall not be liable for any claims and/or proceedings made against it. However, the Site contains a number of hyperlinks to other websites. Because Affective cannot control these external sites and sources, Affective cannot be held responsible for the availability of these external sites and sources, nor can Affective be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources.
In addition, Affective shall not be liable for any actual or alleged damages arising out of or in connection with the use of or reliance on any such content, goods or services available on such external sites or sources.
Finally, to the extent permitted by law, Affective shall not be responsible or liable for any content of such other sites that violates applicable laws and regulations. You must therefore comply with the terms and conditions of use of these sites.
ARTICLE 15 Miscellaneous provisions
The nullity in whole or in part of one or more provisions of the GTC, under the terms of a legal or regulatory provision or a court decision that has become final, does not entail the nullity of the other provisions or the part of the provision not affected by the nullity.
ARTICLE 16 Complaint - Dispute
For any claim, the Customer shall contact Affective at the following address
Affective Claims Department COURCHEVEL MERIBEL 2023
45-47 rue Paul Bert
or by e-mail : email@example.com
The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In this case, the designated mediator is :
73 boulevard de Clichy,
Telephone: 01 49 70 15 53
E-mail : firstname.lastname@example.org.
Website : www.medicys.fr
The Customer is also informed that he can also use the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show The present General Conditions of sale are subjected to the French law.
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, could be subjected to the competent courts under the conditions of common law.