General Terms and Conditions
TERMS AND CONDITIONS
The “Allo Télécommande” Seller is engaged in e-commerce and offers an online product sales service on the www.AlloTelecommande.com website.
These general conditions (hereinafter referred to as the “Conditions”) are exclusively reserved for Consumer and Non-Professional Buyers.
Exceptional measures concerning covid-19 :
The delivery times are given as an indication following the implementation by the various countries impacted by covid-19, the company AlloTelecommande cannot be held responsible for delays in deliveries whose products are affected by health restrictions. No claim for compensation for delays will be granted. However, we undertake to inform customers of the delay in the supply of their products and to offer a refund of the order if the customer requests it by e-mail to the department concerned (firstname.lastname@example.org).
ARTICLE 1 – DEFINITIONS
Terms used in the Terms shall have the meanings set out below:
Buyer: natural person acquiring Products through the Site Order: purchase order from the Buyer relating to one or more Products and accepted by the Seller in application of the Conditions.
Cookie: an application sent by a World Wide Web server to a user, sometimes without the user’s knowledge, during a connection in order to characterize that user. By extension, information that the applet can save on the user’s disk and that the server can access later.
E-mail: computerized document that a user enters, sends or consults offline via a network.
Internet: A global network combining telecommunication resources and server and client computers for the exchange of electronic messages, multimedia information and files. It operates using a common protocol that allows messages cut into independent packets to be routed from one location to another.
Party(ies): Buyer and/or Seller
Product: property offered for sale on the Site by the Seller
Site (Website or Internet Site): Internet site accessible at the address https://www.allotelecommande.com on which the Seller offers the Products for sale
Seller: Company: Silver Stone Monaco, Commercial name: AlloTelecommande.com, Legal form: SARL au capital de 15000€, Address: 48 Boulevard du jardin exotique 98000 Monaco, Siren number: 000098318 Intracommunity VAT number: FR 86 00009831 8 Contact: contact@AlloTelecommande.com offering the Products for sale through the Site.
ARTICLE 2 – PURPOSE
The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in connection with the sale of the Products through the Site.
ARTICLE 3 – SCOPE OF APPLICATION
The Terms apply to all sales of Products by the Seller to the Buyer made through the Site.
An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer and delivery of the Products is made in metropolitan France, Corsica and other countries that are part of the European Union.
ARTICLE 4 – Availability of products and prices
The offers presented by the Vendor on the Site are valid for the time of their posting on the Site.
If the price of a product changes, we undertake to keep the price in force at the time of the order, as long as it does not represent a sale at a loss (a practice prohibited by the regulations in force).
The prices indicated do not take into account postal charges, which will be indicated when the basket is displayed and when the order is validated.
Information marked with stock means that we have at least one copy of the product concerned in stock.
This information is given as an indication and may be subject to error, which will be corrected during the complete inventory of the stock.
The priority of the treatment of the orders by giving first to the payment by CB and PayPal, then to the check and bank transfer.
ARTICLE 5 – ORDER
The Purchaser places his Order through the Site.
All contractual information is presented in French.
This information will be confirmed at the latest at the time of delivery.
The Buyer declares having read the Terms and Conditions prior to placing his Order and acknowledges that the validation of his Order implies the acceptance of their terms.
The Buyer further acknowledges that the Conditions are made available to it in a manner allowing their conservation and reproduction, in accordance with article 1369-4 of the Civil Code.
In order to place the Order, the Buyer must provide the Seller with data concerning him/her and complete an online form accessible from the Site.
The contract of sale between the Seller and the Buyer is formed when the Buyer clicks on the checkbox “I accept the General Terms and Conditions of Sale” when confirming his/her Order via the “CONFIRMATION OF YOUR ORDER” screen.
Until this final step, the Buyer will have the possibility to go back to the previous pages and to correct and modify his Order and the information provided beforehand.
The Buyer must therefore provide a valid e-mail address when filling in the fields relating to his identity.
In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by Email as soon as it is aware of this unavailability.
The Seller will then offer the Buyer the possibility of providing him/her, in exchange for the Product ordered, with a Product of equivalent quality and price.
If the Buyer refuses this new offer from the Seller, this unavailability shall result in the cancellation of the Order and the reimbursement to the Buyer, without delay and within thirty days at the latest, of the price of this Order if its bank account has been debited. Reimbursement shall be made by the means of payment used by the customer at the time of purchase.
Cancellation of the order: In case of cancellation of the order after its preparation and before its shipment, Allotelecommande reserves the right to withhold logistics costs of 1.70€.
ARTICLE 6 – PAYMENT
The prices of the Products indicated on the pages of the Site correspond to the prices including all taxes and excluding participation in the costs of logistical preparation and shipping.
The Vendor reserves the right to modify the prices of the Products presented on the Site.
However, the Products will be invoiced to the Buyer on the basis of the prices in force at the time of the validation of the Order.
The payment of the Order will be made:
– By credit card: via the secure BNP Paribas website. The payment will validate the Order and initiate its processing by the Seller for shipment.
– By PayPal: via PayPal’s secure site. The payment will validate the Order and will start its processing by the Seller for shipment.
– By cheque: the Order shall be validated upon receipt of the cheque and shall be processed by the Seller for dispatch. The Vendor reserves the right to send the Order only upon effective and final payment of the cheque. That is to say a period of 15 days.
The payment order made by credit card cannot be cancelled. Consequently, the payment of the Order by the Buyer is irrevocable, without prejudice to the Buyer’s right to exercise its right of withdrawal or subsequent cancellation of the Order.
THE TRANSFER OF OWNERSHIP OF THE PRODUCT TO THE BUYER WILL ONLY TAKE PLACE WHEN THE SELLER HAS RECEIVED THE FULL PRICE.
ARTICLE 7 – DELIVERY
Product will be delivered to the coordinates indicated by the Buyer in the form filled in at the time of the Order. The package will be delivered to the address indicated during the ordering process by the Customer. Upon delivery, if the Customer is absent, the delivery person will leave a delivery notice which will be deposited directly in his mailbox.
Allo Télécommande undertakes to prepare and deliver the Product(s) ordered by the Customer within a maximum period of thirty days from the date of receipt by the Customer of the Order confirmation.
The delivery times visible to the Customer when placing an order are calculated in working days. Orders confirmed and paid before 2pm, for items reported in stock, will be processed and shipped within 1 to 3 working days.
The times indicated represent the average times for processing the order (processing, preparation and shipping), you must add to this the average delivery processing times of the carrier as indicated in Article 7.2 of the GTC.
All orders whose items are in stock are on average shipped within 1 to 2 working days (depending on the time of the order and the time of passage of the carrier).
It is noted that as our company is based in the Principality of Monaco, we are subject to the postal holidays respected in the country.
For the year 2020 they are composed as follows:
On these dates delays in the pick-up of parcels may be possible.
7.2 – Delivery times: Following the order confirmation, the parcel is prepared and enters the postal system. The parcel is sent to the address indicated by the Customer and its delivery will depend on the choice of delivery method, which will result in a delay.
The different delivery methods available:
LETTERS FOLLOWED FRANCE: average indicative time announced by the provider: 3 to 5 working days for metropolitan France.
COLISSIMO : average delay announced by the service provider : 2 – 3 working days for metropolitan France
CHRONOPOST: average delay announced by the provider: 1 – 2 working days for mainland France
EUROPE FOLLOW-UP LETTERS: average time announced by the service provider: 3 to 6 working days for Europe
7.3 Delayed delivery and loss: In the case of a delay or loss of the package attributable to a third party service provider, such as DHL, La Poste, UPS, Chronopost, Allo Télécommande cannot be held responsible. A delay of 30 days from the filing of the complaint with the concerned services will be necessary before any decision (refund, return of new products or cancellation of the order). If the customer wishes to receive other products in the meantime, a new order will have to be paid in full. This one will be totally refunded the day the lost parcel will be returned to Allo Télécommande’s head office.
The delivery being made by a third party service provider, in the case of delivery delays, AlloTélécommande cannot make a firm commitment on the delivery time. When a delay in delivery is noted, the Customer may inform AlloTélécommande, which undertakes to contact the service provider to check the status of the order.
In no case, the delay of delivery of a package will not be compensated by AlloTélécommande.
The LETTRE SUIVIE FRANCE and INTERNATIONAL service does not include any insurance and reimbursement in case of loss or delay and the delivery time cannot be guaranteed.
The CHRONOPOST service is a fast delivery service with firm rules. In case of delay of the parcel, the Customer must be reactive and inform Allo Télécommande as soon as the delivery is delayed by 24 hours, in order to allow time to build a claim file and submit it to the CHRONOPOST service. Beyond this delay, CHRONOPOST will not accept any type of claim and Allo Télécommande cannot be held responsible for any delay or loss of the package.
Following a Customer’s complaint, below you can find the type of actions usually undertaken by Allo Remotes, after receiving the return of the service provider:
- “Lost parcel”: new shipment to the Customer, handled by Allo Remotes (except Followed Letter service).
- “Delivered parcel”: no support from Allo Remote Control
- “Parcel being rerouted”, “Parcel being returned to sender”: Allo Télécommande will wait for the return of the parcel to analyze the reasons for the non-delivery and determine the procedure to follow.
ARTICLE 8 – CANCELLATION – WITHDRAWAL – REFUND – EXCHANGE
8.1 The Buyer has the right to cancel the Sales Order as soon as it has been concluded, but only before it is shipped by our services for a refund before shipment. Otherwise, the client has a legal period of 14 days from the date of receipt of the product to contact us.
In addition, as from the reception of the Product by the Buyer, the Buyer has a 14-day retraction period, allowing him/her, without having to justify particular reasons, to send back the delivered Product by paying for the return costs at his/her own expense.
Postal charges for shipping (6 to 9 euros, depending on the purchase) and return will be charged to the Buyer.
If the Buyer makes use of this right of withdrawal within 14 clear days from receipt of the Product, the Seller undertakes to reimburse the Buyer without delay and at the latest within thirty days of the date on which this right was exercised (excluding €7.49 for delivery and handling costs).
To exercise these rights of cancellation of the Order and withdrawal, the Buyer must send an E-mail to the following address: ” assistance@AlloTelecommande.com “ This E-mail must explicitly recall the reference of the Order.
A confirmation acknowledging receipt of this return request will be sent to him/her by e-mail accompanied by a return procedure detailing the information in articles 8.2 and 8.3 and 8.4 of the general terms and conditions of sale.
8.2 Products returned for a refund must be in perfect working order and physical condition (the product must not be damaged, scratched, broken or have missing parts or installation marks) if these conditions are not met, we reserve the right not to honour the refund.
8.3 Requests for exchanges are permitted for 14 days from the date of purchase. We advise customers to contact us to find out which product is compatible with their installations in order to proceed with a functional exchange.
8.4 Products returned for exchange must be in perfect working order and physical condition (the product must not be damaged, scratched, broken or have missing parts or installation marks). If these conditions are not met, we reserve the right not to honour the exchange. A fee may apply if there is a difference in price or an exchange handling fee.
The costs are expressed in euros and are detailed as follows:
Amount of the new products X their quantities + fixed shipping costs according to the type of shipping (France or international) to that we deduct the costs already paid by the customer at the time of his original order. The amount indicated in the procedure is therefore the total balance of the costs due in order to proceed with the exchange.
Ex : 26.00 x 2 + 7.49€ minus 32€ already paid previously = 27.49€.
The free shipping for the purchase of two remotes, only works for the first purchase and will not be applied for exchanges.
Exchanges are payable by check and are addressed to Silver Stone Monaco, 48 boulevard du Jardin Exotique, 98000 Monaco, the order of the check is to be made out to Silver Stone Monaco.
ARTICLE 9 – Processing of postal returns
The postal returns in case of Guarantee, after-sales service, refund and exchanges are treated within 3 working days maximum except in case of return of the product to the supplier in this case the deadlines of the supplier after-sales service will be indicated in the e-mail.
In case of postal return for lack of address, the customer will be contacted to obtain a valid delivery address and will have to pay 7.49€ for the return costs if he wishes a return. If the customer does not wish the products to be returned and wants a refund, this will take place in accordance with the GCS under the heading refund.
The customer will be contacted by email as soon as his return is processed, then a second time within 14 days following this first contact by email and sms.
In the event of no response from the customer within 30 days of the first e-mail and the reminder concerning the postal return, the product will then be destroyed or put back in stock according to its physical condition and the customer will no longer be able to claim a refund or return of this order.
ARTICLE 10 – WARRANTY and AFTER-SALES SERVICE
AlloTelecommande.com guarantees the defectiveness of the product in the terms and conditions defined below. Should the customer notice a defect in the product, he has 15 days from the date of purchase to return it to Allo Télécommande. Any request for return under warranty must be accompanied by the form provided for this purpose.
If Allo Télécommande’s after-sales service authorizes the return under warranty, the customer receives an authorization from the customer service and must obligatorily send at his own expense to Allo Télécommande the product accompanied by a copy of the invoice delivered with the order and which serve as a guarantee. For the warranty to be valid, the product must have been used under normal operating conditions.
The batteries supplied in the products are test batteries whose life expectancy is variable and are not considered as new, we will not make any compensation for them and consumables are not guaranteed.
Warranty “Defective Remote Control = Remote Control Replaced”. This Warranty offers an additional year of manufacturer’s warranty on the manufacturing defects of the remote control. This warranty does not include wearing parts or the battery(ies). Any damage caused by oxidation of the electronic equipment as well as damage caused by a fall will not be covered by this warranty. Any return in sav remains the responsibility of the buyer, and the cost of returning the products after the after-sales service is fixed at 4.90€ in standard letter followed non guaranteed with delivery in 3 to 5 working days (estimated time).
If the returned product is no longer produced, we will then send an equivalent or replacement product to customers.
If the wish expressed by the Buyer cannot be executed within one month following his complaint, or if this repair or replacement is impossible, the Buyer will have the option either to return the Product and then be refunded the price of this Product if the payment has already taken place, or to keep the Product and only be refunded part of the price.
Moreover, without prejudice to its rights of withdrawal, cancellation and guarantee of conformity mentioned above, the Buyer benefits on the Product of the guarantee of hidden defects as provided for in Articles 1641 to 1649 of the Civil Code.
These warranties are at no cost to the Buyer. Return postage will be charged to the Buyer.
ARTICLE 11 – LIABILITY
The Seller shall be automatically liable to the Buyer for the proper performance of the Order.
However, the Seller shall not be held liable if it provides proof that the non-performance or poor performance of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable fact of a third party unrelated to the supply of the services provided for in the Conditions, or to a case of force majeure.
The Seller shall not be liable for damages resulting from a fault of the Buyer in the use of the Products.
ARTICLE 12 – INTELLECTUAL PROPERTY
All the elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the Intellectual Property Code and belong to the Vendor.
The Buyer shall refrain from infringing the intellectual property rights relating to these elements and in particular from reproducing, representing, modifying, adapting, translating, extracting and/or reusing a qualitatively or quantitatively substantial part of them, with the exception of acts necessary for their normal and proper use.
ARTICLE 13 – PERSONAL DATA
The Purchaser is informed that, during its browsing and in the context of the Order, personal data concerning the Purchaser are collected and processed by the Vendor in its capacity as data controller, in particular by means of the online form used to place the Order.
The Buyer is informed that the Order cannot be placed if this form is not correctly filled in. This form contains the indication of the optional or obligatory character of the fields to be filled in.
The recipients of the data thus collected will be the Seller. This processing is the subject of a declaration to the Commission Nationale Informatique et Libertés in application of the law n°78-17 of January 6, 1978.
This data is used to process the Order and to improve and personalise the services offered by the Seller.
They are not intended to be passed on to third parties.
The Buyer is informed that the Seller wishes to install a Cookie in his computer in order to record information relating to the Buyer’s browsing on the Site as well as the information provided by the Buyer through the online form, information intended to be kept until deletion of the Cookie by the Buyer.
The purpose of installing a Cookie is to record this information so that it can be read during the Buyer’s next visits to the Site and thus avoid the Buyer having to fill in the form proposed at each of these visits.
However, the Buyer has the right to oppose the registration of Cookies on his computer and must then proceed as follows:
– For Mozilla Firefox: Choose the “tool” menu then “Options” Click on the “privacy” icon Find the “cookie” menu and select the appropriate options
– For Microsoft Internet Explorer 6.00 and above: select the “Tools” menu, then “Internet Options”. Click on the “Confidentiality” tab and select the desired level with the cursor.
– For Microsoft Internet Explorer 5: choose the “Tools” menu, then “Internet Options”. Click on the “Confidentiality” tab Customize the level with the cursor.
– For Netscape 6.X and 7. X: choose the menu “Edit” – “Preferences” Privacy and Security Cookies
– For Opera 6.0 and above: choose the “File” – “Preferences” Privacy menu.
The Buyer has the right to object, on legitimate grounds, to the processing of personal data concerning him/her.
He has the right to object, free of charge, to the use of the data concerning him for canvassing purposes, in particular for commercial purposes, by the Seller or by the person responsible for further processing.
The Buyer, if he proves his identity, has the right to ask the Seller for confirmation that personal data concerning him are or are not being processed, information regarding the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are communicated, if any, information on intended transfers of personal data to a State which is not a Member State of the European Community, communication in an accessible form of the personal data concerning him or her and of any available information as to their source, information making it possible to ascertain and challenge the logic underlying the automatic processing operation in the event of a decision taken on the basis thereof which produces legal effects concerning the data subject.
The Buyer is informed that a copy of the personal data can be delivered to him at his request.
The Buyer, if he proves his identity, also has the right to demand that the Seller rectifies, completes, updates, locks or erases any personal data concerning him that is inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or storage is prohibited.
In order to exercise this right, the Buyer shall send an e-mail to the Seller in his capacity as data controller to the following address: contact@AlloTelecommande.com.
When requested by the Buyer, the Seller shall prove, at no cost to the Buyer, that it has carried out the required operations.
The Buyer is informed that in the event of a dispute, the burden of proof lies with the Seller, except where it is established that the disputed data was communicated by the Buyer or with his consent.
The Buyer is also informed that, in the event of a change in the registration, the Buyer is entitled to reimbursement of the costs of the aforementioned copy.
ARTICLE 14 – AGREEMENT ON EVIDENCE
It is expressly agreed that the Parties may communicate with each other by electronic means for the purposes of the Terms and Conditions, provided that technical security measures to ensure the confidentiality of the data exchanged are in place.
The two Parties agree that the E-mails exchanged between them shall validly prove the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of Orders.
ARTICLE 15 – PARTIAL INVALIDITY
If one or more of the provisions of the Terms and Conditions are found to be unlawful or invalid, such invalidity shall not invalidate the remaining provisions of the Terms and Conditions, unless such provisions are inseparable from the invalidated provision.
ARTICLE 16 – APPLICABLE LAW
The Conditions are governed by Monegasque law.
ARTICLE 17 – ATTRIBUTION OF COMPETENCE
The Parties agree that in the event of any dispute that may arise concerning the execution or interpretation of the Conditions, they will endeavour to find an amicable solution.
In the event that this attempt at an amicable resolution of the dispute fails, the dispute shall be brought before the competent courts.
The seller ‘Alloremotecontrol’ runs an online shop and offers an online sales service on the website www.alloremotecontrol.com.
These general terms and conditions (hereafter referred to as ‘Conditions’) apply exclusively to individual consumer buyers and do not apply to businesses.
***PLEASE NOTE*** Regarding the Christmas period, 2018:
This year, the Christmas period promises to be particularly busy for delivery companies, especially for express delivery services (delivery within 1-2 days). The Alloremotecontrol team is committed – as always – to processing its customers orders by the end of the day if the order is confirmed before 2pm. However, delivery companies such as La Poste, UPS, DHL etc. can no longer guarantee delivery timeframes.
It should be noted that:
The following dispatch services will continue to operate whatever happens, but starting from the following dates:
– 11th December : the international transporter companiesIMX, Mondial Relay, Colissimo International and Colissimo Outre-Mer can no longer guarantee dates of delivery before Christmas.
– 15th December : the companies Colissimo and Lettre Max can no longer guarantee dates of delivery before Christmas.
– 18th December : semi-express companies such as DPD, DHL ESU (ECO), CHRONO CLASSIC, UPS STANDARD / EXPEDITED cannot guarantee delivery before Christmas
– 20th-21st December: Even if using an express delivery service, delivery for the 24th December will be challenging.
Please also note that guaranteed delivery times within 24 hours will no longer apply from 1st December. (especially when using CHRONOPOST, UPS and DHL).
It should finally be noted that the ‘yellow vest’ political movement will continue to disrupt deliveries at random.
ARTICLE 1 – DEFINITIONS
The terms used within the Conditions will have the meaning which is given to them hereafter:
Buyer : an actual person acquiring products through the use of the order website: a purchase order from the buyer relating to one or more products and accepted by the buyer under the Conditions.
Cookie: an applet sent by a server of the World Wide Web to a user, sometimes without their knowledge, during the course of a connection in order to distinguish this user. By extension, information that the applet can store on the user’s hard drive and which the server can access at a later time.
Email: a digital document that a user keys in, sends or refers to at a later time via a network.
Internet: the world network associating telecommunication resources and both client and server computers used for the exchange of digital messages, multimedia and files. It works through using a common protocol which allows the progressive routing of messages which are broken up into separate bundles.
Party(ies) : The buyer and/or the seller
Product : an asset being offered for sale on the website by the seller
Site (Website or Internet Site) : website accessible at the address https://www.alloremotecontrol.com on which the seller offers products for sale
Seller : Company : Silver Stone Monaco. Trading name: alloremotecontrol.com, Legal status: Limited Liability Company with a capital of 15000 EUR, Address:
48 Boulevard du jardin exotique 98000 Monaco, SIREN registration number :000098318 Intercommunity VAT ID number : FR 86 00009831 8 Contact details : email@example.com offering products for sale through the use of the website.
ARTICLE 2 – PURPOSE
The Conditions’ purppose is to set out the rights and responsibilities of the seller and buyer within the scope of the sale of products through the website.
ARTICLE 3 – SCOPE OF APPLICATION OF THE TERMS AND CONDITIONS
The Conditions are applicable to all sales of products by the seller to the buyer which are made through the use of the website.
An order will only be taken into consideration by the seller upon prior acceptance of the Conditions by the buyer and that the delivery of products must be done within mainland France, Corsica and the other countries forming part of the European Union.
ARTICLE 4 – ORDERS
The buyer places their order through the use of the website.
All of the contractual information is presented in the French language.
This information will form part of a confirmation right up until the point of delivery.
The buyer declares they have carefully read the Conditions before placing their order and acknowledges the confirmation of their order implies acceptance of their terms.
The buyer also acknowledges that the Conditions are made available to them in a manner which allows for their storage and reproduction in accordance with article 1369-4 of the civil code.
The offers displayed by the seller on the website are valid for the time they appear on the website.
In order to place an order, the buyer must provide the seller with data relating to them, and fill in an online form accessible on the website.
The sales contract between the buyer and seller is made when the buyer clicks on the tick box ‘I accept the General Terms and Conditions of sale’ during the confirmation of their order via the ‘CONFIRMATION OF YOUR ORDER’ screen.
Up until this final stage, the buyer will have the chance to return to the previous pages and correct and modify their order and the information previously provided.
The buyer must therefore provide a valid email address when he/she fills in the boxes relating to their identity.
In the event of a product ordered by the buyer being unavailable, the seller agrees to inform the buyer via email as soon as they are aware of this unavailability.
The seller will then offer the buyer the possibility of supplying them with a product of the same price and quality in exchange for the product ordered.
If the buyer refuses this new offer from the seller, this unavailability will lead to the cancellation of the order and the buyer being reimbursed the cost of this order if their bank account has been debited, without delay and within 30 days. The refund will be made by cheque.
ARTICLE 5 – PAYMENT
The prices of the products shown on the website pages relate to prices inclusive of all taxes but do not include postage and packing.
The seller reserves the right to alter the prices of products displayed on the website.
However, the products will be invoiced to the buyer on the basis of the prices in effect at the time of the order being confirmed.
Payment for the order will be made:
– By debit card : via the BNP Paribas secured website. The payment will validate the order and initiate its processing by the seller for the purposes of dispatch.
– By cheque : the order will be confirmed upon receipt of the cheque and will initiate its processing by the seller for the purposes of dispatch. The seller reserves the right to only send the order upon effective and definitive payment of the cheque, i.e. 2 weeks after receipt of the cheque.
The payment order made by debit card cannot be cancelled. From that moment on, payment for the order by the buyer is irrevocable, without prejudice for the buyer to exercise their right of subsequent withdrawal or cancellation of the order.
THE TRANSFER OF OWNERSHIP OF THE PRODUCT TO THE BUYER WILL ONLY TAKE PLACE ONCE PAYMENT HAS BEEN RECEIVED IN FULL BY THE SELLER;
ARTICLE 6 – DELIVERY
6.1 – Terms
The product will be delivered to the name and address provided by the buyer within the filled-in form at the time of ordering. The parcel will be delivered to the address provided by the customer during the order process. At the time of delivery, if the customer is absent the delivery driver will leave a delivery notice which will be directly dropped in their letterbox.
Alloremotecontrol agrees to prepare and deliver the product(s) ordered by the customer within the maximum time period of 30 days starting from when the customer receives their order confirmation.
The delivery times visible by the customer at the time of placing an order are calculated in working days. Orders which are confirmed and paid for before 2pm for items shown as being in stock will be processed and dispatched within 1 to 3 working days.
6.2 – Delivery times : Following the order confirmation, the parcel is prepared and enters the postal system. The parcel is dispatched to the address provided by the customer and its delivery will depend on the method of delivery chosen, on which the delivery time will be based.
The different delivery methods available are as follows:
LETTRES SUIVIES FRANCE : average indicative timeframe advertised by the service provider : 3-5 working days for metropolitan France.
COLISSIMO : average timeframe advertised by the service provider: 2-3 working days for metropolitan France.
CHRONOPOST : average timeframe advertised by the service provider: 1-2 working days for metropolitan France.
LETTRES SUIVIES EUROPE : average timeframe advertised by the service provider: 3-6 working days for deliveries in Europe
6.3 Delivery delays and losses : In the event of a parcel being delayed or lost and this is attributable to a third party service provider such as DHL, La Poste, UPS, ChronoPost, Alloremotecontrol cannot be held responsible. A time period of 30 days starting from the date of submission of the complaint with the company concerned will be necessary before any decision is made (on refunds, re-sending of new products or cancellation of the order). If the customer wishes to receive other products in the meantime, payment for the cost of a new order will have to be made in full. This cost will be refunded in full on the day the lost parcel is returned to the Alloremotecontrol head office.
As deliveries are carried out by a third party service provider, in the event of delays Alloremotecontrol is not able to make a firm commitment on delivery timeframes. When a delivery delay is identified, the customer can declare this to Alloremotecontrol, who agree to contact the service provider in order to check the order’s status.
Under no circumstances can a delay to the delivery of a parcel form part of any compensation on behalf of Alloremotecontrol.
The company LETTRE SUIVIE FRANCE and INTERNATIONAL does not include any insurance with parcels and refunds in the event of losses or delays cannot be guaranteed.
The company CHRONOPOST is a fast delivery service which lays down strict rules. In the event of a parcel being delayed, the customer must be reactive and inform Alloremotecontrol from the first day that the delivery is 24H late in order to leave us time to compile a complaint file and submit it to CHRONOPOST. Beyond this time, CHRONOPOST will not accept any type of complaint and Alloremotecontrol cannot be held responsible for the lateness or loss of parcels.
Following a customer’s complaint, below you will find the kinds of action generally undertaken by Alloremotecontrol once a response has been received from the service provider:
‘Parcel lost’ – the customer is sent a new parcel with costs covered by Alloremotecontrol (except with the Lettre Suivie company).
‘Parcel delivered’ – costs are not covered by Alloremotecontrol.
‘Parcel is currently being re-routed’, ‘Parcel is being sent back to the sender’ – Alloremotecontrol will await the return of the parcel to analyse the reasons why the parcel was not delivered and determine the course of action.
ARTICLE 7 – CANCELLATIONS, WITHDRAWALS AND REFUNDS
The buyer has the option to cancel the order once it has been finalised.
Furthermore, once the product has been received by the buyer, they will have a cancellation period of 14 days allowing them to send the delivered product back without having to state specific reasons after paying the 9 euro delivery costs.
If the buyer makes use of this right of withdrawal within the time period of 14 clear days starting from when the product was received, the seller agrees to refund the buyer without delay and no later than 30 days following the date on which this right was exercised (exclusive of the 9 euro delivery and case management costs).
The postage sending and return fees (6 to 9 euros depending on the item purchased) will be at the buyer’s cost.
In order to exercise these order withdrawal and cancellation rights the buyer must send an email to the following address: firstname.lastname@example.org. This email will have to explicitly mention the order reference.
A confirmation acknowledging receipt of this return request will then be sent to them by email.
ARTICLE 8 – WARRANTY
alloremotecontrol.com guarantees the defectiveness of the product under the terms set out hereafter. In the event of a customer identifying a defect with a product, they will have 15 days after their purchase to send it back to Alloremotecontrol. Any requests for returns under warranty must be sent along with the form provided for this purpose.
If Alloremotecontrol’s after-sales service approves the return under warranty, the customer will receive approval by the customer service department and must at their cost send the product to Alloremotecontrol together with a copy of the bill issued with the order which will serve as a guarantee. In order for the warranty to apply, the product must have been used under normal operating conditions.
Batteries and consumables are not under warranty.
The ‘Broken Remote Control = A Replaced Remote Control’ Guarantee. This guarantee offers one additional year of manufacturer’s guarantee against the remote control’s manufacturing defects. This guarantee does not include natural wear and tear of parts or batteries. Any damage caused by rusting of the electronic equipment as well as damage caused by dropping the remote control will not be covered by this guarantee.
If the wish expressed by the buyer cannot be acted upon within one month following their claim, or if repairs or replacement are not possible, the buyer will have the option either to return the product and then be refunded the cost of this product if payment has already taken place, or to keep the product and only receive a partial refund of the cost.
Furthermore, without prejudice to their above-mentioned rights of withdrawal, cancellation and guarantee of conformity, the buyer also receives a hidden defect guarantee on the product as is set out in articles 1641 to 1649 of the civil code.
These guarantees occur without costs to the buyer. The return postage fees will be at the buyer’s cost.
ARTICLE 9 – RESPONSIBILITY
The seller is strictly liable towards the buyer for the proper fulfilment of the order.
However, the seller cannot be held liable if they demonstrate that the improper fulfilment or inability to fulfil his obligations is down to the buyer, or an unforeseeable and unavoidable act of a third party in the provision of services set out in the Conditions, or in the event of unforeseeable circumstances preventing the fulfilment of their obligations.
The seller can not be held responsible for damages resulting from a mistake by the buyer in the context of the use of the products.
ARTICLE 10 – INTELLECTUAL PROPERTY
All of the features on the website, such as sounds, images, photographs, videos, texts, animations, programs, corporate identity, utilities, databases and software are protected by the provisions within the intellectual property code and belong to the seller.
The buyer shall refrain from infringing the intellectual property rights regarding these features, and in particular shall not reproduce, represent, modify, adapt, translate, extract and/or re-use a qualitatively or quantitatively substantial part of them, apart from necessary acts for their normal and compliant use.
ARTICLE 11 – PERSONAL DATA
The buyer is informed that, while they are browsing the website and in the course of an order, data of a persona nature about them is collected and processed by the seller as the person responsible for handling data, particularly through the use of the online form designed for placing an order.
The buyer is informed that the order cannot be placed if this form is not correctly filled in. This form contains instructions as to whether the boxes to be filled in are optional or compulsory.
The recipient of the data collected in this way will be the seller. The data handling is subject to a declaration with the Information Commissioner’s Office pursuant to French law n°78-17 of 6th January 1978.
This data is used in order to process the order as well as to improve and personalise the services being offered by the seller.
The data is not intended to be passed on to third parties.
The buyer is informed that the seller wishes to install a cookie on their computer in order to record information relating to the buyer’s browsing on the website, as well as the information provided by the buyer through the online form, information which is then intended to be stored until the cookies are deleted by the buyer.
The installation of a cookie is designed to record this information so that it can be read during future visits by the buyer to the website and therefore save the buyer from filling in the form on each of these visits.
However, the buyer has the option to oppose the storage of cookies on their computer and must then proceed as follows:
– For Mozilla Firefox: Choose the ‘Tools’ menu then ‘Options’. Click on the ‘Privacy’ icon. Find the ‘Cookies’ menu and select the appropriate options.
– For Microsoft Internet Explorer 6.00 and above : choose the ‘Tools’ menu, then ‘Internet Options’. Click on the ‘Confidentiality’ tab and select the desired level of privacy using the cursor.
– For Microsoft Internet Explorer 5: choose the ‘Tools’ menu, then ‘Internet Options’. Click on the ‘Confidentiality’ tab. Customise the desired level of privacy using the cursor.
– For Netscape 6.X and 7. X: choose the ‘Edit’ menu – ‘Preferences’ then
choisir le menu “Edition” – “Préférences” Cookies Privacy and Security.
– For Opéra 6.0 and beyond : choose the ‘File’ menu, then ‘Preferences’, then ‘Privacy’.
The buyer has the right on legitimate grounds to oppose personal data about them being processed.
They have the right, without cost, to be against data about them being used for prospecting, particularly of a commercial nature, by the seller or the person responsible for processing the data at a later date.
The buyer, if able to prove their identity, has the right to question the seller with a view to obtaining confirmation that personal data about them is or is not being processed, as well as seek information relating to the purposes for the data being processed, the types of personal data processed and the recipients or types of recipient to whom the data is given, and where appropriate, information relating to the planned transfers of personal data to States which are not members of the European Community, the communication, in an intelligible form, of personal data about them as well as any information available regarding the origins of this data, information permitting them to know and challenge the reasons underpinning the automated processing of data in the event of a decision taken on this basis which produces legal consequences to the party concerned.
The buyer is informed that a copy of the personal data can be issued to them upon request.
If they are able to prove their identity, the buyer also has the right to demand the seller that personal data about them be rectified, completed, updated, locked or deleted should it be inaccurate, incomplete, vague, out-of-date or for which the collection, use, communication or storage is prohibited.
In order to exercise this right, the buyer will send an email to the seller in their capacity as the person responsible for handling data at the following address: email@example.com.
When the buyer makes such a request, the seller has to be able to justify that he has indeed taken the necessary action as requested without costs for the buyer.
The buyer is informed that in the event of a dispute, the burden of proof is incumbent on the seller, except when it is established that the data being disputed was given by the buyer or with their agreement.
They are also informed that when they obtain a modification to the data stored, the buyer is entitled to obtain the refund of costs relating to the cost of the aforementioned reproduction.
Il est également informé que, lorsqu’il obtient une modification de l’enregistrement, l’Acheteur est en droit d’obtenir le remboursement des frais correspondant au coût de la copie précitée.
ARTICLE 12 – AGREEMENT ON PROOF
It is expressly agreed that the parties can communicate between them by email in order to meet the requirements of the Conditions, provided that technical security measures intended to ensure the confidentiality of information exchanged are implemented.
The two parties agree that emails exchanged between them validly prove the content of their exchanges and, where appropriate, their agreements, particularly with respect to the sending and acceptance of orders.
ARTICLE 13 – PARTIAL INVALIDITY
If one or more of the stipulations in the Conditions is judged to be unlawful or void, this invalidity would not lead to the invalidity of the other provisions of these Conditions, except if these provisions were unable to be separated from the invalid provision.
ARTICLE 14 – APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 15 – JURISDICTION OF DISPUTES
The parties agree that, in the event of a dispute arising regarding the execution or interpretation of the conditions, they will endeavour to find an amicable solution.
Should this attempt to find an amicable solution to the dispute fail, this will be brought before the courts which have jurisdiction.