General Terms and Conditions

PREAMBLE

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 : contact@alloremotecontrol.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: contact@alloremotecontrol.com. 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: contact@alloremotecontrol.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.