General Terms and Conditions
TERMS AND CONDITIONS
The “Alloremotecontrol” Seller is engaged in e-commerce and offers an online product sales service on the www.Alloremotecontrol.com website.
These general conditions (hereinafter referred to as the “Conditions”) are exclusively reserved for Consumer and Non-Professional Buyers.
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.alloremotecontrol.com on which the Seller offers the Products for sale
Seller: Company: Silver Stone Monaco, Commercial name: Alloremotecontrol.com, Legal form: SARL au capital de 15000€, Address: 1 Rue du Gabian – Le Thalès Bloc B – 8ème étage 98000 Monaco, Siren number: 000098318 Intracommunity VAT number: FR 86 00009831 8 Contact: assistance@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 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, other countries that are part of the European Union and the United Kingdom.
ARTICLE 4 – AVAILABILITY OF PRODUCTS AND PRICES
The offers presented by the Seller 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 “Product in stock” means that we have at least one unit of the product concerned in stock.
This information is given as an indication and may be subject to error, which will be corrected during a complete inventory of the stock.
The priority of treatment of orders is given first to payment by credit card and PayPal, then to check and bank transfer.
ARTICLE 5 – ORDER
The Buyer 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 Conditions prior to placing his Order and acknowledges that the validation of his Order implies 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, Alloremotecontrol 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 Seller 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 check: the Order shall be validated upon receipt of the check 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 check. 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
7.1 – Shipping Methods: The 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 Buyer. Upon delivery, if the Buyer is absent, the delivery person will leave a delivery notice which will be deposited directly in his mailbox.
Alloremotecontrol undertakes to prepare and deliver the Product(s) ordered by the Buyer within a maximum period of thirty days from the date of receipt by the Buyer of the Order confirmation.
The delivery times visible to the Buyer 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 Conditions.
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 the Seller is based in the Principality of Monaco, we are subject to the postal holidays respected in the country.
For the year 2022 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 Buyer 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 time announced by the service 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 service 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, Alloremotecontrol cannot be held responsible. A delay of 30 days from the filing of the complaint with the concerned service provider will be necessary before any decision can be made (i.e. refund, shipment 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 Alloremotecontrol’s head office.
The delivery being made by a third-party service provider, in the case of delivery delays, Alloremotecontrol cannot make a firm commitment on the delivery time. When a delay in delivery is noted, the Buyer may inform Alloremotecontrol, which undertakes to contact the service provider to check on the status of the order.
The delay of delivery of a package will not be compensated by Alloremotecontrol.
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 Buyer must be reactive and inform Alloremotecontrol as soon as the delivery is delayed by 24 hours, in order to allow time to build a claim file and submit it to CHRONOPOST. Beyond this delay, CHRONOPOST will not accept any type of claim and Alloremotecontrol cannot be held responsible for any delay or loss of the package.
Following a Buyer’s complaint, below you can find the type of actions usually undertaken by Alloremotecontrol, after receiving the return of the service provider:
- “Lost parcel”: new shipment to the Buyer, handled by Alloremotecontrol (except Followed Letter service).
- “Delivered parcel”: no support from Alloremotecontrol
- “Parcel being rerouted”, “Parcel being returned to sender”: Alloremotecontrol 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 Buyer 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 provide the reference number 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 Conditions.
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 honor 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 honor 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 Buyer at the time of his/her original Order. The amount indicated in the procedure is therefore the total balance of the costs due in order to proceed with the exchange.
E.g. : 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, 1 Rue du Gabian – Le Thalès Bloc B – 8ème étage 98000 Monaco, the order of the check is to be made out to Silver Stone Monaco.
ARTICLE 9 – PROCESSING OF POSTAL RETURNS
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’s after-sales service will be indicated in the e-mail.
In case of postal return for lack of address, the Buyer will be contacted to obtain a valid delivery address and will have to pay 7.49€ for the return costs if he/she wishes a return. If the Buyer does not wish the products to be returned and wants a refund, this will take place in accordance with the Conditions under the heading “Refund”.
The Buyer will be contacted by email as soon as his/her 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
Alloremotecontrol.com guarantees the defectiveness of the product in the terms and conditions defined below. Should the Buyer notice a defect in the product, he/she has 15 days from the date of purchase to return it to Alloremotecontrol. Any request for return under warranty must be accompanied by the form provided for this purpose.
If Alloremotecontrol’s after-sales service authorizes the return under warranty, the Buyer receives an authorization from the customer service and must obligatorily send at his own expense to Alloremotecontrol 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 to after-sales service 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 the Buyer.
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 Product.
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 Seller.
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 Buyer 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 personalize 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/she proves his/her identity, has the right to ask the Seller for confirmation that personal data concerning him/her 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 upon request.
The Buyer, if he/she proves his identity, also has the right to demand that the Seller rectifies, completes, updates, locks or erases any personal data concerning him/her 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: assistance@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 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 Conditions are found to be unlawful or invalid, such invalidity shall not invalidate the remaining provisions of the 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 endeavor 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.