General terms and conditions of sale and delivery

Effective date: 04/22/2024

ALMÉ is a société par actions simplifiée (simplified joint-stock company) registered in the Nîmes Trade and Companies Register under no. 820
197 671, with its registered office at 43 rue de la République, 30400 Villeneuve-Lès-Avignon
("ALMÉ").

ALMÉ can be contacted at the following address, in particular for any complaint:

- e-mail address: [email protected],
- telephone number: 07 67 46 39 63.

The present general conditions of sale apply without restriction or reserve to all online sales offered by ALMÉ on the website https://www.almeparis.com/ (the " Site ").

The Site is an e-commerce platform that enables Internet users (the " Buyers ") to purchase "ready-to-wear" products, in particular clothing, leather goods and accessories (the " Products ").

The purpose of these terms and conditions is to define the terms and conditions for the online sale and delivery of Products, and to define the rights and obligations of the parties in this context.

They can be accessed and printed at any time via a direct link at the bottom of the Site page.

The applicable version of the general terms and conditions is the one available online on the Site at the date of the Buyer's order, a copy of which is sent to the Buyer with the order confirmation.

These general terms and conditions of sale take precedence over any other general or special terms and conditions not expressly approved by ALME.

They may be supplemented, where applicable, by conditions specific to certain Products or services offered on the Site, which supplement these general conditions and, in the event of contradiction, take precedence over them.

Acceptance of these terms and conditions by the Buyer is evidenced by a checkbox on the order form. This acceptance must be full and complete. Any conditional acceptance is considered null and void.  

A Buyer who does not agree to be bound by these terms and conditions should not place an order on the Site.

(i) The Buyer is a natural person with full legal capacity, or failing that the Buyer is at least 15 years old or is between 13 and 15 years old and has obtained the agreement of his/her legal representative, and he/she undertakes to provide ALMÉ with the email address of his/her representative so that ALMÉ can contact him/her.

(ii) The Buyer is a consumer, defined as any natural person acting for purposes that do not fall within the scope of his or her professional activity.

Prior to any online order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he/she wishes to order.

The Products are offered for sale online while stocks last, or subject to the possibility of ordering them, as the case may be.

The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only commit ALMÉ for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products, and in particular their color, may not correspond exactly to the photographs presented on the Site, due to technical constraints.

5.1 : Any Buyer may place an order for one or more Products, under the conditions set out in the "Ordering" section, without first registering on the Site. In this case, he/she will not be able to access the history and tracking of his/her orders through the Site.

5.2 : The Buyer may create an account on the Site:

- or by filling in the appropriate form on the Site,

- or by using his login details for a third-party site indicated on the Site; In this case, he must provide ALMÉ with the additional information requested. The Buyer expressly authorizes ALMÉ to access his account data on the third-party site concerned.

In all cases, the Buyer must provide all the information marked as compulsory. Incomplete registrations will not be validated.

Registration automatically leads to the opening of an account in the Buyer's name (the "Account"), which enables him/her to manage his/her purchases in a form and using the technical means that ALMÉ deems most appropriate.

The Buyer warrants that all information provided by the Buyer in the registration form or via the third-party sites referred to above is accurate, up-to-date and
truthful and not misleading.

He/she undertakes to update this information in his/her Account in the event of modifications (in particular: change of postal address), so that it always corresponds to the aforementioned criteria.

The Buyer is informed and accepts that the information entered for the purposes of creating or updating his/her Account is proof of his/her identity. The information entered by the Buyer is binding as soon as it has been validated.

5.3 The Buyer may access his Account at any time by entering his login and password.

The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he assumes full responsibility.

The Buyer is likewise responsible for maintaining the confidentiality of his/her login and password, any access to the Site using the latter being deemed to have been made by
. The latter must immediately contact ALMÉ using the contact details mentioned in the "Seller identification" article of these terms and conditions if he notices that his Account has been
used without his knowledge. The Buyer acknowledges ALMÉ's right to take all appropriate measures in such a case.

6.1 Placing an order

6.1.1 When creating an Account

To place an order, the Buyer must select the Product of his/her choice in order to place it in his/her shopping cart.

The customer can access the basket summary at any time until the order has been definitively validated, and can correct any errors in the information entered.

The order is deemed to have been received by ALMÉ when it has access to it.

6.1.2 If no Account is created

As part of the order process, the Purchaser is asked to provide his or her contact details for delivery and billing purposes. All fields marked as mandatory must be filled in. Orders that do not include all the required information cannot be validated.

The Purchaser guarantees that all information provided in the order form is accurate, up-to-date and sincere, and is not
misleading. He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.

6.1.3 Pre-orders

The Buyer may also pre-order Products.

The sums paid for the pre-order are paid in advance by the Buyer.

The Buyer acknowledges and accepts that ALMÉ provides no guarantee as to the effective delivery of the Product ordered. If ALMÉ is unable to deliver
, it will inform the Buyer as soon as possible and reimburse the Buyer for the full amount of his/her order.

6.2 Order confirmation

Once the order has been placed, the Buyer receives an email confirming the order, which: summarizes the elements of the order and the expected delivery date for each Product.

The Buyer must ensure that the contact details entered in his/her Account or communicated at the time of his/her order are correct and that they enable him/her to receive
the order confirmation email. Should the Buyer fail to receive the confirmation email, he/she must contact ALMÉ using the contact details mentioned in the article "Identification of the seller". ALMÉ recommends that the Buyer keep the information contained in the order confirmation.

The order confirmation is deemed to have been received by the Buyer when it can be accessed.

7.1 Prices

The sale prices of the Products are displayed on the Site.

They are shown in euros.

ALMÉ reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.

Prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the order is validated by the Buyer.

The applicable price is that displayed on the Site at the time the Purchaser's
order is registered.

7.2 Terms of payment

The full price of the Products is payable at the time of order.

Payment of the price is made online, by credit card or by any other means proposed on the Site at the time of the order.

The Buyer guarantees ALMÉ that he/she has the necessary authorizations to use the selected method of payment.

ALMÉ reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a
payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

Penalties of an amount equal to the French legal interest rate will be applied automatically to unpaid amounts 15 days after the first presentation of a formal notice by
registered letter with acknowledgement of receipt which has remained without effect.

7.3 Billing

Purchase invoices will be sent to the Buyer by any useful means or the Buyer may
access the invoice corresponding to his order in his Account.

7.4 Reservation of title

ALMÉ retains full and complete ownership of the Products sold until full payment has been received, including delivery charges where applicable.

8.1 Delivery territory

The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.

Delivery of Products ordered on the Site is made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), which, unless specifically agreed otherwise between the parties, can only be located in one of the countries referred to in the aforementioned article. 8.2 Delivery methods Different delivery methods may be possible, depending on the categories of Products and their weight.

Before validating his/her order, the Purchaser is informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each
of these methods.

The Buyer must select the desired delivery method and provide all the information required for effective delivery of the Product by this method.

8.3 Delivery times

Delivery is made within the time indicated in the order confirmation email.

In the event of failure to deliver within the aforementioned period, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined ALMÉ, under the same terms, to make delivery within a reasonable additional period, it has not complied within this period.

The contract shall be deemed to have been terminated upon receipt by ALMÉ of the letter or writing informing it of such termination, unless it has performed in the meantime.

In the event of termination of the contract as described above, the Buyer will be reimbursed for all sums paid, including delivery costs, at the latest within
14 days of the date on which the contract was terminated.

In any event, ALMÉ reserves the right to contact the Purchaser in order to propose alternative solutions for reimbursing the price of the Products and the delivery costs
. The Buyer must explicitly and on a durable medium express his/her acceptance of the choice of an alternative method of reimbursement.

The Buyer may return Products under the conditions described on the Site on the day of the order.

The Buyer has a right of withdrawal.

The Buyer has a period of 14 days, from the date of receipt of the Products ordered, to withdraw from the contract without having to justify his decision or pay any penalties. In the case of
orders for several Products delivered separately, the aforementioned period runs from receipt of the last Product.

The Buyer may exercise this right free of charge by filling in or sending to ALMÉ before the end of the deadline, to the contact details mentioned in the article "Identification of the Seller":
- the returns form accessible on the Site,
- or any other unambiguous statement expressing the Buyer's wish to withdraw.

The Products must be returned to ALMÉ in their original packaging and with the labels, without undue delay and at the latest within 14 calendar days following the
communication by the Purchaser of his/her wish to withdraw. The Buyer must affix the prepaid return label containing the order number to the package. The Buyer is deemed
responsible in the event of deterioration of the Products when they are returned to ALMÉ.

ALMÉ will carry out a quality control of the Products. If the inspection reveals that the Products have not been damaged, the Buyer will be reimbursed as soon as possible and at the latest within 14 days from the date of effective receipt by ALMÉ of the retraction request for all sums paid for the order. ALMÉ reserves the right, however, to defer this reimbursement until the effective recovery of the Products.

The Buyer benefits from the legal warranties for non-conformity and for hidden defects in the item sold, including defects in conformity resulting from the packaging of Products ordered on the Site.

If the Buyer notes that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform ALMÉ at the address mentioned in article
"Identification of the seller", indicating the nature of the defect, non-conformity or damage noted and sending any useful proof, particularly in the form of
photograph(s).

ALMÉ will organize the return with the carrier of its choice, and will inform the Purchaser by any useful means. ALMÉ will bear the cost of this return.

ALMÉ will carry out the necessary checks and offer the Buyer a replacement Product if possible. If the replacement of the Product is impossible, ALMÉ
will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which ALMÉ informed the Buyer of the impossibility of replacing the Product.

Products must be returned to ALMÉ in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the above conditions will not be accepted.

Consumers are reminded that, when acting under the legal warranty of conformity, all :

- has a period of 2 years from the date of delivery to take action;
- may choose between repair or replacement;
- is exempted from having to prove the existence of a lack of conformity of the good
during the 24 months following delivery.

It should also be noted that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.

Any consumer may also decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, they
may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

All products offered for sale on the www.almeparis.com website benefit from the legal guarantee against hidden defects provided for in articles 1641 and following, and article 1648 of the Civil Code. ALME undertakes to reimburse the customer or to exchange any apparently defective, spoiled or damaged product within 6 months following the date of receipt or withdrawal of the order by the customer.

In the event of an obvious error attributable to ALME, and in particular in the event of non-conformity of the products received with the products ordered (error in size, color, etc.), the customer must contact Customer Service, which will issue a prepaid label for the return (or exchange) of the non-conforming product received.

ALME reserves the right to refuse any request for reimbursement that is manifestly abusive or submitted outside the prescribed time limits.

Purchasers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.

In addition, they must take the necessary steps to safeguard by their own means the information in their Account that they deem necessary, no copy of which will be supplied to them.

Finally, it is the responsibility of Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

14.1 ALMÉ undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, ALMÉ reserves the right to temporarily interrupt access to the Site for maintenance purposes. Likewise, ALMÉ cannot be held responsible for temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunication networks.

14.2 ALMÉ cannot be held responsible for non-performance or delay in performance of sales contracts due to circumstances beyond its control or to force majeure, as defined in article 1218 of the French Civil Code.

14.3 In any event, the liability that may be incurred by ALMÉ hereunder is expressly limited to proven direct damages suffered by Buyers. 

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by ALMÉ within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the authorization of ALMÉ is strictly forbidden and may result in legal proceedings.
 

ALMÉ undertakes to comply with all the legal and regulatory obligations incumbent on it in terms of personal data protection, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016.

To learn more about the management of his personal data and his rights, the Buyer is invited to read ALMÉ's privacy policy, accessible here.  

17.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into ALMÉ's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any acts likely to prejudice the financial, commercial or moral rights and interests of ALMÉ or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed, and more generally (viii) any breach of the present general conditions or of the laws and regulations in force.

17.2 Likewise, it is strictly forbidden to monetize, sell or grant access to all or part of the Site or the information it contains.

17.3 Any commercial use of the Products by the Purchasers is prohibited, and in particular any resale or distribution for consideration.

17.4 In the event of failure to comply with any of the provisions of the present article or, more generally, of infringements of laws and regulations, ALMÉ reserves the right to take all appropriate measures and to initiate any legal action.

If the Buyer has created an Account, he/she may unsubscribe from the Site at any time, by sending a request to this effect to ALMÉ by e-mail, using the contact details mentioned in the article "Seller identification".

Unsubscription takes effect within a maximum of 3 days of this request. It leads to the automatic deletion of the Buyer's Account.

ALMÉ reserves the right to modify these terms and conditions of sale at any time.

In this case, the applicable conditions will be those in force on the date of the Buyer's order.

In accordance with Law No. 2014-344 of March 17, 2014, the Buyer is informed that, as a consumer within the meaning of the Consumer Code, he/she has the option of registering free of charge on the BLOCTEL telephone canvassing opposition list(www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom he/she has no current contractual relationship.  

The Buyer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with ALMÉ concerning the execution of the present contract, under the conditions set out in articles L611-1 et seq. of the French Consumer Code.

To this end, he or she may contact the following consumer mediator: Center de médiation de la consommation de conciliateurs de justice (CM2C)

Postal address: 14 rue Saint Jean 75017 Paris
Telephone: 01 89 47 00 14
https://www.cm2c.net

Promotional codes are issued for promotional and commercial purposes. They may be offered to our customers as part of marketing campaigns, special promotions or other similar initiatives.

Each promotional code is unique and can only be used once per order, unless explicitly stated otherwise.

Promotional codes may offer various benefits such as discounts on product prices, free shipping, or other similar advantages. The specific details of each promotional code, including their value and conditions of use, will be specified when they are issued.