General Terms and Conditions of Sale
These General Terms and Conditions are agreed between the Company GAIATREND SARL, a private limited company, with a registered capital of 240,000 euros, whose Head Office is located at 10 route de Strasbourg, 57410 Rohrbach Les Bitche, France, incorporated in the Trade and Company Register of Sarreguemines under number 504.762.022.00011, hereinafter referred to as "GAIATREND" and any private individual or legal entity wishing to make a purchase on the website www.alfaliquid.fr (owned by GAIATREND), hereinafter referred to as the “Purchaser”.
The purpose of these General Terms and Conditions is to lay down a frame for the contractual relations between GAIATREND and the Purchaser. They are applicable to any and all purchases made via the retail website www.alfaliquid.fr, whether the Purchaser is a professional or a private individual.GAIATREND reserves the right to modify the General Terms and Conditions herein at any time. In this event, the Terms and Conditions applicable shall be those in force on the date of the Purchaser’s order.
2. Characteristics of the articles proposed
The articles proposed are those which appear on GAIATREND’s retail website. The photographs in the catalogue are as faithful to reality as possible, but a perfect similitude with the product sold cannot be guaranteed, in particular with regard to colouring.
The prices on the website are quoted in euros inclusive of VAT at the rate applicable on the date of the order. Any change in VAT may affect the selling price of the products. GAIATREND reserves the right to change its prices at any time, it being specified however, that the price quoted on the site on the day the order is placed shall be the price payable by the Purchaser. The prices quoted do not include the cost of shipment and delivery.
All Purchasers wishing to purchase a product must: fill in the personal data sheet with all the contact details requested or give their customer number if they have one;
- – fill out the on-line order form stating all the product references selected;
- – validate the order after checking it through;
- – make the payment under the terms provided;
- – confirm the order and payment.
Confirmation of the order implies full knowledge and acceptance of the General Terms and Conditions and the waiving of the Purchaser’s own terms and conditions of purchase or any other conditions.
The data provided and the registered confirmation stand as proof of the transaction. Confirmation implies signature and acceptance of the transactions carried out.
The Seller shall send confirmation of the registered order by email.
Purchasers who are non-professional private individuals benefit from a withdrawal deadline of 7 days from the date their order is delivered in order to return the article to the Seller for an exchange or reimbursement free of charge, excepting the cost of returning the article. Only complete articles returned in their full, intact, original packaging and in perfect condition for resale shall be accepted. Any damaged article or article where the original packaging has been damaged shall not be accepted or reimbursed.
6. Terms of payment
The price is payable at the time of the order.
LPayments may be made in 4 different ways: debit/credit card, PayPal, bank transfer or postal cheque. Orders are only processed after payment is confirmed. Payments by PayPal or debit/credit card are instantaneous. Payments by debit/credit card are conducted via the secured CM-CIC p@iement system with the SSL (Secure Socket Layer) data encryption protocol. Payments made by postal cheque or bank transfer require additional processing and are not instantaneous. A hardcopy invoice with VAT details can be sent to the Purchaser on request.
Deliveries are made to the address indicated by the Purchaser on the order form.
The Purchaser is liable for all risks from the moment the articles leave GAIATREND’s premises. If any damage occurs during shipment, it is very important to declare the incident on the delivery note before signing it when the package is delivered by a carrier (SoColissimo, Colissimo international, Chronopost). The Purchaser must then send a reasoned claim to the carrier within three days of the package being delivered. The letter of claim must be sent by recorded delivery mail with acknowledgement of receipt. If no declaration is made upon receiving the package, no exchange can be made at a later date for any article damaged during shipment. For any damage stated with another mode of delivery (Lettre Max, Paquet international, Postexport Europe, Postexport Monde), please address a letter together with photos in support of your claim by email to email@example.com. Claims shall be examined on a case-by-case basis. Delivery deadlines are given for information only. If the delivery date exceeds thirty days from the date the order is registered, the sales contract shall be cancelled and the Purchaser reimbursed.
All articles supplied by the Seller benefit from the legal guarantee provided for in Article 1641 et seq. of the French Civil Code. The guarantee covers electronic systems and electric accessories for a period of one year, and batteries for a period of three months. All consumables such as nicotine sprays and aroma cartridges are excluded from the guarantee. All products modified or repaired by the customer or by any third party not selected by GAIATREND as a service-provider are also excluded from the guarantee.
Throughout the on-line selling process, the Seller is only bound by a duty to take reasonable care. Its liability cannot be incurred for any prejudice resulting from using the Internet, such as data loss, intrusion, virus, breakdown of service, or any other problem beyond its control. GAIATREND cannot be held liable for any material or intangible damage or physical harm which may result from any malfunction or misuse of the articles sold, or for any modifications made to the articles. In all cases, GAIATREND’s liability shall be limited to the amount of the order and cannot be incurred for simple errors or omissions which may occur despite all precautions taken in the presentation of the articles.
10. Delivery errors
Any delivery error or non-conformance must be notified at the latest on the first working day after delivery. Beyond this time, all claims shall be rejected. Claims must be made by email (firstname.lastname@example.org) or by phone (+33 (0)3.87.02.26.16).
11. Intellectual property
All items on the website www.alfaliquid.fr are and remain the exclusive intellectual property of GAIATREND. No-one is authorised to reproduce, use, broadcast or utilise, even partially, software, visual or sound items from the website for any reason whatsoever. Any simple or hypertext link is strictly forbidden without GAIATREND‘s express written agreement.
12. Personal data
ursuant to the French Act on data processing, data files and liberties of 6 January 1978, all named data relating to Purchasers may be subject to automated processing. Purchasers have the right to access and rectify their personal data pursuant to the Act of 6 January 1978. Furthermore, GAIATREND undertakes not to communicate its customers’ details to any third party either free of charge or against payment. The automated processing of data, including user email address management, was declared with the French data protection service, CNIL, on 19 March 2009 and registered under number 1352726 v0
13. Archiving – Proof
GAIATREND shall archive all orders and invoices on a reliable, long-lasting medium thereby constituting the true copy required under the provisions of Article 1348 of the French Civil Code. GAIATREND’s computerised registers shall be considered by all parties as proof of any communication, orders, payments and transactions between the parties.
14. Settlement of disputes
These Terms and Conditions of Sale On-line come under French law.
Any order placed via the retail website implies the client’s adherence to GAIATREND’s General Terms and Conditions of Sale without any restriction. In the event of a dispute or claim, the consumer shall first contact GAIATREND with the aim of coming to a friendly settlement. In the case of a sale to a legal entity, any dispute relating to said sale shall come under French law and be brought before the French Commercial Court of METZ.