Between the Society SAS ALLAPIS,
SAS ALLAPIS,
to the Social Capital of 10.000€
simplified share company has been active since march 2023.
Located in SAINT-PRIEST-EN-JAREZ (42270), it is specialized in the field of remote sales activity on specialized catalogues. under the number SIRET95092780600014
represented by UGUR ALADAG
as manager, duly authorized for the purposes of the present.
The company can be sent by email by clicking on the contact form accessible via the homepage of the site. Or directly using the mailing address: 6 LEO RUE LAGRANGE 42270 SAINT-PRIEST-EN-JAREZ
The "Solder" or the "Social". On the one hand, And the natural or legal person engaged in the purchase of products or services of the company, Hereafter, “the Buyer”, or “the Customer” On the other hand, He was exposed and agreed on the following:
PREAMBULE
The Seller is the publisher of Products and Services of Other Retail Businesses on Event and Markets (4789Z) for consumers, marketed through its websites (www.toutapis.fr). The list and description of the goods and services proposed by the Corporation are available on the above-mentioned sites.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties as part of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (CGV) govern the sales of Products or Services, carried out through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. It is fully enforceable to the Buyer who accepted them before placing an order. The Seller reserves the option to modify the present at any time by publishing a new version on its website. The applicable GTCs are those in effect on the date of payment (or the first payment in case of multiple payments) of the order. These CGVs are available on the Company’s website at the following address:www.toutapis.fr.
The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he has taken note of all these General Terms and Conditions of Sale, and, where applicable, of the Special Conditions of Sale related to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that it has benefited from the necessary advice and information to ensure the adequacy of the offer to its needs.
The Customer declares to be able to legally contract under French laws or validly represent the natural or legal person for which he undertakes.
Unless otherwise demonstrated by the Company’s recorded information is evidence of all transactions.
Article 3: Price
The prices of products sold through websites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and amounts are not within the purview of the Seller. They will be in charge of the buyer and are responsible for it (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the relevant local authorities. The Corporation reserves the opportunity to change its prices at any time for the future. The telecommunications costs required to access the Company’s websites are borne by the Customer. Where applicable, shipping costs.
Article 4: Conclusion of the online contract
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer shall follow a series of steps to conclude the contract electronically in order to carry out its order:; Information on the essential characteristics of the Product; – Selection of the Product, if any, of its options – Indication of the Customer's essential contact details (identification, email, address...); – Acceptance of these General Terms of Sale – Verification of the elements of the order (double click form) and, if applicable, correction of errors. Before making its confirmation, the Buyer has the option to check the details of its order, its price, and to correct its possible error, or cancel its order. Confirmation of the order will take the form of this contract. – Then followed by instructions for payment, payment of products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these Terms and Conditions. During the order process, the client will have the opportunity to identify possible errors in data entry and correct them. The language proposed for the conclusion of the contract is the French language. The terms of the offer and general terms of sale are sent by email to the buyer during the order and archived on the Vendor’s website. Where applicable, the professional and commercial rules to which the offeror intends to submit are available in the “additional rules” section of these GTCs, which are available on the Vendor’s website at the following address: www.toutapis.fr The archiving of communications, order, details of the order, as well as invoices, is carried out on a reliable and durable medium in order to constitute a faithful and lasting copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract. For the products delivered, the delivery will be made at the address indicated by the Customer. For the purpose of carrying out the order, the Customer undertakes to provide its true identification elements. The Seller reserves the option to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites, as well as, where applicable, the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or by any other appropriate process, of the particular prices and conditions of the sale and execution of the services before any conclusion of the sale contract. In any case, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in effect indicated on the day of the order, it does not include by the shipping charges charged in addition. These possible costs are indicated to the Buyer during the sale process, and in any event at the time of the order confirmation. The Seller reserves the option to modify its prices at any time, while guaranteeing the application of the price indicated at the time of order. Where products or services are not executed immediately, clear information is provided on the product's presentation page on the delivery dates of products or services. The customer certifies that he has received a detail of the shipping costs and the terms and conditions of payment, delivery and execution of the contract, as well as a detailed information on the identity of the seller, its postal, telephone and electronic contact information, and its activities in the context of this sale. The Seller undertakes to honour the Customer’s order within the limits of the stock of Products available only. If not, the Seller shall inform the Customer; if the order has been placed, and failing to agree with the Customer on a new delivery date, the Seller reimburses the customer. Contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale do not have a contractual value. The duration of the offer of the Products and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except as special conditions, the rights granted under these Terms are to the physical person signatory to the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCs meet the existing requirements for the safety and health of persons, the loyalty of commercial transactions and the protection of consumers. Regardless of any commercial warranty, the Seller remains held in compliance defects and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers a property in accordance with the contract and responds to existing compliance defects during delivery. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.
In accordance with the legal provisions concerning compliance and hidden defects (art. 1641 c. civ.), the Seller shall refund or exchange defective products or not corresponding to the order. The refund can be requested in the following way: filing a complaint at 6 LEO RUE LAGRANGE 42270 SAINT-PRIEST-EN-JAREZ
Article 7: Property Reserve Clause
The products remain the property of the Company until the full payment of the price.
Article 8: Method of delivery
The products will be delivered to the delivery address provided by the Purchaser within a maximum of five (5) working days from the order’s validation. This period does not take into account the preparation time of the order for two (2) working days. Delivery will be provided by the DPD Predict transport provider. However, ALADAG reserves the right to change providers for whatever reason. When the Customer orders several products at the same time they may have different delivery times forwarded according to the following terms: delivery via one or more packages. In the event of a delay in sending a complaint to 6 LEO RUE LAGRANGE 42270 SAINT-PRIEST-EN-JAREZ. In the event of delay in delivery, the Customer has the option to resolve the contract under the terms and conditions set out in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the costs “go” under the terms of Article L 138-3 of the Consumer Code. The Seller makes available a telephone contact point (cost of a local communication from a fixed station) indicated in the order confirmation email to ensure that the order is monitored. The Seller recalls that at the time the Customer physically possesses the products, the risks of loss or damage to the products are transferred to him. It is up to the Customer to notify the carrier of any reservations to the product delivered.
Article 9: Availability and presentation
In the event of an unavailability of an item for a period exceeding 30 working days, you will immediately be notified of the expected delivery times and the order of this item may be cancelled on request. The Customer may then request an asset for the amount of the item or its full refund and the cancellation of the order.
Article 10: Payment
Payment is payable immediately to the order, including for pre-order products. The Customer can make the payment by payment card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Online secure payment by bank card is made by our payment provider. The information transmitted is encrypted in the rules of art and cannot be read during transport on the network. Once the payment is launched by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating bank information during the sale, the Customer authorizes the Seller to debit his card from the amount relative to the price indicated. The Customer confirms that he is the legal holder of the debit card and that he is legally entitled to make use of it. In the event of an error or impossibility to debit the card, the Sales is immediately resolute in full right and the order cancelled.
Article 11: Time of withdrawal
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving cause, within 14 days of the date of receipt of the order. The right of withdrawal may be exercised by contacting the Corporation in the following manner: filing a complaint at the address 6 LEO RUE LAGRANGE 42270 SAINT-PRIEST-EN-JAREZ. We inform the Customers that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any article of which a process of manufacture or delivery is underway. In the event of the exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining to the Customer’s expense. The returns of the products are to be made in their original and complete condition (packaging, accessories, instructions...); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you can request the standard withdrawal form to contact us at the following address: filing a complaint at the address 6 LEO RUE LAGRANGE 42270 SAINT-PRIEST-EN-JAREZ. Reimbursement procedure: the reimbursement procedure may be performed after an investigation into the product(s) purchased, more details filing a complaint at the address 6 LEO LAGRANGE LAGRANGE 42270 SAINT-PRIEST-EN-JAREZ
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: compliance and the hidden defects of the products. The Seller reimburses the buyer or exchanges products apparently defective or not corresponding to the order made. The claim must be made in the following manner: filing a claim with the LEO RUE LAGRANGE 42270 SAINT-PRIEST-EN-JAREZ address. The Seller recalls that the consumer: – has a period of 2 years from the issuance of the property to act with the Seller – that it may choose between the replacement and the repair of the property subject to the conditions provided for in the above-mentioned apparently defective or corresponding provisions – that it is exempt from providing proof of the lack of conformity of the property for the six months following the issuance of the property. – that, except for used goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also claim the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the selling price (dispositions of articles 1644 of the Civil Code).
Article 13: Claims and mediation
Where applicable, the Buyer may submit any claim by contacting the company using the following contact details 6 LEO RUE LAGRANGE 42270 SAINT-PRIEST-EN-JAREZ. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may use a consumer mediator under the conditions set out in Book VI title I of the Consumer Code. In the event of a failure of the claim request from the Vendor’s customer service, or in the absence of a response within two months, the consumer may submit the claim to a mediator who will independently attempt to bring the parties closer together in order to obtain a friendly solution.
Article 14: Contract resolution
The order may be resolved by the purchaser by registered letter with a request for notice of receipt in the following cases: - delivery of a product not in accordance with the characteristics of the order; delivery exceeding the deadline set at the time of the order or, if no date is reached, within thirty days of the payment; increase in unjustified price or change of product. In these cases, the purchaser may require the refund of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights
Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is carried out through these VGCs. Any total or partial reproduction, modification or use of such property for any reason is strictly prohibited.
Article 16: Force majeure
The performance of the seller’s obligations at the end of the present is suspended in the event of a fortuitous or force majeure case that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of contract
If any of the stipulations of this contract were cancelled, this invalidity would not result in the invalidity of the other stipulations that will remain in force between the parties. Any contractual amendment is valid only after a written and signed agreement between the parties. Article 18: Protection of personal data Pursuant to Regulation 2016/679 of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Seller shall establish a personal data processing which shall, for the purpose of the sale and delivery of products and services defined in this contract. The Purchaser is informed of the following: – the identity and contact information of the controller and, if applicable, the representative of the controller: the Seller, as indicated at the top of these GTCs; – the contact information of the data protection officer concerned: .... – the legal basis of the processing: the contract execution – the recipients or the categories of recipients of the data The person concerned has the right to file a claim with a control authority – the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the control process.
Article 18: Applicable law and clauses
All the clauses contained in these General Terms and Conditions, as well as all the purchase and sale transactions referred to therein, shall be subject to French law. The invalidity of a contractual clause does not result in the invalidity of these general terms and conditions of sale.
Article 19: Consumer Information
For consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code: The seller is bound by the warranty because of the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price if he had known them. Article 1648 of the Civil Code: The action resulting from redhibitral defects must be brought by the purchaser within two years from the discovery of the vice. In the case provided for in article 1642-1, the action shall be brought, barely forfeited, in the year after the date on which the seller may be discharged from apparent defects or defects in conformity. Article L. 217-4 of the Consumer Code: The seller delivers a property in accordance with the contract and responds to existing compliance defects at issue. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility. Article L. 217-5 of the Consumer Code: The property is in accordance with the contract: 1° If it is specific to the usually expected use of a similar property and, where applicable: if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; – if it presents the qualities that a buyer can legitimately wait in relation to the public statements made by the seller, by the producer or by its representative, especially in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and accepted by the seller. Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the issuance of the property. Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee that was granted to him during the acquisition or repair of a furniture property, a remediation covered by the guarantee, any capital period of at least seven days shall be added to the duration of the remaining guarantee. This period runs from the request for intervention of the purchaser or the provision for repair of the property in question, if this provision is made available after the request for intervention.