Terms & Conditions for the website albertmenes.fr
available from 2017, the 21th of september
Updated on 2022, the 14th of september
We invite you to carefully read these general conditions of sale and use of the site, whose acceptance and compliance are necessary to your access and use of this website.
Please note that in application with article 14.1 on the applicable law, the present General Terms and Conditions of Sale are governed by French law "unless there are other international or national provisions that offer more protection for the Customer".
ARTICLE 1. LEGAL NOTICES
You are currently connected to the website albertmenes.fr, published by Albert Ménès, SA, share capital: € 2 057 238, RCS de Nanterre: 572 064 350, head office: 156 rue Saint Denis, 92700 Colombes, France, telephone: +33147155300, e-mail: contact(@)albertmenes.fr, intra-community VAT number: FR 95 572064350, Director of Publication and Editor-in-Chief: Thomas Dillon Corneck.
1.2. Hosting company
The Site is hosted by SERUM & CO web agency.
"Customer": any person, whether natural or legal, under private or public law, registered on the Site nd who orders on product or more online.
"Site Content": elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"AlbertMenes.fr": Albert Ménès SA, in its capacity as publisher of the Site.
"Internet user": any person, whether natural or legal, under private or public law, connecting to the Site.
"Product": property of any kind sold on the Site by AlbertMenes.fr and consisting essentially of delicatessen products.
"Site": a website accessible at the URL albertmenes.projet-client.com, as well as the sub-sites, mirror sites, portals and URL variations pertaining thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing on the Site implies the acceptance by any Internet user of these general conditions. Simple connection to the Site, by any means whatsoever, in particular by means of a robot or browser, will imply full and complete acceptance of these general conditions.
When registering on the Site, this acceptance will be confirmed by ticking the box corresponding to the following sentence: "I acknowledge having read and accepted the general conditions of sale and use". The Internet user also acknowledges that he or she has read them fully and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of AlbertMenes.fr's automatic registration systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular of those of the Internet user.
Acceptance of these general terms and conditions presupposes that Internet users have the necessary legal capacity to accept them, or failing this, that they have the authorisation of a guardian or an administrator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
The main characteristics of the Products are presented on the Site. Photographs and/or graphics used to present the Products have no contractual value and have the sole function of illustrating them and cannot engage the responsibility of AlbertMenes.fr.
The Customer is required to read these General Terms and Conditions before placing any order. The choice, purchase of a product is the sole responsibility of the Customer.
These General Conditions are systematically communicated to any Customer prior to the conclusion of the contract for the sale of products and will prevail, if necessary, over any other version or any other contradictory document.
ARTICLE 5. SITE ACCESS
In order to be able to access the site, the Customer and the Internet user must have the appropriate equipment, namely:
- A computer or;
- A smartphone;
- An internet connection;
- And possibly the necessary software.
Access to the site is free.
The costs of access and use of the telecommunications network, such as the costs related to the use of the remote communication technique, remain the responsibility of the Customer and the Internet user, according to the terms and conditions set by its access provider and telephone operator.
ARTICLE 6.ORDERING PROCESS
In order to place an order, Customers may select one or more Products and add them to their shopping cart. The availability of the Products is indicated on the Site, in the description sheet of each item and is in any case purely indicative. When their order is complete, they will be able to access their shopping cart by clicking on the button provided for this purpose.
6.2. Confirmation of the order by the Customer
Customers can view their basket to check the number and type of Products they have chosen, along with the price per unit and the total amount payable. They will have the option to remove one or more Products from their basket.
Customers can confirm their order once they are satisfied with their choices. They will then be presented with a form on which they can either enter their login details if they already have them, or register on the Website by completing the registration form with their personal information. Customers must create an account to place an order. Required fields are marked with an asterisk *.
For more information about how to create an account, Customers are invited to read articles 9 and the following articles of these General Terms and Conditions.
The Customer agrees to provide up-to-date and accurate information. Customers can make changes to the information they provide at any time by accessing their account.
It is the Customer's responsibility to ensure their order is accurate and to report or correct any errors immediately.
Orders will be registered on the Website once the Customer accepts the General Terms and Conditions of Sale and Use by checking the box provided, and then confirms their order. This confirmation implies acceptance of all the General Terms and Conditions.
The sale will only be deemed final once the Customer is sent an order confirmation by e-mail confirmation following payment, in accordance with the article 6.4. of these General Terms and Conditions. Customers should provide a valid e-mail address for this purpose.
The data saved on AlbertMenes.fr servers constitute proof of all transactions made with the Customer, in accordance with the provisions of Article 1366 of the Civil Code.
In accordance with Article L.213-1 of the Consumer Code, contracts for orders over 120 euros are kept by AlbertMenes.fr.
6.3. Payment by the Client
As soon as they are connected or once they have fully completed the registration form, Customers will be invited to check or amend their delivery and invoicing details,and then they will be invited to make their payment by being redirected for this purpose to the secure payment interface marked "order with payment obligation" or a formulation of that kind.
6.4. Confirmation of the order by AlbertMenes.fr
Once the payment has in fact been received by AlbertMenes.fr, the latter undertakes to acknowledge receipt of the payment to the Client electronically, within a maximum period of 24 hours. Within the same period, AlbertMenes.fr undertakes to send the Customer an e-mail summarising the order and confirming processing, including all the relevant information.
6.5. Unavailability of the Product
In the event of the unavailability of an ordered Product, AlbertMenes.fr will proceed, at the customer's choice, either to refund the Product or to replace it with a Product that is equivalent and/or of equivalent value.
ARTICLE 7. PRICES - PAYMENT
The applicable prices are those displayed on the Website on the date of the order. These prices may be subject to change by AlbertMenes.fr at any time. The prices shown are only valid on the date of the order and do not apply to any future date.
The prices stated on the Website are in euros, all taxes included, excluding delivery costs.
The Product prices do not take into account any discounts or promotions.
Discounts and/or promotions will appear on the order summary before the order is confirmed.
The prices do not include delivery costs, which will also appear separately in the order summary.
7.2. Method of payment
Customers can pay by credit card or Paypal. Credit card payments are made through secure transactions provided by Stripe.
Payment by credit card is non-refundable except in the case of any fraudulent use of the Customer's card. In this case, Customers should contact their bank to request a payment cancellation.
In the case of payment by credit card, AlbertMenes.fr has no access to any data relating to Customer payment methods. Payments are made directly to the Customer's bank.
AlbertMenes.fr will send or make available to the Customer an invoice by electronic means after each payment. The Customer expressly agrees to receive invoices electronically.
7.4. Retention of ownership
The Products sold remain the property of AlbertMenes.fr until full payment of their price, in accordance with this retention of ownership clause.
ARTICLE 8. COMPLAINT - WITHDRAWAL - GUARANTEE
8.1. Customer service
The Site's customer service is available from Monday to Friday from 2:00pm to 4:00pm on the following non-surcharged telephone number: 09 80 80 52 05, by e-mail to: sav(@)albertmenes.fr or by post to the address indicated in article 1 of these general conditions. In the latter two cases, AlbertMenes.fr undertakes to provide a response within 5 working days.
8.2. Right of withdrawal – Distance selling
8.2.1 Conditions for exercising the right of withdrawal
In accordance with the legislation in force on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where applicable, of the return costs.
The time limit referred to in the previous paragraph shall run from the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a material medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the supply of goods.
In the case of an order for several goods delivered separately or in the case of an order for goods consisting of multiple lots or parts delivered over a defined period, the time limit shall run from receipt of the last good or lot or part. In the case of contracts providing for the regular delivery of goods for a specified period, the period shall run from the date of receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day.
The decision to withdraw must be notified to AlbertMenes.fr at the address indicated in article 1 of these general conditions by means of an unambiguous declaration. The Customer has, for example, the possibility to use the standard form provided at the end of these general terms and conditions. In any event, AlbertMenes.fr will e-mail the Customer an acknowledgement of receipt of the said withdrawal as soon as possible.
8.2.2 Effects of the right of withdrawal
The Client shall return or return the products to the trader or any person designated by him without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw.
When the right of withdrawal is exercised, the trader is required to reimburse the Client for all sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. If necessary, the trader may defer reimbursement until the Products are recovered or until the Customer has provided proof of shipment of the Products, at the earlier of the two events. Beyond that, the amount due shall, as of right, bear interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the trader will perform the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer has given his or her express consent to use another means of payment and provided that the refund does not entail any costs for the Customer. However, the trader is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the proposed standard delivery method.
The direct costs of returning the Product are the responsibility of the Customer. The Customer is liable only for depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
8.2.3 Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
-to supply goods that are made according to the Customer's specifications or that are clearly personalised;
-to supply goods that are likely to deteriorate or expire quickly;
-to supply goods that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection;
-to supply goods that, once delivered and by their nature, are inextricably mixed with other items;
-to supply alcoholic beverages whose delivery is deferred beyond 30 days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the trader.
The Customer will be informed whether or not the cooling-off period is applicable after they attempt to exercise this option.
8.3. Rescission of the contract at the Customer’s initiative
The Customer acting as Consumer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods exceeds seven days. The Customer will then be reimbursed for the sums incurred by him or her during the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against AlbertMenes.fr and waives the right to terminate the sale provided for in this article, except in the case of force majeure.
The products sold on the Website comply with the applicable regulations.
The Products supplied by AlbertMenes.fr have the following guarantees, as of right and without any additional payment, independently of the cooling-off period and in accordance with the law:
- Legal guarantee of conformity for products that are visibly defective, spoiled or damaged products, or which do not match the order,
- Legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.
It is the Customer's responsibility to check the good condition of the Products at the time of delivery.
This check must include in particular the quality, quantities and references of the Products as well as their conformity with the order.
In any case, no complaint concerning the delivered packages will be taken into account unless the Customer acting as Trader has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the French Commercial Code.
Customers have a legal guarantee of delivery in conformity (article 1604 of the French Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) and a security guarantee (articles 1245 et seq. of the French Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. French Consumer Code).
Please note that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act against the seller. The Customer may choose between repair or replacement of the product ordered, subject to the cost conditions provided by Article L 217-9 of the Consumer Code. The Customer is exempt from proving the existence of the lack of conformity of the product during the twenty-four months following delivery of the product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the product. The Customer may decide to implement the guarantee against hidden product defects in accordance with Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to implement the guarantee, it is the Customer's responsibility to return the product to the address of AlbertMenes.fr's head office, accompanied by an explanatory letter requesting either an exchange or a refund.
The costs of returning the Product remain the responsibility of the Customer, except for Consumer Customers who implement the guarantee of conformity of articles L. 217-4 et seq. of the French Consumer Code.
AlbertMenes.fr cannot be held responsible in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,
- in the event of the misuse, professional usage, negligence or lack of maintenance on the part of the Customer, for the normal wear and tear of the product or for accidents or in cases of force majeure.
In any event, the guarantee of Albert Ménes.fr is limited to the replacement or refund of products that are not in conformity or which present a defect.
ARTICLE 9. PERSONAL SPACE
9.1. Creation of the personal space
The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to supply a certain number of personal details. Some of these details are considered essential for the creation of the personal space. Refusal by an Internet user to supply said details will have the effect of preventing the creation of the personal space as well as, incidentally, confirmation of the order.
When creating the personal space, the Internet user is asked to choose a password. This password is the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to any third party. Otherwise, AlbertMenes.fr cannot be held responsible for unauthorised access to an Internet user's personal space.
Internet users can visit the following website for help with choosing a secure password: https://www.howtogeek.com/195430/how-to-create-a-strong-password-and-remember-it/ .
This password should be kept strictly personal and confidential and must not be disclosed or shared with third parties. Reusing the same password for different websites or services increases the risk of identity theft. If one website has poor data security, this could impact the security of all other websites applying even the strictest security rules.
If the Internet user forgets their password, they should inform AlbertMenes.fr as soon as possible via e-mail at sav so AlbertMenes.fr can take any necessary steps and in particular ask the Customer to confirm access to their "Customer" account linked to their e-mail address.
Authentication enabled by a Customer’s username and password enables a record to be kept of actions performed on the website.
In the event that the Customer forgets their login details and fails to notify AlbertMenes.fr, they will remain assumed to be responsible for any actions carried out on their account.
The Customer undertakes to regularly check the data concerning him/her and to proceed online, from his/her personal space, to the necessary updates and amendments.
9.2. Content of the personal space
The personal space allows the Customer to consult and track all his or her orders placed on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence in court. Their nature is solely informative and they are intended to ensure efficient management of the Customer's orders.
AlbertMenes.fr undertakes to securely store all contractual elements whose storage is required by law or regulations in force.
9.3. Responsability of the Customer and the Internet user
In general, Customers and Internet users are responsible for:
- The proper working order of their devices and their Internet access;
- Any damage, direct or indirect, of any nature whatsoever that is caused by any content that Customers or Internet users have placed on the Website;
- Content that Customers or Internet users may post on the Website, regardless of its nature, content or origin (downloading, publication, transmission or provision, etc).
The general use of the Website, and in particular the user account, is intended to enable the purchase of Products.
The Website must therefore not be misused and include, for example, the posting of illegal content or remarks.
More generally, Customers and Internet users promise to comply with the legal and regulatory provisions in force and in particular refrain from the following (non-exhaustive list):
- Impersonating another person;
- Intentionally posting false, erroneous or misleading content;
- Impeding access to the Website and/or the proper functioning of the Website in any way whatsoever;
- Posting content that breaches the intellectual property rights of others;
- Posting content that is racist, xenophobic, anti-Semitic, homophobic, Holocaust-denial, pornographic, paedophilic, child pornography or offensive to human dignity;
- Posting content which constitutes an incitement to violence, suicide, terrorism, the use, manufacture or distribution of illegal substances, or which incites the commission of crimes or offences or which advocates such behaviour and more particularly crimes against humanity;
- Posting content that is offensive, defamatory or which infringes the personal privacy, image or the personality rights of third parties, or that runs contrary to public order, the law or common decency;
- Posting information of a commercial or advertising nature without our prior written authorisation;
- Posting hypertext links on the Website pointing to other websites whose content is contrary to one of these rules.
Please note that fraudulently accessing or remaining in a computer system, of impeding or breaking the operation of such a system, of fraudulently entering or modifying data in a computer system constitutes offences subject to criminal penalties.
In the event of a breach of any of the above rules, the Website reserves the right to block the access of Customers and Internet users to all or part of the services and features of the Website, or even to remove access to the personal account of Customers and Internet users, either temporarily or permanently, without any compensation or prior notification. The Website may also claim compensation for any damage it has suffered as a result of this behaviour.
In the event of any complaint or claim initiated by a third party and which is made to the Website, arising due information or data originating from Customers and Internet users, each Customer and Internet user will be required to immediately provide the Website with full explanations and justifications, and in any event, respect to the Website as well as to third parties whose rights they have breached, to answer for any damage and any potential consequences of their actions with regard to the applicable laws and regulations, including those bearing criminal liability.
9.4. Responsability of albertmenes.fr
Please note that AlbertMenes.fr does not check the accuracy of the information that Customers and Internet users provide, which is given under their own responsibility.
AlbertMenes.fr will use all reasonable means at its disposal to ensure full access to, and the constant availability of, the Website, but it is under no obligation to do so. It reserves the right to halt or suspend access to the Website, either temporarily or permanently, without prior notice, particularly in order to carry out maintenance or in the event of force majeure, without this suspension or total stoppage giving rise to any right to compensation.
AlbertMenes.fr may not be held liable for damages of any kind, either direct or indirect, arising from the use of the Website.
Similarly, AlbertMenes.fr may not be held liable for:
- Any malfunction of the network or servers or any other event beyond its reasonable control that may prevent or impair its access, as well as elements beyond its control and damage that could potentially be suffered by the systems of Customers and Internet users and, in particular, any device used to access the Website;
- Usage of the Website, of the information posted, of the services available on the Website or of the content of Customers or Internet users performed by another Customer or Internet user.
9.5. Deleting the personal space
AlbertMenes.fr reserves the right to delete the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive for at least one year. Such deletion shall not be likely to constitute a fault of AlbertMenes.fr or damage to the excluded Customer, who shall not be entitled to any compensation as a result.
This exclusion is without prejudice to the possibility for AlbertMenes.fr to take legal action against the Customer, when the facts justify it.
ARTICLE 10. DELIVERY
10.1. Shipping costs
The delivery or availability costs will, in any case, be indicated to the Customer before any payment is made and concern deliveries made in metropolitan France, Corsica, the French overseas departments and territories, and abroad.
The delivery costs indicated on the Site are understood in Euro, all taxes included.
10.2. Delivery time
Orders are delivered by Colissimo to your home or to a collection point of your choice within 7 working days of the full collection of the price by AlbertMenes.fr.
Some products or order volumes may nevertheless justify a delivery time of more than 7 working days. This will be expressly mentioned to the Customer when the order is confirmed.
10.3. Damaged package
In the event of delivery of a clearly and visibly damaged package, it is the Customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared and then shipped in return upon receipt of the damaged package. In such a case, the delivery times indicated above in these general terms and conditions shall no longer apply.
ARTICLE 11. COMPUTING AND FREEDOM
Before RGPD was implemented, The AlbertMenes.fr file containing the personal data of Internet users had been declared to the CNIL registered under number 207 41 68 v 0
ARTICLE 12. ALBERTMENES.FR'S RESPONSIBILITY
12.1. Nature of AlbertMenes.fr's obligations
Please note that AlbertMenes.fr is subject to a best efforts obligation.
AlbertMenes.fr is commited to taking the necessary care and diligence to provide quality Products in accordance with the specifications of these General Terms and Conditions.
AlbertMenes.fr may only be held liable in the case of fault or proven negligence and will be limited to direct damages, excluding any indirect damages of any kind.
AlbertMenes.fr cannot be held liable in the event of the misuse, negligence or lack of maintenance on the part of the Customer, or for the normal wear and tear of the Product or in cases of force majeure.
AlbertMenes.fr holds an insurance policy covering the financial consequences of its civil and criminal liability.
12.2. Force majeure - Customer's fault
AlbertMenes.fr will not be held liable in the event of force majeure or the Customer's fault, as defined in this article:
12.2.1 Force majeure
In accordance with the provisions of article 1218 of the Civil Code, "In contractual matters, there is force majeure where an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects could not be avoided by appropriate measures, prevents performance of their obligation by the debtor.
If the prevention is temporary, performance of the obligation is suspended unless the delay which results justifies termination of the contract. If the prevention is permanent, the contract is terminated by operation of law and the parties are discharged from their obligations under the conditions provided by articles 1351 and 1351-1. "
The liability of either Party under these General Terms and Conditions is expressly excluded in the event of non-performance or delay due to any force majeure event.
In the sense of these general terms and conditions, any prevention, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, the unlawful or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flooding, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances
beyond AlbertMenes' reasonable control.fr shall be considered as force majeure enforceable against the Customer.
In such circumstances, AlbertMenes.fr shall be exempted from the performance of its obligations within the limit of such prevention, limitation or disruption.
If such an event of force majeure should occur, the Party affected by this event shall immediately notify the other Party within five (5) days of the occurrence of the event. The performance of the services will then be suspended for the duration of the event. As soon as this event has come to an end, the hindered Party shall notify the other and immediately resume the performance of the services.
After a period of fifteen (15) working days from the occurrence of the event of force majeure, the other Party may choose to terminate this contract, by notification to the hindered Party, without compensation.
12.2.2 Customer's or Internet User's fault
In the sense of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or his employees, failure to comply with the advice given by AlbertMenes.fr on its Site, any unauthorised disclosure or use of the Customer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in his personal space shall be considered a fault of the Customer. The implementation of any technical process, such as robots or automatic requests, the implementation of which would contravene the letter or spirit of these general conditions of sale, shall also be considered a fault of the Customer.
12.3. Technical problems - Hypertext links
In the event of impossibility of access to the Site, due to technical problems of any nature, the Customer may not claim any damage and may not claim any compensation. The unavailability, even if prolonged and without time limit, of one or more online services cannot constitute a prejudice for Customers and can in no way give rise to the awarding of damages by AlbertMenes.fr.
The hypertext links on the Site may lead to other websites. AlbertMenes.fr cannot be held liable if the content of these sites contravenes current legislation. Similarly, AlbertMenes.fr cannot be held liable if the Internet user's visit to one of these sites causes him/her any damage.
As the technology currently stands, the illustrated presentation of Products offered for sale on this Site, particularly in terms of colours or shapes, may vary significantly from one computer station to another or may differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences cannot under any circumstances be attributed to AlbertMenes.fr and the latter cannot be held liable for them under any circumstances.
12.4. Damages to be paid by AlbertMenes.fr
In the absence of contrary legal or regulatory provisions, AlbertMenes.fr's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. AlbertMenes.fr cannot under any circumstances be held liable for indirect damage such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial problems and loss of profits or customers. Similarly, and within the same limits, the amount of damages charged to AlbertMenes.fr may not in any event exceed the price of the Product ordered.
12.5. Hypertext links and Site content
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. AlbertMenes.fr cannot under any circumstances be held liable for any omission, inaccuracy or error contained in this information that may result in direct or indirect damage to the Internet user.
ARTICLE 13. INTELLECTUAL PROPERTY
14.1. Legal Protection of Site Content
All the elements that make up the site, and in particular the brands, logos, texts, data, drawings, graphics, photographs, animations, sounds, programming code, arrangements, assemblies of all or part of an element of the website are and remain the property of AlbertMenes.fr or of its beneficiaries.
The reproduction of all or part of this website or the elements that comprise it on any medium whatsoever is formally prohibited, except with the express and prior permission of AlbertMenes.fr. Reproduction is authorised only for the exclusive purpose of information for personal and private use. In general, any reproduction must include the name of its author.
All content on the website (images, text, database, etc.) is subject to the applicable French and international legislation as regards intellectual property (copyright, trademark law, database law, etc).
If the Customer finds that elements published on the website breach copyright or other protected rights, please contact AlbertMenes.fr at the following e-mail address: fr, or at 156 rue Saint-Denis - 92700 Colombes.
Furthermore, please note that in accordance with Article L.342-1 of the Intellectual Property Code, it is strictly forbidden to download all or a quantitatively substantial part of this database by using robots or any other automatic extraction process.
14.2. Contractual protection of Site Content
The Internet user undertakes contractually with AlbertMenes.fr not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not it is protected by intellectual property rights, for any purpose other than its reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 14. FINAL STIPULATIONS
14.1. Applicable law
These general conditions are subject to the application of French law.
14.2. Amendments to these general terms and conditions
These general conditions may be modified at any time by AlbertMenes.fr. The general conditions applicable to the Customer or Internet user are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions.
In the event of a dispute between the professional and the consumer, the latter will endeavor to find an amicable solution. In the absence of an amicable agreement, the consumer has the possibility to refer free of charge to the consumer mediator to which the professional belongs, namely the Association des Mediateurs Européens (AME CONSO), within one year of the complaint written to the professional.
Referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by letter addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS
In the absence of an amicable agreement, any dispute will be submitted to the jurisdiction of the competent courts according to the applicable legislation.
The invalidity of one of the clauses of these Terms & conditions shall not entail the invalidity of the other clauses of the contract or of these Terms & Conditions as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose hereof.
14.5. No waiver
The failure by AlbertMenes.fr to exercise the rights granted to it hereunder shall under no circumstances be construed as a waiver of any such rights.
14.6. Languages of these general conditions
These general conditions are offered in French and in English.
14.7. Unfair terms
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a trader and a consumer.
APPENDIX 1 - METHOD OF CANCELLING THE ORDER
IN THE CASE OF DISTANCE SELLING TO A CUSTOMER - ORDER CANCELLATION FORM
In the case of distance selling, as defined by Article L. 221-1 of the French Consumer Code, within fourteen days, including public holidays, from the date of the order or purchase commitment, the Customer may rescind it by registered letter with acknowledgement of receipt. If this period duly expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day.
Any clause in the contract by which the customer waives his right to rescind his order or purchase commitment is null and void. This Article shall not apply to contracts concluded under the conditions provided for in Article L. 221-2.
If you cancel your order,
you can use the detachable form below.
ORDER CANCELLATION FORM
Consumer Code art. L. 221-5
∗ complete and sign this form
∗ send it by registered letter with acknowledgement of receipt
∗ use the address given in Article 1
∗ ship it no later than the fourteenth day from the day of the order or, if this period duly expires on a Saturday, Sunday or a public or non-working day, the first following working day.
I, the undersigned, declare that I am cancelling the following order:
∗ Nature of the goods or service ordered:.......................................................................................................
∗ Date of order:......................................................................................................................................................
∗ Date of receipt of the order: ....................................................................................................................
∗ Customer’s name: ........................................................................................................................................................................
∗ Customer’s address: ..............................................................................................................................................................................................................
APPENDIX 2: provisions relating to legal guarantees
Article L.217-4 of the Consumer Code:
"The seller delivers goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery.
It shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation, if this latter is performed by the seller by contractual arrangement or otherwise under its liability. "
Article L.217-5 of the Consumer Code:
"The goods conform to the contract:
(1) If they are fit for the purpose ordinarily expected of similar goods and, if so:
- if they match the description given by the seller and bear the qualities that the seller presented to the buyer in the form of a sample or model;
- if they bear the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular in the
advertising or labelling;
(2) Or if they bear the features defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by this latter. "
Article L.217-12 of the Consumer Code:
"Actions that result from a lack of conformity are time-barred after a period of two years following delivery of the goods. “
Article L.217-16 of the Consumer Code:
"Where the purchaser asks the seller, during the period of the commercial guarantee offered by the seller and upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, this period shall be added to the remaining guarantee period.
This period shall be calculated from the date on which the purchaser submits its request or on which the product concerned is provided for repair, whichever comes first. "
Article 1641 of the Civil Code:
"The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects. "
Article 1648 paragraph 1 of the Civil Code:
"An action resulting from redhibitory defects must be brought by the buyer within two years from the
discovery of the vice.
In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity. "trip