Terms of Sale
General Terms of Sale of INSPIRATIONALSTORES SA for the www.alexandrasojfer.com Web site
1.Preamble
The present General Terms of Sale (hereinafter referred to as the “Terms”) are concluded between:
D’une part, INSPIRATIONALSTORES SA, société au capital de 1.296.495,20 euros, inscrite au RCS de Nanterre sous le numéro 49434226400038 et sise au 40 ter avenue de Suffren - 75015 PARIS,
ci-après dénommée "INSPIRATIONALSTORES",
On the one hand, INSPIRATIONALSTORES SA, a joint-stock company with capital of €1,296,495.20, registered in the register of companies of Nanterre under the reference 49434226400038 and located at 40 ter avenue de Suffren, 75015 Paris, France,
hereinafter known as “INSPIRATIONALSTORES”, And, on the other hand, the persons, who may or may not be private individuals, wishing to purchase an item on the commercial Web site www.alexandrasojfer.com, hereinafter known collectively as the “Customers” and individually as the “Customer”.
INSPIRATIONALSTORES and the Customers are hereinafter known collectively as the “Parties”.
Goods may be delivered to most countries in the world. INSPIRATIONALSTORES sells its products solely by means of in-home shopping, via the Internet (through its Web site or by e-mail), by telephone, fax or postal mail. INSPIRATIONALSTORES has no shop other than its Web sites. All of the products sold by INSPIRATIONALSTORES (hereinafter known as the “Products”) are listed on the company’s Web sites. INSPIRATIONALSTORES does not distribute a paper catalogue.
2. Purpose
The purpose of the present Terms is to define the terms and conditions of sale by INSPIRATIONALSTORES to its Customers, applicable to the order, use of the services made available by INSPIRATIONALSTORES, payment and delivery. They cover all of the stages required to place an order and the order follow-up by the Parties.
Any differences in application of the present Terms, depending on whether the Customer is a private individual or a company, are clearly stated.
3. Scope
The present Terms govern the sale of the Products listed on the www.alexandrasojfer.com Web site, at the time the order is placed by the Customer. They apply to all of the methods of placing orders offered by INSPIRATIONALSTORES, whether the order is placed via the Internet, or by e-mail, telephone, fax or postal mail.
Any differences in the present Terms depending on the method of placing the order are clearly stated.
4. Orders
Capacity to enter into a purchase agreement
Purchasing a product on the Web site of INSPIRATIONALSTORES does not constitute an act relating to day-to-day management as defined in Article 1124 of the French Civil Code, and therefore all customers of INSPIRATIONALSTORES declare that they are legally entitled to enter into a purchase agreement pursuant to the terms and conditions specified below, i.e. that they are either a minor declared of full age and capacity or have come of age, and are not subject to protection as specified in Article 488 of the French Civil Code.
Acceptance of the Terms by the Customer
The present Terms may be read directly on the www.alexandrasojfer.com Web site. On request by the Customer, they can also be sent by e-mail, fax or postal mail. Ticking the box marked “I have read and accept the General Terms of Sale” before validating an order automatically implies express, unrestricted and unconditional acceptance of the present Terms by the Customer. By doing so, the Customer acknowledges that they have read and understood the present Terms, and agree to them. Purchasing items via e-mail, telephone, fax or postal mail also implies acceptance of the present Terms by the Customer. The Customer acknowledges that they have read, understood and agreed to them beforehand, under the aforementioned conditions.
Characteristics of the products
CPursuant to Article L111-1 of the French Consumer Code, INSPIRATIONALSTORES endeavours to present as clearly as possible the important characteristics of the Products on the fact sheets. These must be read by the Customer. INSPIRATIONALSTORES reserves the right to modify the selection of Products available, in particular according to the constraints linked to its suppliers. The information and characteristics presented are those provided by the suppliers. INSPIRATIONALSTORES cannot on any account be held liable for incorrect information provided by the manufacturers. The information and photographs are provided for information only and are mainly those provided by the suppliers. Unless otherwise specified on the www.alexandrasojfer.com Web site, all of the Products sold by INSPIRATIONALSTORES are new and comply with current EU legislation and with the standards applicable in France.
Order date
The order date is deemed to be the date of validation of the order by the Customer, in the event of online payment by bank card.
The lead times specified on the www.alexandrasojfer.com Web site only begin on the order date described above. However, the availability of the Products is that indicated on the Web site, provided that the order was validated online on the Web site, and that the order date (date of actual payment) occurs within a reasonable length of time after the date of validation of the order.
Price
For all Products, the prices are given in euros and do not include delivery fees. They include VAT at the rate applicable on the order date. Any change in the applicable rate may be reflected in the price of the Products after the date of entry into force of the new rate.
Since the prices of INSPIRATIONALSTORES’ suppliers are constantly changing, the prices indicated on the Web site may be changed at any time. They may also be modified due to introductory prices, special offers or sales. The prices indicated are valid, provided there is no obvious misprint.
The applicable price is that indicated on the www.alexandrasojfer.com Web site on the date of recording of the order by the Customer.
Le prix applicable est celui indiqué sur le site www.alexandrasojfer.com à la date d’enregistrement de la commande par le Client.
Delivery fees
The delivery fees are invoiced to the Customer according to the weight of the parcel (excluding packaging and gifts), the place of delivery, and the carrier or method of transport chosen.
The Customer is informed of these fees before final recording of the order. Free delivery may be offered on a one-off basis in connection with promotional marketing campaigns by INSPIRATIONALSTORES.
The delivery fees are indicated on the www.alexandrasojfer.com Web site in the “Delivery” section.
Discounts and gifts
In the event of a computer problem resulting in the duplication of discounts or gifts, the invoice will be blocked until the price is adjusted or the order is cancelled. Gifts are offered depending on the Product bought. The gifts are listed on the Product pages in question or in the personalised offer sent to the Customer.
The discounts, sales codes and gifts are valid for the period indicated on the www.alexandrasojfer.com Web site, in the letter or in the e-mail attached to the description of the special offer, and are subject to availability.
If the Customer is entitled to a gift, they must ensure that it is included on the purchase order. If it is not included, the Customer must contact the Customer Service Department of INSPIRATIONALSTORES.
If customers do not accept any gifts offered to them, they are not entitled to claim any discount or indemnity. INSPIRATIONALSTORES shall cover all of the costs pertaining to any such gifts, including the delivery fees.
The gifts are not covered by any guarantee, and shall not be taken back or exchanged.
Placing of orders
Customers who are private individuals may place orders from INSPIRATIONALSTORES via the Internet on the www.alexandrasojfer.com Web site, by e-mail, telephone, fax or postal mail.
Orders placed by e-mail, fax or postal mail must include all of the information needed to properly process the order.
In all cases, at least the following information regarding the Customer's identity must be included to register the order:
- The Customer must either provide their Customer identification number, or provide all of the details usually required for online registration.
- The Customer must clearly identify the Products selected with the references given on the www.alexandrasojfer.com Web site, which include the size and weight options etc.
For Products for which options are available, these specific references appear when the right options have been selected.
- The Customer must also specify the required quantity.
- The Customer must clearly specify all of the delivery details. In particular, this includes the exact delivery address as well as any restrictions on access to the place of delivery (cf. paragraph concerning delivery).
- The Customer must indicate the method of delivery chosen.
- Finally the customer must also specify the method of payment chosen.
Availability of the Products
Depending on the product, INSPIRATIONALSTORES uses just-in-time stock management, or direct orders from its suppliers. Consequently, depending on the case, the Products are subject to availability at INSPIRATIONALSTORES or at its suppliers.
Products where stocks are available at INSPIRATIONALSTORES for rapid delivery are specified as “Available”, together with the approximate shipping time. Product availability can change very quickly according to sales. Product availability information is very frequently updated by INSPIRATIONALSTORES. Customers can obtain more accurate information by telephone, e-mail or fax.
If a Product is not available, this is also indicated on the page of the Product concerned. Products may therefore be specified as available for shipping within a certain time, such as “4 to 9 days”, “6 to 12 days”, “7 to 15 days” or “2 to 4 weeks”, or as “Out of stock”, “Not available” etc. For more information concerning availability, click on “Availability” on the same page.
Moreover, at the bottom of the Product fact sheet, Customers can check when the Product fact sheet was last updated, and therefore when the stock availability was updated, which indicates how reliable this information is. However, stock availability can vary within the same day according to the levels of sales.
If INSPIRATIONALSTORES is unable to obtain a Product ordered from its suppliers, it will notify the Customer of the expected delay by e-mail. The Customer can then choose to cancel the order based on this new information. No cancellation fee will be charged for cancelling an order in this way.
INSPIRATIONALSTORES undertakes to fill the orders received, subject to availability of the Products within its own stock or that of its suppliers. INSPIRATIONALSTORES undertakes to inform the Customer as quickly as possible if the Product(s) is/are unavailable. The Customer can then ask to cancel the order, or exchange the Product(s) concerned.
Order confirmation
An e-mail is automatically sent to the Customer to confirm receipt of the order, provided that the e-mail address given on the registration form is correct. INSPIRATIONALSTORES does not send an order confirmation by postal mail or fax.
5. Order cancellation - Right of withdrawal
5.1 Non-fresh Products
INSPIRATIONALSTORES gives its Customers the opportunity to cancel their orders at any time before shipping by INSPIRATIONALSTORES or before receipt by the Customer. This extends the legal entitlement to cancel orders after receipt by the Customer. There are several possibilities:
- The order has not been dispatched: INSPIRATIONALSTORES will then immediately register the cancellation of the order.
- The order has already been fully or partly dispatched. INSPIRATIONALSTORES will register the cancellation of the non-fresh Products that have not been dispatched, and the Customer can refuse to accept delivery of the parcel already dispatched.
In both of these cases:
- Customers are advised to notify the Sales Department of INSPIRATIONALSTORES of the cancellation before returning any non-fresh Products.
5.2. Exchanges and refunds
Exchange or refund after receipt
According to French law, Customers are entitled to cancel their order within 7 working days of receipt of any non-fresh product.
In all cases, exchanges or refunds must be requested from the INSPIRATIONALSTORES’ Sales Department and the product(s) must be returned.
The same applies to the right of withdrawal, but for all of the Products included in the order.
Terms and conditions for exchanges and refunds
INSPIRATIONALSTORES reserves the right to claim compensation for any damage caused to the returned product. The Customer must cover the cost of returning refunded or exchanged Products, unless otherwise stated in certain articles on the www.alexandrasojfer.com Web site.
However, INSPIRATIONALSTORES may only ask the Customer for a contribution to the cost of returning the goods, in particular in the case of exchanges. These conditions must be discussed with the INSPIRATIONALSTORES’ Sales Department.
6. Payment
Means of payment
Private individual Customers can pay for their order online on the www.alexandrasojfer.com Web site by bank card (French Carte Bleue, Visa, Mastercard, American Express or JCB).
In order to ensure the security of its Customers’ payments, INSPIRATIONALSTORES cannot accept payments by bank card for orders by e-mail, since e-mail messages are less secure.
The Customer guarantees INSPIRATIONALSTORES that they have all the authorisations required to use their chosen method of payment.
INSPIRATIONALSTORES shall take all necessary steps to ensure the security and confidentiality of the data transmitted online (for online payment on the www.alexandrasojfer.com Web site). For this purpose, a method of secure payment using SSL (Secure Socket Layer) encryption is used on the www.alexandrasojfer.com Web site. The transaction is carried out through a well-known bank which alone receives the bank details provided online at the time of payment.
Invoice
Neither the purchase order that the Customer draws up online, nor the order confirmation sent to the Customer by e-mail by INSPIRATIONALSTORES constitutes the invoice. Whatever order or payment method is used, the Customer will receive the original copy of the invoice on delivery of the Products, inside the parcel. INSPIRATIONALSTORES shall keep an electronic copy of each invoice.
Payment date
In the event of a single payment by bank card, the Customer’s account will only be debited when the Products are dispatched. Thus, in case additional time is required or the Products are not available, the Customer's account will only be debited when INSPIRATIONALSTORES is able to send them. If some of the Products are unavailable, INSPIRATIONALSTORES may, at the Customer’s request, carry out a partial shipment for products of the same type. However, the Customer may be asked to pay additional delivery fees. If the Products can be delivered using one of the alternative methods listed in the “Delivery” section, partial shipment will be carried out automatically. The full amount will be debited from the Customer’s account at the earliest a few days before dispatch of the first parcel.
Late payment
If the bank refuses to debit a card or other method of payment, the Customer must contact the Customer Service Department so as to pay for the order by any other method of payment.
Transfer of ownership
INSPIRATIONALSTORES remains the owner of the Products delivered until they have been paid for in full by the Customer. The above provisions do not prevent the transfer to the Customer at the time of delivery, of the risks of loss of or damage to the Products subject to reservation of title, as well as of the risks of any damage that they may cause.
7. Delivery
Shipping lead times
Every morning from Monday to Friday, a statement is drawn up of the orders placed online on the www.alexandrasojfer.com Web site. All orders placed up to the time of drawing-up of the statement are processed the next day by INSPIRATIONALSTORES.
As a rule it can take up to two days to prepare an order, in particular for the processing of the order, the preparation and packaging of the Products, and drawing-up of the invoice, before the dispatch of the available Products.
However, the time required may vary depending on the method of payment chosen:
- The lead time is two days for online payment by bank card.
INSPIRATIONALSTORES hereby informs its Customers that these lead times do not include weekends or public holidays.
INSPIRATIONALSTORES may be compelled to split the shipments if some of the Products are not available. The available Products may therefore be shipped first, and the remainder of the order will be shipped when the other Products are available.
An e-mail is automatically sent to the Customer at the time of dispatch of the Products, provided that the e-mail address given on the registration form is correct.
Transport lead times
The transport lead times depend on the carrier chosen by the Customer. INSPIRATIONALSTORES shall inform the Customer of the approximate delivery lead time indicated to it by the carrier chosen. The Customer is informed of this approximate delivery time when choosing the method of transport or carrier, at the end of the online order process, before confirming the order.
However, INSPIRATIONALSTORES hereby informs its Customers that these lead times do not include Sundays or public holidays.
The transport lead times are indicated on the www.alexandrasojfer.com Web site in the “Delivery” section.
Delivery lead times
The delivery lead times shown on the Product fact sheets are approximate. They are confirmed when the order is placed (cf. paragraph entitled “Product availability”).
If it transpires that the delivery lead time cannot be respected, the Customer will be informed of the new delivery time, based on the information available to INSPIRATIONALSTORES. In this case, the Customer will also be given the option to cancel the order.
Moreover, for certain methods of payment, together with option to cancel the order, the Customer may also be offered a refund, if payment has already been made.
Packaging
Customers can track their orders at any time by consulting their account on the www.alexandrasojfer.com Web site. This allows Customers to check the status of their order, as well as whether it has been dispatched and delivered. Tracking of deliveries is carried out using the carrier's online tracking tool. Consequently, INSPIRATIONALSTORES cannot be held responsible for any unavailability of or mistakes in the information provided by the carriers. INSPIRATIONALSTORES shall nevertheless endeavour to make this information as clear as possible and to ensure that its carriers are as reliable as possible. Customers may contact the INSPIRATIONALSTORES’ Sales Department at any time during its opening hours, for information regarding the status of their order.
Tracking of orders
Customers can track their orders at any time by consulting their account on the www.alexandrasojfer.com Web site. This allows Customers to check the status of their order, as well as whether it has been dispatched and delivered. Tracking of deliveries is carried out using the carrier's online tracking tool. Consequently, INSPIRATIONALSTORES cannot be held responsible for any unavailability of or mistakes in the information provided by the carriers. INSPIRATIONALSTORES shall nevertheless endeavour to make this information as clear as possible and to ensure that its carriers are as reliable as possible.
Customers may contact the INSPIRATIONALSTORES’ Sales Department at any time during its opening hours, for information regarding the status of their order.
Delivery services
INSPIRATIONALSTORES met à la disposition de ses Clients différents transporteurs. Ces modes de livraison peuvent être consultés avec plus de précisions sur le site www.alexandrasojfer.com dans la rubrique "Logistique-livraison".
Cependant, INSPIRATIONALSTORES rappelle à ses clients que :
- L’adresse de livraison (qui peut-être différente de l’adresse de facturation) doit être exacte et mentionner toutes les précisions nécessaires à une bonne livraison ;
- Pour une livraison sur rendez-vous, le Client doit clairement renseigner un numéro de téléphone fixe et/ou de portable auquel il est facilement joignable ;
- Pour une livraison de matériel encombrant, il est de la responsabilité du Client de s’assurer des conditions d’accessibilité du lieu, de l’étage ou de la pièce de livraison et d’en informer INSPIRATIONALSTORES ou le transporteur lors de la prise de rendez-vous. Si la livraison ne pouvait être effectuée pour des raisons d’accessibilité, INSPIRATIONALSTORES ne saurait en être tenue pour responsable.
- Une erreur d'adresse de livraison, de lieu de livraison, d'accessibilité du lieu, de numéro de téléphone pour la prise de rendez-vous, d'absence du Client au rendez-vous fixé, ou tout autre problème entraînant la nécessité d'effectuer une nouvelle livraison pourra faire l'objet d'une facturation aux frais réels de la nouvelle livraison, le paiement de ces frais additionnels seuls permettant la nouvelle livraison.
8. Guarantees offered by INSPIRATIONALSTORES
Defaults relating to delivery
-Late delivery due to the carrier
In the event of failure to meet the delivery lead time indicated by the carrier, the Customer must first contact the carrier or, if the carrier is the French postal service (La Poste), the distribution office. In all cases where there is a long delay, the Customer must contact INSPIRATIONALSTORES in order to file a complaint or request an investigation to find the missing parcel.
Parcels are sometimes lost by the carriers. The carriers require the Customer to declare any loss within 10 days of receipt of the dispatch notice from INSPIRATIONALSTORES. INSPIRATIONALSTORES will then file the necessary complaints with the carrier concerned.
If the parcel is not found, INSPIRATIONALSTORES will deliver the same Product again (subject to availability) or offer to refund the Customer.
-Damaged parcels
The Customer must check the condition of the parcel in the presence of the carrier and record any reservations on the delivery slip, if the parcel is totally destroyed or partly damaged. If no reservations are expressed within the time allowed under Article 133.3 of the French Commercial Code, the delivery is deemed accepted by the Customer. After expressing these reservations, the Customer must notify INSPIRATIONALSTORES by e-mail, so that INSPIRATIONALSTORES can take the necessary steps as quickly as possible, both in order to return the Product to its warehouses, and to carry out a new delivery. If INSPIRATIONALSTORES is not notified, it cannot be held responsible if it takes a long time to carry out a new delivery.
-Strikes
In the event of a postal strike, a strike by the carriers or any other exceptional event that delays or prevents delivery of parcels, INSPIRATIONALSTORES will make every endeavour to inform the Customer of the delivery status of the parcel, but cannot be held responsible for the delays caused.
Statutory warranty
Notwithstanding the specific guarantees provided, INSPIRATIONALSTORES hereby informs its Customers that they have a statutory warranty against hidden defects on all of the Products, pursuant to Article L211-1 of the French Consumer Code which repeats Articles 1641 to 1648 of the French Civil Code. This guarantee entitles Customers who can prove the existence of a hidden defect to choose between the refund of the Product price if the Product is returned, or repayment of part of its price without return of the Product.
Liability
INSPIRATIONALSTORES is released from its obligation to deliver in the event of a case of force majeure.
INSPIRATIONALSTORES disclaims all responsibility for inappropriate or incorrect use of the Products ordered by Customers.
INSPIRATIONALSTORES does not control the Web sites directly or indirectly linked to the www.alexandrasojfer.com Web site. Consequently it does not accept any responsibility for the information published on these Web sites. Links to third party Web sites are provided for information only and no guarantee is provided regarding their content.
Personal data
Pursuant to Article 34 of the French Data Protection Act of 6 January 1978, visitors to and customers of the www.alexandrasojfer.com Web site are entitled to access, modify, correct or delete their personal data at any time.
In connection with specific campaigns, or when Customers or visitors register on the Web site or place an order, INSPIRATIONALSTORES asks them if they wish to receive its newsletter, its promotional offers, and/or to sign up to receive information about its special sales events. Visitors and Customers can at any time change their subscription via their personal account page, or by clicking on the hypertext link at the bottom of the offers received by e-mail.
INSPIRATIONALSTORES can also ask its visitors and Customers if they wish to receive special offers from its partners. INSPIRATIONALSTORES reserves the right to collect data concerning Customers, including through the use of cookies. For commercial purposes, INSPIRATIONALSTORES may pass on to its trading partners the names and contact details of its visitors and Customers. INSPIRATIONALSTORES specifically asks its visitors and Customers if they do not wish their personal data to be disclosed, and they can change their choice at any time on the www.alexandrasojfer.com Web site or by contacting INSPIRATIONALSTORES’ Sales Department.
INSPIRATIONALSTORES hereby informs its Customers that a declaration was made on 26 March 2008 to the French National Data Protection Agency (CNIL) concerning the processing of their personal data, under the reference 1284664.
Intellectual property
All of the visual and sound elements of the www.alexandrasojfer.com Web site, including the underlying technology used, are protected by copyright, trademarks or patents. They are the sole property of INSPIRATIONALSTORES.
Any person who owns a Web site and wishes to create a direct hyperlink from it to the www.alexandrasojfer.com Web site must ask INSPIRATIONALSTORES for authorisation to do so. Such authorisation granted by INSPIRATIONALSTORES shall on no account constitute an implicit affiliation agreement, and shall on no account be granted on a permanent basis. This link must be removed on request by INSPIRATIONALSTORES.
Hypertext links to the www.alexandrasojfer.com Web site that use techniques such as framing or in-line linking are strictly forbidden.
Validity of the Terms
Any change in the legislation or regulations or a court ruling that invalidates one or more of the clauses of the present General Terms of Sale, cannot affect the validity of the present General Terms of Sale. Such a change or ruling cannot on any account allow Customers to disregard the present General Terms of Sale.
Any requirements that are not explicitly dealt with herein shall be deemed to be governed by normal practice in the in-home shopping sector for companies whose headquarters are located in France.
Duration and application
The present Terms apply to all purchases made on the www.alexandrasojfer.com Web site as long as the www.alexandrasojfer.com store is online.
The present Terms are precisely dated and may be amended at any time by INSPIRATIONALSTORES. The applicable Terms are those in force at the time of recording of the order.
The present General Terms of Sale and the relations between users and www.alexandrasojfer.com are subject to French law. Any dispute for which an amicable settlement cannot be found shall be referred to the competent courts of Paris.