Article 1: Acceptance

These general conditions of sale are concluded on the one hand by the company H2o owner of the brand ALAFRENCH CARE, represented by MIR Sagar ET PRINCIVIL Samuel, whose head office is located at 50 Avenue des Champs-Élysées – 75008 Paris (No. Siret: 983 862 517 00015), hereinafter “the seller”, and on the other hand, by any natural or legal person wishing to make a purchase via the website www.alafrenchcare.com hereinafter referred to as “the buyer”. These General Terms and Conditions will prevail over any other general or specific conditions not expressly approved by H2o. alafrenchcare.com reserves the right to modify its T&Cs at any time. The applicable conditions will be those in force on the date of the order by the buyer.

For any questions or complaints relating to the products, their order, their personal data, the right of withdrawal, the place of waste recovery or the application of the product warranty, the Customer can contact the company H2o at the following contact details :

assistance@alafrenchcare.com

Article 2: Products

The products and services offered are those which appear in the catalog published on the Alafrenchcare.com website. These products and services are offered while stocks last.

The products can then be exchanged or refunded within the legal period of 14 days. The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to color rendering.

In the event that one of the products ordered is not available when the Customer's order is prepared, ALAFRENCHCARE undertakes to contact the Customer by email as soon as possible from the date of their order in order to to indicate when this product can be delivered, it being specified that the Customer has the right to cancel his order.

If it is impossible to supply a product, the Customer will be offered to exchange it with another product of equivalent quality, characteristics and price. Failing this, that is to say in the event of cancellation of the order for the product concerned by the Customer, reimbursement of the unavailable product will be made at the latest within fourteen (14) days following receipt of the sums paid. by the customer. Reimbursement is made by crediting your bank account / by bank check. Cancellation of the product order and its refund will not affect the remainder of the order, which will remain firm and final.

In application of article L. 111-4 of the Consumer Code, ALAFRENCH CARE delivers to the Customer, on any suitable medium before the conclusion of the sale, information relating to the period during which or the date until which the spare parts essential for the use of the product are available on the market, as long as this information has actually been transmitted to it by the manufacturer or importer. This information, when transmitted by the manufacturer or importer, will be confirmed in writing upon purchase of the product by the Customer.

The buyer can pay for their order by credit card via the secure Shopify server. Concerning payments by credit card, due to the use of the secure server, no banking information of the buyer will be known to www.alafrenchcare.com.

Article 4: Delivery

Your products are delivered to the delivery address indicated when you order, the delivery address may be different from your billing address.

As soon as the tracking indicates a status such as "distributed" or "delivered" (on deliveries for which delivery is made without signature), no action can then be considered; the customer will not be able to claim any reimbursement or compensation. ALAFRENCHCARE.com undertakes to take steps with the carrier as long as this status is not validated (complaints, reshipments, etc.).

ALAFRENCHCARE.com undertakes in the event of damaged delivery to replace the defective product(s) upon presentation of a photo of the packaging as well as the clearly identifiable products (a return may also be requested).

In case of international sale, ALAFRENCHCARE.com cannot be held responsible for a blockage by customs in the country of destination. No compensation can be requested from the sender in the event of seizure or blocking. However, we will help you provide you with as much information as possible to try to regularize the situation.

In the event of non-receipt of the package for reasons related to the recipient (incomplete delivery address, failure to collect the package from the Post Office within the 15-day period or missing notice on the mailbox, etc.), the package will not be reshipped by our services only after payment of the new transport costs (rate identical to the first shipment).

Delivery times (48 hours or other) are only given as an indication by the Post Office. Consequently, in the event of non-compliance with these deadlines by post, the buyer will under no circumstances be entitled to claim payment of damages from the seller, nor to make any withholding or cancel orders. in progress.

Article 5: Right of withdrawal

Pursuant to article L. 211-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the products ordered.

In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece.

However, under article L. 211-28 of the Consumer Code:

“The right of withdrawal cannot be exercised for contracts:

1. Goods made according to the consumer's specifications or clearly personalized

2. Goods likely to deteriorate or expire quickly

3. Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection

4. Goods which, after having been delivered and by their nature, are mixed inseparably with other articles”

To exercise his right of withdrawal, the Customer must, within the period indicated above, send H2O by registered letter with acknowledgment of receipt specifying his wish to use this right or return the standard form for exercising the right of withdrawal. withdrawal (in Appendix 1 of these conditions) to the address mentioned herein. He must also return a copy of the invoice corresponding to the returned products.

The Customer must return the products, at his own expense, to the address mentioned herein, within fourteen (14) days of communication of his decision to withdraw, in their original packaging, unused and in perfect condition. condition, without any trace or mark, with labels, all accessories and any gifts offered.

The Customer is therefore reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, liability may be incurred in the event of depreciation of the products resulting from handling other than that necessary to establish the nature , the characteristics and the proper functioning of these products.

H2o will be entitled to apply a discount in the event of handling of products other than those strictly necessary to establish their nature, characteristics and proper functioning.

In the event of withdrawal relating to several products and if the Customer does not return all of the products,

H2o will deduct from the amount to be refunded the price of the missing products.

H2o undertakes to reimburse the Customer within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. However, H2o is entitled to defer this reimbursement until effective recovery of the goods or until the Customer has provided proof of shipment of these goods, the date chosen being that of the first of these events.

H2o makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and to the extent that the reimbursement does not incur costs. to the customer.

Model of the withdrawal form

To the attention of AlafrenchCare brand H2O

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete what is unnecessary.

Article 6: Guarantee

In application of articles 1641 et seq. of the civil code, you benefit from the legal guarantee against hidden defects and lack of conformity.

Legal provisions to reproduce When acting under a legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for by article L.217-9 of the Consumer Code; except for second-hand goods, it is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, a period extended to 24 months from March 18, 2016. The legal guarantee of conformity applies independently of any commercial guarantee granted. The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event of implementation of this guarantee, the buyer has the choice between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect. The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose in accordance with article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

According to articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with article L.217-7 of the Consumer Code, “ the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity ".

On the other hand, after this period of 24 months (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of delivery. taking possession of the Product.

In accordance with article L.217-9 of the Consumer Code: “ in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer ".

Legal guarantee against hidden defects

According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have bought it at such a price if he had known about the defect).

Article 7: Order

Before confirming acceptance of the offer, the consumer checks:

the details of your order (product concerned, possible price reduction, method of payment, method of delivery)
the total price including tax
personal information (name, delivery address, etc.)
and corrects any errors.

In order to prevent the buyer from placing the same order several times in doubt as to whether it has been correctly recorded, we send the buyer an acknowledgment of receipt of their order electronically, as soon as possible. This formality gives the buyer the certainty that his intention to contract has been taken into account.

Article 8: Liability

The consumer is expressly informed that ecigplanete.com is not the manufacturer of the products. Consequently, in the event of damage caused to a person or property due to a defect in the product, only the liability of the manufacturer of the product can be sought by the consumer.

The seller, in the online sales process, is only bound by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.

The products offered comply with current French legislation and the standards applicable in France. H2O and ALAFRENCH CARE cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered (for example in the event of a product being banned, etc.). It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.

Photos are for illustrative purposes. We invite you to refer to the description of each product to find out its precise characteristics; and in case of doubt or if you would like additional information, do not hesitate to contact us.

The return will give rise, depending on the case, to a replacement of the products or a refund to the Customer, after qualitative and quantitative verification of the returned products. The costs and risks of shipping and return will be borne by the Customer if non-compliance is not proven. Return costs in mainland France will be covered up to 7 euros including tax for a package weighing less than 2 kg (The receipt will be requested by the after-sales service team). Returns outside mainland France will not be supported.

Of course, for any questions about the products, you can contact our customer service

Article 9: Applicable Law

The Parties agree that these conditions and their consequences are subject to French law. The language hereof and of relations between the Parties is French.

However, with regard to deliveries outside France, the Customer is informed that French law applies subject to the mandatory provisions of the law of the country in which he has his habitual residence.

Article 10: Dispute resolution

In accordance with article L. 612-1 of the Consumer Code, you can use the mediation service free of charge.
On October 17, 2023, the European Commission adopted texts intended to modify the RELC (extrajudicial resolution of consumer disputes) framework to simplify it and make it more efficient. The Commission wishes, in particular, to adapt the RELC to the issues linked to digital markets and to open the system to new players and disputes.

Thus, the Commission proposed:

• The revision of Directive 2013/11 on the extrajudicial resolution of consumer disputes (ADR)
• The repeal of Regulation 524/2013 on the online resolution of consumer disputes (ODR)
• The adoption of a recommendation addressed to online marketplaces and professional associations.

The position of the CECMC concerning the proposed developments, adopted in plenary session on January 24, 2024, is reproduced below: CECMC position_January 28, 2024_projet_révision directive 2013.pdf (101 kb)

Online Dispute Resolution Platform
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and legal professionals. 'European Union.
This platform is accessible at the following link: https://ec.europa.eu/consumers/odr

Article 11: Mandatory information for consumer customers

Pursuant to article L. 211-15 of the Consumer Code, articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code are reproduced below, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, provisions of which the Customer expressly acknowledges having read prior to his order.

Article L. 211-4 of the Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L. 211-5 of the Consumer Code

To comply with the contract, the property must:

1° Be suitable for the use usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 211-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Article L. 217-12 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period.

This short period from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.

Article 1648 of the Civil Code paragraph 1

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Article 12: Personal data

In accordance with the law relating to data processing, files and freedoms of January 6, 1978, personal information relating to buyers may be subject to automated processing. ecigplanete.com reserves the right to collect information about buyers, including by using cookies, and, if it wishes, to transmit the information collected to commercial partners.

Buyers may object to the disclosure of their contact details by notifying ALAFRENCH.COM . Likewise, users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.

The automated processing of information, including the management of e-mail addresses of users of the site, has been declared to the CNIL.