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Terms and Conditions

Preamble

These general terms and conditions of sale apply to all sales concluded on the Alpho.fr website. The Alpho® website sells the following products: Clothing and Accessories. Alpho® is a registered trademark. The brand is registered with the National Institute of Industrial Property (INPI) and the European Union Intellectual Property Office (EUIPO).

The customer declares that they have read and accepted the general terms and conditions of sale before placing their order. Validation of the order therefore implies acceptance of the general terms and conditions of sale. The www.alpho.fr merchant site is an e-commerce platform published by SNL SARL with a capital of 1000 euros, whose registered office is located at 10b rue Jean Pigeon, 94220 Charenton-le-Pont, France, registered with the Créteil Trade and Companies Register, intra-community VAT Number FR 948 975 834. The site enables SNL to offer most of its products for sale to non-professional buyers acting as consumers. These general terms and conditions of sale govern the relationship between SNL and customers wishing to browse or make a purchase on the site. Any order for a product offered on the site implies the customer's full and complete acceptance of these General Terms and Conditions of Sale. SNL reserves the right to modify these GTCS at any time by publishing a new version on the site. The General Terms and Conditions of Sale (GTCS) in force on the date the order is placed shall apply. These GTCS are permanently available on the alpho.fr website in French only. The site does not allow the purchase of products for the purpose of resale.

Article 1 - Principles

These general terms and conditions express all the obligations of the parties. The buyer is therefore deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other terms and conditions, particularly those applicable to in-store sales or sales via other distribution and marketing channels. They are accessible on the alpho.fr website and shall prevail, where applicable, over any other version or any contradictory document. The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are published online.
If a condition of sale is missing, it will be considered to be governed by the prevailing practices in the distance selling sector for companies based in France.

Article 2 - Content


The purpose of these terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer on the alpho.fr website. These conditions only apply to purchases made on the Alpho website and delivered exclusively in mainland France or Corsica. For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: alpho@contact.fr.
These purchases include the following products: clothing and accessories.

Article 3 - Pre-contractual information


Prior to placing an order and entering into a contract, the buyer acknowledges having been informed, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in Article L. 221-5 of the French Consumer Code. The following information is provided to the purchaser in a clear and comprehensible manner:

  • The essential characteristics of the goods.
  • The price of the goods and/or the method of calculating the price.
  • Any applicable additional transport, delivery, or postage costs, as well as any other charges payable.
  • If the contract is not performed immediately, the date or deadline by which the seller commits to deliver the goods, regardless of the price.
  • Information relating to the identity of the seller, its postal and electronic contact details, its activities, legal guarantees, the functionalities of the digital content (including its interoperability), and the existence and terms of implementation of guarantees and other contractual conditions.

Article 4 - The order


The purchaser may place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability. The buyer will be informed of any unavailability of the product or good ordered. In order for the order to be validated, the buyer must accept these general conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the method of payment. The sale will be considered final:

  • After the seller has sent the buyer confirmation of acceptance of the order by e-mail.
  • Once the seller has received payment in full.

All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute regarding this matter will be addressed in the context of a potential exchange and the guarantees mentioned below. In certain cases, notably non-payment, incorrect address, or any other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved. For any questions regarding the tracking of an order, the buyer may contact the seller via the following email address: alpho@contact.fr during the following days and times: Monday to Friday, 9 am to 6 pm (UTC+1).


Article 5 - Electronic signature

The online provision of the purchaser's bank card number and the final validation of the order constitutes proof of the purchaser's agreement:

  • Payment of the sums due under the order form.
  • The signature and explicit acceptance of all transactions carried out.


Article 6 - Order confirmation

The seller will provide the buyer with an order confirmation by e-mail.

Article 7 - Proof of transaction
The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered proof of the communications, orders, and payments that occurred between the parties. Order forms and invoices are archived on a reliable and durable medium, which can be presented as proof.

Article 8 - Product information


The products governed by these terms and conditions are those which appear on the seller's website and are indicated as sold and dispatched by the seller. They are offered while stocks last. The products are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation. Photographs of products are not contractually binding.

Article 9 - Prices

The seller reserves the right to change its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. Prices are given in euros. They do not include delivery charges, which are invoiced in addition and clearly indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the product prices in the online shop. If one or more taxes or contributions, particularly environmental, are created or modified, either up or down, this change may be passed on to the sale price of the products.

Article 10 - Method of payment

This is an order with a payment obligation, which means that placing the order implies payment by the buyer. To pay for the order, the purchaser may choose from all the methods of payment made available by the seller and listed on the seller's website. The purchaser guarantees the seller that he/she has the necessary authorizations to use the chosen payment method when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorize payment by bank card by the officially accredited bodies or in the event of non-payment. The seller also reserves the right to refuse delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom there is an ongoing payment dispute. The price must be paid in full on the day the order is placed, using the following methods:

  • Credit card
  • Apple Pay
  • Google Pay


Article 11 - Product availability - Refunds - Resolution

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limit of available stocks, those indicated below. Delivery times run from the order registration date indicated on the order confirmation email. For deliveries in mainland France and Corsica, the dispatch time is 3 to 5 working days from the day following that on which the buyer placed the order, according to the following methods: by Colissimo. The latest delivery time will be 30 working days after the conclusion of the contract. For deliveries to French overseas departments and territories or to another country, the delivery terms will be specified to the purchaser on a case-by-case basis.

If the agreed delivery date or deadline is not met, the purchaser must request the vendor to fulfill the contract within a reasonable additional period before terminating the contract. If the seller fails to meet the agreed delivery date or timeframe by the end of this new period, the buyer may freely terminate the contract. The purchaser must complete these formalities by sending a registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be deemed to have been terminated on receipt by the seller of the letter or written document informing them of this termination, unless the seller has performed in the meantime. The purchaser may, however, cancel the contract immediately if he considers the dates or deadlines referred to above to be an essential condition of the contract.

In this case, when the contract is canceled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was canceled. If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of canceling the order. The purchaser will then have the choice of requesting either:

  • a refund of the sums paid within 14 days of their payment, or
  • an exchange of the product.



Article 12 - Delivery terms

Delivery refers to the transfer of physical possession or control of the goods to the consumer, and the products ordered are delivered in accordance with the methods and times specified above. The products are delivered to the address indicated by the purchaser on the order form; the purchaser must ensure that this address is accurate. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The purchaser may request that the invoice be sent to the billing address instead of the delivery address by selecting the relevant option on the order form.

If the original packaging is damaged, torn, or open at the time of delivery, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the parcel and indicate this on the delivery note (e.g., "parcel refused due to damaged product(s)"). The purchaser must note any anomalies concerning the delivery (such as damage, missing products compared to the delivery note, damaged parcels, or broken products) on the delivery note with handwritten reservations, accompanied by his/her signature. This verification is deemed complete once the purchaser or an authorized representative has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered letter within two working days of receiving the item(s) at the latest, and send a copy of this letter by post to the seller at the address given in the site's legal notice. If the products need to be returned, the purchaser must submit a return request to the seller within 14 days of delivery. Any claims made outside this period will not be accepted. Products must be returned in their original condition (unworn, with packaging, labels, and accessories intact).

Article 13 - Delivery errors


The purchaser must notify the seller of any claim regarding errors in delivery and/or non-conformity of the products in kind or quality compared to the information provided on the order form. This notification must be made on the day of delivery or, at the latest, on the first working day following delivery. Any claims made after this deadline will be rejected and should be submitted by e-mail to contact@alpho.fr.

Any claim not submitted according to the rules outlined above and within the specified time limits will be disregarded, releasing the seller from all liability towards the buyer. Upon receiving the claim, the seller will assign an exchange number for the affected product(s) and communicate it via e-mail to the buyer. A product can only be exchanged after an exchange number has been assigned.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging. Returns should be made via Colissimo Recommandé to the following address: 10 Bis Rue Jean Pigeon, 94220 Charenton-Le-Pont, France. Please note that return shipping costs will be the responsibility of the buyer.


Article 14 - Product warranty


14-1 Legal Guarantee of Conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-3 et suivants du Code de la consommation français. In the event of a claim under the legal guarantee of conformity, the following conditions apply:

  • The buyer has a period of 2 years from the date of delivery of the goods to take action.
  • The buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the French Consumer Code.
  • For new goods, the buyer does not have to provide proof of non-conformity during the 24 months following delivery; this period is reduced to 12 months for second-hand goods.

14-2 Legal Guarantee Against Hidden Defects

In accordance with Articles 1641 et suivants du Code civil français, the seller is liable for any hidden defects affecting the sold goods. The buyer must prove that the defects existed at the time of sale and rendered the goods unfit for their intended use. This warranty must be invoked within two years from the date the defect is discovered. The buyer may choose to either rescind the sale or request a price reduction, as stipulated in Article 1644 of the French Civil Code.

Article 15 - Right of Withdrawal

Application of the Right of Withdrawal

In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of his/her order to return any item that does not meet his/her expectations and request an exchange or refund without penalty, except for return costs, which remain the responsibility of the purchaser. Returns must be made in their original condition, including unworn status, original packaging, labels, and accessories, to enable remarketing as new. The return should be accompanied by the purchase invoice. Damaged, soiled, or incomplete products will not be accepted for return. The exchange (subject to availability) or refund will be made at the latest within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for:

  • The supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • The supply of goods tailored to the consumer’s specifications or clearly personalized;
  • The supply of goods likely to deteriorate or expire rapidly;
  • The supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
  • The supply of goods that, after delivery and by their nature, are indissociably mixed with other items;
  • The supply of alcoholic beverages whose delivery is deferred for more than thirty days, the value of which is agreed upon at the conclusion of the contract and depends on fluctuations in the market beyond the control of the trader;
  • Maintenance or repair work to be urgently carried out at the consumer's home, expressly requested by the consumer, limited to spare parts and work strictly necessary to address the emergency;
  • The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • The supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
  • The supply of digital content not supplied on a tangible medium, where performance has begun after the consumer has given their express prior consent and expressly waived their right of withdrawal.

Article 16 - Force Majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties, and which cannot be avoided by the parties despite all reasonable efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks, or difficulties specific to telecommunications networks external to customers.

The parties shall convene to assess the impact of the event and agree on the conditions under which the contract will continue to be performed. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.

Article 17 - Intellectual Property
The content of the website remains the exclusive property of the seller, who alone holds the intellectual property rights to this content. Buyers undertake not to use this content; any total or partial reproduction is strictly prohibited and may constitute an infringement of copyright.

Article 18 - Data Protection
The personal data provided by the purchaser is required to process the order and issue invoices. It may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders. The buyer has a permanent right of access, modification, rectification, and opposition regarding his/her information. This right may be exercised under the terms and conditions defined on the alpho.fr website.

Article 19 - Partial Non-Validation
If one or more stipulations of these general terms and conditions are held to be invalid by law, regulation, or a final decision by a competent court, the other stipulations will retain their full force and scope.

Article 20 - Non-Waiver
The fact that one of the parties does not take advantage of a breach by the other party of any obligations referred to in these general terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.

Article 21 - Titles
In the event of any difficulty in interpretation between the titles appearing at the head of the clauses and the clauses themselves, the titles shall be considered non-existent.

Article 22 - Language of the Contract
These general terms and conditions of sale are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 23 - Mediation and Dispute Resolution
The purchaser may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute. In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable Law
These general terms and conditions of sale are subject to French law. The competent court shall be the court of law. This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer shall first contact the seller to seek an amicable solution.

Article 25 - Protection of Personal Data
Data Collected
The personal data collected on this site includes:

  • Account Opening: When the user's account is created, the user's surname, first name, email address, and telephone number are required.
  • Connection: When the user connects to the website, it records, in particular, the surname, first name, connection data, usage data, location data, and payment data.
  • Profile: When using the services provided on the website, a profile is created, which may include an address and telephone number.
  • Payment: When paying for products and services offered on the website, the website records financial data relating to the user's bank account or credit card.
  • Communication: When the website is used to communicate with other members, data relating to the user's communications is temporarily stored.
  • Cookies: Cookies are used as part of the use of the site. Users can deactivate cookies via their browser settings.

Use of Personal Data
The personal data collected from users is used to provide and improve website services and maintain a secure environment. More specifically, it is used for the following purposes:

  • To provide access to and use of the website by the user;
  • To manage the operation and optimization of the website;
  • To organize the conditions of use of payment services;
  • To verify, identify, and authenticate data transmitted by the user;
  • To offer the user the possibility of communicating with other users of the website;
  • To provide user assistance;
  • To personalize services by displaying advertisements according to the user's browsing history and preferences;
  • To prevent and detect fraud, malware, and manage security incidents;
  • To manage any disputes with users;
  • To send commercial and advertising information according to the user's preferences.

Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:

  • When the user utilizes the payment services, the website has relationships with third-party banking and financial companies with which it has contracts.
  • When the user publishes information accessible to the public in the free comment areas of the website.
  • When the user authorizes a third-party website to access his/her data.
  • When the website utilizes the services of providers to offer user support, advertising, and payment services. These providers have limited access to user data to provide these services and are contractually obligated to use it in accordance with applicable regulations on personal data protection.
  • If required by law, the website may transmit data to address claims made against it and to comply with administrative and legal procedures.
  • If the website is involved in a merger, acquisition, sale of assets, or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any transfer of personal data to a third party.

Security and Confidentiality
The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the Internet.

Implementation of Users' Rights
Pursuant to applicable regulations on personal data, users have the following rights, which they may exercise by sending a request to the following address: alpho@contact.fr.

  • Right of Access: Users may exercise their right of access to their personal data. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
  • Right of Rectification: If the personal data held by the website is inaccurate, users may request that the information be updated.
  • Right to Deletion of Data: Users may request the deletion of their personal data in accordance with applicable data protection laws.
  • Right to Restrict Processing: Users may ask the website to restrict the processing of personal data in accordance with the conditions set out in the GDPR.
  • Right to Object to Processing: Users may object to their data being processed in accordance with the provisions of the GDPR.
  • Right to Portability: Users may request that the website return the personal data provided to them in order to transfer it to a new website.

Changes to This Clause
The website reserves the right to amend this clause on the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email at least 15 days before the effective date. If users do not agree with the terms of the new wording of the personal data protection clause, they may delete their account.

Appendix: Consumer Code
Article L. 217-4: “The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.”

Article L. 217-5: “Goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:

  • If they correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
  • If they have the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
    2° Or if they have the characteristics 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 the latter.”

Article L. 217-6: “The seller is not bound by the public statements made by the producer or his representative if it is established that he was not aware of them and was not legitimately in a position to be aware of them.”

Article L. 217-7: “Defects in conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.”

Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, he may not dispute conformity on the grounds of a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials that he himself supplied.”

Article L. 217-9: “In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice would result in a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.”

Article L. 217-10: “If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is available to the buyer:
1° If the solution requested, proposed, or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and their intended use. However, the sale may not be rescinded if the lack of conformity is minor.”

Article L. 217-11: “The provisions of articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer. These same provisions do not preclude the award of damages.”

Article L. 217-12: “Actions resulting from a lack of conformity shall be barred after two years from the delivery of the goods.”

Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to bring an action arising from hidden defects as set out in articles 1641 to 1649 of the Civil Code, or any other action of a contractual or extra-contractual nature recognized by law.”

Article L. 217-14: “The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.”

Article L. 217-15: “The commercial guarantee refers to any contractual commitment by a professional to the consumer to reimburse the purchase price, replace or repair the goods, or provide any other service in relation to the goods, in addition to his legal obligations to guarantee the conformity of the goods. The commercial guarantee is the subject of a written contract, a copy of which is given to the purchaser. The contract specifies the content of the guarantee, how it is to be implemented, its price, duration, territorial scope, and the name and address of the guarantor. It must also clearly state that, independently of the commercial guarantee, the seller remains liable for the legal guarantee of conformity referred to in articles L. 217-4 to L. 217-12 and the guarantee relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the Civil Code. The provisions of articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to avail himself of it.”

Article L. 217-16: “When the buyer asks the seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable item, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if this is after the request for service.”

French Civil Code

Article 1641:
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it if he had known about them.”

Article 1648:
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or ‘apparent’ lack of conformity.”