Article 1 – Presentation and fields of application

SOHELIE is a limited liability company with a capital of €1,000, registered in France under company number 920 007 416 and with head offices located at 32 Avenue Rhin et Danube, 34110 Frontignan, France. Our VAT number is: FR71920007416
The Company manufactures and markets leather goods (the Products) under the brand name ALAMENCIA;. These are offered for sale on the Website.
The use of the Website and the purchase of the Products offered on the Website are subject to these General Terms and Conditions of Sale and Use (the GTCU). The GTCU apply, without restriction or reservation, to all sales and orders agreed on the Website between the Company and the non-professional buyer (the Customer) wishing to acquire the Products. Any purchase of Products on the Website constitutes, on the part of the purchaser (the Customer), an unreserved acceptance of the GTCU as detailed here. The Customer declares that they have read these GTCU and accepted them by ticking the box provided for this purpose prior to the online ordering procedure on the Website going ahead.

The Company reserves the right to adapt or alter these GTCU at any time. In the event of modification, the GTCU in force on the day of any order shall apply. These GTCU are accessible at any time on the Website and the Customer may ask the Company to send them a durable version of the GTCU by emailing the following address: contact@alamencia.com.

The Website is accessible 7 days a week and 24 hours a day, except during maintenance or in the event of a force majeure, possible breakdowns or any other event beyond the Company's control. In order to access it, all persons must have an Internet connection.

Should the Website malfunction, the Company undertakes to make every effort to carry out the necessary repair operations as soon as possible, without being bound by any obligation to achieve this result.

Article 2 – Products sold on the Website

2.1 Product Features

Product features and, in particular, the description, any specific details, sizes, materials and place of manufacture are presented on the Website for information purposes only.

The Company reminds the Customer that the photographs, texts, graphics, information and features reproduced and illustrating the Products displayed on the Website are non-binding.

In the event of errors and/or omissions, the Company may not be held liable. The Company reserves the right to modify them at any time and without notice. The choice and purchase of a Product are the sole responsibility of the Customer.

2.2 Availability of Products

The Products presented on the Website are offered for sale in the following countries: mainland France (as well as Corsica), Germany, Belgium, Spain, Italy, Luxembourg, Monaco, the Netherlands and Portugal. The Products and prices are valid as long as they are displayed on the Website, while stocks are available.

If the Product displayed on the Website is not available at the time of the Customer’s visit, the Customer may, by providing their email address in the box reserved for this purpose, be informed, by email, when it becomes available.
The Customer is informed that the Company is under no obligation to make available for sale again or resume manufacturing of Products that are not available and/or out of stock.

The Company shall not be held liable in any way in the event of a stock shortage or the unavailability of the Product(s).
The Company reserves the right to limit the number of orders per Customer for a given Product. Orders received will be accepted within the limits of the available stock of each Product.

In the event that the unavailability of the Product is noted after the order has been placed, the Company will inform the Customer by email or telephone (which will have been communicated as part of the information relating to the Customer during ordering) as soon as possible and will offer the Customer the following solutions:
– An exchange for a Product of the same price;
– Full cancellation and refund of the order.

In this case, the Company will credit the same bank account the Customer used to place the order within a maximum of 14 days.

Article 3 – Orders

3.1 Terms and Conditions for ordering Products

Orders placed on the Website are reserved for private customers who are of legal age, are legally competent and who have a bank card.
The resale or distribution of Products purchased on the Website is strictly forbidden.
It is up to the Customer to select the Product(s) they wish to order on the Website, using the following procedure:
– After selecting the Product (and, if applicable, its size, colour and material), the Customer adds it to their basket. Once in the basket, the Product(s) are  reserved for a period of 60 minutes.
– The Customer may consult the contents of their basket and make any changes such as removing or adding Products to the basket.
– If the Customer wishes to purchase the Products, they check the details of their basket and, once satisfied everything is correct, they validate it.
– Once the basket has been validated, the Customer will have access to a new page, summarising the Product(s), their amount including VAT and the total amount including VAT of the order, and they will be invited to choose their delivery method and indicate their contact details.
The fields marked with an asterisk (*) are mandatory fields, it being specified that unless otherwise indicated by the Customer, the delivery address will be used as the default billing address.
– Delivery costs, which will depend on the country of delivery chosen, will be indicated.
– When validating the order summary, the Customer will be invited to expressly accept the GTCU in force on the Website by ticking the box provided for this purpose. Failure to accept the GTCU will prevent the order process from continuing.
– After validation of the order, the Customer will be redirected to the payment page. Payment is made online by credit card only. The Customer’s final acceptance is therefore made good by them validating their bank details (name on the card, card number, expiry date and cryptogram).

– The sale will only be completed and the contract concluded after payment in full of the price of products purchased.
– Once the payment has been made, the Customer will be redirected to an order confirmation page, with an order number. Here they will find a summary of the Products ordered, the price paid and the delivery method chosen.
A confirmation email containing the same information will also be sent to the Customer at the same time, to the email address indicated at the time of ordering. It is the Customer’s responsibility to check the accuracy and completeness of the order and the information provided and to immediately report any errors to the Company, by telephone or by email to contact@alamencia.com. The Company may not be held responsible for any input errors and any resulting delays or delivery errors.
Any order placed and completed on the Website constitutes the creation of a contract between the Company and the Customer.
The Customer may track the progress of their order (preparation, dispatch and delivery tracking) on the Website, through their Customer Account (the “Account”).
The Customer will receive an email as soon as the order is sent, which will contain the delivery tracking link. The preparation time for orders is a maximum of 48 working hours, subject to the availability of the Products ordered. Preparation times may be extended exceptionally in periods of increased activity, temporary stock shortages or in cases of force majeure. Preparation times are not included in the delivery time. The transfer of ownership of the Products from the Company to the Customer shall only be made after payment in full of the order.

3.2 Refusal of an order by the Company

The Company reserves the right to cancel or refuse any order from a Customer in the event of:
– A dispute relating to a previous order;
– A dispute with a Customer;
– Improper or fraudulent claims;
– Improper or fraudulent exchanges and returns;
– Orders for Products in excess of the maximum quantity allowed;
– Orders detected by our security systems as unusual or fraudulent;
– Suspect/incorrect bank details provided;

– An inability to deliver the package to the address provided (the price of the Product will be refunded but the Customer will remain liable for any delivery charges).

3.3 Proof of Order

The Company recommends that the Customer keep a record on paper or on a reliable computer medium of the data relating to their order.

The Customer may retrieve past, current or dispatched orders in their Account on the Website.
If the Customer does not have an Account, they may request one from the Company by emailing contact@alamencia.com and providing proof of their identity.

In the absence of proof to the contrary, the information and data contained in the Account on the Website (i.e. the Company’s computer system) will be considered proof of communications and transactions (orders and payments) between the parties.

3.4 Terms of Payment

The price of the Products is paid by credit card, by means of a secure payment via our banking service provider. Payments are made via the secure Stripe system, which uses the SSL (Secure Socket Layer) protocol, so that the information transmitted is encrypted by software and no third party can gain knowledge of it during transmission through the network. The Customer is liable for the total sum of the order on the day the order is placed.

The Customer’s bank account corresponding to the bank card used for payment is debited on the day the order is confirmed by the Company.
In the event of non-payment, an incorrect address or any other problem with the Customer’s account, the Company reserves the right to suspend the order and/or delivery of it until the problem is resolved.

Article 4 – Customer Account

The Customer is not required to set up an Account in order to place an order on the Website. However, particularly when placing a first order, the Customer will be offered the opportunity of creating an account (personal space) on the Website (the “Account”) free of charge. The purpose of this Account is to save information about past and current orders, billing and delivery information.

The creation of an Account implies acceptance of the GTCU in force on the day the Account is created.
If the Customer wishes to set up an Account, they will need to fill out the form first made available to them the first time they placed an order. The Customer must commit to all information regarding their legal status and contact details being honest and accurate. The Customer is responsible for updating the information provided. They can modify it by connecting to their Account.

The Customer can, via their Account, consult their past or current orders and manage the information concerning them (surname, first name, email address, postal address and telephone). To access their Account, the Customer must identify themselves using their identifiers, i.e.: their email address and a password that they have chosen. These identifiers are strictly personal.

The Customer shall refrain from disclosing or communicating their identification details to third parties. Should the Customer fail to do so, they shall remain solely liable for any use made of said details and any order placed on the Website using the Customer’s identifiers shall be deemed to have been made by the Customer.

In the event of loss, theft or any fraudulent use of their identifiers, the Customer must inform the Company immediately by email at contact@alamencia.com. The Customer may also request the removal of their Account by going to the dedicated page in their personal space or by sending an email to contact@alamencia.com. This will be effective within a reasonable period of time.

In the event of non-compliance with the GTCU, the Company may suspend or even close a Customer’s Account after a formal notice has remained unanswered. Any removal of an Account, for whatever reason, will result in the pure and simple deletion of all personal information about the Customer.

The Company shall not be liable for any event due to a force majeure resulting in the malfunctioning of the Website or server and subject to any interruption or modification in the event of maintenance.

Article 5- Prices

The Products are invoiced to the Customers in accordance with the prices displayed on the Website at the time of the order. Prices are given in Euros (€), including all taxes (TTC), for France and the countries of the European Union, excluding delivery costs.

In the event that the Website is consulted by a Customer from a country outside the European Union, the prices will then be displayed in Euros (€) but excluding taxes (HT).

Any taxes, duties, customs duties or any other additional costs to be paid are to be borne by the Customer. Delivery costs are invoiced in addition to the Price (under the conditions indicated in Article 3.1 – Product ordering procedure and Article 6 – Delivery). The Company reserves the right to modify the prices of the Products offered on the Website at any time and without notice. An invoice is drawn up by the Company and will be delivered to the Customer at the same time as the Products ordered.

Article 6 – Deliveries

The Products ordered by the Customer can be delivered to mainland France (and Corsica) or to the following countries: Germany, Belgium, Spain, Italy, Luxembourg, Monaco, the Netherlands and Portugal.
The delivery costs are to be paid by the Customer.

The carrier used for delivery to a relay point is:
– Chrono Relais for France (excluding Corsica)

The carrier used for home delivery is:
– Chronopost for France (except Corsica)
– Colissimo for Corsica
– Chronopost for other delivery areas (Germany, Belgium, Spain, Italy, Luxembourg, Monaco,
Netherlands and Portugal)

Delivery costs are as follows:
– Mainland France (excluding Corsica): €5 (Chrono Relais)
– Mainland France (excluding Corsica): €8 (home delivery)
– Corsica: €15 (home delivery)
– Germany, Belgium, Spain, Italy, Luxembourg, Monaco, Netherlands and Portugal: €20
(home delivery)

Delivery is made to the address indicated by the Customer at the time of ordering, and packages must be signed for.
In the event of absence, the Customer will be invited by the carrier to choose a new delivery date.

Upon delivery, the Customer is required to check the conformity and condition of the Products delivered and to refuse delivery if the package is damaged.

For any anomaly concerning the delivery such as loss of a package, a delivery dispute or
reception of a damaged package or missing and/or damaged Products, the Customer must:
– Mention these anomalies on the carrier’s delivery slip
– Inform the Company as soon as possible, and within no more than 72 hours of delivery, by email to contact@alamencia.com and send all the relevant documents (in particular photos) and any document that may be requested by the Company in order to carry out the necessary inquiry into the carrier’s responsibility (in particular a non-receipt certificate).

After this period of 72 hours and if these formalities are not respected, the Products will be deemed to conform and be free of any apparent defect and no claim will be validly accepted by the Company.
In the event of non-conformity of the Products purchased, or if they do not satisfy the Customer, the latter may return them and request reimbursement of the Products under the conditions set out in Article 7 “Right of Retraction – Returns – Refunds” below.

Article 7 – Right of Retraction – Returns – Refunds

Return requests must be made by email to contact@alamencia.com.

The email must contain the following elements:
– The subject line of the email must read: “Product return”
– Order number
– Customer’s name
– Delivery address
– Delivery date
– Customer’s email address
– Reason for return: exercising the right of retraction, non-conforming product, damaged product.
Return address: SOHELIE – Alamencia, 32 Avenue Rhin et Danube, 34110 FRONTIGNAN, France

The Customer may also return the Products by making a retraction request using the retraction form in the appendix to the GTCU, within 14 days of delivery (Article L.221-18 of the French Consumer Code), without having to give reasons for their decision.

Once the email or the retraction request has been received and processed by the Company, the Company will send the Customer a free “return form”. The Customer will be required to download and print the return form and stick it on the package containing the Product(s) to be returned.

7.2 Returns and refunds

The free return forms only concern returns from mainland France (excluding Corsica) to mainland France (excluding Corsica).
The Customer will not be refunded the costs of any shipment made by the Customer without going through the return process, but will be liable for said costs.
It is the Customer’s responsibility to ensure adequate packaging and to protect the Product so that it is not damaged during transport. The Product must not have been worn. The returned Products must be new, clean, unused, unworn/used and in their original packaging, with labels allowing them to be resold as new, and accompanied by the purchase invoice. Any Product returned soiled and/or damaged by the Customer will not be taken back or refunded. Upon receipt of the package, the Company will determine whether the returned Product(s) are in perfect condition or not. No returns will be accepted if the Products have been visibly used or damaged by the Customer or through their original packaging, such use or damage rendering the Products unfit for resale.

If the return is accepted, the refund of the returned Products will be made by crediting the bank account corresponding to the bank card used for payment within no more than 14 days of receipt of the returned items.
Please note that we will not be able to refund the delivery charges for your order. If the return is refused for any of the above reasons, the Products will be returned to the Customer. The Customer will not be able to claim any compensation or right to a refund, with the exception of the subsequent exercise of their warranty rights on the products sold.

7.3 Returns and refunds in case of non-conforming Products

The Customer must submit an email to the Company, to contact@alamencia.com, for any claim relating to an error in delivery and/or non-conformity of the Products in relation to the indications on the purchase invoice and the order (error in reference, colour or damaged Product, etc.) within no more than 72 working hours following delivery.

Any claim made after this deadline will be rejected. Upon receipt of the complaint, the Company will issue a free return form to the Customer. The Customer will be required to download and print the return form and stick it on the package containing the Product(s) to be returned.

Article 8 – Legal guarantee concerning conformity and latent defects

The Products are subject to a legal guarantee concerning conformity and latent defects.
The Company reminds Customers of the following articles:

– Latent defects warranty

o Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects in the item sold which render it unfit for the use for which it was intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would only have paid a lower price for it, if they had known about them.

o Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer 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 discharged from the apparent defects.

– Guarantee of conformity

o Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when they were made liable for the latter by the contract or the latter was carried out under their liability.

o Article L211 -5 of the Consumer Code
To be in conformity with the contract, the goods must:
1° Be fit for the purpose 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;
– Have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or their representative, particularly in
advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

o Article L211-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the product.

Article 9 – Personal Data

9.1 Personal Data Protection

Within the framework of the GTCU, the Company undertakes to comply with the provisions of the French Data Protection Act of 6 January 1978 (No. 78-17) as amended by the Act of 20 June 2018 on personal data protection, as well as Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the General Data Protection Regulation (GDPR)) in the processing of the personal data to which they have access.

9.2 Confidentiality of Personal Data

The Customer is informed that the Company reserves the right to collect and process personal and nominative data about the Customer.
The collection and processing of this personal data is necessary for the sale of the Products by the Company, for the improvement of the functioning of the Website and for transmission to third parties for the purposes of payment and delivery of the Products. In accordance with the GDPR, the Customer has the right to access, rectify, modify and
delete their data. All information concerning the collection, processing, storage and rights of access, rectification and deletion of the Customer’s personal data, as well as cookies and the sending of newsletters, is described in greater detail in the Privacy Policy.

The Privacy Policy can be accessed by following this link: Privacy policy or on the Website, in the corresponding tab.

Article 10 – Intellectual Property

The Company is the owner or holder of the right to distribute the photographs and elements on the Website.
All the elements contained on the Website are the exclusive property of the Company and are protected by French and international intellectual property laws. Any reproduction of this content, in whole or in part, by any means whatsoever, is strictly prohibited and is likely to constitute an infringement of copyright.

The ALAMENCIA brand and all the logos displayed on the Website, as well as the domain name alamencia.com, are and will remain the property of the Company. Any use, reproduction, modification, distribution or transmission of this brand without the Company’s express prior consent is strictly prohibited.

Article 11 – Force Majeure

In the event of a force majeure as defined by case law, the performance of the Company’s services may be suspended in whole or in part. A force majeure is defined as any external, unforeseeable and insurmountable event preventing the Company from fulfilling its contractual obligations. Should a force majeure as defined in the previous paragraph occur, the Company undertakes to inform the Customer as soon as possible in order to find an appropriate solution.

Article 12 – Limitation of Liability

The Company shall not be held liable for any inconvenience or damage inherent to the use of the Internet network (breakdown in service, external intrusion or computer viruses, etc.). It is the responsibility of any person browsing the Website to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

Any person browsing the Website does so under their sole and full responsibility. The Company’s liability in respect of any Product purchased on the Website is strictly limited to the purchase price of the Product.

The Company shall not be liable for any of the following losses, regardless of their origin:
– Loss of income or sales
– Loss of business
– Loss of profits or contracts
– Loss of anticipated savings
– Loss of data
– Loss of work or management time
– Image damage
– Loss of opportunity
– Moral prejudice.

The documents, photographs, descriptions and information relating to the Products appearing on the Website are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law. The Company is only obliged to deliver Products that comply with contractual provisions.

Article 13 – Applicable law – Disputes

The present GTCU and the transactions resulting from it are governed by and subject to French law. These GTCU are written 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. In the event of a dispute, the Customer shall first contact the Company in order to try to find an amicable solution.

The Customer is informed that the Company has a “Complaints” department which can be contacted by email at the following address: contact@alamencia.com In accordance with Articles L.611-1 et seq. and R. 616-1 of the French Consumer Code, the Customer, in their capacity as a consumer, has the right to have recourse, free of charge, to a consumer mediator with a view to resolving the dispute amicably. The mediation body chosen is: CM2C (Centre de la médiation de la consommation). It should be contacted via the website: https://www.cm2c.net.

The Customer may also propose an amicable resolution through the European Commission’s online dispute resolution platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the event of failure to find an amicable solution to the dispute, the dispute will be submitted to the exclusive jurisdiction of courts under the jurisdiction of the Montpellier Court of Appeal. This will be the case for summary proceedings, proceedings on the merits of the case, an appeal under guarantee or multiple defendants.