G.T.S / GENERAL TERMS OF SALES OF THE WWW.AVELLINO.FR SITE

 

 

The site is reachable at the address www.avellino.fr (hereafter the so called « Site ») is edited and exploited by the SARL DEMESPIES– 8.000€ capital / Headoffice: ZAC Claude Monet – 22, Allée des Sablières – 78290 Croissy Sur Seine (hereafter the so called “Demespies”)

Registered on the RCS of Paris – SIRET N° 439 197 120 00017,

European VAT N° FR20 439 197 120

 

The general conditions of sale and use of the www.avellino.fr site, in particular concerning orders, implies the full acceptance of the below general terms hereunder described to any user of the site (hereafter the so called “Customer”).

The Customer is invited to read carefully the general conditions, to load and/or print them and to keep a copy of it.

 

The Customer acknowledges:

 

- That any purchase on the Site has no direct link with its professional activity and is limited to a strictly personal use.

 

- That he has the full legal capacity, which allows him to commit himself with the general terms of sale

That he has his main home in France or in Europe in the following countries: Austria, Belgium, Denmark, Finland, Germany, Great Britain, Holland, Ireland, Italy, Luxemburg, Norway, Portugal, Spain, and Sweden. For any other country please contact us by e-mail service-client@avellino.fr

 

Demespies has the right to modify the General conditions at any time.

 

 

AIM OF THE SITE

 

The aim of the Site is in particular:

 

- to present customers the products designed and made by Demespies and sold under the “Avellino” brand (hereafter the so called “Products”).

 

- to allow customers in France or in Europe in the following countries: Austria, Belgium, Denmark, Finland, Germany, Great Britain, Holland, Ireland, Italy, Luxemburg, Norway, Portugal, Spain, and Sweden, to buy products and to have them delivered at the address of their choice.

 

 

PRODUCTS PRESENTATION

 

Products presented on the Site are possibly proposed for sale under available stocks limits and under sales conditions, especially prices conditions. Demespies may modify the Products presented on the site at any moment and without warning notifications; the related commercial conditions being the current ones at the time of the order acceptance.

 

Demespies highly cares about the Products’ presentation and description. Despite this fact, if no substantial errors or if some omissions would appear on the Site, Desmespies can not be held responsible for it.

 

Demespies does its best to post the Products’ characteristics (especially material and colours characteristics), as precisely as possible. Nevertheless, the way they are presented does not allow Demespies to be able to guarantee the Products will be strictly in conformity with the picture.

 

 

 

ORDERS

 

To be able to place an order, the Customer must fill in a registration form, which can be found on the Site.

 

The orders placed on the site must follow a particular procedure to valid the different steps followed by the Customer to create his basket (hereafter the so called “Basket”) finalise his order, and in particular: give his complete whereabouts as well as delivery address, check his order and if necessary correct it, accept the General Sales Conditions, validate and pay his order.

 

A confirmation email with a resume of the order and pre contractual information will be sent by Demespies to the Customer in a maximum deadline of 2 working days as from the order’s registration. The Customer has to agree the use of e-mail for his order confirmation. If the product might not be available, Demespies undertakes to inform the Customer as soon as possible. The customer will be proposed a credit note or the reimbursement of his purchase.

 

The fact that a product is not available can not involve the responsibility of Demespies, nor can it open to any right of compensation or damages in favour of the customer.

 

Demespies might not accept a customer’s order with whom there is a dispute on a previous order, or if Demespies reasonable considers that a customer broke the General Terms of Sales, or any other justified motive.

 

 

PRICE

 

The prices of Products are indicated in Euros on the Website. The price is all taxes included (VAT current tax in France) and without transport charges.

 

The transport charges will be indicated in the customer’s basket before validation of the order.

 

The Products that will be delivered out of France may be submitted to other taxes, customs duties, other local or import taxes depending on the territory. The Customer will be charged those extra costs.

 

Demespies may modify the prices at any moment and without warning notifications. The products will be invoiced on the basis of the indicated tariffs when the order is registered.

 

 

PAYMENT

 

The payment is secured and can be done by credit card through the electronic banking solution Paypal. Credit cards from banks out of France must be international credit cards.

 

The amount of the order is debited from validation of the order on the website by the Customer.

The fact to give the credit card number implies an automatic authorization to debit the customer’s account from the related amount.

 

The bank account number of the Customer is never given to Demespies.

 

To help ensure that the shopping experience is safe, simple and secure AVELLINO uses Secure Socket Layer (SSL) technology. This encrypts and protects the data send to us over the internet. If SSL is enabled then padlock can be seen at the top of the browser and one can click on this to find out information about the SSL digital certificate registration.

It can also be noticed that when one looks at the location (URL) field at the top of the browser, it begins with 'https:' instead of the normal 'http:'. This means that the mode is secured.

 

Demespies accepts international Visa, MasterCard.

The Customer can also choose to pay with PayPal. When selecting this option at checkout, the Customer will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, the Customer will then return to www.avellino.fr.

 

The amount of the order is sold from the validation of the order. The fact of supplying the bank card’s numbers gives the authorization to debit the customer’s account according to the amount of the order.

Desmespies is never in possession of his customers banking details and numbers.

 

 

DELIVERY

From validation of the payment, the order processing done by Demespies is evaluated to 3 working days. Depending on the Customer’s choice when ordering, the delivery is either a “stardart” delivery (estimated to about 4 working days) or an “express” delivery (estimated to about 2 working days). Demespies cannot be held responsible for a late delivery from the carrier.

 

Products are being delivered at the delivery address indicated by the customer when he has registered his personal data. The delivery address can not be a hotel nor a mail box. The products will be delivered to the address indicated as shipping address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by avellino.fr and transfer of responsibility in the same way. 

 

The delivery costs are charged to the Customer according to the prices indicated when ordering and choosing the delivery.

 

 

RIGHT TO WITHDRAW

 

The Customer has the right to withdraw within 14 days and being reimbursed of the products he ordered. The Customer can also benefit froma credit note corresponding to his order. In order to exercise this right to withdraw, the Customer has to send an e-mail to service-client@avellino.fr beforehand, indicating the order number, the products involved, and the picking up address. Then the Customer will receive a confirmation email with a return authorisation and a prepaid slip to be printed and placed on the transport packaging. The Products must be sent back in their original packaging. The Customer will have to get in contact with the UPS phone service of customer’s country for the picking up of the goods.

 

The right to withdraw is only valid for Products:

 

- In perfect condition: any worn, modified, damaged Product cannot be part of the right to withdraw.

Thus, shoes must be tried on inside and clean floor (never outdoor) and must be returned with the protective film on the outside sole and without any mark.

in the original packaging*

 

- Improper returns of the products will not be accepted, will be send back to Customer and won’t give right to reimbursement.

 

The Customer will then be reimbursed within 14 days as from his right to withdraw or will receive a credit note.

The refunding will be done on the credit card’s customer.

 

 

 

 

PRODUCTS CONFORMITY

 

The Customer undertakes to notify to Demespies (by e-mail service-client@avellino.fr) any hardship bound to his order (missing Product, damaged parcel, conformity defect…) within 3 days after reception of the Products.

 

In case of a product conformity defect, the Customer can return it following the same procedure as the one given at the paragraph “Right to withdraw” above and can require the refundment of his product.

 

A product being damaged due to normal wear and tear cannot be considered as defective. Demespies does not proceed to any exchange of product. If he wants to, the Customer can place a new order on the website.

 

 

LEGAL GUARANTEE

 

Demespies must guarantee the Products conformity according to the legal guarantee mentioned in the articles L 211-4 à L.211-13 of the consumption code and the one concerning defects on sold Products, and according to the conditions described in the Civil Code, articles 1641 from 1648 and 2232.

 

 

CONFIDENTIALITY AND PERSONAL DATA

 

Demespies uses all possible means to assure the confidentiality and security of the customer’s data, which have been collected through the website.

 

The collected data are necessary to implement the orders and are treated through IT processing. Thus, some information about the Customer may be communicated to technical providers or subcontractors of Demespies. The customer can be against the possible transfer of personal data to a third part. In that case it can be a barrier to the treatment of his order.

 

Besides the orders processing, the Customer’s data can be used by Demespies and its partners for:

 

- Informing the customers of sales or events to come.

 

- Strengthen and personalized the communication between Demespies and the Customer by sending various information about the Products, the brand Avellino, the online publishing of new contents.

 

Demespies will use other technical means to get non personal information relative to Internet users and intended to improve the site’s functionalities (for example by counting the number of visitors on certain pages of the Site).

According to the “computer and liberty” law N° 78-87 of January 6th, 1978, the law N°2004-801 of August 6th 2004, the article L. 226-13 of the Penal code and the European Directive of October 24th 1995, the Customer has access and has the right of modification, correction, opposition, and lifting on his personal data. He can exercise his right on the Site in the section “My account”, by e-mail contact@avellino.fr or by mail DEMESPIES – ZAC Claude Monet – 22, Allée des Sablières, 78290 Croissy sur Seine.

 

This IT processing has been declared to the National commission for information technology and civil liberties (CNIL Commission Nationale de l’Informatique et des Libertés), under the number 1890705.

 

 

HYPERTEXTS’ LINKS & COOKIES

 

The www.avellino.fr site has a number of hypertexts links towards other sites set up the authorization of AVELLINO. However, AVELLINO can not check the content of all sites visited and thus, can not be held responsible.

Surfing on the www.avellino.fr website may cause the settlement of cookies on the user’s computer. The refusal of a cookie settlement may prevent the user from using some services of the site. However, to refuse the settlement of cookies, the user can configure his computer.

 

WHAT ABOUT COOKIES?

 

Our site uses cookies (very small files that are sent by us to your computer or other access device) which we can access when you visit our site in future.

 

There are four types of cookies:

 

Website functionality cookies

 

These cookies enable you to browse the website and use our features such as shopping baskets and wish lists.

 

Website analytics cookies

 

We use these cookies to measure and analyse how our customers use the website. This allows us to continuously improve our website and your shopping experience.

 

Customer preference cookies

 

When browsing or shopping online, the website will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.

 

By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future.

 

If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.

 

Information on deleting or controlling cookies is available atwww.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

 

 

INVITATIONS

 

Any inscription on the on the Site involves an inscription to the collections’ invitations. The customer can cancel his subscription to the Newsletter at any time by contacting the Publication Director by e-mail contact@avellino.fr.

 

 

INTELLECTUAL PROPERTY

 

The contents published or available on the Site (brand, logo, models, photos, drawings) are the exclusive property of Demespies or of its partners/ suppliers.

 

No reproduction or representation, even part of it, can take place without beforehand written consent of Demespies (see articles L. 335-2 et followings, of the Intellectual Property Code).

 

 

APPLICABLE LAW AND DISPUTES SETTLEMENT

 

The present conditions correspond and are interpreted according to the French law.

In case of dispute, we will do our best to find a friendly solution before any legal action that would be under the jurisdiction of the Tribunal de Paris. The Customer can ask for a conventional mediation or any other alternative dispute settlement. The Customer can also send any claims to customer service of Demespies by email service-client@avellino.fr

 

 

LEGAL NOTICE

 

The www.avellino.fr internet Site is edited and broadcasted by the company Demespies, capital of 8000€.

Head office: ZAC Claude Monet – 22, Allée des Sablières 78290 Croissy-sur-Seine
Siren: 439 197 120
Siret: 439 197 120 00017
Intracommunity VAT N° FR20 439 197 120

Editorial Director: Charly Machado

Creator: Philippe Martins - Presencity

Contact: contact@avellino.fr

 

 

The site hosted by:

 

OVH TELECOM

Head office: 2 rue Kellermann - 59100 Roubaix - France.

www.ovh.fr