Terms and Conditions
The General Terms and Conditions of Sale (the “T&C” or “terms of service and revocation terms”) detailed below apply to all operations placed with the company ALKÉ, with a registered office situated 17 rue Henry Monnier 75009 Paris, France, registered with the Paris Company and Trade register under no. 850944307, with an intra-community VAT no. FR28-85094430, hereinafter “ALKÉ” or the “Company”, and its clients, hereinafter « The client », for sales of goods offered on the website www.alkesoccer.com (hereinafter “The Website”).
ALKÉ reminds that sales are exclusively reserved to natural or legal persons, merchant or non-merchant, who have attained majority and enjoy full legal capacity to enter into contract, and agreeing to fill in the mandatory fields presented at the time of registration.
Sales are exclusively reserved for people with an electronic mailbox regularly consulted.
The products are strictly for personal use and can not be resold.
Prior to any transaction, the Client acknowledgess having read the General Terms and Conditions of Sale and expressly declares to accept the hereby General Terms and Conditions of Sale as soon as he or she validates the box "I agree to the terms of service and revocation terms and will adhere to them unconditionally.".
ALKÉ reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a customer implies complete adherence, without reservation, to these terms and conditions.
ALKÉ therefore invites the customer to read the following clauses carefully.
1. ACCEPTANCE OF SPECIAL CONDITIONS
The customer acknowledges having read, at the time of placing the order, the special conditions of sale stated on screen (name, price, weight, quantity, any special features) and expressly declares to accept them without reservation. Placing and confiming the order materializes the Client’s full acceptance of the special conditions only applicable to the order. The Client can use, before this confirmation, a mechanism allowing them to correct or modify their choices.
2. PRODUCTS
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, ALKÉ cannot be held liable for errors occurring during the update cannot. ALKÉ cannot be held liable in case of an order cancellation because of stock depletion.
Pictures associated to the products are only for illustration purposes. Each article offered for sale is presented with a brief description to provide the Client the best possible information. ALKÉ cannot be held liable for (mistakes arising from) the presentation and description of the products.
3. LOG IN AND PASSWORD
During the first order, a username (e-mail) and a password are assigned. A uniqueness check is then performed by the system. The username and password are proof of the customer's identity and are binding on the entire order placed through them. They are electronic signatures within the meaning of the law of 13 March 2000. The Client is fully and exclusively responsible for their username and password, and will bear the consequences of any use by third parties who are aware of it. In case the Client forgets the password or suspects a fraudulent use of the username and password, the Client will be able to retrieve their username and obtain a new password. All provisions relating to personal data are defined in the Privacy Policy on this site (Article 12.).
4. ORDER
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by ALKÉ, expressed by a succession of different stages that the client shall follow in order to validate their order.
4.1 Registration
The Customer can select as many Products as he wants to add to the basket (the "Cart"). Any order entry after the selection of the products is the subject of a summary in the Cart by taking again all the elements (articles, delay and place of delivery, amounts excluding and including tax, means of payment) which the customer confirms by ticking the box "I agree to the terms of service and revocation terms and will adhere to them unconditionally" and clicking on the "confirmation" button. By this process the Client validates the Order and confirms their acceptance of (i) the Terms and Conditions, (ii) the Products purchased, (iii) the price and (iv) the associated costs. The order is automatically sent, registered and from that moment the order is considered as firm and the customer is then irrevocably bound by the information given in the order.
The Client cannot revoke their acceptance except under the dispositions presented in Article 6. The Client is responsible for the information given by them when taking the order. In case of error on their part, which can be in the wording of the information given or in the place of delivery, resulting in the loss of products, the Client remains responsible for the payment of said lost products. Any new order will only be possible after the regular payment by the customer of the sums due under previous orders.
Any order paid by credit card or transfer is considered effective only when the payment centers concerned have given their agreement and have credited the account of ALKÉ of the total amount of the order. In case of refusal of these centers, the order is automatically canceled.
4.2 Confirmation
An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the customer by ALKÉ.
ALKÉ reserves the right not to confirm the order in case of legitimate reason, including but not limited to difficulty of supply, problems in understanding the order, foreseeable problems related to the delivery, or abnormality of the order (existence of a dispute with the customer regarding the payment of a previous order, inconsistent delivery address). The customer will be informed by any means appropriate.
ALKÉ reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of ALKÉ to satisfy the Client’s expectations, ALKÉ may be obliged to cancel an order even after sending a confirmation by email. In such cases, the order will be reimbursed.
ALKÉ cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
In case of unavailability of products, the customer will be refunded within 30 days of payment of the order unless otherwise agreed between the parties.
4.3 Processing the order
ALKÉ will do its best to process the order as soon as possible knowing that a minimum period of 48 hours is necessary to prepare the order before sending it.
4.4 Proof of order
ALKÉ's data collected from its automatic registration systems constitutes proof of the nature, content and date of the Client’s order and of the nature, content and date of confirmation of the receipt of the order by ALKÉ and the nature, content and date of any email exchanged between ALKÉ and the Client. The data relating to any transaction made from the Client’s log in will be stored and archived by ALKÉ and will constitutes proof in any dispute in accordance with the law of 13 March 2000.
Data will be kept by ALKÉ for an unlimited period. In any case, the online provision of a credit card number or bank details and expedition of the order will be proof of the order and will result in the payment of the amount of the order confirmed by ALKÉ.
5. Delivery
Products presented on the Website can be delivered in Metropolitan France and in Europe in the following countries: Belgium, Germany, Luxembourg, Italy, the Netherlands, United Kingdom, Spain, Ireland , Portugal and Austria, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland, Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania.
Deliveries are made to the address given by the Client for this purpose.
5.1 Delivery costs
Delivery charges are indicated at the time of the order and detailed on the website in the section "Deliveries and Returns". These amounts may be revised by ALKÉ at any time without notice.
5.2 Delay
ALKÉ undertakes to deliver the order to the place indicated by the Client at the latest within a maximum period of 30 days, this delay being counted as of the first business day after confirmation of the Order, in compliance with the mode of delivery chosen by the Client during the order. Delays may nevertheless occur in the event of unforeseen circumstances or for reasons related to the place of delivery.
In order for these deadlines to be respected, the Client must ensure that he or she has provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.).
ALKÉ shall not be held liable for delayed delivery or impossibility to fulfill its contractual obligations because of an event of force majeure, as defined by French case-law. With the exception of deliveries in France, ALKÉ shall not be held liable if the delivered product does not comply with the laws of the shipping country.
When the Client (or a third party of its choice) takes physical possession of the products, the risks of loss or damage to the products are transferred to the Client. If the delivery time is exceeded and is not justified by a case of force majeure, the Client may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order. ALKÉ cannot be liable of any direct or indirect damage resulting from delay of delivery.
6. RETURNS
In accordance with the provisions of Article L.121-18 and following of the French Consumer Code, the Client can withdraw their order within fourteen clear days from the date of reception of the merchandise by returning, at their own expense, any product (in its original packaging complete with accessories and instructions, in good condition and with a copy of the invoice) to ALKÉ 17 rue Henry Monnier 75009 Paris, for exchange or refund, following the Client’s choice, without penalty. In case of a refund, it will be processed within a maximum period of 14 days, by bank transfer or check. ALKÉ reserves the right to claim damages if the product has not been returned in proper conditions and in its original packaging.
7. PRICES AND TERMS OF PAYMENT
Price mentioned in the Website www.alkesoccer.com are in Euros, including V.A.T. but excluded any customs duties, other taxes and freight costs. Customs and other taxes must be paid by the Customer directly to the carrier.
The total price including VAT indicated in the confirmation of receipt of the order is the total price of the order entered expressed all taxes including VAT and the cost of transport. For any payment, the partner provider - PayPal or E-Transactions service from Credit Agricole (Credit Card) provides a secure payment system and guarantees the confidentiality of the numbers provided by the protection and cryptology procedures. In the absence of payment, the order is canceled. ALKÉ reserves the right not to respond to the order of a customer in case of payment problems on previous orders. ALKÉ retains ownership of the products ordered until full payment of the price by the customer.
A summary invoice of the order will be available from the dispatch of the order on the "My history" or "My orders" section of the Customer account.
8. GUARANTEES
The Client enjoys the guarantee against hidden defects in the products sold under the conditions of Article 1641 et seq of the French Civil Code (see appendices).
9. Disclaimer of liability
ALKÉ cannot be held liable for the non-performance or bad performance of the contract due to the Client’s action, omission or fault, the unpredictable and insurmountable act of a third party, or an event of force majeure.
10. Force Majeure
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
11. SUSPENSION OF CUSTOMER USERNAME/LOG IN
In the absence of payment of the sums owed by the Client, ALKÉ may suspend immediately and until the said sums are paid, the validity of the username / log in.
12. CUSTOMER SERVICE
For any question and problem, the Client can write an email to: hello@alkesoccer.com Or a letter to: ALKÉ, 17 rue Henry Monnier 75009 Paris
13. PERSONAL DATA
Personal data considerations are detailed in the Privacy Policy presented on the Website (link).
14. INTELLECTUAL PROPERTY
All the elements appearing on the ALKÉ website are protected by all intellectual property rights relating to them. The Client is prohibited from copying or downloading all or part of its content without prior express authorization of ALKÉ.
15. EXTERNAL LINK
ALKÉ’s Website may contain hypertext links to other websites. ALKÉ does not make any commitment concerning any other website that the Client might be able to access via its Website and can in no way be liable for the content, operation, and services offered by these websites.
16. RESPONSIBILITIES
ALKÉ cannot be held liable for damages of any kind, material or immaterial or bodily that could result from improper use of the identifier or the procedure of placing orders. In particular, ALKÉ cannot be held liable for any risk inherent in the use of the internet, such as suspension of the service, intrusion or the presence of computer viruses.
17. LANGUAGE OF CONTRACT
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
18. LITIGATION
These General Terms and Conditions of Sale are subject to French law. In case of dispute, the customer will first contact ALKÉ to find an amicable solution. Otherwise, the case will be brought in front of the competent court. For any questions, please visit http://ec.europa.eu/consumers/odr/.
Information on online dispute resolution in accordance with art. 14 para. 1 of the RLL (Online Dispute Resolution):
The European Commission allows consumers to resolve disputes online on one of its platforms, in accordance with Art. 14 para. 1 of the RLL. The platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN) acts as a site where consumers can try to settle disputes outside the purchase of goods or services online.
Appendices
French Civil Code (extract)
Article 1641 of the French civil code: “A seller is bound to a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”
Article 1648, paragraph 1, of the French civil code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.”