> General sales conditions
All orders that are taken for a product appearing in the altissimo.fr store assume prior consultation of the present general conditions. As a consequence, the client recognizes being completely informed of the fact that his agreement concerning the content of the present general conditions does not require the handwritten signature of this document, in so far as the client would like to order the products presented online within the altissimo.fr. website. The client has the ability to save or to print these general conditions, it being specified that saving or printing of this document is his sole responsibility.
The client acknowledges having knowledge, on the site of the altissimo.fr online boutique, established by the company Altissimo SAS of the following information :
1 - Legal notice allowing precise identification of the Altissimo.fr sign and of the company using this sign.
2 - Presentation of the essential characteristics of the products offered.
3 - Indication, in Euros of the price of the products, as well as, where applicable, the delivery costs.
4 - Indication of the terms of payment, delivery, or filling of the order.
5 - The existence of a right of retraction.
6 - All of this information is presented in the French language.
The consumer declares having the full legal capacity to be able to adhere to the present general conditions.
1 - General clause – forming the contract
All of our sales are subject to the present general conditions which prevail over all conditions of sale. All derogations to these general sales conditions must be subject of a written agreement on the part of the seller in the absence of which these last are reputed to be exclusively applicable.
In case of any modification (quantity, colours,…) of an order which has already been received and confirmed by the seller, the previously agreed conditions cannot be changed without the agreement of the seller.
All cases of force majeure resulting in unpredictable and insurmountable phenomena that would be of a nature to prevent or render the completion of the sale economically unfeasible constitute a suspension clause or extinction of the seller’s obligations. If the case of force majeure has as a consequence a differing in the carrying out of the contract, the seller will not be responsible and the time period for delivery may also be prolonged. If the case of force majeure is longer than 5 (five) months, the seller reserves the right to cancel the sale without indemnification.
Article 2 - Subject
The object of the present general conditions is to define the rights and obligations of the parties within the framework of the online sales of the goods and services offered by the brand altissimo.fr to their clients.
Article 3 - Contractual documents
The present contract is formed by the following contractual documents, presented in decreasing hierarchical order: the present general conditions, the order form.
In case of contradiction between the provisions contained in documents of a different ranking, the provisions of the document with the superior ranking will prevail.
Article 4 - Order – Price - Penalty
The production of merchandise will only take place on receipt of an order. The order will be written and accompanied by documents and information relative to production. In case of cancellation of the order, all of the preliminary study expenses (if there are any) and production fees incurred will be immediately invoiced to the buyer.
Prices are stipulated with taxes included. The payment for our products will be done exclusively through the head office of the company, whatever the method of collection. Payments are made in cash or on term according to the agreement between the parties, by cheque, letter of exchange or transfer, to the exclusion of all other terms of payment.
All late payments, for whatever reason, will lead by express agreement to the payment of interest. Interest will be calculated on the discount rate of the Bank of France increased by 2% per year for banking fees.
If a sale includes several deliveries, the default of payment of one of these or the default of payment at a fixed term, authorizes the seller to terminate the sale or to suspend the deliveries.
Article 5 - Electronic signature
The "clicking" by the consumer of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6 - Order confirmation
Contractual information will be the subject of an order confirmation, by way of email, at the latest at the time of delivery or by default, to the addressed indicated by the consumer on the order form.
Article 7 - Proof of transaction
The computerized registry, preserved in the informatics system of the altissimo.fr online store, under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties. The archiving of orders and invoices is carried out on a reliable and enduring support which can be produced in the form of proof.
Article 8 - Delivery conditions and location
The seller undertakes to deliver the products in the packaging of his choice, within the time period and at the location set out in the individual order conditions.
Our products are transported at the buyer’s risk whatever the conditions of sale and the method of transport, including the transportation costs. It is the buyer’s responsibility to indicate any damage to the packaging and, if applicable, to the product to the transporter and to confirm within three days by registered letter with return receipt.
Article 9 - Product responsibility
From the time of return or delivery, the buyer assumes the risk of damages sustained or caused by the products, independently of the transfer of ownership.
The non-conformity of the merchandise to the stipulations of the estimate (colours, sample…) must be stated in a registered letter with return receipt within a time period of 8 days from the time of delivery. Beyond this time period, the merchandise will be deemed to be in conformity with the conditions of the order and no claims will be accepted, for whatever reason.
Article 10 – Reserve of ownership
By express agreement, the buyer will not become owner of the products until its price has been paid in full as agreed in the individual conditions, in application of Law No. 80335 of May 12, 1980.
Article 11 - Guarantee
The delivered products are guaranteed for the time period specified under the individual order conditions. n case of defect appearing during the guarantee period apart from normal wear or default due to wrongful use of the products, the buyer must inform the seller immediately by registered letter. The seller reserves the right to determine the defect. If the defect is inherent to the manufacture of the product, the seller will provide a replacement or repair the defect at his cost.
Article 12 - Resolutory clause
By express agreement, in case of breach by the buyer of his obligation to pay the price of the product, the seller may, as he sees fit, after notice sent by registered letter with return receipt which remains without effect for a period of eight days, cancel the order by registered letter with return receipt.
Article 13 - Applicable law and attribution of jurisdiction
The present general conditions and the individual conditions of sale are regulated by French law.
In case of dispute, the Commerce Tribunal in Toulouse (France) will be the sole recognized jurisdiction to hear any dispute relative to the present sale, even in case of appeal to the guarantee or referring to it whatever the stipulations contained in the buyer’s general conditions.