These general conditions of sale apply to any order made by a consumer, within the meaning of European Directive n° 2011/83/EU of October 25, 2011, regarding the products offered for sale on the site www.always -the-sun.com
The website www.always-the-sun.com is hosted by the company OVH, registered in the Trade and Companies Register of Roubaix – Tourcoing under number 424 761 419, having its registered office at 2 rue Kellermann 59100 Roubaix – France.
The general conditions described below apply to the sale of all products sold on the www.always-the-sun.com website. The fact of ordering products on this site leads to the automatic application of all these conditions which we thank you for reading carefully. You must be 18 to order from this site and agreeing to these terms confirms that you are 18 or older.
Article 01: Acceptance of the general conditions
The customer acknowledges having read these general conditions at the time of placing the order. He expressly declares to accept them without reservation.
Article 02: Value of the general conditions
These general conditions govern the contractual relationship between Always the Sun and its client, both parties having accepted them without reservation. They prevail over any other document unless otherwise stipulated.
Article 03: Photography of products
The photographs of the products presented on the site are non-contractual documents that do not engage the responsibility of Always the Sun.
Article 04 – a: Content of the order
The customer requests that one or more product(s) be sent to him at the address he indicates. In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the second click of order, by which you will have confirmed your shopping cart after having viewed the details of it and in particular its total price and have had the opportunity to correct any errors.
Article 04 – b: Proof of order
Electronic recording systems are considered as proof of the nature, content and date of the order.
Article 04 – c: Cancellation of the order
Always the Sun reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
Article 04 – d: Error in the contact details of the recipient
The information given by the buyer when taking the order is binding on him. In case of error or omission in the information of the contact details (telephone number, e-mail address and postal address) the seller cannot be held responsible for the impossibility in which it could be to deliver the product. The order is maintained.
Article 04- e: Order tracking
A shipping confirmation is sent by email as soon as the order is shipped, allowing the delivery status of the package to be tracked.
Article 05 – a: Common provisions
Delivery is made to the address indicated by the customer when ordering, by direct delivery of the package to the recipient indicated by the customer or, in the event of his absence, to the person he has authorized to do so when the command. It takes place in the time slots indicated by the carrier. We estimate the delivery of your product at 12 working days maximum and we make it our mission to respect the best deadlines. Any delays in the delivery of the package do not entitle the buyer to claim damages. Please check your package upon arrival. You have 48 hours to issue reservations to the carrier in the event of missing items or damage. No delivery is unfortunately possible on public holidays. In this case, you will be delivered the next day.
Article 05 – b: Delivery in Metropolitan France, EU and Switzerland
Delivery is chargeable throughout the European Union and Switzerland. It is provided by secure carriers in tracked parcels.
Article 05 – c: Delivery outside the EU and DOM – TOM
We strongly advise the customer to contact us in case of sending abroad or in the DOM TOM so that we can advise him on the terms of delivery. Delivery is made by secure international carrier. In some countries, customs and import charges may apply once the order has reached the country of destination. The customer agrees to pay all import taxes and other taxes that may be due in his country. Always the Sun can in no way be held responsible for their failure to pay. These charges are the responsibility of the recipient. We have no way of controlling these charges and cannot predict their amount. Customs policies vary greatly from one country to another, you can contact your customs department for more information.
Article 06: Prohibition to resell the delivered products.
All orders placed with Always the Sun are for customers' personal use. Customers of Always the Sun or recipients of packages therefore refrain from any partial or total resale of the products.
Article 07: Return of custom-made products
Any product made to measure for the customer or including personal modifications requested by the customer is not covered by the satisfaction guarantee. Therefore, the exchange or refund of a product modified to the customer's wishes is not possible.
Article 08: Impossibility to deliver
Sometimes events beyond our control occur, in which case we undertake to resolve the situation as soon as possible. War, riots, fire, strikes, accidents and the impossibility of being supplied are considered as force majeure releasing the seller from his obligation to deliver, whether these facts take place in the country of the buyer or that of the seller.
Article 1: All products are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 and following of the Civil Code:
“Article L. 211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 211-5 of the Consumer Code: To comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1648 first paragraph of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect.
Always the Sun products are guaranteed for 2 years. The customer benefits from a guarantee which allows him to return the defective products delivered in accordance with articles L 211-4 and following of the Consumer Code. Always the Sun agrees to refund or exchange, at our option, defective products during this two (2) year period.
This warranty cannot be granted to you if the defect on which you claim results from abnormal use of the product, normal aging or the intervention of an outside third party on the product.
Article 10: Price
Prices are quoted in euros all taxes included. The Value Added Tax (VAT) is that in force on French territory on the day of the order. Any change in the applicable rate may be passed on to the prices of the Products and services.
The prices applied are those appearing on the Site at the time of the order. After this date, they are subject to change at any time.
Always the Sun cannot be bound by the display of an erroneous and obviously derisory price, whatever the reason (computer bug, manual error, technical error). In this case, Always the Sun will inform the Customer as soon as possible and the order will be cancelled.
In the event of delivery to the Customer's home - to the address indicated by the Customer in accordance with Article 6.1 - the fixed amount of participation in the costs will be communicated to the Customer on the order summary form, before final validation of the latter.
Always the Sun may reserve the right to offer promotional codes. These promotional codes can only be generated by Always the Sun and will not be applicable to the price of Products subject to other promotions (sales, batch sales, sales with bonuses, price reductions, etc.). Always the Sun cannot be held responsible for any promotional codes disclosed on the forums other than those originating from Always the Sun and for which it has not given its consent.
Article 11: Payment
Article 11 – a: Date of payment
The sale price is payable in cash on the day of the effective order.
Article 11 – b: Methods of payment
The Customer has the choice to pay for his purchases:
- By credit card
– By check payable to: Always the Sun. This should be sent to the address:
Always the sun 9 avenue des cougoulins 06160 Antibes
The check must be accompanied by a photocopy of the front and back of the valid identity card of the holder of the check. Only French checks will be accepted. Be sure to respect the mandatory information and write the check legibly. Your signature must be the one known by the bank and the date must be that of the day of writing.
Your order will only be processed upon receipt of your payment. Faced with the resurgence of stolen or NSF cheques, Always the Sun no longer accepts payment by check for an amount greater than € 300.00.
Article 11 – c: Refusal of payment
In case of refusal of payment, the order is canceled. The customer is notified by e-mail.
Article 11 – d: Archiving and accessibility of contracts concluded online
The contracts concluded on our website (data relating to your order and GTC in force on the day of your order) are archived for a period of 10 years. You can access archived contracts by making a request by e-mail to email@example.com or by post to the following address: Always the sun 9 avenue des cougoulins 06160 Antibes
Article 12 – a: Withdrawal period
The customer has 14 (fourteen) days from receipt of the order to form an opinion. If the 14 (fourteen) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day. Once this period has elapsed, the request for reimbursement or exchange of the product will no longer be possible.
Article 12 – b: Terms of withdrawal
If your product does not bring you complete satisfaction despite the care we have taken, you have 3 solutions: full refund of your order by PayPal (for purchases by PayPal), check (for purchases by check) or a have that you can use on your next order.
Article 12 – c: Terms of return
In the event that the customer does not wish to keep the articles or the article delivered, he must return the product to the following address: address. France. The product must be returned with its certificate. You do not have to provide a reason to exercise your right of withdrawal. You will not suffer any penalty. Attention, custom creations, damaged and sale products will not be taken back or exchanged.
Article 12 – d: Reimbursement of the customer
The exercise of the right of withdrawal gives rise to a refund of the sums paid during the order as soon as possible and at the latest 30 (thirty) days from the date on which you exercised this right. Reimbursement will be made by check or PayPal.
Article 12 – e: Right of cancellation
Each customer is entitled to cancel an order within a limit of 2 annual cancellations. In which case the third cancellation will not be taken into account and the order maintained.
Article 13: Warranties
In any case, the customer benefits from the legal guarantee of eviction and the guarantee against hidden defects for two years. Compliance with the provisions relating to the legal or contractual guarantee does not exempt the customer from paying the price as provided for in the confirmation of the order.
Article 14: Complaints
In the event of a complaint, the customer can contact customer service by email: firstname.lastname@example.org, by post at the following address: Always the sun 9 avenue des cougoulins 06160 Antibes
or by telephone: +33.09 67 29 99 71
ARTICLE 15: LIABILITY
Article 15 – a: Limitation of liability
Always the Sun's liability is strictly limited to the value of the items purchased as expressed in the order confirmation and less the amount of shipping costs.
Article 15 – b: Exclusion of liability
Always the Sun cannot be held liable for damages of any kind, whether material, immaterial or bodily, which may result from the misuse or malfunction of the products marketed. The same applies to any changes to the products from the manufacturers.
Article 16 – a: Applicable law
These general conditions are subject to French law.
Article 16 – b: Original language
These general terms and conditions were initially drafted in French.
Article 16 – c: Settlement of disputes
In the event of difficulty related to the application of this act, the customer and Always the Sun undertake to seek first and foremost an amicable solution, in particular with the help of a consumer association, a branch professional association or any other person of their choice. In the absence of an amicable agreement, the customer addresses the competent commercial court.
GENERAL DATA COLLECTION AND USE
Article 17 – a: Collection of personal information
The collection of personal information for the purposes of mail order sales is mandatory: this information is essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. In the event of a lack of information, Always the Sun cannot be able to confirm the order.
Article 17 – b: Prior declaration relating to personal information
In accordance with the law "files, data processing and freedoms" of January 06, 1978 modified by the law of August 06, 2004, the processing of personal data relating to the customer is the subject of a prior declaration to the National Commission of the Computers and Freedoms. The processing of personal data carried out on our site has been declared to the Commission Nationale Informatique et Libertés under the CNIL registration number.
Article 17 – c: Processing of personal information
The personal data collected on our site is used to process orders and manage the commercial relationship (deliveries, invoices, after-sales service). Always the Sun undertakes not to communicate free of charge or for a fee the contact details of its customers to a third party.
We may also use your data for advertising purposes, either after collecting your express consent or as permitted by law. We are also likely to use your data to meet our legal and/or regulatory obligations, where applicable.
Other recipients of your personal data are, where applicable, our means of payment or payment security providers, our delivery providers, our business partners. In the event that this is required by law, your consent is obtained or you are given the possibility of refusal before any transmission of data.
Article 17 – d: Recording of data by cookies
Article 17 – e: Newsletter
Always the Sun offers to keep you informed of news and offers on our site. To this end, you can subscribe to our newsletter at the time of an order or in the sections of your account. If you no longer wish to receive our newsletter, you can unsubscribe to the newsletter at any time by accessing your account, section “Newsletter subscription”.
Article 17 – f: Right of access, modification, rectification, deletion of personal information
The customer has a right to access, modify, rectify, delete data concerning him (article 34 of the law of 1978) which he can exercise with Always the Sun by sending an email to serviceclient@ aramacreations.com.