Terms of sale
These General Conditions of Sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CLIENT") on the Internet site http://www.alabonnegamelle.com. Com / (hereinafter "SITE") with A La Bonne Gamelle Sarl, having its registered office at 50, Rue du Maréchal Foch 65500 VIC EN BIGORRE, France. Tel: 06 61 86 10 84, email: email@example.com (hereinafter the "SELLER"). IMPORTANT Any order placed on the SITE implies the unreserved acceptance by the CLIENT of the present general conditions of sale.
Article 1. DEFINITION The following terms have the following meanings in these Terms and Conditions: "CUSTOMER": means the contractual partner of the SELLER, which guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly foreseen that this CLIENT acts outside any usual or commercial activity. "DELIVERY": means the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated at the time of the order. "PRODUCTS": means all the products available on the SITE. "TERRITORY": means the Métropolitaine FRANCE, including Corsica (excluding DOM / TOM).
Article 2. PURPOSE These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that the professionals must contact the sales department of the SELLER in order to benefit from different contractual conditions.
Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS The CUSTOMER agrees to read these General Conditions carefully and accept them, before proceeding to the payment of an order of PRODUCTS passed on the SITE. These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy. The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of the Conditions applying to any new order of PRODUCTS. By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. OPENING OF AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives. The CLIENT will be invited to provide information allowing to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in order for the CLIENT to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. Follow-up of DELIVERY can be carried out, if necessary, using the on-line monitoring tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by e-mail, at firstname.lastname@example.org, in order to obtain information on the status of his order. The information that the CLIENT provides to the SELLER during an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. ORDERS Article 5.1 Characteristics of products The photos on this site are not necessarily contractual. The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under the applicable law (in these General Terms and Conditions). The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of the PRODUCTS available on the SITE, in particular according to the constraints related to its suppliers. Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France. Article 5.2. Ordering procedure The PRODUCT orders are placed directly on the SITE. To make an order, the CLIENT must follow the steps described below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly). 5.2.1. PRODUCT selection and purchase options The CLIENT will have to select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT basket. The latter can then add to his basket as many PRODUCTS as he wishes.
5.2.2. Orders Once the PRODUCTS have been selected and placed in its basket, the CLIENT must click on the basket and check that the content of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register. Once the CUSTOMER has validated the contents of the basket and has identified himself / herself / registered, he / she will display to him / her an online form completed automatically and recapitulating the price, the applicable taxes and, if applicable, delivery. The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents. The CUSTOMER can then proceed to the payment of the PRODUCTS following the instructions on the SITE and to provide all the information necessary for the invoicing and the DELIVERY OF THE PRODUCTS. For the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. The orders placed must include all the information necessary for the correct processing of the order. The CUSTOMER must also indicate the mode of delivery chosen.
5.2.3. Acknowledgment of receipt Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgment Is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct. The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields to be filled in order for the CLIENT to be processed by the SELLER). In particular, the CUSTOMER must indicate clearly all information relating to DELIVERY, in particular the exact address of DELIVERY, as well as any access code to the DELIVERY address. The CLIENT must then specify the means of payment chosen. Neither the order form that the CLIENT establishes online nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail do not constitute an invoice. Whatever the order or payment method used, the CLIENT will receive the original of the invoice on DELIVERY of the PRODUCTS, inside the parcel.
5.3. Date of the order The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date. 5.4. Price For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all applicable taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or Mode of transport). Prices include, in particular, value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the effective date of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. SELLER suppliers' prices are subject to change. As a result, the prices shown on the SITE may change. They may also be modified in the case of special offers or sales. The prices quoted are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of PRODUCTS Depending on the PRODUCT concerned, the SELLER applies a "tight-flow" inventory management system. Therefore, depending on the case, the availability of the PRODUCTS depends on the stocks of the SELLER. The SELLER undertakes to honor the orders received, provided that the PRODUCTS are available. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the RESTORATION of a PRODUCT by the SELLER. In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable. The SELLER may, at the request of the CLIENT: Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock will be available again, Either a partial shipment of the PRODUCTS available initially and then shipment of the rest of the order when the other PRODUCTS will be available, subject to clear information about the additional transport costs that may be incurred, Either offer an alternative PRODUCT of quality and equivalent prices, accepted by the CLIENT. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will get refund of all sums paid for the PRODUCTS unavailable, without delay and at the latest within thirty (30) days of the payment
Article 6. Right of withdrawal The terms of the right of withdrawal are provided in the "policy of withdrawal", policy available in Annex 1 of the present and accessible at the bottom of each page of the SITE via a hypertext link.
Article 7. PAYMENT
7.1. Means of payment
The CLIENT can pay his PRODUCTS online on the SITE according to the means offered by the SELLER. The CUSTOMER warrants to the SELLER that he holds all the authorizations required to use the chosen means of payment. The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the on-line payment on the SITE. It is for this reason that all the information relating to the payment provided on the SITE are transmitted to the bank of the SITE and are not processed on the SITE.
7.2. Payment date In the case of a single payment by credit card, the account of the CLIENT will be debited upon the order of PRODUCTS passed on the SITE. In the case of a partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of the present General Conditions.
7.3. DELAY OR REFUSAL OF PAYMENT If the bank refuses to charge a card or other means of payment, the CLIENT must contact the Customer Service of the SELLER in order to pay the order by any other valid means of payment. In the event that for any reason, opposition, refusal or otherwise, the transmission of the money flow due by the CLIENT would prove impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving Any contract concluded with the CUSTOMER corresponding to an order of an amount greater than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code. The SELLER agrees to store this information in order to monitor the transactions and to produce a copy of the contract at the request of the CUSTOMER. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of ownership The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT. The above provisions shall not preclude the transfer to the CUSTOMER of the risks of loss or damage of the PRODUCTS subject to the reservation to the CUSTOMER at the time of receipt by him or a third party designated by him other than the carrier Ownership, as well as the risk of harm they may cause.
Article 10. Delivery The terms of DELIVERY of the PRODUCTS are provided in the "delivery policy" referred to in Appendix 2 of the present and accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging The PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Cancellation Policy.
Article 12. Guarantees 12.1. Compliance Warranty The SELLER is obliged to deliver a PRODUCT in conformity that is to say suitable for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the PRODUCT presents the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including advertisements and labeling. In this context, the SELLER is liable to answer for any defects of conformity existing at the time of issue and for non-conformities resulting from the packaging, installation instructions or installation when this has been charged to him or Was carried out under his responsibility. The action resulting from the lack of conformity is prescribed by two (2) years from the DELIVERANCE OF THE PRODUCT. In the event of non-conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his option. However, if the cost of choosing the CLIENT is clearly disproportionate to the other option, considering the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund without following the chosen option by the customer. In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the PRODUCT returned and in return for the return of the PRODUCT by the CLIENT to the following address: A La Good Gamelle, 50, Rue du Maréchal Foch 65500 VIC EN BIGORRE, France
12.2. Guarantee of hidden defects The SELLER is liable for the hidden defects of the PRODUCT sold which render it unsuitable for its intended use or which so diminishes this use that the CUSTOMER has not acquired it or would have given it A lesser price, if he had known them. This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the reimbursement of a part of its price if the PRODUCT is not returned. In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the PRODUCT returned and in return for the return of the PRODUCT by the CLIENT to the following address: A La Good Gamelle, 50, Rue du Maréchal Foch 65500 VIC EN BIGORRE, France The action resulting from latent defects must be initiated by the CLIENT within two (2) years from the discovery of the defect.
Article 13. Liability In no event shall the SELLER be liable in the event of non-fulfillment or improper performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order. The SELLER can not be held responsible or considered as having failed in the present for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence French courts and tribunals. It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for information purposes only and are not warranted as to their content.
Article 14. Personal data A La Bonne Bowl collection on the SITE personal data about its customers, including through cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser. The data collected by A La Bonne Gamelle are used to process orders placed on the SITE, to manage the CLIENT's account, to analyze the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, Promotional offers and / or special sales information, unless the CLIENT no longer wishes to receive such communications from A La Bonne Gamelle. The data of the CUSTOMER is kept confidential by the SELLER in accordance with its declaration made with the CNIL, for the needs of the contract, its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink for this purpose it down every offer received by email.
The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his trading partners the names and contact details of his CUSTOMERS, provided that they have given their prior agreement when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER can also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners. In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing and freedoms, the CUSTOMER enjoys a right of access, rectification, opposition (for legitimate reasons) and suppression Of his / her personal data. He may exercise this right by sending an e-mail to: email@example.com or by sending a letter to: A La Bonne Gamelle, 50, Rue du Maréchal Foch 65500 VIC EN BIGORRE, France It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending to the SELLER a photocopy of his identity document.
Article 15. Complaints The SELLER places at the disposal of the CLIENT a "Customer Telephone Service" at the following number: 06 61 86 10 84 (number not surcharged). Any written complaint from the CLIENT must be sent to the following address: A La Bonne Gamelle, 50, Rue du Maréchal Foch 65500 VIC EN BIGORRE, France Article 16. Intellectual property All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law. These elements are the exclusive property of A La Bonne Gamelle. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the authorization in writing from A La Bonne Gamelle SARL. This authorization will in no case be granted definitively. This link will have to be deleted at the request of A La Bonne Gamelle. Hyperlinks to the SITE that use techniques such as framing or hyperlinking are strictly forbidden.
Article 17. Validity of the General Conditions Any modification of the laws or regulations in force or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of the present General Conditions. Such modification or decision does not authorize CUSTOMERS to disregard these Terms and Conditions. All conditions not expressly dealt with herein shall be governed in accordance with the customary practice of the retail sector for companies with their registered office in France. Article 18. Amendment of the General Conditions These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The Terms and Conditions are dated in a precise manner and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order. Changes to the Terms and Conditions will not apply to products already purchased.
Article 19. Jurisdiction and Applicable Law These General Terms and Conditions and the relations between the CLIENT and the SELLER are governed by French law. In case of dispute, only the French courts will be competent. However, prior to any appeal to the arbitral or state court, negotiation shall be privileged in a spirit of loyalty and good faith with a view to reaching an amicable settlement upon the occurrence of any dispute relating to this contract, validity. The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If, after fifteen (15) days, the parties fail to reach an agreement, the dispute shall be referred to the competent court hereinafter referred to. Throughout the negotiation process and up to its conclusion, the parties shall refrain from pursuing any legal action against each other and for the conflict that is the subject of the negotiation. By way of exception, the parties are entitled to refer the matter to the court of first instance or to apply for an order on application. A possible action before the court of summary proceedings or the implementation of a procedure on request does not entail any waiver of the clause of mutual agreement by the parties unless expressly stated otherwise.
APPENDIX 1: RETRACTATION POLICY Principle of retraction The CUSTOMER shall, as a matter of principle, have the right to return or return the PRODUCT to the SELLER or to a person designated by the latter without undue delay and no later than fourteen (14) days after notification of its decision to withdraw, Unless the SELLER proposes to recover the PRODUCT. Withdrawal period The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT. If the CUSTOMER's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession Of the last PRODUCT. Notification of right of withdrawal To exercise its right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: Address firstname.lastname@example.org It can also use the form below: RETRACTATION FORM For the attention of A La Bonne Gamelle Sarl E-mail address email@example.com I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below: PRODUCT NUMBER Number of the invoice: Purchase order number:
- Ordered on [____________] / received on [________________] - Payment method used: - Name of the CLIENT and, if applicable, the beneficiary of the order: - CLIENT address: - Delivery address : - CLIENT's signature (except in case of transmission by email) - Date In order for the withdrawal period to be respected, the CLIENT must transmit its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. Effects of retraction In case of withdrawal from the CUSTOMER, the SELLER undertakes to reimburse all the sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days Of the day on which the SELLER is informed of the CLIENT's intention to retract. The SELLER will proceed to the refund using the same means of payment as the CUSTOMER will have used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this reimbursement will not incur costs to the customer. The SELLER may defer repayment until receipt of the goods or until the CUSTOMER has provided proof of dispatch of the goods, whichever is the earlier. Return Policy The CUSTOMER shall, without undue delay and in any event not later than fourteen (14) days after notification of his decision to withdraw from this contract, return the property to: Mailing Address. This period shall be deemed to have been complied with if the CLIENT returns the property before the expiry of the fourteen day period.
Return fees The CUSTOMER shall bear the direct costs of returning the goods. Condition of the property returned The PRODUCT must be returned according to the instructions of the SELLER and include in particular all accessories delivered. The CUSTOMER is liable only for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT, but its responsibility can be engaged if it carries out manipulations other than those that are necessary. Packaging The PRODUCTS are packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during the DELIVERY. CUSTOMERS must comply with the same standards when returning PRODUCTS. As such, the CLIENT is invited to return the PRODUCT not suitable in its original packaging and in good condition, suitable for its re-marketing. Exclusions from the right of withdrawal The right of withdrawal is excluded in the following cases: • Supply of goods or services whose price depends on fluctuations in the financial market
• Supply of goods made according to CLIENT specifications or clearly personalized • Provision of goods that may deteriorate or perish rapidly • Provision of audio or video recordings or sealed software that have been unsealed after delivery • Journal, periodical, magazine (except subscription contract) • Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, restaurants or recreational services if the offer provides for a specific date or period of performance • Supply of goods which by their nature are inseparably mixed with other goods • Supplies of sealed goods which can not be returned for reasons of health or hygiene and which have been unsealed by the CLIENT after the DELIVERY • The supply of alcoholic beverages whose price has been agreed upon at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the control of the SELLER • Provision of non-dematerialized digital content if execution has started with the express prior consent of the consumer, who has also acknowledged that he will lose his right of withdrawal
• Contracts concluded at a public auction ANNEX 2: DELIVERY POLICY Delivery area The PRODUCTS offered can only be delivered on the TERRITORY. It is impossible to place an order for any delivery address located outside this TERRITORY. The PRODUCTS will be sent to the delivery address (es) that the CLIENT will have indicated during the ordering process. Delivery time The deadlines for preparing an order and then establishing the invoice before shipment of the PRODUCTS in stock are mentioned on the SITE. These periods are excluded weekends or public holidays. An e-mail will automatically be sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the e-mail address in the registration form is correct. Shipping & Returns During the order process, the SELLER informs the CUSTOMER of the possible delays and shipping formulas for the PRODUCTS purchased. Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased. Details of delivery times and costs are detailed on the SITE. SHIPPING TERMS The parcel will be handed to the CUSTOMER for signature and on presentation of an ID. In case of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to pick up his parcel in his post office. Problems with DELIVERY The CUSTOMER is informed of the delivery date fixed at the time he chooses the carrier, at the end of the online ordering process, before confirming the order. It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract. The SELLER will refund, without undue delay from receipt of the cancellation letter, the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery charges included, using the same payment method used by the CLIENT to purchase products. The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of the partial damage or losses observed at the time of delivery.