General conditions of sale for the Flammsheim site located in Geispolsheim
Between L'ATELIER, 2 rue du fort 44600 67118 GEISPOLSHEIM, Tel: 03 88 55 51 97 SIREN No. 481 252 369 RCS represented by Frédéric LOUIS, as company director (manager), duly authorized for the purposes hereof. The company can be contacted by email (flammsheim@orange.fr) by clicking on the contact form accessible via the home page of the site. Hereinafter the "Seller" or the "Company" on the one hand, and the natural or legal person purchasing products or services from the company, hereinafter, "the Buyer", or "the Customer" On the other hand, it has been stated and agreed as follows: The Seller is a publisher of products and services for the retail trade of food products, wine and products relating to tarte flambée intended for consumers, marketed through its website www.tarteflambee.fr, The list and description of the goods and services offered by the company can be consulted on the aforementioned sites. Article 2: General provisions These General Conditions of Sale (GCS) apply to all sales of Products, made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable T&Cs are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These T&Cs are available on the Company's website at the following address: www.tarteflambee.fr The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure the suitability of the offer to his/her needs. The Customer declares to be able to legally contract under French law or to validly represent the natural or legal person for whom he/she is committing. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions. Article 3: Prices The prices of the products sold through the website are indicated in euros including all taxes (VAT other possible taxes), not including delivery costs which are defined according to the localities on the product order page, and excluding specific shipping costs. The company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for accessing the company's websites are the responsibility of the Customer. Where applicable, also the delivery costs. Article 4: Conclusion of the online contract The Customer must follow a series of steps specific to each Product offered by the Seller to be able to place his order. However, the steps described below are systematic:
Information on the essential characteristics of the Product;
Choice of the Product, where applicable its options
Information concerning the day of delivery.
Indication of the Customer's essential data (billing address, delivery address, etc.);
Acceptance of these General Conditions of Sale.
Verification of the elements of the order and, where applicable, correction of errors.
Follow the payment instructions, and payment for the products.
Delivery of the products. The Customer will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith, not respecting the deadlines displayed (times between the time of the order and the delivery date) or for any legitimate reason. Article 5: Products and services The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller will inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is summarized and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. There may therefore be differences compared to the illustrative photograph, but the product delivered will be of equivalent quality and value. In the event of a substantial difference, the customer will be informed and may modify or cancel their order. This will also include the time between the time the order is placed and the desired delivery time. The validity period of the Product offer and their prices are specified on the company's website. Unless otherwise stated, the rights granted hereunder are granted solely to the natural person who signed the order (or the person who owns the email address provided). In accordance with the legal provisions regarding conformity and hidden defects, the Seller will refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following manner: contact us at 03 88 55 51 97 or visit the store at 2 rue du fort 67118 GEISPOLSHEIM, return the product within 24 hours in the condition of its receipt with proof that the product(s) come from our store, depending on the case, the refund of the product(s) and the delivery costs may be made. Article 6: Retention of title clause The products remain the property of the Company until full payment of the price. Article 7: Delivery terms The products are delivered to the delivery address indicated when ordering. Perishable products will be entrusted for delivery to Chronofresh, which delivers from Monday to Friday, generally within 48 to 72 hours on average. Other products will be entrusted to ADEX, which delivers from Monday to Friday within a variable period of 2 to 10 days. The customer's telephone number will be given to the carrier to facilitate the location of the address as well as its schedule. In the event of a delay in shipping or impossibility of delivery (recipient absent), the sender and the recipient will be notified by telephone or email as soon as possible. Delivery is made only on French territory excluding Corsica and excluding French overseas territories. The delivery day is requested for information purposes only, but compliance with this day cannot be guaranteed due to the organization of the various deliveries to be made by ADEX or CHRONOFRESH or within a too short period. In this case, delivery may be made the day before or the day after the requested delivery date without the possibility of reimbursement or compensation. In the event of refusal of the order by the recipient, the order will nevertheless be considered executed and delivered and the buyer will not be able to claim any reimbursement or compensation; Similarly, it is the buyer's responsibility to check that delivery can be made without hindrance: For example, if the buyer requests delivery to a company or community, it is up to the buyer to check that this company or community will accept the order because in the event of refusal of the order, the order will nevertheless be considered executed and delivered and the buyer will not be able to claim any refund or compensation; For perishable products, in the event of delivery with a DLC of less than 2 days, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller will then reimburse the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point at 03 88 55 51 97 (cost of a local call from a landline based in Metropolitan France) indicated in the order confirmation email to ensure order tracking. The Seller reminds that at the time the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product. Article 8: Availability and presentation Orders will be processed within the limits of our available stocks or subject to available stocks from our suppliers. In the event of unavailability of an item for a period exceeding 4 working days, you will be immediately notified of the expected delivery times and the order for this item may be canceled upon simple request. The Customer may then request a credit note for the amount of the item or a refund. Article 9: Payment Payment is due immediately upon ordering. The Customer can pay by credit card or PayPal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during transport on the bank's network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately and automatically terminated and the order canceled. Article 10: Withdrawal period In accordance with Article L. 121-20 of the French Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs." "The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services." The right of withdrawal can be exercised by contacting the company in the following manner by email at flammsheim@orange.fr PLEASE NOTE: We inform Customers that in accordance with Article L. 121-20-2 of the French Consumer Code, this right of withdrawal cannot be exercised for perishable products such as food products with a best-before date. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded; the return costs remain the responsibility of the customer. Returns of non-perishable products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new. They must, if possible, be accompanied by a copy of the proof of purchase. In accordance with legal provisions, please send a letter to the following address: L'ATELIER, 2 rue du fort 67118 GEISPOLSHEIM. Article 11: Guarantees In accordance with the law, the Seller assumes two guarantees: conformity and relating to hidden defects in the products. The Seller will reimburse the buyer or exchange products that are apparently defective or do not correspond to the order placed. The Seller reminds the consumer that:
Has a period of 24 hours from delivery of the goods to take action with the Seller
That he can choose between replacement and repair of the goods subject to the conditions provided for by the apparently defective or non-corresponding article
That the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code). Article 12: Complaints If necessary, the Buyer can submit any complaint by contacting the company using the following contact details: by telephone at 03 88 55 51 97 or by email at flammsheim@orange.fr by providing proof of the non-conformity of the product. Article 13: Intellectual Property Rights The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited. Article 14: Force Majeure The performance of the seller's obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible. Article 15: Nullity and modification of the contract If one of the stipulations of this contract were to be canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties. Article 16: Protection of personal data In accordance with the Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and rectify your personal data. By agreeing to these general terms and conditions of sale, you consent to our collection and use of this data for the performance of this contract.
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