TERMS OF SALES
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the website www.regimesanssel.fr (hereinafter after the “SITE”) with EXALT SAS registered in the METZ Trade and Companies Register under number 819 529 090, having its registered office at 11 REMPART SAINT THIEBAULT, 57000 METZ, France Tel: 03 72 52 02 28 (non- surcharged), email: firstname.lastname@example.org (hereinafter the “SELLER”).
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.
Article 1. DEFINITION
The terms used below have, in these General Conditions, the following meaning:
“CUSTOMER”: designates the co-contractor of the SELLER, who guarantees to have the quality of
consumer as defined by French law and case law. As such,
it is expressly provided that this CLIENT acts outside of any usual activity
“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by
the CUSTOMER to the delivery address indicated when ordering.
“PRODUCTS”: designates all the products available on the SITE.
Article 2. PURPOSE
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.
Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE.
These General 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 carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CLIENT to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. OPENING AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at email@example.com, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing 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 the products
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 applicable law (in these General 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 PRODUCTS available on the SITE, in particular according to the constraints linked to its suppliers.
All the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
The SELLER does not carry out any transformation on the PRODUCTS that he markets. In the event of an error on the part of a supplier during the manufacture or packaging of a PRODUCT, the responsibility of the SELLER cannot be engaged. The CUSTOMER is solely responsible for the choice of PRODUCTS in his order; he is the sole judge of the compatibility of the PRODUCTS ordered with any food intolerances or allergies of end consumers. Under no circumstances may the SELLER be held liable for the consumption of the PRODUCTS ordered.
Section 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes.
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or register.
Once the CUSTOMER has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to them summarizing the price, applicable taxes and, where applicable, shipping costs. delivery.
The CUSTOMER is invited to check the content 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 content.
The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions appearing on the SITE and provide all the information necessary for the invoicing and the DELIVERY of the PRODUCTS.
Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also indicate the delivery method 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 acknowledgment of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
The CUSTOMER is solely responsible for the proper receipt of e-mails sent automatically. The SELLER cannot be held responsible for the validity of the customer's e-mail address or for the spamming (junk mail) of e-mails sent automatically.
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CLIENT must in particular clearly indicate all the information relating to the
DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CUSTOMER must then specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
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.
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the total amount of the products ordered, the DELIVERY address and the carrier or mode of transport selected).
Prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales.
The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies “just in time” inventory management. Therefore, depending on the case, the availability of the PRODUCTS depends on the SELLER's stocks.
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 and, therefore, makes it impossible to add this PRODUCT to the basket.
CUSTOMERS can also be informed of the restocking of a PRODUCT by the SELLER by clicking on the button "be notified when the PRODUCT is back in stock" on the PRODUCT page.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CLIENT's request:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock become available again,
Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain the reimbursement of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (14) days of payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
Article 7. PAYMENT
7.1. Means of payment
The CUSTOMER can pay for his PRODUCTS online on the SITE using the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he has all the authorizations required to use the means of payment chosen.
The SELLER will take all necessary measures to guarantee the security and
confidentiality of data transmitted online as part of online payment on the SITE.
It is specified in this respect that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In the event of partial DELIVERY, if the CUSTOMER decides to cancel his order of
PRODUCTS unavailable, reimbursement will be made in accordance with the last
paragraph of article 5.5 of these General Conditions by the same method of payment.
7.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CLIENT proves 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 for an amount greater than 120 euros including tax 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 archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment by the CLIENT.
The above provisions do not preclude the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the reservation. property, as well as the risk of damage that they may cause.
Article 10. Delivery
The methods of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link "Delivery information" for France.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.
Article 12. Warranties
12.1. Compliance Guarantee
The SELLER is required to deliver a compliant PRODUCT, 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 has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER is likely to answer for lack of conformity
existing at the time of delivery and defects of conformity resulting from the packaging.
In the event that a replacement is impossible, the SELLER
undertakes to refund the price of the PRODUCT within 14 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address EFILOG-EXALT ZI-OUEST 18 RUE DES FRERES CHAPES 72200 LA FLECHE.
12.2. Warranty against hidden defects
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which render it unfit for consumption.
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose the reimbursement of the price of the PRODUCT.
The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
Article 13. Liability
The responsibility of the SELLER can in no case be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. French courts and tribunals.
It is also specified that the SELLER does not control the websites which are
directly or indirectly related to the SITE. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no guarantee is provided as to their content.
Article 14. Personal data
The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL under number 1204553, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CLIENT benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion. of his personal data. He can exercise this right by sending an e-mail to the address: firstname.lastname@example.org or by sending a letter to EXALT SAS, 11 REMPART SAINT THIEBAULT , 57000 METZ
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Article 15. Complaints
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 03 72 52 02 28.
Any written complaint from the CLIENT must be sent to the following address: EXALT SAS, 11 REMPART SAINT THIEBAULT , 57000 METZ
Article 16. Intellectual property
All the 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 the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions.
Any terms not expressly addressed herein shall be governed
in accordance with the practice of the retail sector for individuals, for companies whose head office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions 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 Conditions as well as the relations between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to the arbitration or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract arises, including relating to its 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 a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject of the negotiation. By way of exception, the parties are authorized to seize the court of summary proceedings or to seek the pronouncement of an order on request. A possible action before the court of summary proceedings or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.
Principle of withdrawal
The CUSTOMER has in principle the right to return or return the PRODUCT to the
SELLER or a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of its decision to withdraw.
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 CLIENT, takes physical possession of the PRODUCT.
RIGHT OF WITHDRAWAL RELATING TO THE SALE OF CHEESE
In accordance with article L121-21-8-4° of the consumer code stipulating that "The right of withdrawal cannot be exercised for contracts for the supply of goods likely to deteriorate or expire rapidly", the SELLER shall not will not proceed with the cancellation and reimbursement of a cheese basket from the 6th of the month in which the baskets are sent.
Based on this same article L121-21-8-4° of the consumer code, all deliveries that could not be completed quickly for a reason specific to the customer, and whose contents of the basket are no longer consumable, will not give not give rise to a refund or a free return of the basket.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: EXALT SAS, 11 REMPART SAINT THIEBAULT , 57000 METZ or email@example.com.
He can also use the form below:
For the attention of: EXALT SAS, 11 REMPART SAINT THIEBAULT , 57000 METZ
Telephone number: 03 72 52 02 28
E-mail address: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT(S)
Purchase order number:
- Ordered on [____________]/received on [________________]
- Means of payment used:
- Client name :
- CUSTOMER address:
- Delivery address :
- Signature of the CUSTOMER (except in the case of transmission by email)
In order for the withdrawal period to be respected, the CUSTOMER must send his
communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
The SELLER will proceed with the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs. to the customer.
The SELLER may defer reimbursement until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, the date chosen being that of the first of these events.
The CLIENT shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to: EFILOG-EXALT ZI-OUEST 18 RUE DES CHAPES BROTHERS 72200 LA FLECHE.
This deadline is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.
The CUSTOMER must bear the direct costs of returning the goods.
Condition of the returned item
The PRODUCT(S) must be returned in perfect condition and unopened.
The CUSTOMER's liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his responsibility may be engaged if he carries out manipulations other than those which are necessary.
The PRODUCTS are packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must adhere to the same standards when returning PRODUCTS. As such, the CUSTOMER is invited to return the PRODUCT that does not suit him 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 liable to deteriorate or expire rapidly
The PRODUCTS offered can only be delivered in the following countries: France (including Corsica and Monaco and DOM), Belgium, Germany, Switzerland, Italy, Luxembourg, Great Britain and the Netherlands, Spain, Portugal.
It is not possible to place an order for any delivery address located outside these countries.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.
The deadlines for preparing an order and then establishing the invoice, before dispatch of the
PRODUCTS in stock are mentioned on the SITE. These deadlines do not include weekends or public holidays.
An electronic message will be automatically sent to the CUSTOMER at the time of
shipping of the PRODUCTS, provided that the email address appearing in the
registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
Any order validated before 12 p.m. (Monday to Friday) will theoretically be delivered the next day between 8 a.m. and 6 p.m. (for France, 48 hours for the departments of the south of France), except for delays due to the carrier; RELAIS-PARCELS deliveries are generally made before 4 p.m. the next day (excluding Sundays).
The package will be delivered to the CLIENT against signature.
In case of absence, a delivery notice will be left to the CUSTOMER, in order to allow him to contact the delivery company.
The CUSTOMER is informed of the theoretical delivery date when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within ten (10) days maximum. Otherwise, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.
The SELLER will reimburse, without undue delay from receipt of the letter of termination, to the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same payment method used by the CLIENT to purchase products.
The SELLER is responsible until delivery of the PRODUCT to the CLIENT. The CUSTOMER is required to check his package upon delivery, in the event of missing PRODUCT(S) or damage(s), written reservations must be made by the CUSTOMER to the delivery person.
In the event of litigation, the original packaging and the defective products must be kept until the resolution of the said litigation. The SELLER advises the CUSTOMER to inform the SELLER within a maximum period of 24 hours from delivery.
In the event of an incident during delivery, the CUSTOMER is invited to contact the SELLER to indicate the damage that occurred during delivery. The SELLER recommends that the CUSTOMER confirm the incident by e-mail to the SELLER within 24 hours.
In the case of missing PRODUCT(S) or degradation(s), after acceptance by our services, a credit note to be applied to future orders will be offered to the CUSTOMER.
UNDER NO CIRCUMSTANCES will another package be sent.
In the event of non-delivery for repeated absences or refusal of the parcel by the CUSTOMER or non-presentation at the relay-parcel (within 10 working days to recover a parcel delivered in relay-parcel), the parcel will be returned to the SELLER and the CUSTOMER will not be refunded.