1. DefinitionS OF THE TERMS
The terms below, when preceded by a capital letter, have the following meanings for this contract.
Customers: refers to a person who places an Order through the Site with the Company.
Order: refers to a Product Order placed by a Customer on the Site with the Company.
GTC: refers to these general terms and conditions of sale.
Party: refers to the Client or the Company. When the term is used in the plural, it refers to both.
Products: refers to the Products put online by the company on the Site for sale to Customers.
Site: refers to the website put online by the Company at www.guysavoyboutique.fr and www.guysavoyboutique.com for the purpose of selling the Products to Customers.
Company: refers to SOCIETE D'EXPLOITATION TARRERIAS-BONJEAN, a joint stock company with a capital of 3,240,000 euros, whose registered office is at CELLES SUR DUROLLE (63250), Chabenty, registered in the CLERMONT-FERRAND Trade and Companies Register under number 397 879 909.
2. General provisions
2.1 Purpose of the GTCs
These GTCs are applicable, to the exclusion of any other conditions, to the online sale of the Products on the Site, by the Company to Customers.
2.2 Scope of application
These GTCs shall automatically apply to any sale of Products made on the Site by the Company to Customers. In the event that the Client does not have the status of consumer as defined by law and case law, and in particular in the preliminary article of the Consumer Code as "any natural person acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity," he/she may not rely on the provisions of the GTCs resulting from mandatory provisions of the Consumer Code.
2.3 Client Capacity
The Customer declares that he/she has the legal capacity to place an Order.
2.4 Availability of GTCs
The Customer may access the GTCs on the Site where they can be directly viewed and downloaded.
2.5 Modification of GTCs
The GTCs may be changed at any time.
In the event of a change in the GTCs the applicable GTCs shall be those in force on the date of the Order.
2.6 GTCs Clauses
The nullity of a clause of the GTC does not result in the nullity of all the GTC.
The products offered for sale are those presented on the Site. They are offered within the limits of available stocks.
The photos and description of the Products are intended to ensure that the Customer's information is as accurate as possible. However the Company shall not be liable for any errors and/or omissions in this presentation.
The dimensions of our Products and enclosures are given subject to tolerances depending on the manufacturing processes.
The Company reserves the right to make changes to the Product ordered that are related to technical developments under the conditions provided for in the 4th paragraph of Article R. 212-4 of the Consumer Code.
4. Obligation to provide pre-contractual information
The Customer acknowledges having received, prior to placing his/her Order, in a readable and understandable manner, these GTCs and all the information listed in Article L.221-5 of the Consumer Code.
5. Registration and confirmation of the order
Before concluding the Order, the Site reminds the Customer in particular of the information relating to the essential characteristics of the Product which is the subject of the Order, its price and payment terms, the terms of delivery of the Product, the terms of legal and, where applicable, commercial guarantees and after-sales service, the identity and contact details of the Company and the right of withdrawal, as provided for in Article L. 221-5 of the Consumer Code.
For the order to be validly concluded, the Customer has, in accordance with the so-called "double-click" rule, the possibility to check the details of his/her Order and its total price, and to correct any errors, before confirming it to express his/her acceptance.
To this end, in order to allow the Customer to return to his/her order before definitively validating it, the Company has created validation and acceptance pages.
The Order will only be definitively recorded once the last validation of the Order summary screen has been completed.
Once the Order has been validated and the payment confirmed to the Company, the latter shall immediately send the Customer an e-mail confirming acceptance of the Order. By keeping this e-mail and/or printing it, the Client holds proof of his/her Order, which the Company recommends they keep. This email confirms that the Company has taken the Client’s Order into account.
6. Proof of order
Orders for an amount greater than or equal to 120 euros are recorded for a period of 10 years from the date of the Order. The Client may have access to it upon request to the Company.
Offers relating to the Products are valid as long as they are visible on the Site. All the Products are guaranteed new in accordance with the legislation in force and have therefore never been the subject of prior use.
When placing an Order, the Customer is informed of the availability of the Products he/she wishes to purchase. Nevertheless, if, despite the Company's vigilance, certain Products prove to be temporarily or permanently unavailable, the Company will inform the Customer by e-mail. The Customer may therefore either exchange, request credit for another Order or request a refund for this Product, the rest of the Order remaining firm and definitive, unless the Customer has the right of withdrawal.
8. Price, payment and invoicing
Confirmation of the Order by the Customer implies payment by the Customer.
The prices of the Products are indicated on the Site in euros including VAT, excluding transport, delivery, postage and any other charges that may be due, such as customs duties, if any.
The prices of the Products and the costs of transport, delivery, postage and all other charges that may be due are specified before the Order is validated. The possible existence of customs duties, at the Client's expense, is also specified before the Order is validated.
The Company reserves the right to change prices at any time. Only the prices indicated at the time of the Order will be applicable to the Customer.
Any change in VAT rates will be automatically reflected in the price of the Products.
The price is due immediately after confirmation of the Order by the Customer.
Payments are made by credit card, via the Banque Société Générale's secure online payment site ("SOGENACTIF") and PAYPAL or by bank transfer.
In order to optimize the security of Internet transactions, an online payment system is offered to the Customer that encrypts the Customer's credit card number. However, the guarantees granted by the Company with respect to transaction security are identical to those obtained by the Company from software manufacturers. To be able to benefit from the secure payment method, the Customer must use browsers compatible with the system.
The Company reserves the right to refuse to make a delivery in the absence of payment or in the event of partial payment. The Company still reserves this possibility in the event of a dispute, not definitively judged, with a Client.
The invoice of the order will be inserted in the package containing the ordered Product(s).
Delivery refers to the transfer to the Customer of physical possession and control of the Products.
9.1 Delivery times
The Company undertakes to deliver the Products within the time limit indicated on the Site when the Order is placed.
Delay in delivery not due to force majeure may result in termination of the sale by the Customer. The latter must express his/her willingness to cancel the sale by registered mail with acknowledgement of receipt or in writing on another durable medium, after having instructed the Company, according to the same terms, to deliver the Products within a reasonable additional period.
The Order shall be deemed terminated upon receipt by the Company of the written notice of such termination, unless the Company has meanwhile complied with it.
The Customer may immediately terminate the Order if the Company refuses to deliver the Products ordered or if it fails to fulfil its obligation to deliver the Products on the date specified in the Order and if this date constitutes an essential condition of the Order for the Customer.
In the event that the Order is terminated, the Customer shall receive from the Company, at the latest within thirty (30) days, the return of his/her payment, excluding any compensation.
9.2 Delivery terms and conditions
Delivery is made, at the Customer's choice, by post or by a carrier, to the address provided by the Customer when placing the Order or to one of the delivery points offered on the Site and selected when placing the Order.
In the event that the Customer chooses a delivery to an address he communicates, the Customer ensures that the address indicated allows delivery on workdays. The Company refuses delivery to post office boxes.
Delivery will be made either by direct delivery of the Product to the Customer, or by notification of availability allowing the Customer to collect the package at the place and within the time indicated on this notification.
The Company cannot be held responsible for delivery problems resulting from difficulties of access to the place of delivery or to an incomplete or incorrect address. In this case, any package sent back to the Company will be sent back to the Customer, at the Customer's expense, after the new shipping address is validated.
If the Customer orders many Products, the Company may be obliged to deliver the Products in several packages. If it is necessary to make more than one delivery, the Customer will be informed in advance.
9.3 Delivery verification
Upon receipt of his/her Order, the Customer must check the conformity of the delivered goods before signing the delivery note. The Customer must indicate on the delivery note, accompanied by his signature, any anomaly concerning the delivery (non-conformity, missing product, damaged product, open or damaged package...).
This verification will be deemed fulfilled when the Customer, or a person authorized by him, has signed the delivery note.
If at the time of delivery, the original packaging is opened, damaged or torn, the Customer must then check the condition of the Products. If they are damaged, the Customer must refuse the package and make note explaining refusal on the delivery slip (Example: "package refused because of opened or damaged goods") and send a letter explaining why the goods were refused, by registered mail with acknowledgement of receipt, within two working days of delivery, to the carrier and send a copy of this letter by post, fax or e-mail to the Company.
The Customer is responsible for the Products from the moment they have been delivered to him following his acceptance of the delivery.
9.4 Delivery costs
Metropolitan France | 24/48h | 12 €
Zone 1&2: Germany, Austria, Belgium, Belgium, Denmark, Spain (Ceuta and Melilla), the Spanish Peninsula, Finland, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom and Sweden | 24/48h | 26.40 €
Zone 3: Bulgaria, Croatia, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Czech, Republic, Romania, Slovakia and Slovenia | 24/48h | 28.56 €
Zone 4: Albania, Andorra, Bosnia, Gibraltar, Guernsey, Jersey, Liechtenstein, Macedonia, Moldova, Montenegro, Norway, Serbia, Switzerland Turkey and Vatican 24/48h | 33.76 €
Zone 5: Canada, United States of America, Mexico and Saint Pierre and Miquelon 24/48h | 33.47 €
Zone 6: South Africa, Algeria, Bangladesh, Cambodia, China, South Korea, Egypt, Guadeloupe, French Guiana, Hong Kong, India, Indonesia, Japan, Malaysia, Morocco, Martinique, Mayotte, the Philippines, Singapore, Sri Lanka, Taiwan, Thailand, Tunisia and Vietnam 24/48h | 36.48 €
10.1 Legal guarantees
The Company guarantees the conditions set by Articles L. 217-4 et seq. of the Consumer Code relating to the legal guarantee of conformity without excluding the choice left to the Client by Article L. 217-13 of the same code to act on the basis of the guarantee against hidden defects of the item sold (Articles 1641 et seq. of the Civil Code) or any other action of a contractual or non-contractual nature that is recognised by law.
The Client's requests made under the legal guarantee of conformity or the guarantee against hidden defects of the item sold must be addressed by the Client to the Company at the address given in Article 17 ("Contact") below.
In accordance with the decree of December 18, 2014 relating to the information contained in the general terms and conditions of sale relating to the legal guarantee, may be found in this box of text:
When the Customer acts as a legal guarantee of conformity:
- He/she has a period of two (2) years from the delivery of the Product to act.
- He/she may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
- He/she is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he/she may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
10.2 After-sales services
Claims under the legal warranty must be sent by e-mail to the address given in Article 17 ("Contact") below.
11. Withdrawal period
11.1 Right of withdrawal
The Customer has a withdrawal period of fourteen (14) working days within which to return any Product that does not suit him/her and to request an exchange or refund of the sums paid (including all expenses paid, in particular for delivery) without having to justify himself or pay any penalty, with the exception of return costs, which remain the responsibility of the Customer.
This fourteen (14) day period starts the moment the Product is received, or the receipt of the last Product in the event where several Products were ordered at the same time, or the last batch when the Product consists of several batches.
The Customer exercising his/her right of withdrawal must return the Products concerned, complete (packaging, accessories, instructions, etc.) and in perfect original condition, including the original packaging, to the address given in Article 17 ("Contact") below, at the latest fourteen (14) days after having communicated his decision to withdraw to the Company.
The Company will not take back products that do not function, are soiled or damaged.
The Customer can exercise the right of withdrawal online, using the withdrawal form available on the Site. In this case, an acknowledgement of receipt recorded on a durable medium will be immediately communicated to the Client. However, any other method of declaration of withdrawal is accepted, provided that it is unambiguous and expresses the Client's intention to withdraw, in particular by using the standard withdrawal form mentioned in 2° of Article L.221-5 of the Consumer Code, a paper copy of which also appears in the Order.
The exchange (subject to availability) or refund will be made on the date of recovery of the Products by the Company or, if earlier, on the date on which the Customer has provided proof of shipment of such Products to the Company.
11.2 Absence of the right of withdrawal
11.2.1 Customized products
It is specified that under the terms of Article L. 221-28, paragraph 3 of the Consumer Code, the right of withdrawal may not be exercised in particular for contracts including "goods made to the consumer's specifications or which have been personalized."
Customized Products are subject to special treatment insofar as they are created especially for you. The right of withdrawal is therefore not applicable to these personalized Products.
11.2.2 Food products
It is specified that under the terms of 4° and 5° of Article L. 221-28 of the Consumer Code, the right of withdrawal may not be exercised in particular for contracts "for the supply of goods likely to deteriorate or expire rapidly" and "for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection."
For health reasons, the right of withdrawal is therefore not applicable to these Food Products.
It is specified that under the terms of 9° of Article L. 221-28 of the Consumer Code, the right of withdrawal may not be exercised for contracts that "supply audio or video recordings or computer software when they have been unsealed by the consumer after delivery."
The right of retraction is therefore not applicable to DVDs sold on the Site once the Customer has opened them.
The Company shall not be held liable for the non-performance of the Order in the event of non-performance or improper performance by the Customer or in the event of force majeure.
In any event, the Customer shall benefit from the guarantees referred to in Article 10 above.
In all cases, the Company's liability is limited to the price of the Product paid when the Order is placed, plus the cost of delivery.
The Products offered comply with French and European laws, regulations and standards.
13. INTELLECTUAL PROPERTY
All the elements present on the Site (trade names, trademarks, names, photos, texts, videos) are and remain the intellectual and exclusive property of the Company or their owners who have granted a license or authorization to operate them to the Company.
No one is authorized to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the Site.
14. PERSONAL INFORMATION
In application of the law n°78-17 of January 6, 1978 relating to data processing, files and privacy, the personal information requested from the Client is necessary for the processing of his/her order and is intended solely for the Company's services.
The processing of information communicated by the Client to the Company via the Site has been declared to the CNIL under number 2033084.
The Client has a right of permanent access, modification, rectification and opposition to the information concerning him/her. This right may be exercised under the conditions and in accordance with the procedures defined on the Site.
15. APPLICABLE LAW
The applicable law is French domestic law.
16. DISPUTE RESOLUTION
Any complaint, along with the Order number, must be addressed to the Company, by post or e-mail, at the address given in Article 17 ("Contact") below.
16.2 AMICABLE SETTLEMENT OF DISPUTES
Under Article L. 612-1 of the Consumer Code, "every consumer has the right to recourse, free of charge, by calling upon a consumer mediator to help come to an amicable resolution of the dispute between him/her and a professional."
Disputes falling within the scope of the provisions of the article L. 612-1 of the Consumer Code are disputes defined in article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the performance of a contract of sale or provision of services, between a consumer and a professional.
For any difficulty, the Client is invited to contact the Company in advance, by post or e-mail, at the address given in Article 17 ("Contact") below.
Within one year following the Client's request to the Company, the Client may have his/her request examined by a mediator whose contact details are given below, in accordance with the provisions of Article R.616-1 of the Consumer Code:
CENTRE DE MEDIATION ET DE REGLEMENT AMIABLE
DES HUISSIERS DE JUSTICE (MEDICYS)
73 Boulevard de Clichy
The same dispute may only be examined by a single mediator.
During the mediation procedure, the Client may, at his/her own expense, be represented by a lawyer or be assisted by any person of his/her choice.
16.3 TERRITORIAL JURISDICTION
If no amicable resolution is reached under the conditions referred to above, any dispute relating to the Order shall fall within the jurisdiction of the court of the place where the Customer resides or the court of the place where the Products are delivered.
OPERATING COMPANY TARRERIAS-BONJEAN
Headquarters: Chabenty - 63250 CELLES SUR DUROLLE
Administration office: ZAC de Pommier Chansonnière – 63650 LA MONNERIE LE MONTEL