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Terms and conditions of sale
DEFINITION OF THE PARTIES
Between the company Casse Noisettes,
39 Boulevard Saint Jacques, 1000, Paris,
with a share capital of €1,000,
registered with the Paris Trade and Companies Register,
under the SIRET number 907527154,
represented by Rama Rigolot in her capacity as President,
duly authorized for the purposes hereof.
The company can be contacted by email by clicking on the contact form accessible from the homepage of the website.
Hereinafter referred to as the “Seller” or the “Company”.
On the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter referred to as the “Buyer” or the “Customer”.
On the other hand,
PREAMBLE
The Seller is the manufacturer of plant-based specialties made from cashew nuts, marketed through its website (https://cassenoisettes.fr). The list and description of the products offered by the Company can be viewed on the aforementioned website, as well as on its sales pages.
ARTICLE 1 – OBJECT
These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products or Services made through the Company’s website and 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 GTCS are those in effect on the date of payment (or first payment in the case of multiple payments) of the order. These GTCS can be viewed on the Company’s website at the following address: https://cassenoisettes.fr/legal. The Company also ensures that their acceptance is clear and unconditional at the time of purchase. The Customer declares having read all of these General Terms and Conditions of Sale, and, where applicable, the Specific Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Customer declares they are legally able to contract under French law or validly represent the individual or legal entity for whom they are contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICES
The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also indicated in Euros, inclusive of all taxes (VAT + any other applicable taxes) on the product order page, and excluding specific shipping fees. For all products shipped outside the European Union and/or French overseas departments and territories (DOM-TOM), the price is calculated automatically excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be required in certain cases. These duties and amounts do not fall under the Seller’s responsibility. They will be borne by the Buyer and are the Buyer’s responsibility (declarations, payments to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are borne by the Customer. Shipping costs, if applicable, are also borne by the Customer.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of specific steps for each Product or Service offered for sale by the Seller in order to complete their order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Selection of the Product, if applicable, its options and entry of essential Customer data (identification, address, etc.); – Acceptance of these General Terms and Conditions of Sale. – Verification of the order details and, if necessary, correction of errors. – Follow the instructions for payment and payment of 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. They will receive a .pdf copy of these general terms and conditions of sale. For products delivered, the delivery will be made to the address provided by the Customer. For the proper execution of the order, the Customer agrees to provide truthful identification details. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, 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 websites. The Buyer certifies having received a detailed breakdown of the delivery costs as well as the terms of payment, delivery, and execution of the contract. The Seller undertakes to fulfill the Customer’s order within the limits of available stock only. Failing this, the Seller will inform the Customer. These contractual information are presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation upon validation of the order. The parties agree that illustrations or photos of products offered for sale have no contractual value. The validity period of the Product offer as well as their prices are specified on the product sales pages, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted under these terms are only granted to the individual signing the order (or the individual holding the email address provided).
In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or those that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 – RETENTION OF TITLE CLAUSE
The products remain the property of the Company until full payment of the price is made.
ARTICLE 7 – DELIVERY TERMS
The products are delivered to the delivery address provided during the order, and within the specified timeframe (maximum of 7 working days). This timeframe does not take into account the preparation time of the order. When the Customer orders several products at the same time, these may have different delivery times shipped under different conditions. The Seller provides a telephone contact point (local call cost from a landline) indicated in the order confirmation email to ensure the order is followed up. The Seller reminds the Customer that at the moment the Customer physically takes possession of the products, the risk of loss or damage to the products is transferred to them.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stock or subject to the stock available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card or bank check. Online payment by credit card is made by our payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during transmission over the network. Once the payment is made by the Customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the French Monetary and Financial Code, the payment commitment 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 price indicated. 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 inability to debit the card, the Sale is immediately canceled by operation of law and the order canceled.
ARTICLE 10 – RIGHT OF WITHDRAWAL
In accordance with Article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except, where applicable, for return shipping costs.” “The period mentioned in the preceding paragraph runs from the receipt of the goods or from the acceptance of the offer for services.” The right of withdrawal can be exercised by contacting the Company by email or phone. In case of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold in new condition; if possible, they should be accompanied by a copy of the proof of purchase.
ARTICLE 11 – GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and against hidden defects in products. The Seller refunds the Buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made by contacting the Seller by email or by simple letter. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to act against the Seller – may choose between the replacement or repair of the goods, subject to the conditions provided by the aforementioned provisions. apparently defective or not conforming – is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months as of March 18, 2016 – that the consumer may also assert the warranty against hidden defects in the item sold under Article 1641 of the Civil Code and, in this case, may choose between the resolution of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
ARTICLE 12 – CLAIMS
If necessary, the Buyer may submit any claim by contacting the company by email or by simple letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
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 GTCS. Any total or partial reproduction, modification, or use of these assets 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 case of force majeure or unforeseen circumstances that would prevent its execution. The seller will inform the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – NULLITY AND MODIFICATION OF THE CONTRACT
If any provision of this contract is annulled, this nullity shall not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
ARTICLE 16 – GDPR AND PERSONAL DATA PROTECTION
In accordance with the European regulation on the protection of personal data, you have the right to query, access, modify, oppose, and rectify personal data concerning you. By adhering to these general terms and conditions of sale, you consent to the collection and use of this data for the performance of this contract.
ARTICLE 17 – APPLICABLE LAW
All the clauses in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, will be governed by French law.