Article 1. - Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. They are accessible on the website https://comptoirdesconfitures.fr and will prevail, if necessary, on any other version or any other contradictory document. The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have seat in France.
Article 2. - Object
The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://comptoirdesconfitures.fr. They only concern purchases made by buyers located in France and delivered exclusively on the French metropolitan territory. For any delivery outside France, it is advisable to address a message to: email@example.com. These purchases concern the products present on the site https://comptoirdesconfitures.fr.
Article 3. - Pre-contractual information
3.1. The purchaser recognizes to have had communication, before the placing of his order and the conclusion of the contract, in a legible and comprehensible way, of the present general conditions of sale and all the information listed in the article L. 121-17 of the code of the consumption.
3.2. Are transmitted to the buyer, in a clear and understandable way, the following information :
- the essential characteristics of the good or service ;
- the price of the good or service;
- in the absence of immediate execution of the contract, the date or the deadline by which the provider undertakes to deliver the good or to execute the service, whatever its price;
3.3 Information on the company: - Corporate name: Comptoir des Confitures - 5 Hameau du Mareau - 10130 Coursan-en-Othe - Siret: 437 602 790 00028 - Number of Intracommunity VAT: FR03437602790 The customer service is reachable in : (+33)(0)184.108.40.206.04 or at the following e-mail address: firstname.lastname@example.org
Article 4. - The order
The buyer has the possibility to place his order online, from the online catalog for any product, within the limits of available stocks. In case of unavailability of a product ordered, the buyer will be informed by e-mail or phone call. For the order to be validated, the buyer will have to accept, by clicking where indicated, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final: - after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail and after collection by the seller of the full price. Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below. In certain cases, in particular default of payment, erroneous address or other problem on the account of the purchaser, the salesman reserves the right to block the order of the purchaser until the resolution of the problem. The cancellation of the order of this Product and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive. For any question relating to the follow-up of an order, the purchaser must call (+33)(0)220.127.116.11.04.
Article 5. - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement:
- Payability of the sums due under the purchase order,
- signature and express acceptance of all operations carried out. In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact (+33)(0)18.104.22.168.04.
Article 6. - Confirmation of order concerning the professionals with an aim of resale: The salesman " Comptoir des Confitures " provides to the professional purchaser, a copy of the contract by e-mail which will have to be returned to him, before departure of the goods, signed by the parts or, with the agreement of the purchaser, on another durable support, confirming rengagement express of the parts.
Confirmation of order concerning the private individuals, the acceptance of the present general conditions of sale on the online store must be validated before payment.
Article 7. - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of the purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.
Article 8. - Information on the products
The products governed by these general conditions are those which appear on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible. The photographs of the products are not contractual.
Article 9. - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store. The payment of the totality of the price must be realized at the time of the order. At no time, the paid sums could be regarded as deposits or installments.
If one or several taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products. If the price is payable in one instalment, indicate : The price is payable in full and in a single payment.
Article 10. - Mode of payment
It is an order with obligation of payment, which means that the placing of the order implies a payment of the purchaser. To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site of the seller. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order.
The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid a previous order or with whom a payment dispute is being administered.
The seller has set up an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to send a copy of an ID and proof of address by email to the seller. The order will then be validated only after reception and verification by the salesman of the sent parts.
The payment of the price is carried out cash with the order, according to the following methods: by bank card Visa, Eurocard, American Express, by bank transfer or PayPal. The payments made by the buyer will be considered as final only after effective collection of the sums due, by the seller.
Article 11. - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirmation of the order.
For deliveries in France, we strive to ensure a period of 3 to 5 working days from the day after the buyer has placed his order. In case of non-compliance with the agreed delivery date or time, the buyer shall, before terminating the contract, request the seller to execute the contract within a reasonable additional time.
If the Seller fails to do so within such further period, the Buyer shall be entitled to rescind the contract at its own discretion. The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract will be considered as cancelled upon receipt by the seller of the letter or writing informing him of this cancellation, unless the professional has performed in the meantime.
The buyer may, however, terminate the contract immediately, if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12. - Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the good. It is made only after confirmation of the payment by the banking organization of the salesman.
The ordered products are delivered according to the following methods: Colissimo or by an independent carrier, depending on the size and weight of the products ordered and at the exclusive initiative of the seller. No deliveries are made to leftover post offices and post office boxes. The products are delivered to the address indicated by the buyer on the order form. The buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the mailbox, which will allow the buyer to pick up the package at the place and during the time indicated. If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products ...).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note. The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by e-mail or simple mail to the salesman to the address indicated in the legal mentions of the site. If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 7 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 13. - Errors of delivery
The purchaser shall submit to the seller within fourteen working days of receipt of the goods, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this period will be rejected. The claim can be made via the e-mail address: email@example.com. Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number. In case of error of delivery or exchange, any product to exchange or to pay off will have to be turned over to the salesman as a whole and in its packing of origin, in Colissimo Recommandé, to the following address: Comptoir des Confitures - 5 Hameau du Mareau - 10130 COURSAN EN OTHE. The expenses of return are chargeable to the salesman.
Article 14. - Transfer of the risks
The property of the sold thing is transferred to the purchaser at the time when this last or a third designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods.
Article 15. - Guarantee of the products
The sold products are covered by the legal commercial guarantee of conformity of the article L. 211-4 of the code of the consumption and the guarantee of the defects of the sold thing of the articles 1641 and following of the civil code aiming at guaranteeing their conformity and ensuring the refunding of the purchase price, the replacement or the repair of the goods in the event of nonconformity.
Article 16. - Right of withdrawal
In accordance with the provisions of the code of consumption, the purchaser has a period of 14 working days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the cost of return which remains the responsibility of the purchaser. The products must be returned in their original condition, unopened and complete, allowing them to be remarketed in new condition, accompanied by the purchase invoice, within 14 days of the notification to the seller of the buyer's decision to withdraw.
Products that have been opened, damaged, soiled or incomplete are not accepted. The right of withdrawal can be exercised online, using the contact page available on the website https://comptoirdesconfitures.fr. . In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery costs are refunded. The return costs are at the buyer's expense. The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 17. - Force majeure
All circumstances beyond the control of the parties preventing the execution of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension. The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance. Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers. The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 18. - Intellectual property and of the Brand Comptoir des Confitures.
The contents of the Internet site (technical documents, drawings, photographs etc...) remain the property of the salesman Catherine Manoël of Comptoir des Confitures, only holder of the rights of intellectual property on this contents.
The purchasers make a commitment not to make any use of this content; any reproduction, modification, including on the sold products intended for the resale (Mark, label, etc) total or partial of this content is strictly forbidden and is likely to constitute an offence of counterfeit.
Article 19. - Data processing and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders. The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the website https://comptoirdesconfitures.fr.
We remind you that when a customer communicates his telephone data, he has the right to register on the list of opposition to telephone solicitation. For more information, he can consult the website www.bloctel.gouv.fr.
Article 20. - Partial non-validation
If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their range.
Article 21. - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 22. - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23. - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 24. - Mediation
CONSUMER MEDIATION SERVICE: Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.
In the event of unresolved disputes between the Professional and the Consumer, the Consumer may refer the matter to the Consumer Mediator.
Before seizing the mediator of consumption, the consumer must already have tried to solve his dispute directly with the Professional by a written complaint or have made a complaint according to the terms of the contract concluded with the Professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, a mediation of consumption will take place according to a precise process and according to the texts in force.
The procedure is free for the consumer (R612-1 of the Consumer Code).
TO SEIZE THE MEDIATOR OF CONSUMPTION :
Amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code. Procedure is free for the consumer
House of Justice and Law
Courts, mediation centers
4 r Jaillard - 10000 TROYES
Never send original documents to the consumer ombudsman. Please make photocopies.
Never send defective or disputed items or items for reimbursement to the Consumer Ombudsman.
European platform for online dispute resolution:
Address of contact Comptoir des Confitures : firstname.lastname@example.org
Article 25. - Applicable law
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the purchaser shall first contact the seller to obtain an amicable solution.
APPENDIX - Provisions relating to legal guarantees.
Art L211-4 of the French Consumer Code: The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Art L211-5 of the Consumer Code: To be in conformity with the contract, the goods must :
- 1 Be fit for the purpose usually expected of similar goods and, where appropriate : - correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling.
- 2 Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Art 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Written in June 2021 and valid until June 2026.