General Sales Conditions
These General Conditions of Sale (hereinafter "GCS") govern the relations between Mr. ARBONA Patrice, registered with the Trade and Commerce Register under number 519 877 815 RCS having its registered office at 12 AVENUE MARCELLIN MAUREL 06140 VENCE (hereinafter "the Seller") and any person (hereinafter "the Customer") wishing to order and purchase products offered on the "www.chocolat-parbona.com" site (hereinafter "the site") .
By "Customer" is meant exclusively any natural person at least eighteen (18) years old acting as a consumer within the meaning of the Consumer Code, that is to say for purposes which do not '' do not fall within the framework of its commercial, industrial, artisanal or liberal activity, which accepts to fill in the compulsory fields for the registration of its order and has a delivery address located in one of the areas served by the Seller .
These GCS therefore do not apply to legal persons, nor to natural persons placing an order for the needs of their professional activity.
It is expressly forbidden to buy products on the website for resale to anyone.
These GCS are available at any time on the site to allow the customer to order and purchase the products offered.
The customer acknowledges having read and accepted the GCS without reservation when placing an order.
These GCS associated with all other rules to which reference is made apply to all orders and sales relating to products offered for sale on the site to the exclusion of any other marketing channel.
The seller reserves the right to adapt and modify these GCS at any time.
The new GCS will be published on the site and will be applicable to any order placed after they are posted on the site.
2- CHARACTERISTICS OF THE PRODUCTS
The PATRICE ARBONA chocolate factory pays particular attention to the presentation of each product on the website and indicates its sales name, quantity, price, means of payment accepted by PATRICE ARBONA, any delivery restrictions as well as the information required by the legislation in force.
The company PATRICE ARBONA indicates the “date of minimum durability” (DDM) on the packaging of the products.
The photographs of the products are provided for information only and are in no way contractual. The descriptions indicate to the customer the essential characteristics of the products, for any additional information, the customer is invited to contact customer service by telephone at 09 91 92 34 59 or by e-mail at: email@example.com.
Product offers are subject to the limit of available stocks, as specified when placing the order.
3. ORDERING PROCEDURES AND TERMS
To place an order, you must have opened a customer account on the website, which requires the provision of personal data, protected under the conditions of article 12 hereof.
You confirm that the information communicated to the company PATRICE ARBONA is sincere, accurate and up to date.
You can update, correct or delete your data at any time by going to your customer account.
All information communicated by the Customer remains under his sole responsibility and all anomalies generated by the Customer cannot be attributed to the company PATRICE ARBONA in the event that it becomes impossible to proceed with the order or to ensure a result. positive, in particular due to an error in the delivery address.
You must choose a login and password to access your account that you must not communicate to anyone.
The company PATRICE ARBONA will not be responsible for any loss or damage likely to occur as a result of a lack of protection of your login or password.
If you have forgotten your password, an appropriate function on the website allows you to retrieve them from your e-mail address.
Orders are intended only for personal use, no order may be placed for resale or transformation without the express authorization of the seller.
The customer undertakes to complete the order form with precision and rigor.
The ordering process is as follows:
Choice of products and placing in the basket
Reading and acceptance of the GCS
Entering internship or discount codes if applicable
Connection to the personal customer account or creation of a new customer account.
If applicable: entering information about the customer: last name, first name, billing and / or delivery address, e-mail address.
Telephone number, choice of password
Entering invoicing and / or delivery addresses for the order
Validation of the amount of shipping costs if applicable
Choice of the place of withdrawal of the order and the date of withdrawal / delivery of the order
Payment of the order under the conditions provided
The order and its payment will be confirmed by the seller:
On the site following the payment
By email to the email address provided by the customer
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance.
This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.
The sale will not be considered final until the Customer has sent confirmation of the acceptance of the order by the Seller by e-mail and after receipt by the latter of the full price.
Any order placed on the “www.chocolat-parbona.com” website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
For any modification of an order, the customer is invited to contact customer service by phone at 09 81 82 34 59 or by email at firstname.lastname@example.org no later than two (2) working days before the withdrawal date or scheduled delivery.
Customer service can be reached from Tuesday to Friday from 9 a.m. to 5 p.m.
The seller reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order or who would present in his eyes any form of risk. The customer is responsible for the information he duly completed when ordering.
In the event of a data entry error, the seller will not be held responsible and cannot under any circumstances incur costs incurred by this error.
The prices indicated on the site are in Euros including tax, excluding shipping costs.
They take into account the French VAT in force on the day of the order.
These prices are firm and not revisable during their period of validity, as indicated on the website “www.chocolat-parbona.com”, the Seller reserving the right, outside this period of validity, to modify the prices at any time. moment.
The new prices in force will apply to any order placed after they are put online.
The prices take into account any reductions that would be granted by the Seller on the website “www.chocolat-parbona.com”.
They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon receipt of payment.
The delivery and shipping of the products involve additional costs depending on the destination of the goods.
5- MEANS OF PAYMENT
Online payment is made by VISA or MASTERCARD bank card or PAYPAL account via the site with the MERCANET secure payment solution offered by BNP PARIBAS.
Depending on the type of card, the customer must enter his card number, the expiration date and the security code (composed of 3 digits on the back of his bank card) and validate this data.
The customer agrees to use the bank card of which he is the holder.
In the event of fraudulent use, the seller cannot be held liable.
All bank card holders are subject to a validation and authorization check carried out by the issuing body.
If the organization refuses the payment authorization, the order will not be accepted.
In this case, the seller will not be responsible for any delay or refusal to fulfill the order.
The seller is not responsible for the costs charged by the issuing body on the occasion of payment by credit card of the order.
Payments made by the Customer will only be considered final after effective receipt of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel the delivery of orders in progress made by the Customer.
The products remain the property of the seller until full payment has been received by the seller.
6- WITHDRAWAL PERIOD
The right of withdrawal does not apply to contracts for the supply of the following products:
Goods made to the consumer's specifications or clearly personalized: this concerns all orders for gift baskets, macaroon boxes, logs, special cakes and personalized chocolates;
Fresh and perishable products such as macaroons, chocolates, pastries;
Goods unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
For other products, in accordance with the regulations in force, the Customer has a period of fourteen (14) days from receipt of the product to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, at the end of an exchange or refund.
However, a modification or cancellation on the part of the customer may possibly be taken into account if the order is being prepared or has not yet been prepared. This possibility is appreciable on a case-by-case basis.
In the event of cancellation, the refund will be made by check and sent to the address specified by the customer.
7- AVAILABILITY OF PRODUCTS
The products sold on the site are offered within the limits of available stocks. Exceptionally, a product presented as available may be unavailable once the order has been confirmed.
In case of out of stock, the seller will contact the customer by email or phone as soon as possible in order to define with him:
Postponing the order to the product restocking date when possible.
The replacement of the missing product by another equivalent in quality and price.
The seller's products are handcrafted and are available in limited quantities.
Given the high traffic during holiday periods, orders placed during these periods may entail greater risk of out of stock compared to those placed during the rest of the year.
8- DELIVERY CONDITIONS
Deliveries are made in mainland France and the Principality of Monaco.
The seller does not deliver to DOM-TOM.
The delivery time for packages is 2 to 5 working days from the date the order is taken. Chronopost does not deliver on Saturday and Sunday, any order shipped on Friday will arrive the following Wednesday at the earliest.
Shipments are made from Monday to Friday.
Deliveries are made by Chronopost, to the address mentioned by the Customer when ordering and which the carrier can easily access.
The customer undertakes to provide precise, exact and complete information to facilitate the delivery of his package. The seller reserves the right to contact the customer by telephone in the event of an incomplete or imprecise address in order to complete with him the information concerned in the event that the telephone number is not incorrect and the customer available.
In the event of an error concerning the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the order. The re-routing of the package to another recipient or to a new delivery address will be invoiced to the customer.
In the absence of the recipient or of a person able to take possession of the package upon delivery and if access to the recipient's mailbox is possible, the carrier will leave a transit advice note inviting the recipient to check in. go to the relay point mentioned (post office or trade) to collect the package.
The package will only be kept for fourteen (14) days at a relay point, after this date it will be destroyed.
The seller can in no case be held responsible for any deterioration of the products due to their late withdrawal by the recipient.
The Customer is required to check the condition of the products delivered.
Exceeding delivery deadlines cannot give rise to damages.
If the product under the responsibility of the carrier has not been delivered for any other cause related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may be resolved and the customer may obtain a refund. its payment to the exclusion of any other indemnity or damages.
The seller cannot be held liable in the event of non-compliance with the legislation of the country of destination of the packages.
It is the customer's responsibility to check with local authorities the possibilities of importing and using the products available on the site.
The customer is advised that the products will travel better during the cold periods of the year.
The customer agrees to come and collect his order on the date indicated when ordering.
Any order forgotten by a customer cannot be kept for more than 48 hours due to the perishable nature of the products.
Any forgotten order cannot be refunded under any circumstances, the seller cannot be held responsible for the alteration of an order due to its late withdrawal.
The products are made available to the customer in the shop and at the times mentioned below:
12 AVENUE MARCELLIN MAUREL
Open Tuesday to Saturday 9 am to 1 pm and 3 pm to 7 pm, Sunday 10 am to 1 pm
Shop pick-up exclusively on December 24 and 31
These places and times for order pick-up may be changed during holiday periods.
The changes will be available for consultation on the site at any time and may be communicated by telephone on 09 81 82 34 59 or by e-mail at the following address: email@example.com.
The transfer of ownership of the Seller's products to the Customer will only be carried out after receipt of the payment of the price by the bank, regardless of the date of delivery of said products.
Whatever the date of the transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the products. The products therefore travel at the risk and peril of the Seller.
The products sold on the Website comply with the regulations in force.
The products benefit as of right and in accordance with legal provisions,
the legal guarantee of conformity, for apparently defective, damaged or damaged products or not corresponding to the order,
the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for consumption.
In order to assert his rights, the Customer must inform the company PATRICE ARBONA, in writing, of the non-conformity of the products within a maximum period of three days from delivery or of the existence of latent defects within a period maximum of three (3) days from their discovery. After these deadlines, no complaint can be validly accepted by the company PATRICE ARBONA.
9- CLAIMS AND REIMBURSEMENT
The customer is required to ensure the conformity of his order upon receipt.
On delivery, any product missing or damaged must be indicated on the delivery slip.
To be taken into account, any complaint must be made within 48 hours of the date of delivery of the order by post to the following address:
12 AVENUE MARCELLIN MAUREL
or by email to the following address: firstname.lastname@example.org
In any event, the seller's liability will be limited to the amount of the order.
For reasons of hygiene and food safety, the company PATRICE ARBONA will not accept any return or exchange of foodstuffs, without prior agreement on its part.
In case of agreement for the return, the product must be returned in its original condition and packaging accompanied by proof of purchase.
The shipping costs will be reimbursed on the basis of the invoiced price and the return costs in the event of a complaint (excluding exercise of the right of withdrawal) will be reimbursed upon presentation of supporting documents.
After analyzing the situation, the company PATRICE ARBONA will determine at its discretion the appropriate arrangement, the reimbursement of the sums paid or a new delivery of the products within thirty (30) days of the cancellation of the order.
By accepting such replacement or reimbursement, the customer or any other party concerned agrees to waive any additional claim that may be made, including in particular the payment of interest.
10- PRODUCT QUALITY
The seller guarantees the customer that the products are manufactured and packaged according to strict quality and hygiene rules and stored according to the standards in force in France.
In the event that the customer does not comply with the conditions or the optimum storage dates for the products, the seller cannot be held responsible for any deterioration in the quality of his products.
All the items offered on the site are subject to the legal guarantee relating to the consequences of defects and hidden defects that may affect the products provided for by article 1641 of the Civil Code.
A period of three (3) days is provided from the date of delivery to address to customer service any reservations or complaints concerning the non-conformity or the apparent defect of the delivered items.
After this period and if this formality has not been respected, the items will be considered as compliant and free from any apparent defect. Therefore no complaint can be accepted by the seller.
11- INTELLECTUAL PROPERTY
All the elements of the site (photographs, illustrations, pictograms, logos, brands and descriptions) are and remain the intellectual and exclusive property of the seller.
The reproduction, representation, exploitation, redistribution or use for any purpose whatsoever, even partially, of the elements of the site whether they are software, visual or sound, are subject to the express prior authorization of the seller and may be subject to financial consideration.
12- PROTECTION OF PERSONAL DATA
12.1. COLLECTION OF PERSONAL DATA
The personal data that are collected on the site “www.chocolat-parbona.com” are as follows:
When creating the Customer's account, his name, first name, email address, date of birth, delivery and billing address.
When the Customer connects to the website, the latter records, in particular, his name, first name, connection, use and location data and his payment data.
The use of the services provided on the site makes it possible to complete a profile, which may include an address and a telephone number.
Cookies are used as part of the use of the site. The customer has the option of deactivating cookies from their browser settings.
12.2. USE OF PERSONAL DATA
The personal data collected from Customers is intended to provide the services of the website, improve them and maintain a secure environment.
More specifically, the uses are as follows:
Access and use of the site by the customer;
Management of the operation and optimization of the website;
Manage our commercial relationship;
Organization of the conditions of use of payment services;
Verification, identification and authentication of data transmitted by the customer;
Keep and update our client files;
Personalization of complementary or promotional offers or display advertisements based on the customer's browsing history, according to their preferences;
Prospecting and development of the Seller's activities;
Carry out analyzes and statistics, and develop management, measurement and reporting tools with a view to adapting the Seller's commercial and marketing activities;
Prevention and detection of fraud, malware (malicious software) and management of security incidents;
Management of any disputes with customers;
Sending of commercial and advertising information, based on customer preferences.
12.3. SHARING OF PERSONAL DATA WITH THIRD PARTIES
Personal data may be shared with third-party companies in the following cases:
When the customer uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which the Seller has entered into contracts;
When the client publishes publicly accessible information in the free comment areas of the website;
When the customer authorizes the website of a third party to access his data;
When the website uses the services of providers to provide customer support, advertising, product delivery and payment services. These service providers have limited access to customer data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. ;
If the law requires it, the Seller can carry out the transmission of data to follow up the claims presented against him and to comply with administrative and legal procedures;
If the Seller is involved in a merger, acquisition, transfer of assets, or bankruptcy proceedings, he may be required to sell or share all or part of his assets, including personal data. In this case, customers would be informed, before personal data is transferred to a third party.
12.4. TRANSFER OF PERSONAL DATA
The Seller undertakes not to transfer personal data outside the territory of the European Union without the prior authorization of the Customer and in a secure environment in accordance with the requirements of the applicable legislation, that is to say - say either to countries with a so-called "adequate" level of protection within the meaning of the European personal data protection authorities (CNIL), or to entities that have signed contractual clauses as issued by the European authorities.
12.5. SECURITY AND CONFIDENTIALITY
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
12.6. IMPLEMENTATION OF USER RIGHTS
In application of the regulations applicable to personal data, customers have the following rights:
They can update or delete data concerning them by logging into their account and configuring the parameters of this account;
They can delete their account, by writing to the following email address: email@example.com It should be noted that information shared with other customers may remain visible to the public on the website, even after deletion of their account;
They can exercise their right of access, to know the personal data concerning them, by writing to the following email address: firstname.lastname@example.org In this case, before the implementation of this right, the Seller may request proof of the client's identity in order to verify its accuracy;
If the personal data held by the Seller is inaccurate, they can request the updating of the information, by writing to the following email address: email@example.com
Customers can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: firstname.lastname@example.org
12.7. EVOLUTION OF THIS CLAUSE
The Seller reserves the right to make any modification to this clause relating to the protection of personal data at any time.
If a modification is made to this personal data protection clause, the Seller undertakes to publish the new version on its site.
The seller will also inform the customer of the modification by electronic mail, within a minimum period of fifteen (15) days before the effective date. If the customer does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
13- SELLER'S RESPONSIBILITY
The Seller's liability cannot be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the product, accident or force majeure
The Seller cannot be held responsible and no compensation can be requested for the defect or delays in delivery of the Products sold.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
14- INDEPENDENCE OF CLAUSES
In the event that one of the clauses of these GCS was declared inapplicable or invalidated for any reason, this invalidity will not affect the application or validation of the other clauses. The clause invalidated or deemed inapplicable will be replaced by the closest possible provision.
15- FORCE MAJEURE
Neither the seller, nor the customer can be held responsible for any non-performance, non-performance or delay in the performance of any of the obligations described in these GCS which would have originated in a case of force majeure or a case of disaster. natural as defined by the courts.
The Seller cannot be held responsible for interruptions, delays or unavailability of the Site due to maintenance work, interruptions of the Internet network, technical breakdowns, a case of force majeure, the act of a third party or any circumstance whatsoever. 'she is.
The Seller strives to ensure to the best of its ability, the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct at any time and without notice.
The Site contains information from third parties. The Seller therefore gives no guarantee as to the accuracy, precision or exhaustiveness of the information made available on the Site.
The Seller's liability can in no case be held liable for any occasional errors that may occur on the site.
16- APPLICABLE LAW - LANGUAGE
These GCS are governed by French law.
In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
17 - DISPUTES
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts within the jurisdiction of Nice.
In the event of a dispute, an amicable solution will be sought as a priority before any legal action. The customer is invited to contact customer service by post at the following address:
12 AVENUE MARCELLIN MAUREL,
18 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The fact for a natural person (or legal entity), of ordering on the Internet site "www.chocolat-parbona.com" implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the products ordered, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
ARTICLE L217-4 OF THE CONSUMER CODE
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
ARTICLE L217-5 OF THE CONSUMER CODE
To comply with the contract, the good must:
Be fit for the use usually expected of a similar good and, where applicable:
Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
ARTICLE L217-12 OF THE CONSUMER CODE
The action resulting from the lack of conformity lapses two years after delivery of the goods.
ARTICLE L217-16 OF THE CONSUMER CODE
When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
ARTICLE 1641 OF THE CIVIL CODE
The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
ARTICLE 1648 PARAGRAPH 1 OF THE CIVIL CODE
The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX II - WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on “www.chocolat-parbona.com”, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of :
12 AVENUE MARCELLIN MAUREL
I hereby notify the withdrawal of the contract relating to the ordering of the services below:
- Order dated:
- Order number:
- Client name :
- Customer's address:
(only if this form is notified on paper)