Introduction:
These General Terms and Conditions of Sale (hereinafter the "T&Cs") are intended to govern the contractual relationship between the company De Leener for "Producteurs Ici d'Ailleurs" (hereinafter the "Merchant") and any person wishing to make a purchase (hereinafter the "Customer") on the website https://producteursicidailleurs.fr (hereinafter the "Website").
If you have any questions regarding these T&Cs or the Privacy Policy, you may contact customer service at the following email address : producteursicidailleurs@gmail.com
1. Acceptance of the T&Cs
By using https://producteursicidailleurs.fr or placing an order through it, the Customer agrees to be bound by these T&Cs and the Privacy Policy without restriction or reservation.
Before being able to place an order, the Customer must check the box "I acknowledge having read and accepted the Terms and Conditions of Sale and the Privacy Policy".
2. Severability
The invalidity of any provision of these T&Cs shall not affect the validity of the T&Cs as a whole.
3. Modifications to the T&Cs
The Merchant reserves the right to modify these T&Cs at any time. Such modifications shall take effect upon being published on https://producteursicidailleurs.fr. The new T&Cs will apply to any future orders.
4. Intellectual Property
The content of the website https://producteursicidailleurs.fr (including logos, texts, trademarks, images, videos) is the intellectual property of Merchant. Any full or partial reproduction is strictly prohibited without the Merchant's prior and express authorization.
5. Product availability
All orders placed on https://producteursicidailleurs.fr are subject to product availability. In the event of unavailability after an order has been placed, the order will be canceled and the Customer will be informed at the email address provided during the ordering process. The Merchant reserves the right to withdraw any product from https://producteursicidailleurs.fr or to modify any information or illustration at any time.
The product descriptions on https://producteursicidailleurs.fr are not contractual documents. The Merchant shall not be held liable for any differences that do not affect the essential characteristics of the products.
6. Prices and delivery fees
Prices shown on https://producteursicidailleurs.fr are in EUR (€) and do not include delivery fees. Delivery fees will be added to the total amount due by the Customer, in accordance with Article 7.
The Merchant reserves the right to change prices at any time. Any such change will apply only to future orders and not to orders already in progress.
In the event of a pricing error, the Merchant reserves the right to correct it and will inform the Customer as soon as possible at the email address provided, offering the option to proceed with the purchase at the correct price or to cancel the order.
7. Delivery Charges and terms
Subject to availability (see Article 5), the Merchant agrees to deliver the Customer's order within 30 days from the confirmation email sent to the address provided by the Customer.
It is the Customer's responsibility to check the condition and conformity of the products upon delivery.
When placing an order, the Customer must choose the preferred delivery method from those offered on https://producteursicidailleurs.fr. Delivery fees can be checked on the carriers' websites.
8. Payment methods
The available payment methods are listed on https://producteursicidailleurs.fr.
The Merchant reserves the right to update this list at any time, without affecting current orders.
9. Formation of the Contract
By placing an order on https://producteursicidailleurs.fr, the Customer certifies that they are at least 18 (eighteen) years old and legally capable of entering into a contract.
The Customer certifies that they are a professional placing the order as part of their commercial activity. These T&Cs are intended for professionals acting solely within the scope of their professional activity. As such, the right of withdrawal does not apply.
To place an order, the Customer confirms the cart and proceeds with payment as described in Article 7. A sales contract is only formed once the Customer receives a confirmation email sent to the address provided.
It is the Customer's responsibility to verify the contents of their order before validating the cart and proceeding with payment. The Customer may modify their cart before confirming and paying for the order.
10. Right to refuse orders
The Merchant reserves the right to refuse any order.
11. Transfer of ownership
Products remain the property of the Merchant until full payment for the order and delivery fees has been received.
Risk is transferred to the Customer upon delivery of the order.
12. Legal guarantee
In the event of non-conformity of the order upon delivery, the Merchant complies with legal guarantee obligations. A Customer acting as a consumer may contact customer service as outlined in Article 7. The legal guarantee must be exercised within 2 months of delivery. The Customer may request the replacement of the non-conforming order or return it for a refund of the defective product(s). In the case of returns, the Customer must notify the Merchant and return the entire order in its original and undamaged packaging, including all accessories.
13. Hidden defects
If hidden defects rendering the products unusable are discovered upon delivery, the Customer may contact customer service as outlined in Article 11. The Customer may request a price reduction or return the order for a refund of the defective products. In this case, the Customer must explicitly inform the Merchant and return the full order in its original and undamaged packaging, including all accessories.
14. Right of withdrawal
In accordance with Article L. 121-21 of the French Consumer Code, a Customer acting as a consumer may withdraw from the purchase within fourteen (14) days from the date of delivery without giving any reason.
For orders including multiple items delivered separately, the period begins upon receipt of the last item or batch. If the deadline falls on a Saturday, Sunday or public holiday, it is extended to the next working day.
However, according to Article L. 121-21-8 of the French Consumer Code, the right of withdrawal does not apply to :
4° Goods that are likely to deteriorate or expire rapidly
5° Goods that have been unsealed after delivery and cannot be returned for hygiene or health protection reasons
6° Goods that have been mixed inseparably with other items after delivery
In the event of withdrawal, the Customer will receive a refund for their order (excluding any return shipping fees), using the same payment method originally used. This refund is subject to the conditions in Article 13. Return fees are not included in the refund.
15. Exercising the right of withdrawal
To exercise the right of withdrawal, the Customer acting as a consumer must explicitly inform the Merchant of the decision to withdraw and return the full order in its original, undamaged packaging, including all delivered accessories.
16. Force Majeure
The Merchant cannot be held responsible for failure or delay in fulfilling contractual obligations in the event of unforeseen circumstances, force majeure, or events beyond its control.
Force majeure may include, but is not limited to: changes in legislation, fire, storms, floods, internal or external strikes, illness, power surges, equipment failure, communication network disruption, computer viruses, hacking and any unforeseeable external event beyond the Merchant's control.
17. Personal Data
The Merchant's personal data policy is described in the Privacy Policy available at : https://producteursicidailleurs.fr/fr/content/2-mentions-legales.
18. Amicable dispute resolution
According to Article L. 612-1 of the French Consumer Code, « Every consumer has the right to free recourse to a consumer mediator to seek an amicable resolution to a dispute with a professional ».
At the European level, the European Commission provides an online dispute resolution platform : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
This applies to disputes related to the execution of a sales or service contract between a consumer and a professional.
19. Governing law and jurisdiction
Any dispute related to the sales contracts of products purchased on https://producteursicidailleurs.fr shall be subject to the laws and exclusive jurisdiction of the Commercial Court of Manosque.
20. Merchant information
Legal information :
- Company Name: Micro-entreprise
- Company Registration Number (RCS) : 937969459 Manosque
Contact : producteursicidailleurs@gmail.com, 0756880757
Customer Service : producteursicidailleurs@gmail.com