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The General Terms set out herein are applicable to legal operations in connection with products commercialized by to its clients on 's virtual boutique.
The following words or expressions shall have the following meaning within the scope of the present General Terms:
Internet Boutique: shall designate 's Internet site on which the Products are presented and sold to clients.
Sales Order: shall designate the sales contract concluded between Culinaide and the client of 's Internet Boutique.
Product Index Card: shall designate all existing information pertaining to a product furnished by at the time said product is marketed on the Internet Boutique.
Products: shall designate all goods and services sold by Culinaide on 's Internet Boutique.
Service(s) shall designate the selling of Products by to clients of 's Internet Boutique.
Transaction: shall designate all operations, security measures, authorizations and agreements pertaining to the payment of the Product(s) ordered by credit card.
CLAUSE 1 - OBJECT
The purpose of the General Terms contained herein is to define the terms and conditions according to which Culinaide offers and sells Products to its clients.
These General Terms of Sale shall prevail over any other terms and conditions appearing in any other document, except in case of prior, express and written derogation.
ARTICLE 2 - ACCEPTANCE OF THE CONDITIONS
The client acknowledges having read and understood the General Terms contained herein at the time the Sales Order was placed, and expressly declares that he/she accepts them unreservedly.
The present General Terms shall govern the contractual relationship between Culinaide and its clients; both parties accept them unreservedly.
ARTICLE 3 - PRODUCTS
The majority of the products offered by Culinaide to its customers are immediately available.
However, all the products marketed by Culinaide can or cannot necessarily be the subject of on-line sale.
ARTICLE 4 - ORDER
The automatic recording systems are considered as proof of the nature, content and date of the Order.
Culinaide will confirm the client's acceptation of his or her Sales Order by sending a confirmation message to the client's e-mail address (indicated on the Sales Order form). The sale will only be concluded once the Sales Order confirmation has been sent.
Culinaide reserves the right to refuse or cancel any Sales Order placed by a client in the event of the client's insolvency, or in the event of total or partial non-payment of the Sales Order in question, or in the event of a preceding delivery or in the event of a litigation relative to the payment of a preceding Sales Order.
The client is exclusively responsible for any information that he or she provides when making the Sales Order. Culinaide shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s).
ARTICLE 5 - SHIPPING INFORMATION
Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, Culinaide will ship the Product(s), under responsibility, to the client or recipients address within 4 working days following the Sales Order confirmation.
All Products set out in the Sales Order transmitted to Culinaide are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.
If necessary, the client will ensure that all taxes, rights and/or other shipping charges, including the Products themselves, are paid upon receipt of goods; it being understood that shall in no way be held responsible for making said payments.
The clients or recipients of the Products shall refrain from making any partial or total resale of the Products.
The delivery will be made by La Poste Colissimo or by Mondial Relay according to our convenience. It is also possible to select a mode of withdrawal on the spot free of charge at the workshop shop, in case of proximity.
Our delivery rates are available by clicking on "delivery" in the left column of our website.
In the event of a delay in delivery exceeding 14 (fourteen) days, the Customer may, if he so wishes, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgement of receipt. However, this right must be exercised within sixty (60) working days from the delivery date initially provided for in the contract.
Upon receipt of the Products ordered, the client or the recipient shall check the proper functioning of the goods delivered, and shall read the conditions of use appearing on the instructions for use provided to him/her.
In the event that one or more of the Products ordered are not in perfect working order, the client or the recipient shall be responsible for ensuring that the Product(s) ordered is/are in perfect working order.
In the event of apparent defects, the customer has the right to return the goods under the conditions provided for in the instructions for use of the goods.
For reasons of availability of the Products ordered, an Order may be subject to several successive deliveries to the client.
In the event that the client wishes to have the Products delivered to two distinct addresses, shall place two distinct Sales Orders on the client's behalf.
ARTICLE 6 - RETRACTATION
The client disposes of days following the receipt of the Products to return said Products to Culinaide for exchange or reimbursement. In this case, the client must return the Products new, intact, with all accessories, instruction manuals and documentation to the following address :
354 route de Roanne
42155 POUILLY LES NONAINS
In case of exercise of the right of retraction, Culinaide commits itself to reimburse the sums paid by the customer, free of charge, with the exception of the return costs.
The reimbursement is due within a maximum period of 14 days.
The products, opened and tested (in conformity with their technical description and our quality charter but which would not be in conformity with the "taste" of the customer) will not be able to be the subject of any return and will not give place to any refunding, for obvious reasons of hygiene.
ARTICLE 7 - PRICES
The price is expressed in euros.
The price indicated on the Product Data Sheets does not include transport costs.
The price indicated in the Order confirmation is the final price expressed inclusive of all taxes and including VAT. This price includes the price of the Products, the handling, packaging and storage costs of the Products, transport costs and commissioning costs.
ARTICLE 8 - PAYMENT
The price invoiced to the client is the price indicated on the Sales Order confirmation sent by Culinaide.
The price of the Products is payable in cash by one of the means of payment available on the website on the day of the Sales Order.
The Sales Order validated by the client will only be considered effective once the secured bank payment center has given its agreement on the transaction and, if need be, after the insurer has accepted to take charge of the risk.
ARTICLE 9 - APPLICABLE LAW
The present general conditions of sale are subject to French law.
ARTICLE 10 - LIABILITY
Culinaide shall not be held liable for bodily or material damages incurred to any third party resulting from improper functioning or use of the Products.
Whatever the case may be, Culinaide's liability shall be strictly limited to the Sales Order price. In the event of difficulties in the application of the present contract, the client and Culinaide reserve the right to seek an amicable solution before taking any legal action.
Failing this, for the professional customers, the Commercial court of is only competent, whatever the place of delivery and the method of payment accepted.
ARTICLE 11 - GUARANTEE
In any case Culinaide cannot be held responsible for the non-respect of the regulatory and legislative provisions in force in the country of reception. The liability of the shall be systematically limited to the value of the Products held liable at the date of sale, and with no possibility for filing claims against the brand name or Product manufacturer.
The client may contact our customer service department by phone at +33 (0)9 70 19 04 26 or by e-mail at the following e-mail address: firstname.lastname@example.org.
Response: 48 hours.
ARTICLES 12 - LEGAL INFORMATION
The personal information collected for the purposes of distance selling is mandatory, this information being indispensable for the processing and routing of orders, the establishment of invoices and warranty contracts. Failure to provide this information shall result in the non-validation of the Order.
In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).
The client has the right to access, modify, rectify and delete any personal data concerning him/her (article 34 of the law of January 6, 1978). This right may be exercised by contacting Store-Factory. Moreover, Culinaide shall refrain from releasing any information on its client to third parties, whether free of charge or in exchange of payment.
ARTICLE13 - WITHDRAWAL FOR FOOD PRODUCTS
In accordance with the texts in force, for reasons of hygiene and health protection, the right of withdrawal does not apply to products on sale on our site if they have been opened.
Only the orders in their original box can be the subject of a retraction.
ARTICLE 14 - MEDIATION
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The entity of mediation retained is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer may file a claim on the site :
or by post by writing to
CNPM - MEDIATION - CONSUMPTION
27, avenue de la Libération - 42400 SAINT-CHAMOND
Translated with www.DeepL.com/Translator (free version)
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