The website www.agrumesbaches-boutique.com is the property of EARL AGRUMES, whose head office is located at (66500) EUS, Chemin de Las Feyches, represented by its current manager Mr. Etienne SCHALLER.
The website is hosted by Ionos.
EARL AGRUMES is registered with the RCS of PERPIGNAN under number 827 977 182. The individual identification number relating to VAT is FR81827977182.
ARTICLE 1
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by EARL AGRUMES ("The Seller") to consumers and non-professional buyers ("The Customers or the Customer"). , wishing to acquire the products offered for sale by the Seller ("The Products"), namely in particular:
- rare citrus fruits and leaves from the orchard;
- processed products made from rare citrus fruits;
- by immediate purchase or by placing an order.
They specify in particular the conditions of immediate purchase, ordering, payment, and delivery or delivery of Products ordered by Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented in the Seller's catalogs. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential features.
The choice and purchase of a Product is the sole responsibility of the Customer.
Product offers are subject to the limit of available stocks, and according to the seasons. If a product turns out to be out of stock or unavailable for cultural reasons, although it has been previously ordered and paid for by the customer, it will be refunded within 8 days.
These General Conditions of Sale apply to the exclusion of all other conditions.
These General Conditions of Sale are systematically communicated to any Customer prior to the immediate purchase or to the placing of an order and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them before purchasing immediately or placing an order. These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date of the immediate purchase or the placing of the order.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 - Orders - Immediate purchases
Product orders and immediate purchases are made as follows:
- in the event of immediate purchases of Products in the Seller's Premises, the order will be placed directly with the Seller, on the basis of its catalog;
- in the event of an order for Products by telephone or electronic correspondence, the order will only be considered completed after confirmation from the Seller to the Customer by electronic correspondence;
- in the event of an order for Products via the Seller's website: identify yourself with your last name, first name, an email address, (creating an account with a password is optional), enter a billing and delivery address and click on the "Place my order" button.
The order via the Seller's website implies full acceptance of the general conditions of sale, without any reservation. All the data provided and the recorded confirmation will constitute proof of the order. This confirmation will also be worth signature and acceptance of the operations carried out.
The Seller confirms the acceptance of the order to the Customer by sending an electronic correspondence to the address provided by the Seller.
The sale will only be considered final after delivery by the Seller to the Customer of the confirmation of acceptance of the order and after reception by the Seller of the full price of the order.
It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
In the event of cancellation of the order by the Customer after its acceptance by the Seller, for any reason whatsoever except force majeure, a sum corresponding to 10% of the total amount of the purchase will be acquired by the Seller and invoiced to the Customer for compensation of the damage thus suffered.
ARTICLE 3 - Prices
The Products are supplied at the current prices appearing in the Seller's price catalog, on the day of the immediate purchase or of the registration of the order by the Seller. The prices are expressed in Euros, HT and TTC. These prices are firm and cannot be revised during their period of validity, as indicated in the Seller's price catalog, the latter reserving the right, outside this period of validity, to modify the prices at any time.
For Products which are not collected by the Customer himself, the prices do not include the costs of processing, shipping, transport and delivery, which are added to the invoice, under the conditions indicated in the price catalog of the Seller and calculated prior to immediate purchase or ordering. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
For certain categories of Products, such as the "Discovery Baskets of Fruits", the related price includes shipping costs, in which case, the Seller's catalog displays the following expression "Delivery costs included".
Any specific orders from the Customer may be considered. If necessary, they will be the subject of an estimate previously accepted by the latter.
The quotes established by the Seller are valid for a period of THIRTY (30) days, from their date of establishment, subject to the availability of the Products.
The quotation order is only considered accepted after payment of the full price.
An invoice is established by the Seller and given to the Customer upon collection or delivery of the Products purchased immediately or ordered.
ARTICLE 4 - Payment terms
The price is payable in cash and in full on the day of the immediate purchase or the placing of the order by the Customer, according to the following terms:
- by Credit Cards;
- by Bank Check;
- by Bank Transfer;
For orders made through the Seller's website, payment is made online through a secure transaction by E-transaction with 3D Secure from the Crédit Agricole Bank.
For orders placed outside the Seller's website, if payment is made by means of a bank transfer, the Seller's bank details will be communicated when sending electronic correspondence confirming the order.
In the event of payment by bank check, it must be issued by a bank domiciled in metropolitan France or Monaco.
The bank check is cashed immediately.
Payments made by the Purchaser will only be considered final after actual receipt of the sums due by the Seller.
ARTICLE 5 - Delivery of products - Deliveries
Products which are the subject of an immediate purchase can be immediately taken by the Customer, from the Seller's store, subject to their availability.
The Products ordered or acquired by the Customer in the event of immediate purchase will be delivered in mainland France excluding Corsica and in the following European Union countries: Belgium, Luxembourg, the Netherlands and Germany within the shipping time indicated on the Product sheet to which is added the processing time and delivery to the address indicated by the Customer when purchasing or ordering.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on an estimate previously accepted in writing by the Customer.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
If the Customer does not take possession of the products within the time limits provided for by the carrier, the customer will be solely responsible for the expiration of the products delivered.
The Customer is required to check the condition of the products delivered. The Customer has 48 hours from delivery to formulate by electronic correspondence any reservations or complaints for non-conformity or apparent defect of the Products delivered, with all the relevant supporting documents.
After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L. 211-4 et seq. of the Consumer Code of France and those provided for in these General Conditions of Sale.
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
Any risk of loss or damage to goods is transferred to the consumer when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods.
ARTICLE 7 - Responsibility of the Seller - Guarantee
The Products offered for sale comply with the regulations in force in France and are compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, in accordance with legal provisions,
- the legal guarantee of conformity, for the Products apparently defective, damaged or not corresponding to the order or to the immediate purchase; - the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use;
under the conditions and according to the modalities referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer: - has a period of two years from the delivery of the goods to act against the Seller; - can choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code of France; - is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product, except for second-hand goods, the period of which is extended to six months (art. 217-7 of the Consumer Code of France). The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects in accordance with article 1641 of the Civil Code of France; in this case, the Customer can choose between the cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code of France.
In order to assert his/her rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned deadlines and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse or replace the Products found to be non-compliant or defective. In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than FOURTEEN (14) days following the Seller's finding of the lack of conformity or the hidden defect.
<p">Reimbursement will be made by crediting the Customer's bank account or by sending a check to the Customer.
The Seller cannot be held liable in the following cases: - non-compliance with the legislation of the country in which the products are delivered, which is of the Customer's responsability to verify; - in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
ARTICLE 8 - Intellectual property
The Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) for the supply of the Products to the Customer.
The Customer therefore refrains from any reproduction or use of said photographs, presentations, studies, drawings, models and prototypes, etc. without the express, written and prior authorization of the Seller who may make it conditional on financial compensation.
ARTICLE 9 - Exception of non-performance
It is recalled that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is serious enough, that is to say, likely to call into question the continuation of the contract or fundamentally upset its economic balance.
The suspension of execution will take effect immediately, upon receipt by the defaulting Party of the notification of breach sent by the Party victim of the default to the defaulting Party for this purpose indicating the intention to apply the exception of non-performance as long as the defaulting Party will not have remedied the observed failure, notified by registered letter with acknowledgment of receipt or on any other durable written medium as proof of shipment.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code of France, if it is clear that one of the Parties will not perform the obligations incumbent upon it by the due date and that the consequences of this non-performance are sufficiently serious for the Party that is the victim of the default.
This option is used at the risk and peril of the Party which takes the initiative.
The suspension of execution will take effect immediately, upon receipt by the presumed defaulting Party of the notification of the intention to apply the exception of anticipatory breach until the presumed defaulting Party performs the obligation for which a failure to come is manifest, notified by registered letter with acknowledgment of receipt or on any other durable written medium as proof of shipment.
ARTICLE 10 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code of France.
By express agreement, constitutes a case of force majeure, a climatic event preventing the Seller from continuing his agricultural exploitation under normal conditions.
The Party noting the event must immediately inform the other Party of its impossibility to perform its service and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of THIRTY (30) days. Consequently, as soon as the cause for the suspension of their reciprocal obligations has ceased, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. For this purpose, the prevented Party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final or exceeds a period of THIRTY (30) days, the commitments will be purely and simply resolved without warning or formality.
ARTICLE 11 - Termination of the contract
The Party victim of the default may, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgment of receipt to the Defaulting Party, the faulty resolution hereof, SEVEN (7) days after sending an unsuccessful formal notice to perform, in application of the provisions of article 1224 of the Civil Code of France.
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement, will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code of France.
ARTICLE 12 - Disputes
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL CONDITIONS OF SALE MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UP AND WHICH COULD NOT HAVE BEEN RESOLVED AMICABLY BETWEEN THE SELLER AND THE CUSTOMER, WILL BE SUBJECT TO COMPETENT COURTS UNDER THE CONDITIONS OF ORDINARY LAW.
The Customer is informed that he/she may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. Art. L 612-1) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 13 - Personal data
Personal data collected from the Customer is subject to computer processing carried out by the Seller. They are recorded in the EARL Agrumes Customer File and are essential for processing the order of the Customer. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any guarantees that may apply.
The data controller is the Seller. Access to personal data will be strictly limited to the employees of the Seller, authorized to process them by virtue of their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Client's authorization being necessary.
As part of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Seller refrains from selling, renting, assigning or giving access to third parties to the data without the Customer's prior consent, unless he is forced to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Purchaser will be informed and the guarantees taken to secure the data (for example, adherence of the external service provider to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL(French National Agency regulating Data Protection), adoption of a code of conduct, obtaining a CNIL certification, etc.) will be specified.
In accordance with the applicable regulations, the Customer has a right of access, rectification, erasure, and portability of his/her data, as well as the right to oppose the processing for legitimate reasons. The Customer can exercise those rights by contacting the data controller at the postal address of EARL Agrumes or at this email address: contact@agrumesbaches.com
In the event of a complaint, the Customer may file a complaint with the Seller's personal data protection officer of the CNIL (French National Commission for Computing and Liberties).
ARTICLE 14 - Pre-contractual information - Customer acceptance
The Customer acknowledges having been informed, prior to the immediate purchase or to the placing of his/her order and the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and of all the information listed in the Article L.221-5 of the French Consumer Code, and in particular the following information:
- the essential characteristics of the Product, - the price of the Products and ancillary costs (delivery, for example); - in the absence of immediate execution of the contract, the date or the deadline at which the Seller undertakes to deliver the Product, - information relating to the identity of the Seller, his postal, telephone and electronic contact details, and its activities, if they are not apparent from the context, - information relating to legal and contractual guarantees and their implementation methods, - the functionalities of the digital content and, where applicable, its interoperability, - the possibility of using conventional mediation in the event of a dispute.
When a natural (or legal) person makes an immediate purchase or orders a Product, it implies full and complete acceptance of these General Conditions of Sale and the 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.
For any order of perishable products, in accordance with article L 121-21-8 4 ° of the French Consumer Code, the right of withdrawal cannot be exercised.
ANNEX 1
Guarantee of conformity - Guarantee of hidden defects
Article L. 217-4 of the French Consumer Code
The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
Article L. 217-5 of the French Consumer Code
The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the Seller or has the qualities that the Buyer has seen in a sample or model; - if it has the qualities that a Buyer can legitimately expect given the public statements made by the Seller, the producer or his/her representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the Parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted.
Article L. 217-12 of the French Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the French Consumer Code
When the Buyer asks the Seller for a repair covered by the guarantee during the course of the commercial guarantee which was granted to the Buyer during the acquisition or repair of personal property, any period of immobilization of at least seven days is added to the guarantee's still remaining term. This period runs from the Buyer's request for intervention or the provision for repair of the item in question, if this provision is made after the intervention request.
Article 1641 of the French Civil Code
The Seller is bound by the guarantee for 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 would not have acquired it, or would have offered a lower price for it, if the Buyer had known such defects.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from latent defects must be made by the Buyer within two years from the discovery of the defect.