TERMS OF SALES
PREAMBLE These General Conditions of Sale apply to all orders for products from the “Maison Toussaint” online store, placed with the company CO.D whose head office is located at 154 avenue Victor Hugo 21000 Dijon - France (here- after referred to as “Maison Toussaint”) by its customers via the website http://www.boutiquemaisontoussaint.com/. Consequently, the fact for a natural person, of ordering on the website of Maison Toussaint / SARL CO.D implies full and complete adhesion and acceptance of these General Conditions of Sale, which is expressly recognized by the Buyer, who waives , in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
These conditions aim to define the terms of sale between CO.D / Maison Toussaint (Seller) and the customer (Buyer), from the order to the services, including payment and delivery. They regulate all the stages necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.
ARTICLE 1- Scope
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by Maison Toussaint / SARL CO.D, to non-professional buyers, wishing to acquire the products offered for sale on the site. http://www.boutiquemaisontoussaint.com/.
These conditions apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on this website and will prevail, where applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by Maison Toussaint constitutes proof of all transactions.
The products presented on this website http: // boutiquemaisontoussaint.com/ are offered for sale for the following territories: Metropolitan France.
Product offers are subject to the limit of available stocks. Information on product availability is provided at the time of ordering.
The modifications of these General Conditions of Sale are opposable to the users of the site as of their putting on line and cannot apply to the transactions concluded previously.
The validation of the order by the Purchaser implies unreserved acceptance of these General Conditions of Sale and waiver of any contradictory document and in particular of his own general conditions of purchase. They are accessible at any time on this website and will remain in effect until modified by CO.D. However, Maison Toussaint undertakes not to modify them unilaterally for any order in progress and not executed.
ARTICLE 2 - Order
a) Product availability
The products appearing on the boutiquemaisontoussaint.com website are immediately available. However and if, despite the vigilance of Maison Toussaint, products prove to be temporarily unavailable (out of stock, reissue, etc.) after the order, Maison Toussaint will inform the customer by email; the latter may then, at his option, wait the time necessary for the supply to either cancel or modify his order. If the products prove to be permanently unavailable (out of stock, etc.) after the order is placed, the order will be automatically canceled with a warning to the customer by email and the price will be returned to the customer within a week without deduction.
b) Order taking
It is up to the Buyer to select the products on the site he wishes to order, according to the following methods. The Buyer adds all the selected items to their basket. The Buyer can add, modify or delete products at any time. He can also abandon his basket.
Any order implies acceptance of the price and the characteristics of the product. The customer can read these general conditions of sale by clicking to open a window displaying these general conditions of sale and he must confirm the reading and acceptance of the terms by checking a box to place his order.
When the Buyer has finished his purchases, he clicks on "Confirm my order" in order to proceed to the summary of his order and view his "gourmet basket". This "gourmet basket" includes the description of the products selected, the quantity ordered, the unit price of these products, the total price with transport costs according to the total amount of the order; the Purchaser is then invited to choose his method of payment according to the terms provided for in Article 3 hereof.The information given by the customer, when placing the order, commits the latter: in the event of an error in the wording of the contact details of the recipient, the seller can not be held responsible for the impossibility in which it could be to deliver the product. Orders are only final when they have been confirmed by payment of the total cost by the customer. The archiving of purchase orders and invoices is carried out by CO.D on a reliable and durable medium so as to correspond to a file and durable copy in accordance with article 27 of the law of June 21, 2004 on trust for the e-commerce. However, the customer is invited to print and keep the order form. Boutiquemaisontoussaint.com's offers are intended only for private customers and in no case to professional resellers. The customer indicates his billing address and his delivery address.
The photos presented on the site http: // boutiquemaisontoussaint.com/ are not contractual.
The sale will be considered final only after the sending to the Buyer of the confirmation of the acceptance of the order by the Seller, by e-mail. In the event of cancellation of the order by the Customer after its acceptance by the Service Provider, for any reason whatsoever except force majeure, the sum paid on the order, as defined in the article "Payment conditions" hereof. General Conditions of Sale will automatically be acquired from the Seller and may not give rise to any reimbursement.
ARTICLE 3 - Price
a) Price - The products will be sold at the price in effect on the day the order is registered, as displayed on the website. The prices are expressed in Euros, including all taxes.
These prices are firm and cannot be revised during their period of validity, as indicated on the Maison Toussaint website. They do not include the costs of handling, shipping, transport and delivery, which are charged additionally.
b) Price modification - La Maison Toussaint reserves the right at any time to modify the prices of the products sold specified on its website, however it undertakes to apply the prices in force which will have been indicated during the signing of the contract. order by the customer.
c) Payment terms - The total amount is due immediately upon ordering and must be paid by the customer on that date. Payment is made by credit card and made online. This payment is secure. CO.D uses the LCL bank system. With this system, payment by credit card is made directly on the secure server of the LCL bank. At no time will the Buyer's card number be communicated to CO.D. Exchanges are encrypted and secured using SSL 3 (Secure Socket Layer), a process that can be used by major browsers, and has now become a global standard. In any event, CO.D may refuse to deliver the products ordered until it has received the full price of the sale under the conditions indicated above. CO.D reserves the right to cancel any order from a customer with whom it has had a dispute over payment for a previous order. Payments by credit card are debited at the time of validation of the order. Payments made by the Buyer will only be considered final after actual receipt of the sums due by Maison Toussaint. In addition, CO.D reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Purchaser.
ARTICLE 4 - Delivery
The products will be delivered within four to eight working days, from full payment of the price, to the address indicated by the customer when ordering on the internet. CO.D will make its best efforts to deliver the products within the deadlines specified above. Except in special cases or unavailability of one or more products, the products will be delivered at one time. CO.D will be responsible for organizing the delivery terms of the products sold. The delivery of the products is deemed to have been made from the premises of Maison Toussaint as soon as they are handed over to the carrier. The products travel, therefore, at the risk and peril of the customer even when the order is sent to another recipient. CO.D has entrusted the transport of the products to the Post Office in the "Colissimo" formula with delivery of the package to the address indicated by the Purchaser.
The recipient is required to check the condition of the products delivered. He has a period of 14 days from delivery to formulate in writing (postal mail) 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 Maison Toussaint.
Maison Toussaint will replace as soon as possible and at its expense, the delivered products whose apparent defects or lack of conformity have been duly proven by the Purchaser.
ARTICLE 5 - Transfer of ownership and transfer of risk
The transfer of ownership of Maison Toussaint products and the correlative transfer of the risks of loss and deterioration relating thereto, will be carried out upon acceptance of the order by Maison Toussaint, materializing the agreement of the parties on the item and on the price and this regardless of the date of payment and delivery.
ARTICLE 6 - Right of withdrawal
The “consumer” or “non-professional” Purchaser has, in accordance with the provisions of article L 121-20 of the Consumer Code, a withdrawal period of 14 working days from the delivery of the products and can return these for exchange or refund, provided that the products are sent in their original packaging and in perfect condition. All damaged, soiled products, all or part of the product consumed by the purchaser will not be taken back. This request must be sent to Maison Toussaint, by email to the following address: firstname.lastname@example.org, specifying the customer number, the order number, the products and corresponding quantities that the Buyer wishes to return (with their expiry date) and the reasons for the return. The return costs are the sole responsibility of the customer.
In all cases, the merchandise must be returned intact, not expired, in its original packaging. The Buyer must attach a copy of the return request email to the package. The return package must be returned to Maison Toussaint by Colissimo delivered against signature.
After receipt of this package, Maison Toussaint will reimburse the Buyer within 14 days for the amount corresponding to the returned products, with the exception of shipping and return costs which remain the responsibility of the Buyer.
ARTICLE 7 - Liability guarantee
Products sold on http: // boutiquemaisontoussaint.com/ are described and presented with the greatest accuracy. However, the presentation of the products may be altered by the Buyer's computer screen and Maison Toussaint cannot guarantee them contractually.
CO.D is only bound by an obligation of means with regard to the operation and continuity of service on the Internet. CO.D could not therefore be held liable for the inconveniences and damages which would result from the use of the Internet network such as in particular a rupture in the continuity of the service, the presence of computer viruses or external intrusions or, more generally, all case qualified as force majeure by the French courts.
The Maison Toussaint website may offer the Buyer hypertext links to other sites. Maison Toussaint would not be bound by any commitment concerning any other site to which the Buyer could thus have access and could not therefore be responsible for the content, operation and access to these sites. The customer is solely responsible for the choice of products, their conservation and their use.
ARTICLE 8 - Information technology and freedoms - Protection of personal data
CO.D undertakes to protect the personal data communicated by the purchaser when placing his order. These data are collected and treated with the utmost confidentiality. During purchases, it is requested that the information essential to ensure the quality of the service and the processing of the order. CO.D does not sell, market or rent its information to third parties. CO.D reserves the right to use this information with its suppliers and service providers for the direct and related needs of the execution of the sales contracts that the customer has entered into with CO.D. The customer will always have the possibility to object by sending an email to CO.D. Pursuant to article 27 of the Data Protection Act of January 6, 1978, it is recalled that the customer has the right to access, modify, rectify and oppose information concerning him. The customer just needs to send an email to Maison Toussaint. For any other question concerning the protection of personal data, the customer has the option of sending Maison Toussaint an email to email@example.com
ARTICLE 9 - Intellectual property
The content of the site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 10 - Applicable law and competent jurisdiction
All the clauses appearing in these general conditions of sale as well as all the purchase and sale transactions referred to therein will be subject to French law. All disputes relating to the commercial relationship between CO.D and the customer will be subject to the exclusive jurisdiction of the French courts. If the customer acts as a trader or professional, all disputes arising from the purchase and sale operations covered by these general conditions of sale will be submitted to the Commercial Court of DIJON.
ARTICLE 11 - Applicable law - settlement of disputes
These General Conditions are subject to French law.
In the event of a dispute that may arise in connection with these General Conditions, their interpretation and their consequences or with the acts supplementing or modifying them, the parties will always endeavor to find an amicable solution before bringing the matter before the courts. .
To do this, the Customer is informed that the customer service of Maison Toussaint can be contacted at the following coordinates:
MAISON TOUSSAINT - ALLEE DE GOURMERAULT - 21310 ARCEAU
Phone: 03 80 65 03 80
In the absence of an amicable resolution, the Customer and / or Maison Toussaint may bring their complaint before the competent French courts.
It should also be noted that according to articles L 611-1 et seq. Of the Consumer Code, the Customer has the right to have recourse free of charge (except for possible legal and expert fees) to a consumer mediator with a view to the resolution. amicable of a dispute between the Maison Toussaint.
Since February 15, 2016, the European Commission's amicable dispute resolution online platform has been open to the public. Any consumer who encounters a dispute with a company located in the territory of the Union has the possibility to submit a request for mediation through this European platform: https://ec.europa.eu/consumers/odr/main/ ? event = main.home.selfTest
You can also consult the website of the European Commission dedicated to consumer mediation.