By using the website www.papepapoul-gourmet-aveyronnais.com, you agree to be bound by these general conditions (hereinafter referred to as "Terms and Conditions"). The Terms and Conditions are applicable to all orders placed through MICA. Any business transacted with MICA will be governed exclusively by these general Terms and Conditions.
ARTICLE 1 - DEFINITIONS
Terms used in the Terms and Conditions have the following meanings:
Customer: individual acquiring Products via the internet site
Email: digital document created, sent or accessed via a computer network
Order: instruction sent by the Customer and accepted by the Seller to buy one or several Products advertised on the Site according to the Terms and Conditions.
Product: goods sold by the Seller on its Site
Seller: MICA 40 route des Pasquiers - 84260 Sarrians FRANCE
Site: internet website accessible at the following address: www.papepapoul-gourmet-aveyronnais.com
ARTICLE 2 - OBJECT
The Terms and Conditions are intended to define the rights and obligations of the Seller and the Customer in connection with the sale and shipping of Products through the Site.
ARTICLE 3 - SCOPE
The Terms and Conditions apply to all sales of Products by the Seller to the Customer, via the internet Site.
If any provision were found to be missing, it would be replaced by provisions generally in use in the French mail order industry.
If any one of the provisions of the Terms and Conditions are declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause.
In consequence, the act of placing an internet order through the Site implies full acceptance of and adherence to these Terms and Conditions, which the Customer acknowledges having read prior to placing the order.
The Customer declares that the Products bought on the site are strictly for personal use and without any direct link to their profession. Furthermore, the Customerdeclares that he/she has full legal capacity to commit to the present Terms and Conditions.
The Seller is responsible for maintaining the Site and making sure it is accessible, but the Customer remains responsible for the computer and telecommunications costs incurred by his or her connexion to the site.
The Seller reserves the right to adapt or modify at any time the present generalconditions of sale. If changed, the Terms and Conditions applicable to each order are the ones in place on the day of the order. An order will be taken into account by the Seller after only after acceptance of the Terms and Conditions by the Customer.
ARTICLE 4 - ORDER
The Customer orders through the site. All contractual information is presented in French and will be subject to confirmation at the time of delivery at the latest.
The Customer declares he took note of the Terms and Conditions prior to the order and acknowledges that validation of the order implies acceptance of the Terms and Conditions. The Customer further recognizes that the Terms and Conditions are placed at his disposal in a manner that allows their conservation and reproduction, in accordance with Article 1369-4 of the Civil Code. The prices and conditions of the offers presented in the Site are valid while electronically available. To place the Order, the Customer shall provide the seller with data and information, and complete an online form accessible from the site. The contract between the Customer and the Seller is formed when the Customer clicks 'Valider'/ Validate thus confirming the order. Until this final step, the Customer will have the opportunity to return to previous pages, correct and amend the order and the information provided.
The order is accepted by the Seller upon receipt of the settlement by cheque or wire transfer, or as soon as the Customer's account can be debited in case of payment by credit card.
An e-mail acknowledging receipt of the order will be sent to the Customer within 24 working hours after the order, and will confirm acceptance (or, if need be, the rejection) of the order. The Customer must therefore provide a valid e-mail address when filling out the fields relating to his or her identity. In the event of a product being unavailable, the Seller will notify the Customer by email as soon as the Seller is made aware of this unavailability.
ARTICLE 5 - PRICE - PAYMENT
The Seller reserves the right to change prices of products featuring on the Site at any time without prior notice. However, products will be billed to the Customer on the basis of the rates in effect at the time of order validation, provided these products are available, and unless there is a material error. Prices on the Site are in euros and include usual taxes (VAT) but do not include the costs of handling and shipping. The Customer is also responsible for any customs duties to be paid when importing goods into the country of delivery.
Payment of the order will be made:
By check (from a French bank or postal account only). In the event of a discrepancy between the name and address of the Customer and that of the check holder, the seller reserves the right to ask the Customer to justify their identity and place of residence.
by wire transfer (bank transfer charges are the responsibility of the Customer, not the seller)
By credit card (VISA or Mastercard): the payment is made through a secure bank server at the time of ordering. Payment by credit card cannot be cancelled. Therefore, payment of the order by the Customer shall be irrevocable (although the Customer can still exercise his or her right of withdrawal or cancellation after the order).
The Seller reserves the right to ask the Customer, before very large orders can be validated, to send a certified check.
TRANSFER OF OWNERSHIP TO THE Customer ONLY occurs once THE SELLER has received payment in full. The seller reserves the right to suspend or cancel any order or delivery, whether or not already processed, in case of non payment, incomplete payment, or if any problem arises with the payment. The Customer declares that they are aware that they shall bear the full legal costs in case of enforced payment. In order to fight against Internet fraud, information relative to your order can be shared with third parties for verification purposes.
ARTICLE 6 - DELIVERY
The Product will be delivered to the address provided by the Customer in the order form. The Seller undertakes to place the products with the carrier three working days at most after an order has been accepted, unless otherwise indicated in the order confirmation email. The product will be delivered to the address indicated within thirty days from the day following the validation of the order. The Seller will inform the Customer as soon as possible if a product is unavailable.
When a delivery is delayed, the Customer can cancel their order and get a refund for the Product and return shipping costs. If a Product is delivered after the Order has been cancelled, the refund will occur as soon as the Seller has received the Product in its original condition. The return of the product and refund to the Customer will be held under the conditions provided below in section 7 "Cancellation Withdrawal - Refund."
ARTICLE 7 - CANCELLATION WITHDRAWAL REFUNDS
Following receipt of the Product, the Customer has a 14-day period in which to exercise his/her right of withdrawal and return the delivered product in its original packaging and in perfect condition, at his or her own risk and expense. The Seller then agrees to refund the Customer by crediting the credit card used for the original order, or by check if this proves impossible. CAUTION: No withdrawal will be accepted if the returned Product is unfit for resale. The Product must therefore be returned undamaged and unmarked. Damaged, incomplete or marked products returned by the Customer will stay in our premises at the Customer's disposal and will have to be paid. In this case, the Seller reserves the right to refuse future orders by the Customer. We advise you to return the Product by registered mail (you will find the address in article 1 of these Terms and Conditions). No order cancellation will be accepted without prior agreement of the seller. Any changes made to the order, any special or additional conditions to the object, payment or delivery of the order will need to be clearly stated on the Site or in the seller's confirmation email in order to be valid. Other conditions suggested by the Customer shall need to be accepted in writing by the seller to be validated.
ARTICLE 8 - GUARANTEE
The Customer benefits from the hidden defects guarantee on the product as specified in section 1641 of the Civil Code. If the product received by the Customer does not correspond to the designated product within the Order, the Customer will receive a replacement or a refund, according to the wishes expressed by the Customer. Any such request will have to be sent via surface mail to the address specified in article 1 within thirty days after delivery of the product. This guarantee does not include return shipping costs, which will have to be paid by the Customer.
ARTICLE 9 - LIABILITY
The Seller is fully responsible for the fulfillment of the Customer's order. The Seller shall not be held responsible for damage resulting from improper use of the Product by the Customer. The Customer is fully responsible for risks attached to the return of the Product. The Seller assumes no responsibility and makes no guarantees that the Product will meet the Customer's specific requirements. In any case, regardless of the motive for which the Seller is being held liable, the Seller's responsibility shall not exceed the price of the Order. The Seller does not take responsibility in cases of non-respect of the legislation of the country to which the products are delivered. It is the responsibility of the Customer to verify the laws and regulations in use there regarding import and ownership of the products sold on the Site. Photographs and illustrations that accompany products displayed on the site have no contractual value, and the Seller cannot be held responsible for discrepancies between the Product and these images. The Seller will not be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: strikes and lock-out at MICA or its suppliers, epidemic, war, riot, insurrection, interruption of transport systems, legal or administrative restrictions or prohibitions regarding the manufacture or export of products, shortage of products, fire, earthquakes, storms or floods. The Seller shall notify the Customer in case one of these events arises.
The Seller is required to undertake to use allreasonable means to achieve the desired result, but without guaranteeing that result. The Seller shall therefore not be held responsible for damage resulting from Internet use such as data loss, viruses, interruption of service or other problems beyond their control, as specified in case law. The Seller reserves the right not to accept a payment or confirm an order for whatever reason, including product unavailability or foreseeable problem with delivery.
ARTICLE 10 - INTELLECTUAL PROPERTY
All the published elements within the Site (be they visual, audiovisual or programming) are protected by the provisions of the Intellectual Property Code and belong to the Seller. The Customer shall be prohibited from reproducing, modifying, adapting, translating, extracting and / or reusing any of these elements in part or whole. Permission for hyperlinks must be requested in writing from the Seller.
ARTICLE 11 - PERSONAL DATA
The Customer is informed that in the context of the order, personal data about him or her are collected and processed by the Seller, as authorized by the law “informatique et libertés” (computers and privacy) of 6 January 1978. Information about this automatic treatment (including the management of email addresses of users of the site) has been submitted to the Commission Nationale Informatique et Libertés on 11 June 2013 as declaration number 1679177. The seller reserves the right to gather information about Customers, by using cookies for example, and to share the information collected with commercial partners if the need arises. The Customer has the right to refuse that personal data about him/her should be disclosed to third parties. The Customer must then signal to the seller that this is the case. The Customer can also, under the provisions of the law of 6 January 1978, access and rectify any data gathered about him or her.
ARTICLE 12 - STORAGE OF EVIDENCE
The Seller shall archive the order forms and bills in reliable and durable form (Civil Code article 1348). Both parties agree that their email correspondence shall count as proof of communication, commitments, orders, payment and other transactions.
ARTICLE 13 - APPLICABLE LAW and ASSIGNATION OF JURISDICTION
The Terms and Conditions are subject to French law. In case of a legal dispute, the latter shall be referred to the jurisdiction court of Carpentras (84), France, provided there is only one defendant and no introduction of third parties.