ARTICLE 1 - SCOPE
These General Terms and Conditions of Sale ("GTC") apply, without restriction or reserve, to all sales between the company PAIN D'EPICES MULOT ET PETITJEAN, an anonymous company with a capital of 120,000 €, whose head office is 13 Place Bossuet 21000 DIJON, registered at the RCS of DIJON under the number 015 751 530 (hereinafter the "Seller" or "MULOT AND PETITJEAN") and a consumer or non-professional customer (“Customer”).
These conditions apply to the exclusion of any other conditions, including those in effect for in-store sales.Sales to professional customers are governed by specific general terms and conditions of sale, distinct from these GTCs.
These General Terms and Conditions of Sale may be subject to further amendments, the version applicable to the purchase of the Customer is the one in effect on the Site on the date of the order.
Unless otherwise proven, the data recorded in the Vendor's computer system is evidence of all transactions with the Customer.
ARTICLE 2 - ADDRESS OF THE SELLER
The contact details of the Seller are:
PAIN D'EPICES MULOT AND PETITJEAN
13 Place Bossuet
Tel.: 03 80 30 07 10
ARTICLE 3 - ORDERS
The sale will only be considered final after sending the Customer confirmation of the acceptance of the order by the Seller by email and after receipt by the Seller of the entire price.
The Customer has the option to check the details of the order, its total price and correct any errors before confirming acceptance.This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to verify the accuracy of the order and to report any error immediately.
The Seller reserves the right to cancel or refuse any order of a Customer with whom a dispute concerning the payment of an earlier order exists.
Product offers are valid as long as they are visible on the site, within the limits of available stocks. In this regard, the Seller shall be entitled to refuse any order whose volume would be excessive.
It is recalled that the photographs and graphics presented on the Site are not contractual and cannot be held liable to the Seller. The Customer is required to refer to the description of each product in order to know its essential properties and characteristics.
ARTICLE 4 - RATES
The Products are provided to the current rates on the Site when the order is registered by the Seller.
The Seller reserves the right to modify the prices of its products at any time. Unless otherwise stated, they do not include the processing, shipping, transportation and delivery charges, which are charged on an additional charge, under the conditions specified on the Site and calculated prior to placing the order.
The payment requested to the Customer is the total amount of the purchase, including these fees.
ARTICLE 5 - PAYMENT TERMS
The price is payable in full on the day the order is passed by the Customer, by secure payment by credit card according to the indications on the Site.
As part of its action to combat Internet fraud, the Seller may be required to check the bank details and/or identity of customers before delivery. By placing its order on the Seller's site, the customer agrees to provide the Seller with the required supporting documentation. In the absence of any information requested within the specified time limit, the Seller reserves the right to cancel the verification order.
In accordance with the law, we must remind you that validating your order implies the obligation to pay the price indicated.
How to secure your payments
To ensure payment security, the Site uses a secure payment service. This service integrates the SSL security standard. When the order is validated, the payment request is transferred in real time to the secure telepayment manager. This is a request for authorization to the credit card network. The telepayment manager issues an electronic certificate.
When a payment transaction is issued, the TLS (Cryptographic Protocol) technology is activated to maintain a secure connection and protect the data. This solution allows the buyer to make its purchases of Products safely. The bank details of the buyer paid by bank card are not kept by the Seller and are directly transmitted to the online payment solution.
ARTICLE 6 - DELIVERY
The Products ordered by the Customer will be delivered to metropolitan France and Monaco within the shipping time specified in the order process. In case of multiple orders, the furthest delivery time will be faith.
The delivery is made by the transfer to the Customer of the physical possession or control of the Product.
Except in particular cases or unavailability of one or more Products, the Products ordered will be delivered in one time.
3 modes of delivery can be chosen by the Customer:
- Colissimo Standard 48h without signature,
- Relay point delivery
- Collect in store (13 Place Bossuet, 21000 DIJON).
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time specified in the order. In the absence of delivery within the time limit specified in the order, or thirty (30) days from the order in the absence of an indication of delivery time, for any other cause than the force majeure or fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions specified in Articles L. 216-2, L.216-3, and L.241-4 of the Consumer Code. The sums paid by the Customer will be returned to the Customer no later than fourteen days after the date of termination of the contract.
The Customer is required to verify the condition of the products delivered and to formulate any reservations in the presence of the carrier.
Without prejudice to the following legal safeguards provisions, it shall have a period of three (3) days from the date of delivery to formulate by e-mail (email@example.com) or by post any reservations or claims for non-compliance or apparent defects of the Products delivered (e.g. damaged packages already opened ...), with all supporting documentation (photos in particular).After this period and failing to comply with these formalities, the Products will be deemed to be in compliance and free from any apparent defects and no claims may be validly accepted by the Seller.
ARTICLE 7 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership of the Seller's Products, for the benefit of the Customer, will only be realized after full payment of the price by the Customer, regardless of the date of delivery of the said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risk of loss and damage to the Products will only be realized when the Customer physically takes possession of the Products. The Products therefore travel to the Seller's risks and risks (in accordance with the Act).
ARTICLE 8 - RIGHT TO WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days after notification to the Seller of the decision to cancel the Customer.
Returns are to be made in their original and complete condition (package, accessories, notice...) allowing their return to the market in new condition, accompanied by the purchase invoice, to the following address:
PAIN D'EPICES MULOT ET PETITJEAN
13 Place Bossuet
21079 DIJON Cedex
Damaged, soiled or incomplete products are not recovered.
The right of withdrawal may be exercised online, using the retracting form available by clicking with the retracting form at the bottom of these CGV , in which case an acknowledgement of receipt on a sustainable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw.
In the event of the exercise of the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs are refunded;the return costs remain at the expense of the Customer.
The refund will be made within fourteen (14) days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
It is recalled that, in accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods made according to consumer specifications or clearly customized;
- supply of goods that may deteriorate or perish quickly;
- supply of goods that have been sealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.
ARTICLE 9 - RESPONSIBILITY OF THE SELLER – GUARANTEE
Products sold on the Site comply with the regulations in force in France.
In addition to any specified commercial guarantees, if any, during the sale, it is recalled that the Seller is held the defects in the conformity of the property sold in accordance with articles L. 217-4 et seq. of the Consumer Code, as well as the legal guarantee of hidden defects of articles 1641 et seq. of the Civil Code reproduced below.
When acting on the basis of the legal guarantee of compliance, the consumer:
- receives a period of two years from the grant of the property to act;
- may choose between repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from reporting evidence of the existence of the lack of conformity of the property during the twenty-four (24) months following the issuance of the property.
The legal compliance guarantee applies regardless of the commercial warranty that may be granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, in this case it may choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
"Legal Compliance Guarantee" (extract from the Consumer Code)
Art.L. 217-4."The seller delivers a property in accordance with the contract and responds to existing compliance defects during delivery.It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.”.
Art.L. 217-12.“The action resulting from the lack of conformity is prescribed by two years from the issuance of the property”
Art.L. 217-5."The property is in accordance with the contract:
“1.If it is specific to the usually expected use of a similar property and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- If it presents the qualities that a buyer can legitimately wait with regard to the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling.
2.Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted".
"From the guarantee of the defects of the thing sold" (extract from the Civil Code)
Art. 1641.“The seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is destined, or that so diminish this use, that the buyer would not have acquired it, or would have given it only a lesser price, if he had known them.”.
Art. 1648 - para. 1.“The action resulting from redhibitral defects must be brought by the purchaser within two years of the discovery of the vice.”.
The legal or conventional guarantee is excluded in the event of misuse, negligence or lack of maintenance by the Customer, as in the case of normal wear of the property, accident or force majeure.
ARTICLE 10 - PERSONNEL LEVELS
The company PAIN D'EPICES MULOT AND PETITJEAN, responsible for processing, implements a computerized processing of personal data transmitted by the Customer during the order, in order to process the order, ensure the after-sales service and send it commercial information about its products and services.
They are retained for a period of three (3) years from the end of the commercial relationship and are intended solely for the PAIN D'EPICES MULOT AND PETITJEAN and its subcontractors/trade partners.
The Customer may, at any time, withdraw its consent to the sending of commercial information, including by clicking on the unsubscribe link.
The Customer is entitled to a right of access, free of charge, and, where applicable, to correct or delete his personal data, to a right of limitation of processing or opposition, which he may exercise by contacting firstname.lastname@example.org.
The Client also has the opportunity to file a complaint with the competent supervisory authority in his country of residence (the competent body in France is the CNIL).
It is recalled that, in accordance with the provisions of Article L.233-1 of the Consumer Code, a customer who does not wish to be subject to commercial prospecting by telephone may register on a list of opposition to telephone demarcation.
ARTICLE 11 - APPLICABLE LAW / LITIGES
As an express convention, these CGVs and their suites are governed by French law. Unless otherwise required, any dispute relating to the execution of the present and its proceedings shall be submitted to the French Tribunals.
The Customer is informed that it may in any case resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art.L 612-1) or to existing sectoral mediation bodies, or alternative dispute resolution (e.g., affiliation) in case of dispute.
In addition to the above-mentioned mediation procedure, the Customer is reminded that he can file a complaint on the platform of Online Dispute Resolution ("LLR") published by the European Commission, facilitating the independent alternative resolution of online disputes between consumers and professionals of the European Union (Article 14 of Regulation (EU) No. 524/2013 of 21 May 2013).This platform is available at https://webgate.ec.europa.eu/odr/
Version of 9 January 2020.
(Please complete and return this form only if you wish to withdraw from the contract.)
A l'attention de PAIN D'EPICES MULOT ET PETITJEAN, 13 place Bossuet 21000 DIJON
I/we (*) notify you/notifions (*) by this ma/notre (*) withdrawal of the contract relating to the sale of the property below:
Commanded on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of consumer(s) (only in case of notification of this paper form):
(*)Squeeze the needless mention.