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CGV - Marquis de Bérangose

Conditions Générales de Vente du Marquis de Bérangose

Preamble

The site is published by the seller, SAS Marquis de Bérangose, whose registered office is located at the following address: 5, place St-Jean Baptiste - 85600 Montaigu, and registered at La Roche-sur-Yon B 820 179 612.

Seller's individual intra-Community identification number: FR85820179612

The following provisions are intended to define the general terms and conditions of sale on the website www.marquisdeberangose.com

These general terms and conditions of sale (hereinafter "GTC") define the contractual rights and obligations of the seller and his customer in the context of a distance and electronic sale of goods and products.

The GTCs exclusively govern the relationship between the seller and the customer.

The GTCs express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.

In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose registered office is in France and the Consumer Code apply.

The seller reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online.

 

Article 1. Catalogue or online shop

Through the site, the seller provides the customer with a catalogue or online shop that accurately presents the products sold, without the photographs having any contractual value.

The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this fact.

The products are offered within the limits of available stocks.

The prices and taxes relating to the sale of the products are specified in the catalogue or online shop.

 

Article 2. Prices

The seller reserves the right to modify its prices at any time by publishing them online.

Only the prices in force indicated at the time of the order will apply, subject to the availability of the products on that date.

Prices are indicated in euros and in dollars (excluding and including all taxes) and do not take into account delivery costs, which are invoiced in addition. Delivery costs are indicated before validation of the order by the customer.

Prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will automatically be reflected in the price of the products in the catalogue or online shop. If one or more taxes or contributions, in particular environmental taxes or contributions, are created or modified, either upward or downward, this change may be reflected in the selling price of the products.

The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.

Payment of the full price must be made at the time of ordering.

For any delivery outside the EU (Switzerland), customs duties may be applied and are the responsibility of the customer. 

 

Article 3. Online ordering

The customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.

The customer must accept by clicking on the indicated place, the present general conditions of sale, for his order to be validated.

The customer must provide a valid e-mail address and delivery address and acknowledges by these general terms and conditions of sale that any exchange with the seller may take place by means of this address.

The customer will also have to choose the delivery method and validate the payment method.

The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.

 

Article 4. Confirmation and payment of the order

This is an order with payment obligation, which means that the placing of the order implies payment by the customer.

1. Payment 

The customer makes the payment at the time of the final validation of the order by specifying his credit card number.

The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect constitutes proof of his consent to the sale and to the payment of the sums due under the order.

In the event of a dispute or fraudulent use of the credit card without physical use of the credit card (use of the credit card number), any person may contest within 70 days from the date of the transaction by submitting a claim in accordance with the following procedures, so that the seller bears the costs of the sale and returns the disputed sum:

By e-mail to the address mb@marquisdeberangose.com

Any dispute not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability.

The seller has put in place a procedure for verifying orders and means of payment in order to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting identification data from the customer.

In the event of refusal of authorization of payment by credit card by accredited organizations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is pending.

2. Confirmation

Upon receipt of the validation of the purchase and payment by the customer, the seller sends the latter, on the e-mail address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.

The seller is required to send an invoice to the customer upon delivery.

The customer may request that the invoice be sent to an address other than the delivery address by sending a request to customer service (see contact details below) before delivery.

In the event of unavailability of a product, the seller will keep the customer informed by e-mail as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and final.

The customer can still exercise his right of withdrawal within 14 days from the time when the information concerning the unavailability of the product was sent to him.

For any question relating to the follow-up of an order, the customer may contact customer service at the following address:

By e-mail to the address:
mb@marquisdeberangose.com

By letter to the address:
5 place St Jean Baptiste - 85600 Montaigu

 

Article 5. Electronic signature

In accordance with the provisions of Law No. 2000-230 of 13 March 2000, the online provision of the buyer's credit card number and the final validation of the order constitute proof of the customer's agreement, the due date of the sums due under the purchase order, signature and express acceptance of all operations performed.

 

Article 6. Proof of the transaction

Communications, orders and payments between the customer and the seller may be proven by means of computerised registers, kept in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

 

Article 7. Method of payment

All payment methods made available to the customer are listed on the seller's website. The customer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when placing the order.
 

Article 8. Shipping & Returns

Delivery is only made after confirmation of payment by the seller's bank.

The products are delivered to the address indicated by the customer on the online order form, the customer must ensure its accuracy.

Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer's expense.

Except in cases of force majeure, delivery shall take place, according to the method chosen by the customer, within the following deadlines:

Delivery times will be specified for each product

1. Delay in delivery and denunciation

In the event of late delivery, the seller shall inform the customer, who may terminate the contract and request a refund within 14 days of such termination.

The total refund of the product and delivery costs, or re-shipment if applicable, is then made.

This termination of the contract must be addressed as follows:

By e-mail to the address:
mb@marquisdeberangose.com

By post to the address:
5 place St Jean Baptiste - 85600 Montaigu

Any denunciation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.

2. Checking the order

If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note.

The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.

The verification of the products is considered as carried out as soon as the customer, or a person authorized by him, has signed the delivery note.

The customer must, where applicable, inform the seller of his reservations in accordance with the following procedures:

By e-mail to the address:
mb@marquisdeberangose.com

By post to the address:
5 place St Jean Baptiste - 85600 Montaigu

Any reservation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the customer.

3. Error of delivery

In the event of an error in delivery and/or non-conformity of the products with the information on the order form, the customer makes a complaint to the seller on the same day as the delivery or at the latest on the first working day following delivery.

The claim may be made in the following ways:

By e-mail to the address:
mb@marquisdeberangose.com

By post to the address:
5 place St Jean Baptiste - 85600 Montaigu

Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.

4. Return of order

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following procedures:

Product returned within 14 (fourteen) days after delivery to the address: 5, place St-Jean Baptiste - 85600 Montaigu

Any complaint or return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.

Any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging. The return costs are the responsibility of the seller.

 

Article 9. Product guarantees

The seller is responsible for the conformity of the products with the contract.

The customer may make a request under the legal guarantee of conformity, in accordance with the provisions of Articles L. 211-4 of the Consumer Code, or under the guarantee of defects under Articles 1641 et seq. of the Civil Code.

The customer is informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.

1. Compliance guarantee

The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.

As such, he may choose between repairing or replacing the goods, under the conditions provided for in Article L. 211-9 of the Consumer Code.

The customer is not required to provide proof of the existence of a lack of conformity within 6 months (24 months from 18 March 2016, except for second-hand goods) of the date of delivery of the product.

2. Warranty for defects

The customer, if he implements the warranty against defects provided for in articles 1641 et seq. of the Civil Code, may choose between rescinding the sale or reducing the price, in accordance with article 1644 of the Civil Code.

 

Article 10. Unavailability of products and refund

In the event of unavailability of an ordered product, the customer will be informed by e-mail.

The customer will have the possibility to cancel his order and will thus have the choice between the refund of the sums paid by him within 30 days at the latest of their payment, or at the exchange of the product.

 

Article 11. Right of withdrawal

The customer can exercise his right to retract and return the product within 14 working days of delivery.

The customer will exercise his right of withdrawal by contacting customer service:

By e-mail to the address:
mb@marquisdeberangose.com

By post to the address:
5 place St Jean Baptiste - 85600 Montaigu

After having communicated his decision to withdraw, the customer then has 14 days to return or return the goods.

Any retraction or return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.

The customer may request the exchange or refund of the returned product, without penalty, the return costs being borne by the seller.

The return or exchange of the product can only be accepted for the products as a whole, intact and in their original state, in particular with complete, intact packaging and in a state of sale.

Certain products, because of their intrinsic quality, may not be subject to the right of withdrawal and may not be refunded, in particular but not exclusively, the products referred to in Article L. 121-21-8 of the Consumer Code, namely:

- any tailor-made product; 

- any product that cannot by nature be reshipped; 

- any perishable product; 

- any video product; 

- any press product.... 

The seller shall reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of shipment of the goods.

 

Article 12. Force majeure

The parties shall be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code prevents their performance. The obligations of the parties will be suspended.

The party invoking such a circumstance shall notify the other party immediately, upon its occurrence and disappearance.

Are considered as cases of force majeure all facts or circumstances that are irresistible and unpredictable, unavoidable and that cannot be prevented by the latter, despite all reasonable efforts, defined as such by French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stopping of telecommunication networks.

If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

 

Article 13. Partial nullity

If one or more provisions of these general terms and conditions of sale are declared null and void by application of the law, a regulation or a final decision of a French court, the other provisions shall retain their full force and scope.

 

Article 14. Applicable law and competent jurisdiction

The seller is established in France in a stable and sustainable manner in order to carry on his activity effectively, whatever the location of his registered office in the case of a legal person.

Therefore, these GTC are subject to the application of French law, excluding the provisions of the Vienna Convention.

In the event of a dispute or claim, the customer will first contact the seller to obtain an amicable solution.

In the absence of an amicable agreement, the customer, if he enters into a contract as a consumer, may bring proceedings before the court of his choice and if he enters into a contract as a professional, may bring proceedings before the court of the place where the seller has his registered office.

T&C V2 - Updates on 13/01/2019