TERMS AND CONDITIONS OF SALE
The present general conditions aim to define the terms of sale between M ET MME BOITON and its Customers, from the order to the delivery, through the use of the services made available by M ET MME BOITON and through the payment.
They regulate the steps necessary for placing the order and ensure the follow-up of this order between the Parties.
If the present contract should differ according to the quality of the Customer, whether an individual or a company, these differences will be clearly mentioned under the terms of an Agreement drawn up between them.
SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded between Le pic Bigourdan M ET MME BOITON, a limited liability company with a sole shareholder, with a capital of 10. 000 euros, whose registered office is located at 2 rue du moulin in Momères (64000), registered in the TARBES Trade and Companies Register under number 794 737 239 00010 (hereinafter the “Vendor”), and the customer, of legal age and capacity (hereinafter the “Customer”) wishing to purchase the products offered for sale by the Vendor on the website www.Le pic Bigourdan.fr (hereinafter the “Site”).
In particular, they specify the conditions of order, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on the Site are the products on sale in the LE PIC BIGOURDAN store.
The main characteristics of the Products and in particular the specifications, illustrations and size indications are presented on the Website.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and shall not engage the Vendor’s liability.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.
The Customer acknowledges having read and accepted these General Terms and Conditions of Sale prior to placing an order by ticking the box provided for this purpose before implementing the online ordering procedure on the Site.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the Site on the date the order is placed. The modifications of the General Terms and Conditions of Sale are opposable to the users of the Site from the moment they are put online and cannot be applied to transactions concluded previously.
Unless proven otherwise, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (general regulations on data protection) which came into force on 25 May 2018, the Customer has the right to access, rectify, oppose, delete and transfer all of his personal data at any time, either by writing, by post and providing proof of his identity, to :
Le pic Bigourdan M AND MRS BOITON
2 rue du Moulin
Either by email at the following address: email@example.com
The validation of the order by the Customer implies acceptance without restriction or reserve of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Site.
These General Terms and Conditions of Sale apply exclusively to orders delivered in metropolitan France.
For any information, the Customer Service of the Seller is accessible by the Customer:
By e-mail: firstname.lastname@example.org
By phone : 05 62 45 31 28
By mail : 2 rue du Moulin
The offers of Products proposed on the Site by the Seller are governed by these General Terms and Conditions of Sale.
The commercial offer will include, in addition to the details of the Products, the prices, the terms of payment (currency, deadline, terms of payment).
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limit of available stocks, as specified at the time of the order.The Products sold comply with the legal, regulatory and normative requirements in force at the time the commercial offer is put online.
It is up to the Customer to select on the Site the Products he wishes to order.
Orders are made on the Site by following the following process:
Choice of the Product: The Customer selects the Product(s) he wishes to order;
Verification of the contents of the selection: The Customer checks the contents of his basket while keeping the possibility to delete the selected Product(s);
When the Customer has an account on the Site, he fills in his login details in order to connect to the Site to continue his purchase.
When the Customer does not yet have an account on the Site, he fills in the registration form in order to create an account and identify himself on the Site to proceed with the purchase.
Acknowledgement and acceptance of the General Terms and Conditions of Sale : The Customer is invited to read the General Terms and Conditions of Sale and to express his unequivocal acceptance of the General Terms and Conditions of Sale;
Verification of the order: The Customer verifies the contents of his order, the total price, the delivery and billing address, while keeping the possibility to delete a Product or to modify the billing and delivery address;
Choice of delivery methods: The Customer specifies the delivery method chosen;
Choice of the method of payment: The Customer chooses the method of payment according to the methods defined in the article “methods of payment”;
Verification of the order: The Customer has the possibility to verify the details of his order, its total price and to correct possible errors before confirming its acceptance (article 1127-2 of the Civil Code); It is thus up to the Customer to verify the accuracy of the order;
Confirmation of the order: The Customer confirms his order after having checked it, by clicking on the “Order” button. During the final validation of the order, the Customer clicks on the “Pay my order” button, thus expressly acknowledging his obligation to pay for his order. The registration of an order on the Vendor’s site is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order;
Acknowledgement of receipt of the order: The Customer receives an e-mail summarizing the contents of his order, namely :
the number of his order;
the list and the price of the ordered Products;
the terms of delivery and the price thereof.
This document is the proof of the order. The Customer thus has, on a durable medium to download or print, all the legal information relating to his order.
Processing of the order: The order is then recorded by the Vendor who undertakes to honour it. In the absence of immediate availability, the Vendor undertakes to inform the Customer as soon as possible by e-mail. In the event of cancellation of the order, the Customer will be reimbursed within a maximum period of fourteen (14) days from the date of his request for reimbursement.
Order dispatch confirmation: The Customer will receive an e-mail confirming the dispatch of his order. The contract is deemed to be concluded on the date of sending this e-mail.
If the Products are not immediately available, the Seller undertakes to inform the Customer as soon as possible by e-mail.
Any order accepted by the Seller may only be cancelled by the Customer prior to dispatch of the order and with the agreement of the Seller.
The sale shall not be considered final until the Seller has sent the Customer confirmation of acceptance of the order by e-mail and after the Seller has received the full price. Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and the Vendor. The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer will be informed of the dispatch of his order by e-mail.
Any quantitative or qualitative modification by the Customer of the order that has become final may only be accepted with the prior agreement of the Vendor.
Product and price offers are valid as long as they are visible on the Site. In the event of unavailability of a product after the order has been placed, for any reason whatsoever, temporary stock shortage (in the event of simultaneous orders for example) or unavailability of the product, the Customer will be informed by e-mail of the additional delivery time for the Product ordered.
The Customer will be promptly informed by the Seller.
The Seller undertakes to respect the average delivery time indicated on the website, but it does not constitute a guarantee that the Product will be delivered within the agreed delivery time.PRICE – BILLING
The Products are supplied at the current prices shown on the Site at the time the order is recorded by the Seller. The prices are indicated in euros, including all taxes, but excluding delivery costs, which are invoiced separately.
These prices are firm and non-revisable during their period of validity, as indicated on the Site, and the Seller reserves the right, outside this period of validity, to modify the prices at any time, it being understood, however, that the price guaranteed to the Customer is that indicated on the Site on the day of confirmation of the order.
They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and in these General Terms and Conditions of Sale.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
TERMS OF PAYMENT FOR ORDERS
Unless expressly agreed otherwise in writing, the price is payable in cash, in full, on the day the order is placed.
The payment terms proposed are :
By credit card: credit card, Visa, Mastercard.
The details of the bank card used by the Customer are encrypted using SSL (Secure Socket Layer) protocol and never pass in clear text on the network. Payment is made directly to the bank. The Vendor has no access to these details and therefore cannot keep any trace of them on its servers.
In case of payment by credit card, the card is debited at the time of the order.
The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
Unless otherwise stipulated, the Seller shall not grant any discount.
The Customer can come and collect his order when it is ready directly from the Seller.
The Customer has the possibility at the time of choosing the delivery to tick the CLICK AND COLLECT box.
In this hypothesis, the Customer will be able to withdraw his order in the store LE PIC BIGOURDAN 2 rue du moulin 65360 Momères.
The customer will be informed by e-mail from the Seller as soon as his order is available.
For a delivery in metropolitan France, the Seller undertakes to deliver the items ordered as soon as possible. The average times observed for available items are from 48H to 72H for orders placed from Monday to Friday.
The Products ordered by the Customer will be delivered in metropolitan France, within a reasonable period of time from the order, to the address indicated by the Customer when ordering on the Site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases, the Products ordered will be delivered in a single delivery.
The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these delivery times are provided for information purposes only. However, if the Products have not been delivered within FIFTEEN (15) days after the indicative delivery date, for any reason other than force majeure, or due to the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
Deliveries will be made by COLISSIMO or POINT RELAIS.
All costs related to the reshipment of products due to an input error by the client will be at the exclusive charge of the client.
Any anomaly concerning the delivery (missing product compared to the delivery note, damaged package, broken products…) must be imperatively indicated on the delivery note in the form of “handwritten reserves”, accompanied by the signature of the Customer.
At the same time, the Customer must confirm this anomaly by sending the Vendor within two (2) working days following the delivery date a registered letter with acknowledgement of receipt setting out the said complaints.
In the event of an error in delivery, the Customer must submit to the Seller, on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form.
Beyond this deadline, any complaint will be rejected.
The formulation of this claim to the Seller may be made to his address:
Le pic Bigourdan
2 rue du moulin 65360 Momères
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Seller from any liability towards the Customer.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging in perfect condition to the Seller’s address.
To be accepted, any return must be reported and have the prior agreement of the Seller, who in case of agreement will reship the package to the correct address.
Shipping costs are borne by the Seller, except in the case where it turns out that the product does not correspond to the original declaration made by the Customer in the right direction of return.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or the apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these General Terms and Conditions of Sale.
Under no circumstances may the Seller be held liable for the consequences due to a delay in delivery attributable to inaccurate or incomplete information concerning the delivery address, a strike, a stoppage of means of transport, an administrative decision or any other event constituting a case of force majeure that would have the effect of preventing delivery.
TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Seller’s Products to the Customer shall only take place once the Customer has paid the price in full, regardless of the delivery date of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products.
RIGHT OF WITHDRAWAL – RETURNS
The right of withdrawal applies only to natural persons.
The Customer has, in accordance with the legal provisions, a period of fourteen (14) calendar days from receipt of the Product by himself, or a third party other than the carrier and designated by him, to exercise his right of withdrawal without having to justify his decision.
Any return may be notified in advance to the Seller by e-mail or by mail by returning the withdrawal form presented in Appendix I either by mail: EURL M ET MME BOITON – 2 rue du moulin à Momères/ or by e-mail: contact@Le pic Bigourdan.fr
We will not be able to accept returns of products that have been opened or whose packaging has been damaged. No returns or product replacements will be accepted for fresh products or for all products after the expiration of the use-by date. If these products were nevertheless returned, they would not be the subject of any refund in any form whatsoever.
Products must be returned to the Seller’s address.
Only products returned as a whole, in their complete and intact original packaging, and in perfect condition for resale, will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, taken back or exchanged. This right of retraction is exercised without penalty, except for shipping and return costs.
Following the Customer’s exercise of its right of withdrawal, the Seller shall refund all sums received, including delivery costs (with the exception of any additional costs arising, where applicable, from the Customer’s choice of a delivery method other than the standard delivery method proposed by the Seller) without undue delay and, in any event, no later than fourteen (14) from the date on which the Seller is informed by the Customer of its wish to avail itself of its right of withdrawal.
Only the return costs shall remain the Customer’s responsibility.
Notwithstanding the foregoing, the Seller reserves the right to block the refund until receipt of the returned Products or proof that the Customer has returned the Products.
The Seller shall make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another means of payment and provided that the refund does not incur any costs for the Customer. Under no circumstances shall the Seller make a refund by gift voucher.
SELLER’S LIABILITY – WARRANTY
The Products sold on the Site comply with the regulations in force in France.
The Seller will carry out all useful checks and will, if necessary, ask the customer for any useful information or photos. Following this, the Seller may respond favourably or unfavourably to the customer’s requests. If the answer is favourable, we undertake to reimburse you or to exchange the apparently defective, damaged or damaged products.
In this case, we thank you to contact the Seller’s After-Sales Service teams (2 rue du moulin 65360 Momères -MAIL: email@example.com– +33 (0)5 62 45 31 28) to describe precisely the problem encountered.
No product return or replacement will be accepted after a period of one month following your order.
2/Order preparation errors
We would be grateful if you could contact the Seller’s After-Sales Service teams (Le pic Bigourdan 2 rue du moulin à Momères -MAIL: contact@Le pic Bigourdan.fr – +33 (0)5 62 45 31 28) to describe the problem encountered in detail.
The Seller will carry out any useful checks and, if necessary, will ask the customer for any information or useful photos. Following this, the Seller may respond favourably or unfavourably to the customer’s requests. If the answer is favorable :
If necessary, the Seller will ask for the return at his expense of products sent by mistake.
For products not received by the customer, they will either be refunded or re-shipped at the Seller’s expense.
The content of the Website is the property of the Vendor 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 likely to constitute a counterfeiting offence.
In addition, the Seller remains the owner of all intellectual property rights on the photographs, presentations, drawings, etc., made with a view to supplying the Products to the Customer. The Customer therefore refrains from any reproduction or use of said photographs, drawings, presentations, etc., without the Vendor’s express prior written authorization, which may be subject to a financial consideration.
A Customer who has a personal Internet Site and who wishes to place, for personal use, on its Site a simple link directly referring to the home page of said Site, must obligatorily request the Vendor’s authorization. This is not, in this case, an implicit affiliation agreement.
In all cases, any link, even tacitly authorized, must be removed upon request from the Seller.
FORCED EXECUTION IN KIND
By way of derogation from the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a failure by either Party to fulfil its obligations, the Party which is the victim of the failure shall not be entitled to seek enforcement.
The Parties may not be held liable if the non-execution or delay in the execution 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.
By express agreement, the Seller shall be released from its obligations for any event, independent of its will, which prevents or delays the delivery or availability of the Products, contractually assimilated to force majeure. Thus, the following events suffered by the Seller shall constitute force majeure: lockout, strike, epidemic, embargo, accident, interruption or delay in transport, impossibility to be supplied, defect of raw materials, or any other event beyond the control of the Seller resulting in partial or total unemployment.
When the Seller is prevented from executing the contract by force majeure, the delivery period is automatically extended according to the duration of the impediment. The Seller shall inform the Customer by e-mail of the occurrence and end of such impediments. If the hindrance lasts longer than four (4) weeks, either party shall be entitled to withdraw from the contract by operation of law, without being able to claim compensation from us.
INFORMATION TECHNOLOGY AND FREEDOM
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
The data collected and subsequently processed by the Seller are those that the Customer transmits when placing the order.
These data are :
The surnames and first names,
A phone number,
A valid email address,
A postal address for delivery of the Products,
If applicable, an invoicing address if different from the delivery address.
Les données identifiées comme étant obligatoires au sein du formulaire de commande sont nécessaires à la gestion des commandes et aux relations commerciales. Elles peuvent être transmises aux sociétés qui concourent à l’exécution des services et commandes, à leur gestion, exécution, traitement et paiement. Les données concernant le Client sont stockées et sont conservées pour la durée strictement nécessaire à la réalisation des finalités visées ci-avant. Ces traitements ont fait l’objet d’une déclaration simplifiée auprès de la CNIL.
Conformément à la loi « informatique et libertés » du 6 janvier 1978, le Client dispose d’un droit d’accès permanent, de modification, de rectification et d’opposition s’agissant des informations le concernant.
Ce droit peut être exercé dans les conditions et selon les modalités définies dans la politique de confidentialité du Vendeur, disponible sur le site internet. Il lui suffit d’écrire au Vendeur par courrier postal ou électronique, en indiquant ses nom, prénom, e-mail adresse et, si possible, sa référence Client.
En application du RGPD, le traitement des données à caractère personnel est précisé dans la politique de confidentialité du Vendeur, celle-ci est accessible sur son site internet.
Le Vendeur s’engage à n’utiliser les informations confidentielles des Clients que dans le cadre de l’exploitation de son Site.
Si une des dispositions de ces Conditions générales de Vente était ou devenait nulle ou inopposable, des dispositions législatives ou règlementaires applicables, seule cette dernière serait réputée non écrite, la validité des autres dispositions ne s’en trouverait pas affectée. La disposition nulle ou inopposable serait alors remplacée par les dispositions légales applicables.
Un tel changement ou constat ne pourrait en aucun cas permettre au Client de ne pas respecter ces Conditions générales de vente.
Si une condition n’était pas explicitement mentionnée, elle serait considérée comme régie par les usages en vigueur dans le secteur de la vente à distance dont les sociétés ont siège en France.
NON-RENONCIATION – INTÉgralité du contrat
Le fait pour l’une des parties de ne pas se prévaloir d’un manquement par l’autre partie à l’une quelconque des obligations visées dans le cadre des présentes Conditions Générales de Ventes ne saurait être interprété pour l’avenir comme une revendication à l’obligation en cause.
Les présentes Conditions de Vente constituent l’intégralité de l’accord conclu entre les parties et remplacent tous les accords précédents et actuels conclus entre le Vendeur et le Client.
Toute renonciation à une disposition des Conditions de Vente ne sera effective qu’après signature écrite du Vendeur.
Les présentes Conditions Générales de Vente et les opérations qui en découlent sont régies et soumises au droit français.
Les présentes Conditions Générales de Vente sont rédigées en langue française. Dans le cas où elles seraient traduites en une ou plusieurs langues étrangères, seul le texte français ferait foi en cas de litige.
Tous les litiges auxquels les opérations d’achat et de vente conclues en application des présentes conditions générales de vente pourraient donner lieu, concernant tant leur validité, leur interprétation, leur exécution, leur résiliation, leurs conséquences et leurs suites et qui n’auraient pu être résolues entre le vendeur et le client seront soumis aux juridictions françaises.
Le Client est informé qu’il peut en tout état de cause recourir à une médiation conventionnelle, notamment auprès de la Commission de la médiation de la consommation (C.consom. art. L 612-1) ou auprès des instances de médiation sectorielles existantes ou à tout mode alternatif de règlement des différends (conciliation, par exemple) en cas de contestation.
Avant toute procédure contentieuse, le Client s’engage à s’adresser au Service Clientèle selon les modalités indiquées à l’article 1 des présentes Conditions Générales de Ventes. Si une contestation subsiste, le Vendeur s’engage à recourir à une procédure de médiation conventionnelle ou tout autre mode alternatif de règlement des différends si le Client en fait la demande.
Information précontractuelle – Acceptation du Client
Le fait pour une personne physique (ou morale), de commander sur le Site emporte adhésion et acceptation pleine et entière des présentes Conditions Générales de Vente et obligation au paiement des Produits commandés, ce qui est expressément reconnu par le Client, qui renonce, notamment, à se prévaloir de tout document contradictoire, qui serait inopposable au Vendeur.
The data identified as mandatory in the order form are necessary for order management and business relations. They may be transmitted to the companies involved in the execution of services and orders, their management, execution, processing and payment. The data concerning the Customer are stored and are kept for the duration strictly necessary to achieve the purposes referred to above. This processing has been the subject of a simplified declaration to the CNIL.
In accordance with the French law “informatique et libertés” of January 6, 1978, the Client has a permanent right of access, modification, rectification and opposition regarding the information concerning him/her.
This right may be exercised under the conditions and according to the terms and conditions defined in the Vendor’s confidentiality policy, available on the website. It is sufficient for the Customer to write to the Seller by post or e-mail, indicating his or her surname, first name, e-mail address and, if possible, his or her Customer reference.
The Seller undertakes to use the confidential information of Customers only in the context of the operation of its Site.
If any provision of these General Terms and Conditions of Sale is or becomes null and void or unenforceable, applicable laws or regulations, only the latter shall be deemed to be unwritten, the validity of the other provisions shall not be affected. The invalid or unenforceable provision would then be replaced by the applicable legal provisions.
Such a change or finding shall in no way allow the Customer to fail to comply with these General Terms and Conditions of Sale.
If a condition was not explicitly mentioned, it would be considered to be governed by the customs in force in the distance selling sector whose companies have their registered office in France.
NON-WAIVER – Entire contract
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a claim to the obligation in question.
These Terms and Conditions of Sale constitute the entire agreement between the parties and replace all previous and current agreements between the Seller and the Customer.
Any waiver of any provision of the Terms and Conditions of Sale shall only be effective after written signature by the Seller.
The present General Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
All disputes to which the purchase and sale operations concluded in application of the present General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved between the seller and the customer shall be subject to French jurisdiction.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C.consom. art. L 612-1) or with the existing sectoral mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
Prior to any dispute procedure, the Customer undertakes to contact Customer Services in accordance with the terms and conditions set out in Article 1 of these General Terms and Conditions of Sale. If a dispute remains, the Seller undertakes to use a conventional mediation procedure or any other alternative dispute resolution method if the Customer so requests.
Pre-contractual information – Acceptance by the Customer
The fact that a natural person (or legal entity) places an order on the Site implies full and complete adherence and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Vendor.