1 - OBJECT :
The general conditions of sale of the company LES MAITRES DES ÉPICES, whose head office is located at Porte B105 - 24 chemin de collex 01210 Ferney-Voltaire France apply to any natural or legal person, hereafter called "the customer", making a purchase from LES MAITRES DES ÉPICES. The customer declares to be major or holder of a parental authorization and to have the legal capacity to contract allowing him to make an order. All orders are subject to the conditions listed below. They prevail over any other stipulation, written or not, made by the customer. Any order implies full acceptance of these conditions of sale with the exception of special conditions written by the seller at the time of the order.
2 - ORDER :
It is up to the customer to define his needs and to choose his products under his own responsibility.
3 - PRO-FORMA :
The pro-formas established by the company LES MAITRES DES ÉPICES are only valid for a period of 15 days from their issuance unless the company is obliged to increase its prices for reasons beyond its control: natural disasters, crises, ...
4 - DELIVERY :
After the validation of the order, the average delivery time is 24 hours. LES MAITRES DES ÉPICES reserves the choice of the carrier and guarantees the good routing of the goods.
5 - PRICES :
a) The prices appearing on the catalogue and the website are indicated in euros (all taxes included), excluding delivery costs. The prices shown on your order after it has been validated and recorded are firm and final: if the prices fall a few days after the order is placed, we will not be able to compensate you for the difference; if the prices rise, we are committed to delivering to you at the price set on the day the order was placed. The prices invoiced at the time of the order are those in force in the current catalogue.
6 - RECEPTION :
a) Returns may only concern products that have not been altered in any way and that arrive in their original packaging. Food products can only be returned if they are still in their original intact packaging. Article L221-28 of the Consumer Code sets out the contracts for which the right of withdrawal cannot be exercised. No product can be exchanged before its return to the premises of the company LES MAITRES DES ÉPICES.
b) Any complaint will have to be notified in writing either by registered letter with acknowledgement of receipt. No product can be taken back or exchanged without the express agreement of the company LES MAITRES DES ÉPICES.
7 - PAYMENT :
The payment is cash with the order, net and without discount. In the absence of payment, the company LES MAITRES DES ÉPICES will not take into account the order. The company LES MAITRES DES ÉPICES reserves expressly the property of the delivered goods until the complete payment of their price in principal and interests. The simple handing over of a title of payment does not constitute a payment. The above provisions do not prevent the transfer to the buyer of the risks of loss or deterioration. Any delay or failure to pay shall entail, by way of penalty, late payment interest equal to three times the legal interest rate. All the expenses that the company LES MAITRES DES ÉPICES will judge useful to engage to recover the payment are chargeable to the customer.
8 - RIGHT OF WITHDRAWAL :
The customer has a period of 14 days after receiving his order to exercise his right of withdrawal. He has to inform the company LES MAITRES DES ÉPICES of his wish to withdraw. The customer has then a maximum period of 14 days to return his order at his own expenses and to claim his refund. He will have to respect the clause 6 - RECEPTION a).
9 - GUARANTEES :
LES MAITRES DES ÉPICES shall in no case be held responsible for unforeseeable, indirect or immaterial damages, damages related to a defective use of the sold product, to the non-conformity to the customer's needs of the sold product or for any other damage related to a cause independent from LES MAITRES DES ÉPICES. As regards the products bought to satisfy the professional needs, LES MAITRES DES ÉPICES will not incur any responsibility for any indirect damage because of the present, operating loss, loss of profit, damage or expenses, which could occur.
It is reminded that the benefit of the commercial guarantee does not prevent the application of the legal provisions relating to the legal guarantee of conformity and the guarantee of hidden defects (legal guarantees) reproduced below.
Article L217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code: The goods conform to the contract:
1° If it is fit for the use usually expected of a similar good and, if applicable :
if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
whether it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 Code de la consommation: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 Civil Code: The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
It is recalled that in the context of the legal guarantee of conformity, the consumer :
- has a period of two years from the date of delivery of the goods to take action against the seller
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months as of 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover your goods. It is recalled that the consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
10 - PERSONAL DATA :
a.) Collection and use of your personal data, LES MAITRES DES ÉPICES is responsible for the processing of your personal data. In general, the information that you communicate to us, with the exception of your password which is encrypted and can never be read, are intended for the authorized personnel of LES MAITRES DES ÉPICES who is the person in charge of the processing. Your data is used to manage your access to your LES MAITRES DES ÉPICES customer account, and will also be used or transmitted for the processing and the follow-up of your orders by our services and our providers, the after-sales service of the products ordered on our Website or bought in shop, the marketing management and the customer relationship, the collection and the fight against fraud, the reporting, the piloting of the segmentation and the marketing selection
b.) Right of opposition, rectification or deletion of your personal data: in accordance with the law of January 6, 1978 relating to data processing, files and freedoms, as amended, you have the right to query, access, rectify and oppose for legitimate reasons all data concerning you as well as a right to oppose commercial prospecting by LES MAITRES DES ÉPICES and/or its Partners. You also have the right to formulate specific or general directives concerning the conservation, deletion and communication of your data post-mortem.
In accordance with the provisions of Article 40 of the Act of 6 January 1978, the exercise of these rights requires proof of your identity. You can exercise all these rights by sending your request, accompanied by a signed identity document, by email to contact@france-memory.fr or by post. If you are concerned by email prospecting, you can also modify or unsubscribe from newsletters by clicking on the "unsubscribe" or "unsubscribe" hypertext links present in each newsletter or by going directly to your Pearl customer account by clicking on the "Newsletter" link then "Unsubscribe".
d.) Duration of conservation of your personal data: The personal data collected by LES MAITRES DES ÉPICES within the framework of the creation of your customer account and the placing of order of products and/or services are preserved for the time necessary to the management of your orders and the rights which are associated with it (guarantees, etc.), to the management of the commercial prospecting, etc.
Duration of conservation of personal data by LES MAITRES DES ÉPICES, the indicated duration covers the duration of conservation in active base and in internal archives, for the Data of your customer account: 3 years as from your last contact with LES MAITRES DES ÉPICES; Data of your orders: 10 years after the placing of the order; ID communicated within the framework of the exercise of the rights of interrogation, access, correction and opposition: 1 year as from the date of reception by LES MAITRES DES ÉPICES. Some of your personal data will also be kept by LES MAITRES DES ÉPICES within the time limits imposed by the legislation in order to meet its legal obligations.
11 - DISPUTES :
In case of disputes our sales department is at your disposal via the contact page of our website. As a member of the FEVAD, our customers can call upon their mediation service.
12 - FORCE MAJEURE :
The company LES MAITRES DES ÉPICES cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure.
13 - ECOPARTICIPATION and WEEE :
The company LES MAITRES DES ÉPICES, as any distributor, collects from its customers an eco-participation, included in the selling price, in order to finance the channels of collection and recycling of the Waste of electrical and electronic equipment (WEEE). For all electrical and electronic equipment products, in accordance with article R.543-180 of the Environment Code, any customer can benefit from a right to take back their WEEE free of charge. The request for taking back the product must respect the principle of ' 1 for 1 ': LES MAITRES DES ÉPICES takes back your old product for any product of the same type bought within the framework of the remote sale or in one of our sales outlets. To know the modalities of taking charge of your product and to make a request for the return of your product.