GENERAL TERMS & CONDITIONS OF SALE
France Pellets SAS, a simplified joint-stock company, operates an e-commerce business and provides an online service selling Products on the website www.barbecue-france.fr.|
These General Terms & Conditions (hereinafter referred to as the “Terms & Conditions”) are exclusively reserved for consumer Buyers.
The Seller reserves the right to modify, at any time, its General Terms & Conditions of Sale, the applicable Terms & Conditions being those in force on the date of the order by the Buyer.
ARTICLE 1 – DEFINITIONS
The terms used in the Terms & Conditions will have the meaning given to them below:
Buyer: any natural person who purchases Products through the Site.
Order: the Buyer’s purchase order covering one or more Products and accepted by the Seller in accordance with the Terms & Conditions.
E-mail or Electronic Mail: computerised document that a user enters, sends or consults remotely via a network. An email generally contains a text to which other texts, images and/or sounds may be attached.
Hypertext: cross-referencing system making it possible to navigate directly from one part of a digital document to another, or from one document to other documents, chosen as relevant by the author, by clicking on a link (text element or image), called a hypertext link.
Internet: global network combining telecommunication resources and server and client computers for exchanging electronic messages, multimedia information and files. It works by using a common protocol that allows for the step-by-step routing of messages divided into independent packets.
Party (Parties): The Buyer and/or the Seller.
Product: goods offered for sale on the Site by the Seller.
Site (Website or Internet Site): website accessible at the address www.barbecue-france.fr on which the Seller offers Products for sale.
Seller: France Pellets SAS, a simplified joint-stock company with a capital of €859,200, Rue de l'Eglise - 61310 Silly-en-Gouffern - France. Registered with the Argentan Trade and Companies Register under number 492 464 318 00038 – EU Intra-Community VAT: FR 31 492 464 318 - authorised to carry out any transport operation on its behalf and/or on behalf of third parties, notably in its capacity as a forwarding agent.
ARTICLE 2 – PURPOSE
The purpose of the Terms & Conditions is to define the Seller’s and the Buyer’s rights and obligations when selling Products through the Site www.barbecue-france.fr.
ARTICLE 3 – SCOPE
The Terms & Conditions apply to all sales of Products by the Seller to the Buyer, made through the Site.
An Order will be taken into account by the Seller only after prior acceptance of the Terms & Conditions by the Buyer.
ARTICLE 4 – ORDER
The Buyer places his/her Order through the Site.
All contractual information is presented in French and will be confirmed no later than at the time of delivery.
The Buyer declares to have read the Terms & Conditions prior to placing his/her Order and recognises that the validation of his/her Order implies the acceptance of their terms.
The Buyer also recognises that the Terms & Conditions are made available to him/her in a way that allows for their preservation and reproduction, in accordance with Article 1369-4 of the French Civil Code.
The offers presented by the Seller on the Site are valid for the current year.
In order to place the Order, the Buyer must provide the Seller with his/her personal data and complete an online form accessible from the Site.
The contract of sale between the Seller and the Buyer is formed when the Buyer clicks on the “Validate” button at the time of confirming his/her Order.
Until this final step, the Buyer will have the option of returning to the previous pages and of correcting and modifying his/her Order and the information provided previously.
A confirmation email, acknowledging receipt of the Order and summarising all of this information, will then be sent to the Buyer as soon as possible.
The Buyer must therefore provide a valid email address when he/she completes the fields relating to his/her identity.
In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer of this by Email as soon as it is aware of this unavailability.
This unavailability shall result in the cancellation of the Order and the refunding of the Buyer, without any undue delay and no later than 30 days, of the price of this order if his/her bank account has been debited.
The refund will be made by cheque.
ARTICLE 5 – PAYMENT
The prices of the Products indicated on the Site’s pages correspond to prices inclusive of all taxes and excluding logistical preparation and shipping costs.
The Seller reserves the right to modify the prices of the Products presented on the Site.
However, the Products will be charged to the Buyer based on the rates in force at the time of validation of the Order.
Payment will be made at the time of ordering.
The payment order made by bank card cannot be cancelled. Therefore, payment of the Order by the Buyer is binding, without prejudice to the Buyer to exercise his/her right of withdrawal and subsequent cancellation of the Order.
Transfer of ownership of the Product will pass over to the Buyer only when the Seller receives full payment of the price.
ARTICLE 6 – DELIVERY
The Product will be delivered according to the delivery details indicated by the Buyer on the form completed at the time of the Order.
The Seller undertakes to process the Order within thirty days from the date following the validation of the Order.
If the Seller exceeds this timeframe in shipping the Product, an email will be sent to the Buyer and he/she will have the option of cancelling the Order and, if his/her bank account has already been debited, of being refunded the price of the Product.
In case of late delivery following the shipping of the Product, the Buyer may also cancel the Order and be refunded the price of the Product as well as return costs.
If the Product is delivered after the cancellation of the Order, the refund will be made once the Seller has received the Product in its original condition.
The return of the Product and the refunding of the Buyer will take place under the Terms & Conditions provided for hereinafter in Article 7 “Cancellation – Withdrawal – Refund”.
ARTICLE 7 – CANCELLATION – WITHDRAWAL – REFUND
From when the Buyer has received the Product, he/she has a 14-day right of withdrawal, allowing him/her, without having to justify any specific reasons, to return the Product delivered.
If the Buyer exercises this right of withdrawal within 14 clear days from receiving the Product, the Seller undertakes to refund the Buyer without any undue delay and no later than 30 days following the date on which this right has been exercised.
Return postage and transport costs will be borne by the Buyer.
ARTICLE 8 – WARRANTY
Without prejudice to his/her right of withdrawal above, the Product provides the Buyer with the warranty for hidden defects as provided for in Article 1641 of the French Civil Code.
Furthermore, if the Product received by the Buyer is non-compliant with the Product named in its Order, this Product will be replaced or repaired, depending on the preference expressed by the Buyer, unless this preference results in a manifestly disproportionate cost in relation to the other option.
If the preference expressed by the Buyer cannot be executed within one month following his/her complaint, or if this repair or replacement is impossible, the Buyer will have the option either to return the Product and to be refunded the price of this Product if payment has already been made, or to keep the Product and to be refunded only part of the price.
ARTICLE 9 – LIABILITY
The Seller’s liability is limited to direct and foreseeable loss or damage which may result from the Buyer using the Site and the Products delivered.
The Seller shall not be held liable if the non-fulfilment or improper fulfilment of its obligations is attributable to the Buyer, to the unforeseeable and unavoidable act of a third party not involved in the provision of the services provided for in the Terms & Conditions, or to an unforeseeable, uncontrollable and external case of force majeure.
The Seller shall not be held liable for any loss or damage resulting from the Buyer’s negligence when using the Products.
ARTICLE 10 – INTELLECTUAL PROPERTY
All elements published on the Site such as sounds, images, photos, videos, documents, animations, programmes, corporate identity and style guide, utilities, databases and software are protected by the provisions of the Intellectual Property Code and belong to the Seller.
The Buyer is prohibited from infringing the intellectual property rights relating to these elements and notably from reproducing, representing, modifying, adapting, translating, extracting them and/or reusing a qualitatively or quantitatively substantial part of them, except for acts necessary for their normal and compliant use.
The Seller prohibits any affixing of a hypertext link to the Site.
ARTICLE 11 – PERSONAL DATA
The Buyer is informed that, at the time of his/her browsing and in the context of his/her Order, his/her personal data are collected and processed by the Seller.
This processing has been declared to the French Data Protection Authority (CNIL) in accordance with Act n° 78-17 of 6 January 1978.
The Buyer is informed that his/her data:
- are collected fairly and lawfully;
- are collected for specific, explicit and lawful purposes;
- will not be processed subsequently in a way that is incompatible with these purposes;
- are adequate, relevant and not excessive in relation to the purposes for which they are collected and to their subsequent processing;
- are accurate and complete;
- are kept in a form which enables identification of the data subjects for no longer than is necessary for the purposes for which they are collected and processed.
Furthermore, the Seller undertakes to take any useful measures in preserving data security, and notably in preventing data from being altered or damaged, or unauthorised third parties having access to them.
These data are used for processing the Order as well as for improving and customising the services offered by the Seller.
The Buyer is informed that his/her data may be transmitted to third-party companies such as the Seller’s trading partners and companies in charge of managing Orders.
The Buyer has the right to object to his/her personal data being processed and to these data being used for commercial prospecting purposes.
The Buyer may ask the Seller, with a view to obtaining confirmation that his/her personal data are or are not being processed, information relating to the purposes of the processing, to the personal data categories processed and to the recipients or to the recipient categories to which the data are communicated, the disclosure of his/her personal data as well as any available information about the origin of such data.
The Buyer may also require that the Seller corrects, supplements, updates, blocks or deletes his/her personal data that are inaccurate, incomplete, equivocal and outdated or the collection, use, disclosure or preservation of which is prohibited.
In order to exercise this right, the Buyer, in its capacity as data controller, will send an email to the Seller at the following address: [email protected]
ARTICLE 12 – AGREEMENT ON PROOF
It is expressly agreed that the Parties may communicate between themselves electronically for the purposes of the Terms & Conditions, on condition that technical security measures for ensuring the confidentiality of data exchanged are implemented.
The two Parties agree that Emails exchanged between themselves validly prove the content of their exchanges and, if and where appropriate, of their commitments, notably concerning the transmission and acceptance of Orders.
ARTICLE 13 – SEVERABILITY
If one or more of the stipulations of the Terms & Conditions were deemed unlawful or invalid, such nullity would not apply in order to invalidate the other provisions of these Terms & Conditions, unless these provisions were indissociable from the invalidated stipulation.
ARTICLE 14 – APPLICABLE LAW
The Terms & Conditions are governed by French law.
ARTICLE 15 – JURISDICTION
The Parties agree that, should a dispute arise concerning the fulfilment or interpretation of the Terms & Conditions, they will strive to reach an out-of-court settlement.
If the dispute cannot be settled out of court, it will be brought before the Courts having jurisdiction in such matters.