FOREWORD
These general terms and conditions of sales are concluded between, on the one hand, the company
SNFB Chantelle, registered at the RCS of Cusset under the number 32577290300010
Phone number : + 33 (0)4 70 56 62 69 + 33 (0)4 70 56 62 69 (9:30 a.m. to 4:00 p.m. on business days except Friday afternoon)
Mail : info@benedictines-chantelle.com
Hereinafter referred to as "the seller".
And, on the other,
Internet users, non commercial legal adults, wishing to purchase on the website boutique.benedictines-chantelle.com visible at http://www.benedictines-chantelle.com
Hereinafter referred to as "User".
These terms and conditions govern the sale of any product or service offered on the website boutique.benedictines-chantelle.com by the company SNFB Chantelle.
The parties agree that their relations will be exclusively governed by this contract, excluding any other condition.
Any order duly confirmed on the site boutique.benedictines-chantelle.com implies total acceptance with no exceptions to the present general terms and conditions of sales and, possibly, to any particular or specific conditions to one or more products, services or orders.
If a condition is found to be lacking, it would be governed by the procedures practiced in the area of distance selling companies which have their headquarters in France. The company SNFB Chantelle agrees to comply with all the provisions of the Consumer Code relating to distance selling.
SUBJECT
These conditions define the general terms of sales between the seller and the user, from ordering to service, as well as payment and delivery.
They regulate all the steps necessary for placing the order and keep track of the order between the contracting parties.
ORDER AND AVAILABILITY
The order can only be registered on the website when the user has clearly identified himself by entering his username and password which are of course strictly personal.
The user declares to be at least 18 years old and having the legal capacity or having a parental permission allowing him to place an order on the website.
Any order implies acceptance of prices and description of products available for sale.
The user declares to have read and accepted these general terms and conditions of sales before placing an order. The order’s validation implies the acceptance of these Terms and Conditions.
After placing the order, the seller sends an email to the user confirming the order.
The seller informs the user when he is sending the goods. The user can change the order until the day before the sending.
The company Chantelle SNFB agrees to fulfill website orders within the limits of available stock. If the ordered item isn’t available, the seller will inform the user.
SHIPPING
The delivery deadline matches the shipping time indicated on the product sheet, adding the processing and routing time.
If the seller knows about a total delivery time which exceeds 30 days, he may propose to the user to cancel the order until the stock’s replenishment.
Any order placed on the website and delivered out of France and in general out of the EU, may be subject to taxes and customs duties which are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery are the user's expense and his responsibility. The seller is not required to check and inform customs duties and taxes. To find out, we advise users to check with the competent authorities of his country.
PAYMENT
The user can choose to pay :
by check
A payment by check is only possible with an Euro check from a French or Monegasque bank. The check will be cashed upon receipt by the seller. The check is to be payable to the seller and sent to the address below with a copy of the order :
SNFB Chantelle (Payment website order) - 14 Rue Anne de Beaujeu - 03140 Chantelle
online by credit card
Visa, Mastercard
PRICES
The prices of our products are in euros all taxes included, excluding processing and shipping fees.
The seller reserves the right to change the prices at any time, but the products will be billed based on prices posted on the website at the time of the order.
The prices listed on the website are guaranteed for the online duration and within the limit of available stock.
RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
In accordance with the European Directive of March 24th. 2011, the user has fourteen (14) days to exercise his right of withdrawal by returning the ordered item or items to the seller without justifications or payment of penalties except the returning shipping costs. This fourteen (14) days interval begins on the day when the item or items are received.
All items can be exchanged or refunded unless otherwise specified, for example the ones which have been customized on the customer’s request. The exchange request has to be made within the 14 days after the receipt or the withdrawal of the package. If the new order is in excess, the user will have to join to the exchange request, his payment for the balance. Conversely, if the new order amount is lower than the initial one, the user will receive, upon receipt of the request, a refund or credit note in a coded form (available on the website) to refund the difference.
The user has fourteen days after having sent the notification of withdrawal (by email or by mail, stating the order’s reference) to return the package to the seller.
The returned product must be complete, send in an appropriate and safe transport packaging and in the same condition as it was received.
Refund or exchange will be made after receipt and inspection of the product by the seller.
WARRANTIES
All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided by Article 1641 of the Civil Code. The user benefits from legal warranties enabling him to return defective or damaged delivered goods in accordance with articles L 211-4 and following of the Consumer Code.
Article L211-4 of the Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also liable for the lack of conformity resulting from the packaging, assembly instructions or installation when he assumed responsibility by contract or had it carried out under its responsibility.
Article L211-5 of the Consumer Code
To comply with the contract, the product must :
1 Fit for the usual purpose of a similar article and, where applicable :
- Match the description given by the seller and possess the qualities which have been presented to the buyer as a sample or model;
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
1 Or have the qualities defined by common agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
Article L211-12 of the Consumer Code
The prescription of an action resulting from lack of conformity occurs two years after delivery of the product.
Article 1641 Civil Code
The seller is liable for concealed defects that prevent the sold product from being suitable to its intended use, or that reduces this use to the point the buyer would not have acquired it, or would have demanded a lower price had he known about them
Article 1648 al. First Civil Code
The action resulting from fundamental defaults must be initiated by the buyer within a period of two years after the default has been disclosed.
SIGNATURE AND PROOF
Any user of the website who doesn’t have a customer number must follow a procedure of registration to obtain one. The username and password constitute confidential data which the customer must not disclose to third parties. In case of suspected unauthorised usage of the account, the customer has to inform the seller quickly.
In all cases, the online provision of the credit card number and the final validation of the order shall be evidence of the entirety of the said order in accordance with the law of March 13th. 2000 and will result in the enforceability of the sums agreed to by entering the items shown in the purchase order.
This validation worth signature and formal acceptance of all operations carried out on the site. However, in case of fraudulent usage of his credit card, the customer is asked, upon learning of any such usage, to contact customer service by calling + 33 (0)4 70 56 62 69 + 33 (0)4 70 56 62 69 (from 9:30 a.m.to 4:00 p.m. business days except Friday afternoon)
RESPONSIBILITY
The company SNFB Chantelle has for all stages of taking orders and for the steps after the contract an obligation of result.
Thus the seller undertakes to describe with great accuracy the products sold on the website boutique.benedictines-chantelle.com. However, the seller cannot be held liable in the event that the non-performance of its obligations can be attributed either to unpredictable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French Jurisprudence. Similarly, the seller's is not responsible for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses.
PERSONAL DATA
The seller reserves the right to collect personal data.
The personal data communicated by the user or collected via website’s operations (via cookies or active x) are intended to ensure the proper completion of the deliveries, to improve the service quality and to better meet customer expectations. The user agrees to the seller’s usage of such data, especially to provide information on services and promotional offers which might interest him.
If the user does not wish to receive such offers, he can submit this request at any time either directly within his account via the Internet, or by letter sent to the following address SNFB Chantelle - 14 Rue Anne de Beaujeu - 03140 Chantelle FRANCE, while indicating his last name, first name, e-mail address and, if possible customer number.
In compliance with the provisions of the “Computing and Liberties” law of January 6th. 1978, the customer has the right to access and rectify the personal data concerning him, by simply writing to the seller’s customer service department.
Customer’s data is kept confidential by the seller for a period of 2 years from the last visit to the website.
The user is informed that the automated information processing, notably the management of e-mail addresses, has been declared to the CNIL under the number 1328768 dated November 6th. 2008.
The seller makes every effort to ensure the confidentiality and security of the data transmitted over the web. To this end, the website uses a secure payment method SSL type (Secure Socket Layer).
INTELLECTUAL PROPERTY
All elements of the website boutique.benedictines-chantelle.com, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents.
INTEGRAL NATURE
In the event of one of the clauses of the present contract being null and void, either due to a change in legislation, regulation or court decision, this does not in any way affect the validity and compliance with general terms and conditions of sale.
DURATION
The present terms apply for the entire period during which products and services are made available online by SNFB Chantelle.
PROOF
The records stored in computer systems of the company SNFB Chantelle and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
RETENTION AND ARCHIVING OF TRANSACTIONS
The purchase orders and invoices are archived on a reliable and lasting backup media such as to provide a true and lasting copy in compliance with article 1348 of the Civil Code.
APPLICABLE LAW AND JURISDICTION
The present terms are subject to French law. The competent Court in the event of litigation will be the one of the defendant’s residence or, according to the applicant’s choice, the effective delivery place of the product.