Terms of Sales
Between the Company THE BOUTIQUE OF MARCO, 13 Bd Victor Tuby 06400 - Cannes - FR, with the Capital of 1000 €, registered with the Register of the Commerce and the Companies of Cannes under the number 844353664, SIRET 84435366400015, represented by Marco Ruolo, in manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the "Seller" or the "Company".
On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company,
Hereinafter, "the Buyer", or "the Customer" On the other hand, It was stated and agreed as follows:
The Seller is a publisher of truffle products and services exclusively for consumers, marketed through its websites (https://www.laboutiquedelatruffeitalienne.com). The list and description of the goods and services offered by the Company may be consulted on the aforementioned sites.
Article 1: Purpose and General Provisions
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company's Internet sites which are an integral part of the Contract between the Buyer and the Seller.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order.
These General Terms and Conditions are available on the Company's website at the following address: ____. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click.
The Customer declares that he / she has read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of the products sold through the Internet sites are indicated in Euros TTC and precisely determined on the pages of descriptions of the Products. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Despite all our efforts, a small number of products in our catalog may display an error on the price. We will check the price when processing your order and before any payment. If it turns out that we have made a mistake on the display of the price, and that the actual price is higher than the price displayed on the Website, we can contact you to ask you if you want to buy the product at its price real or if you prefer to cancel your order. If the actual price is lower than the posted price, we will charge you the lowest price and send you the product.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.).
The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 3: Conclusion of the contract on line
The Customer must follow a series of steps specific to each Product offered by the Seller to fulfill his order.
However, the steps described below are systematic:
- Information on the essential characteristics of the Product;
- Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address ...);
- Acceptance of these General Terms of Sale;
- Verification of the elements of the order and, if necessary, correction of the errors;
- Follow-up of instructions for payment, and payment of products;
- Delivery of products. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the customer.
For the purpose of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any other reason.
Article 4: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract.
The Seller undertakes to honor the Customer's order within the limit of the available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
The period of validity of the Products' offer and their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services.
Unless otherwise specified, the rights granted hereunder are only to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges the defective products or not corresponding to the order.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the time of preparation of the order. When delivery requires an appointment with the Customer the time is likely to be extended.
When the Customer orders several products at the same time they may have different delivery times delivered according to the terms and conditions dictated by the senders.
In case of late delivery, the Customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code.The Seller proceeds to refund the product and expenses "go "Under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order.
The Seller reminds that when the Customer physically takes possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an article for a period of more than 12 working days, you will be immediately informed of the foreseeable delays of delivery and the order of this article can be canceled on simple request. The Customer may then request a credit for the amount of the item or refund.
Article 8: Payment
Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card or bank transfer.
Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider.
The information transmitted is encrypted according to the rules of the art and can not be read during transport on the network
Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated.
The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, unless one of the exceptions listed below is applicable, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to give reasons or to pay any penalties, except, where applicable, the cost of return, "the consumer or a third party designated by you (other than the carrier), physically took possession of the goods purchased ( or the last good, lot or piece if the contract relates to the delivery of several goods or several lots or parts delivered separately) or the date on which you concluded the contract for the provision of services.
The right of withdrawal can be exercised by contacting the Company as follows: email@example.com
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the return costs will be borne by the Customer.
Product returns are to be made in their original condition and complete (packaging, accessories, instructions ...) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
We inform the Customers that in accordance with Article L. 121-20-2 of the French Consumer Code, the right of withdrawal does not apply to:
- the delivery of products that can not be returned for reasons of hygiene or health protection, if you have them unsealed or have, after being delivered, mixed indissolubly with other articles;
- the delivery of audio or video recordings or computer software when you have unsealed them after delivery;
- the delivery of products that have been made to your specifications or clearly personalized;
- the supply of products likely to deteriorate or expire rapidly;
- the provision of services fully performed by Amazon for which you agreed at the time of placing your order that we begin their performance, and waived your right of withdrawal;
- the supply of newspapers, periodicals or magazines with the exception of subscription contracts to such publications; and
- the supply of alcoholic beverages whose value agreed at the conclusion of the contract depends on fluctuations in the market outside our control.
In accordance with the legal provisions, you will find below the standard form of withdrawal to send to the following address:
by selecting as the reason for the return "No longer desired / no longer needed".
I hereby notify you of my withdrawal from the contract for the sale of the products below:
Ordered on / received on:
Article 10: Guarantees
According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made.
The refund request must be made as follows: We will refund all payments we have received from you, including standard delivery charges (that is, the least cost we propose) at the latest 14 days after receipt of your request for withdrawal. We will use the same method of payment as you used in your initial order, unless you expressly agree otherwise. In any case, this refund will not cause additional costs for you. We may defer the refund until we have received the product (s) or until you have provided proof of shipment of the product (s), whichever is the earlier. first of these facts. If the refund is made after the deadline mentioned above, the amount due to you will be increased automatically.
Please note that you must return the product (s) no later than 14 days from the date you notify us of your decision to retract.
You must bear the direct costs of returning the product (s). You will be responsible for the depreciation of the value of the product (s) resulting from handling (other than those necessary to establish the nature, the characteristics and the good functioning of this (these) product (s)
Seller recalls that the consumer:
- has a period of 2 years from delivery of the goods to act with the Seller;
- he can choose between the replacement and repair of the property subject to the conditions provided by art. apparently defective or not corresponding;
- that there is no need to prove the existence of the lack of conformity of the good during the six months following the delivery of the good;
- that, except second-hand goods, this period is extended to 24 months from March 18, 2016;
- that the consumer can also assert the guarantee against latent defects; of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the selling price (provisions of Articles 1644 of the Civil Code).
Article 11: Claims
If necessary, the Purchaser may submit any complaint by contacting the company using the following contact firstname.lastname@example.org
Article 12: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 13: nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 14: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract.
By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time.
Simply click on the link at the end of our emails or contact the controller (the Company) by letter RAR. We carry out on all our sites a follow-up of the frequentation.
For this, we use tools such as google analytics
Article 15 Limitation of Liability
It is stipulated a limit of liability of the Seller for the performance of the service to 20 euro.
Article 16: Applicable Law
All clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
9. MODIFICATION OF THE SERVICE OR TERMS OF SALE
We reserve the right to make changes to our Website, our procedures, and our terms and conditions, including these Terms and Conditions at any time. You are subject to the terms and conditions, procedures and General Terms and Conditions of Sale in force at the time you order us a product, unless a change to these terms and conditions, or these General Conditions of Sale is required by an administrative or governmental authority (In this case, this change may apply to previous orders you made). If any provision of these Terms and Conditions of Sale is deemed invalid, void or unenforceable, for whatever reason, this provision shall be deemed severable and shall not affect the validity and effectiveness of the remaining stipulations.
If you breach these Terms and Conditions and we take no action, we will always be entitled to use our rights and remedies in all other situations where you would violate these Terms and Conditions.