General Terms and Conditions of Sale
3, rue du Colonel Blondel
57430 Sarralbe (France)
Tel : +33 (0)3 87 97 00 62
Simplified joint stock company with a capital of €10,000
Registered at the RCS of SARREGUEMINES
SIRET : 833 365 034 00028
VAT number : FR42833365034
TO BE READ CAREFULLY:
By connecting to the website www.petit-veganne.com, you confirm that you have read and accepted these General Terms and Conditions of Sale. These are applicable to all orders placed with the company Petit Veganne.
Thus, any order will be exclusively governed by these General Conditions, which may be modified at any time, depending on the company's activity. The present General Conditions applied are those read and accepted at the time of the order (date of order being taken as proof).
A) GENERAL PROVISIONS
The website www.petit-veganne.com (the "Site") was designed by SAS Petit Veganne, which is the owner and holder of all related rights. Unless prior, express and written authorisation has been obtained from the company's management, it is forbidden to copy or download all or part of the Site or its content. SAS Petit Veganne does, however, authorise the creation of hypertext links to the Site.
B) PROVISIONS APPLICABLE TO ORDERS PLACED AND CONTRACTS CONCLUDED
Article I - ACCEPTANCE OF THESE GENERAL CONDITIONS OF SALE
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of products offered by Petit Veganne. The fact that a user confirms the order on the site www.petit-veganne.com (by clicking on the "Place order" button provided for this purpose), is worth the full acceptance of these General Conditions, which will be solely applicable to the contract thus concluded at the time of the order, without exception or reservation.
Article II - CONFIRMATION OF ORDER AND CONCLUSION OF SALE CONTRACT
The purpose of the Site is the sale of predominantly food products. It contains at all times a commercial proposal for the sale of products, which is not legally considered as a permanent offer. Thus, as will be explained below, the conclusion of a sales contract will only occur in the event of an order confirmation by Petit Veganne.
After validation of the payment and receipt of the latter (in the case of bank transfer or payment by cheque), in accordance with article 3 of these General Conditions, the order is deemed to have been accepted by Petit Veganne.
Petit Veganne will then confirm acceptance of the order to the user by e-mail. This confirmation, or if applicable, the refusal of acceptance of an order, will be communicated to the user no later than 48 working hours after receipt of payment for the order.
Petit Veganne reserves the right not to register a payment, and consequently not to confirm an order for any reason whatsoever. In particular, in the event of a supply problem, a difficulty concerning the order received, or an unforeseen problem concerning the delivery to be made.
The user may not cancel the order, unless the amount indicated in the order confirmation by Petit Veganne is incorrect in relation to the price indicated on the Site. In this case, the Customer must send an email to Petit Veganne to cancel the order, no later than 24 hours after receiving the order confirmation.
Article III - GENERAL OBLIGATIONS OF THE PARTIES
1) Obligations of Petit Veganne
Petit Veganne undertakes, in the event of acceptance of an order, to sell and deliver to the Customer the Organic Plant Specialities and other products ordered by the latter. In this respect, Petit Veganne undertakes to deliver the products to the carrier designated by itself, no later than 14 working days after the acceptance of an order.
Petit Veganne has concluded a contract with this carrier under which the latter undertakes to deliver the products to the address indicated by the Customer. Petit Veganne cannot be held responsible for incorrect information concerning the delivery address.
2) Obligations of the customer
The Customer undertakes to provide Petit Veganne with an address to which the delivery can be made during working hours.
The Customer undertakes to pay the price stipulated for the service provided by Petit Veganne (the sum includes the price of the products and transport costs). The Customer also undertakes to pay or have paid, where applicable, directly to the forwarding agent or carrier, the customs duties, VAT or other taxes due on the importation of the products into the country of the place of delivery.
The Customer is prohibited from reselling the products. Any order placed by a Customer is for his/her personal use or for the personal use of the person for whom the delivery has been made.
In the latter case, the Customer is responsible for the personal acceptance of these General Terms and Conditions of Sale by the recipient of the delivery (who for this purpose will be considered as the "Customer").
The Customer undertakes to respect the storage conditions recommended by Petit Veganne, indicated on the Site and on the packaging of each product.
If the delivery method selected is delivery to a relay point, the Customer undertakes to collect the goods from the relay point previously selected or any other substitute relay point.
In the event of payment by cheque, the customer undertakes to issue a cheque from a funded account. Issuing a cheque implies acceptance of the invoice. In the event of an unpaid cheque, Petit Veganne reserves the right to take any action to recover the amount of the cheque and/or the related invoice. The late payment penalties will run from the day the cheque is rejected by the bank.
Article IV - SPECIFIC PROVISIONS
1) Price, payment and invoice
The total price including all taxes is indicated in euros in the order confirmation sent by Petit Veganne. The price includes product pricing, handling, packaging and transport costs.
In case of an order to a country other than metropolitan France, the delivery rate may vary depending on the destination of the order.
Each order, regardless of its origin, is payable in euros. The payment of purchases by the user will be made by bank transfer, by credit card via a secure payment system or by check. The Customer's bank account will be debited in euros when the order is accepted by Petit Veganne. Payment by cheque must be made payable to "SAS Petit Veganne". In the case of payment by cheque, Petit Veganne reserves the right to cancel the order in the event of non-receipt of the cheque after a period of 7 working days from the date of the order. The Internet user's bank account will be debited with the total amount of the order validated by him/her, once it is being prepared.
An invoice can be issued by Petit Veganne at the specific request of the Customer.
Petit Veganne reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time of validation of the order and subject to availability.
The products remain the property of Petit Veganne until full payment of the order.
No customs duties are payable for delivery in mainland France.
In the event of an order to a country other than metropolitan France, the Customer shall be the importer of the product(s) concerned.
Customs duties, import duties, or other taxes may be payable on the products ordered. These rights and sums are not the responsibility of Petit Veganne.
They shall be borne by the Customer and are his sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of the country concerned.
The user is advised to check with the local authorities in advance.
3) Transport - Delivery - Delivery time
The foodstuffs offered by Petit Veganne are fresh products, sensitive to temperature variations. In order to guarantee our Customers the respect of the cold chain during delivery, orders placed from Thursday onwards will be processed on Monday of the following week. Shipments are made only from Monday to Wednesday.
The products will be delivered to the delivery address indicated by the Customer within 24 to 72 hours from the dispatch of the order, unless payment has not been made for any reason whatsoever. The delivery times provided by Petit Veganne may vary for consumers residing in foreign countries.
The delivery time does not take into account the preparation time of the order.
Weather conditions, epidemics, carrier saturation, or other logistical and/or technical problems may delay the delivery time. Petit Veganne cannot be held responsible for this.
In the event of the absence of the addressee or of a person able to receive the parcel at the time of delivery, the carrier will leave a calling card at the delivery address indicated by the Customer. This notice will invite the Customer to collect the products as soon as possible.
As the transport service is provided by external companies, Petit Veganne cannot be held responsible for any delay in delivery beyond its control (weather conditions, saturation of transporters, closure of a relay point, various logistical problems, epidemics, etc.)
Furthermore, Petit Veganne cannot be held responsible for the fact that the delivery of the products is made to another geographical location or another relay point than that initially selected by the Customer on the Site. The latter must take steps to recover the goods ordered upon delivery of the package.
Under no circumstances can Petit Veganne be held responsible for any deterioration of the products in the event of late collection of the parcel from the carrier, or failure to collect the parcel by the Customer.
4) Withdrawal of order
During the validation of the order by the Customer on the Site, the latter has the possibility of selecting the option "collect my order in the shop". This option allows the Customer to collect their order from Petit Veganne's production premises, without paying the delivery charges.
Withdrawals are made at 3, rue du Colonel Blondel 57430 in Sarralbe (France), during the opening hours dedicated to Customers which appear on the Site. After confirmation of the order, a preparation period of 24 hours must be respected before it can be collected.
5) Transfer of risk
The transfer of risks on the products takes place as soon as the package is handed over by Petit Veganne to the carrier. Upon delivery to the carrier, the package is the property of the customer. Thus, the products travel at the risk of the Customer.
6) Reservations on receipt of products - No returns of food products
The customer may only make a reservation upon delivery of the products if the delivery does not quantitatively conform to the order or if the package containing the goods is badly damaged.
These reservations must be reported in writing to the carrier at the time of delivery, or at the latest 12 hours after this delivery. A copy of these reservations must be sent to Petit Veganne by post or by email at the latest 48 hours after these reservations have been reported. It is the Customer's responsibility to provide Petit Veganne with confirmation from the carrier of the reality of these reservations.
No return of products will be accepted. If the above procedure has been followed and it is proven that the reservations are due to the fact that the package and the products are severely damaged, Petit Veganne reserves the right to reimburse the Customer the price paid, or to make a new delivery of similar products.
If the delivery does not comply quantitatively with the order, Petit Veganne will propose to the Customer to return the missing products at the company's expense or to reimburse the difference in price between the products ordered and those delivered, and this only if the price of the products delivered is lower than the price of those ordered and paid for.
No reservations can be made in relation to the taste, appearance or freshness of the products.
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his or her right of withdrawal without having to justify his or her reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods". "The period mentioned in the previous paragraph shall run from the date of receipt for goods or acceptance of the offer for services. The right of withdrawal may be exercised by sending the standard withdrawal form detailed below to the Company by post to the address: SAS Petit Veganne, 3 rue du Colonel Blondel, 57430 Sarralbe (France) or by e-mail to the address firstname.lastname@example.org.
We inform Customers that in accordance with Article L. 121-20-2 of the French Consumer Code, this right of withdrawal cannot be exercised for all food products on the Site.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased will be reimbursed; the cost of returning the product(s) will be borne by the Customer. Products must be returned within 14 days of the sending of the cancellation, in their original condition and complete (packaging, instructions, etc.) so that they can be marketed again. If possible, the products must be accompanied by a copy of the purchase receipt and the order reference.
Petit Veganne will reimburse the Customer by the means of payment which it considers to be the most favourable.
Standard withdrawal form
I hereby notify you of my withdrawal from the contract for the sale of the following products:
Ordered on (*) / received on (*) :
Customer's name :
Customer's address :
Customer's signature :
(*) Delete as appropriate.
Petit Veganne guarantees that the products are manufactured in France and that they have been the subject of all the care necessary to ensure their conformity with the description that appears on the Site, on the date of the order.
The foodstuffs marketed on the Site have never been frozen before sale. Petit Veganne guarantees a Best Before Date (BBD) or Use By Date (UBD) of at least 7 days from the date of dispatch of the goods; the carrier's stamp being taken as proof.
Petit Veganne also guarantees that each foodstuff offered on the Site is of good quality and of optimal freshness until it is delivered to the carrier.
No other express or tacit guarantee is granted. In particular, Petit Veganne cannot guarantee that the products meet the specific expectations of the Customer, particularly in terms of organoleptic properties.
8) Protection of personal data
Petit Veganne reserves the right to collect nominative information and personal data about you. This information is necessary to manage your order and to improve the services and information we send you. It may also be transmitted to companies that contribute to its relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these General Terms and Conditions of Sale, you agree that we may collect and use this data for the purposes of this contract.
By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers relating to products offered by Petit Veganne and its partners. You can unsubscribe at any time. To do so, simply click on the "Unsubscribe" link at the end of our emails or contact the Petit Veganne company by email or by post.
9) Archiving & Proof
Petit Veganne will archive the order forms and invoices on a reliable and durable medium constituting a copy, in accordance with the provisions of article 1348 of the French Civil Code.
The computerised records of Petit Veganne will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
10) Limitation of liability
The Customer is solely responsible for the choice of products made on the Site as well as their conservation and use from the time of delivery. The conservation protocol is detailed on each description of the products on the Site, as well as on their packaging. Petit Veganne can in no way be held responsible for the deterioration of products following poor conservation by the Customer or other third parties.
In this respect, the Customer's attention is drawn to the fact that he/she should not consume the products if it appears that they have deteriorated (due to heat, poor storage, transport problems, late collection of the goods or any other cause).
Under no circumstances can Petit Veganne be held responsible for any damage resulting from this. Similarly, Petit Veganne cannot be held responsible for non-compliance with the legislative or regulatory provisions in force in the country of delivery. Petit Veganne is solely responsible for compliance with French regulations relating to foodstuffs and other products marketed on the Site.
In any event, whatever the possible reason for the liability of Petit Veganne, this liability is limited to the lower of the two following sums: the amount of the direct loss suffered by the Customer, or the price of the order.
Article V - INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally all the information of intellectual property rights contained on the Site, are and remain the exclusive property of Petit Veganne.
No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
C) INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS
If any of the provisions of our General Terms and Conditions of Sale are found to be unenforceable or invalid for any reason, this shall not affect the enforceability or validity of the remaining provisions of the General Terms and Conditions of Sale.
The invalidated or unenforceable provision will then be replaced by the closest possible provision.
Neither Petit Veganne nor the Customer may be held responsible for any non-performance caused by a case of force majeure beyond its control, including but not limited to: war, interruption of transport, import or export problems, strikes, shortages, fire, earthquakes, storms, floods.
The present General Terms and Conditions of Sale are exclusively subject to French law.
In the event of a dispute or difference, the parties grant exclusive jurisdiction to the Tribunal d'Instance or the Tribunal de Grande Instance located at Place du Général Sibille, 57200 Sarreguemines (France).