Terms of Sales: L'Artisan Provençal

General terms and conditions of sale

The present conditions of sale apply, without restriction or reserve, to all sales concluded by CONFISERIE AZURÉENNE, a SARL with a share capital of €79,000, whose registered office is at Boulevard Koenig, 83610 COLLOBRIÈRES, registered in the Toulon Trade and Companies Register under number 777 344 631, operating the website www.artisanprovencal.fr (hereinafter referred to as "L'Artisan Provençal") with any natural or legal person who is a non-professional Buyer wishing to make a purchase via the website www.artisanprovencal.fr (hereinafter referred to as "the Buyer") (also referred to individually as "a Party" and collectively as "the Parties").

Article 1. Subject 

The purpose of these terms and conditions of sale is to define the contractual relationship between L'Artisan Provençal and the Buyer and the conditions applicable to all purchases made on the www.artisanprovencal.fr website. Validation of the order on the website implies the Buyer's unreserved acceptance of these terms and conditions of sale, which the Buyer acknowledges having read prior to placing the order. These General Terms and Conditions of Sale can be accessed at any time on the website. Prior to any transaction, the Buyer declares, on the one hand, that the purchase of products on the www.artisanprovencal.fr website is not directly related to their professional activity and is limited to strictly personal use and, on the other hand, that they have full legal capacity, enabling them to commit to these general terms and conditions of sale. 

L'Artisan Provençal reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its website. As a result, the version applicable to the Buyer's purchase will be that in force on the website on the date of the Buyer's order. 

Article 2. Products 

The products offered are those shown on the www.artisanprovencal.fr website (hereinafter referred to as "the Products"). Product offers are subject to stock availability as specified when the order is placed. 

L'Artisan Provençal reserves the right to modify the Product selection at any time. Each Product is presented on the website in the form of a description of its main technical characteristics, allergens, nutritional values, quantity and packaging. The photographs and graphics presented on the website are not contractual and do not incur the liability of the seller. The sale of the Products presented on the www.artisanprovencal.fr website is intended for all Buyers residing in countries that fully authorise the entry of these Products into their territory.

Article 3. Ordering 

Before placing an order, the Buyer must create an account on the www.artisanprovencal.fr website. The account creation section can be accessed directly from the side menu bar. On each visit, if the Buyer wishes to order or consult their account (status of orders, profile, etc.), they identify themselves using this information.

Once the Products they wish to order have been selected in the "basket", the Buyer has the opportunity to check the details of their order, the delivery address and the total price and to correct any errors before confirming their acceptance. It is the customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately. The shipping costs are then calculated and submitted to the Buyer, along with the name of the carrier. The Buyer then chooses the method of payment. The next step allows the Buyer to check all the information, read and accept these general terms and conditions of sale by ticking the appropriate box, and then confirm the order by clicking on the "Confirm my order" button. The order is validated when the Buyer accepts these General Terms and Conditions of Sale by ticking the appropriate box and confirms their order.

Finally, the Buyer is redirected to the secure SOGECOMMERCE interface to enter their personal credit card details in complete security. The sale is not final until L'Artisan Provençal has sent the Buyer confirmation of acceptance of the order by e-mail. If the Purchaser has an e-mail address and has entered it on the order form, L'Artisan Provençal will send an e-mail confirming that the order has been registered.

Once confirmed and accepted by L'Artisan Provençal, under the conditions described above, the order cannot be modified, nor can it be cancelled, except in the event of the exercise of the right of withdrawal, the seller's specific written agreement or force majeure.

However, L'Artisan Provençal reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order. L'Artisan Provençal does not sell its Products to professionals, but only to consumers or non-professionals for their personal needs. It therefore reserves the right to refuse orders for large quantities of the same Product.

Article 4. Prices 

The Products are supplied at the current prices shown on the product information sheets in the online catalogue. Prices are expressed in Euros (€) including all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the Products. L'Artisan Provençal reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only price applicable to the Buyer. 

The prices indicated do not include delivery costs, which are invoiced in addition to the price of the purchased Products, depending on the total amount of the order and calculated before the order is placed. In mainland France.

For all orders over or equal to €60 (sixty euros), delivery is free; 

For all orders under €60 including VAT (sixty euros), the Buyer will be charged a flat-rate contribution to shipping costs of €5 including VAT (five euros).

In the event of a large order to a country other than mainland France, the Buyer is the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of L'Artisan Provençal; they will be the responsibility of the Buyer and are the sole responsibility of the Buyer in terms of declarations and payments to the competent authorities and organisations in the country. It is the Buyer's responsibility to obtain information on these aspects from the local authorities. 

All orders, whatever their origin, are payable in euros. L'Artisan Provençal reserves the right to modify its prices at any time, however the Products will be invoiced on the basis of the prices in force at the time the orders are validated, subject to availability.

In the case of large orders (> €300.00) for products shipped outside Europe, the Buyer must contact us by e-mail at boutique@artisanprovencal.fr. The price will be calculated exclusive of tax, subject to the Buyer being able to prove that the goods have left European territory.

Article 5. Terms of payment 

The Products made available by L'Artisan Provençal are delivered to the Buyer in exchange for a price payable in cash, in full on the day the order is placed, by means of secure payment by bank card (CB, Visa, MasterCard, American Express, other bank cards) via the secure SOGECOMMERCE system.

Payment by debit/credit card is irrevocable. In the event of fraudulent use of the card, the Buyer may demand that the card payment be cancelled, and the sums paid will then be credited back or refunded. The bankcard holder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement for the fraudulent debit and any bank charges that may have been incurred, the cardholder must dispute the debit in writing with their bank within 70 days of the transaction, or 120 days if provided for in their contract with the bank. The amounts debited are reimbursed by the bank within a maximum of one month of receipt of the cardholder's written objection. The cardholder will not be liable for any costs incurred in returning the sums.

Payments made by the Buyer will only be considered final once L'Artisan Provençal has effectively collected the sums due.

Article 6. Reservation of ownership 

L'Artisan Provençal retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included. The transfer of ownership of the Products to the Buyer will only take place once the price has been paid in full by the Buyer, regardless of the date of delivery of the Products.

Article 7. Withdrawal 

Pursuant to Article L121-20 of the French Consumer Code, the Buyer has a period of 14 (fourteen) working days from the date of delivery of the Products to exercise their right of withdrawal and return the Product to the Vendor for exchange or reimbursement without penalty, with the exception of the cost of returning the Product, which shall be borne by the Buyer, provided that the Products are returned in their original packaging and in perfect condition within a maximum of 14 days following notification to the Vendor of the decision to withdraw. Damaged, soiled or incomplete Products will not be taken back.

Article 8. Delivery 

Deliveries are made to the address indicated by the Buyer when placing the order. Deliveries are made by the independent carrier La Poste via COLISSIMO, a delivery service with tracking and signature on delivery. Delivery times are given as an indication only; if they exceed thirty days from the date of the order, payment may be suspended (articles 1219 and 1220 of the French Civil Code) or the sales contract may be terminated and the Buyer reimbursed. L'Artisan Provençal may provide the Purchaser with the tracking number of their package by e-mail. The Buyer will receive delivery in their home by their postman. If the Buyer is absent, they will receive a delivery notice from the postman, which will allow them to collect the products ordered from the nearest post office, within a period indicated by the postal services. The risks associated with transport are borne by the Buyer from the time the items leave the premises of L'Artisan Provençal. The Buyer is obliged to check, in the presence of the employee of La Poste or the delivery person, the condition of the packaging of the goods and its contents on delivery. In the event of damage in transit, any complaint must be made to the carrier within three days of delivery. The Buyer acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against L'Artisan Provençal in the event of faulty delivery of the Products transported.

Article 9. Warranty 

All products supplied by L'Artisan Provençal benefit from the legal guarantee provided by articles 1641 et seq. of the French Civil Code and in accordance with the articles of the French Consumer Code. In the event of non-conformity of a product sold, it may be returned to L'Artisan Provençal who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: L'Artisan Provençal 83610 COLLOBRIÈRES, within a maximum of thirty days after delivery.

Exclusion of warranties

The Vendor cannot be held liable in the following cases: 

Non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check before placing their order,

In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

Box inserted in application of the provisions of article D 211-2 of the Consumer Code concerning the legal guarantees of conformity and hidden defects:

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date on which it appeared. The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to the repair or replacement of the goods within thirty days of their request, free of charge and without any major inconvenience to them. If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension to the initial guarantee. If the consumer asks for the goods to be repaired, but the seller requires it to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :1° the trader refuses to repair or replace the goods;2° the goods are repaired or replaced after a period of thirty days;3° the repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-compliant goods, or if they bear the cost of installing the repaired or replacement goods;4° the non-conformity of the goods persists despite the seller's unsuccessful attempt to make them compliant. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In this case, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand. Consumers do not have the right to rescind the sale if the lack of conformity is minor. Any period during which the goods are immobilised with a view to their repair or replacement suspends the guarantee that was in force until the delivery of the repaired goods. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code). Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the item is kept or to a full refund in exchange for the return of the item

Article 10. Liability 

In the remote selling process, L'Artisan Provençal is only bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.

Article 11. Intellectual property 

All elements of the www.artisanprovencal.fr website are and remain the exclusive property of L'Artisan Provençal. Any total or partial reproduction, exploitation or use of this content is strictly prohibited and may constitute an infringement of copyright, particularly photos, logos, visuals or texts.

Article 12. Personal data

Pursuant to Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, the Buyer is reminded that the personal data requested from them is necessary for the processing of their order and, in particular, for the preparation of invoices. This data may be communicated to any of the seller's partners responsible for executing, processing, managing and paying for orders.

L'Artisan Provençal undertakes to maintain the confidentiality of information provided by the Buyer, which they may be required to transmit in order to use certain services. Internet users have the right to access, modify and delete information concerning them. They may make a request at any time by sending an email to the following address: boutique@artisanprovencal.fr.

The Buyer is informed that they may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (French Consumer Code. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. 

Article 13 - Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.

The original version was written in French. If they are translated into one or more languages, only the French text will be deemed admissible in the event of a dispute.

Article 14 - Disputes

All disputes arising from the purchase and sale transactions concluded pursuant to these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between L'Artisan Provençal and the Buyer, shall be submitted to the Commercial Courts of Marseille or Toulon.

Article 15. Customer service 

For any information, contact or question to L'Artisan Provençal, the Buyer may write by post to the following address L'artisan Provençal 83610 COLLOBRIÈRES or contact customer service from Monday to Friday from 9am to 6pm on +33 (0)4 42 36 99 88 or by email at boutique@artisanprovencal.fr.

APPENDIX 1 - WITHDRAWAL FORM

This form must be completed and returned only if the Buyer wishes to withdraw from the order placed on the www.artisanprovencal.fr website, unless the applicable General Terms and Conditions of Sale exclude or limit the exercise of the right of withdrawal.

For the attention of [full identification of L'Artisan Provençal]

I hereby give notice of withdrawal from the contract for the order of the following products:

- Ordered on ....... / Received on .........

- Order number: ...........................................................

- Buyer's name: ...........................................................................

- Buyer's address: .......................................................................

Buyer’ signature (only in the case of notification of this form on paper):

Date: .................................