Foreword
General conditions of sale in force for the year 2023.
It is previously specified that these conditions govern sales made between on the one hand the company GOURMIE'S, ZA du Terlon 18, rue de l'Europe 31850 Montrabé – Siret 52770012400029 and on the other hand any person wishing to make a purchase through the online store “GOURMIZ.BIO”, hereinafter referred to as “the customer”.
Any order made through the GOURMIZ.BIO online store requires consultation and prior acceptance of these general conditions of sale. Clicking to validate the order implies full acceptance of these terms. This click has the value of a “digital signature”.
Object
The purpose of these General Conditions of Sale is to define the rights and obligations of the parties involved: the Company GOURMIE'S and the customers purchasing its products.
Product information
All products offered for sale are presented on the website www.gourmiz.bio. The products offered comply with the legislation and standards applicable in France.
The price of the products is expressed in Euros including tax. Delivery costs are not included.
If the customer is domiciled outside French territory, he becomes the de facto importer of the products concerned. He must therefore check with the local authorities the possibilities of importing the products whose purchase is envisaged.
Customs duties, local taxes, import duties or any other tax that may be required are the entire responsibility of the customer. GOURMIE'S cannot be held responsible if the legislation of the customer's country is not respected.
Creation of the customer account
When placing a first order on the GOURMIZ.BIO website, the customer must create their account, specifying their full contact details. The customer undertakes to provide accurate information.
In order to avoid new entries during subsequent orders, the customer freely chooses his personal and confidential access codes with an identifier and a password.
The banking information communicated by the customer when placing the order (card number, validity) is not stored on the GOURMIZ.BIO servers and the customer must communicate it with each new order.
The customer may request the closure of his account by sending an electronic message to GOURMIE'S which undertakes to delete the data within a minimum period of ten (10) days from receipt of the request. The archives and order history will then be permanently lost.
Online ordering and order confirmation
Contractual information will be confirmed by email to the address indicated by the customer on their order form.
The customer must check the completeness and conformity of the information he provides to GOURMIE'S, which cannot be held responsible for possible entry errors and the consequences in terms of error or delay in delivery. In this case, the additional costs would be borne by the customer. The customer must also check the details of the purchases (designation, quantity, price, etc.) and the total before validating the order.
Validating the purchase establishes an irrevocable sales contract and the commitments linked to it between GOURMIE'S and the customer. By validating his purchase, the customer acknowledges having read these general conditions and accepts them. Its validation constitutes an electronic signature having the value of a handwritten signature between the parties.
Purchase orders are subject to the issuance of a confirmation which constitutes proof of the transaction.
GOURMIE'S recommends that the customer keep a record of the data relating to their order on paper or on a reliable computer medium.
Payment
Payment for purchases is made online. The amount of the order is payable in cash, in full, at the time of validation of the order. The sale will only be definitively concluded upon confirmation of payment by the bank.
The customer guarantees GOURMIE'S that the means of payment used is valid and is not the result of a fraudulent transaction.
In the event of non-payment by the customer of all or part of the order price, the seller reserves the right of ownership over the products sold until full payment. He will thus be able to regain possession of said products in the event of non-payment.
Delivery
The products are delivered to the address indicated by the customer on the order form and only to the geographical areas that we serve.
Orders are processed every business day. All products leave our premises in perfect condition. The customer must report to the carrier (or the Post Office employee) the slightest trace of impact (deterioration, traces of crushing or humidity, tearing, etc.) on the package and refuse it if necessary.
The exchange of any product cannot be covered by GOURMIE'S in the absence of reservations duly made to the carrier or the Post Office upon receipt of the package.
All of our shipments are made by post via Colissimo, or via the service provider Mondial Relay. Both of these shipping methods include a tracking system.
GOURMIE'S cannot be held responsible for the extension of delivery times due to the carrier, particularly in the event of loss of products, bad weather or strikes.
Delivery problems caused by the carrier
Any anomaly concerning delivery: damage, missing product, damaged package, etc. must be the subject of reservations with the carrier's representative.
In the event that the package is left without physical contact, a complaint must be sent within two working days following delivery by registered mail with acknowledgment of receipt explaining the condition of the products received, documenting it if possible at the using a digital photo. A copy of this complaint will be sent to GOURMIE'S. No exchange will be made if this procedure is not followed.
Return / Terms
The customer must notify GOURMIE'S on the same day of delivery or at the latest on the working day following delivery of any complaint, delivery error or non-conformity of the products in nature or quality in relation to the indications appearing on the order confirmation. .
Any product that is returned without this agreement will be kept at the customer's disposal and will not give rise to a refund. The costs and risks of return are always the responsibility of the purchaser.
Any complaint not made according to the method defined above cannot be taken into account and will release GOURMIE'S from any liability towards the customer.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to GOURMIE'S in its original packaging in impeccable condition to GOURMIE'S ZA du Terlon, 18, rue de l'Europe 31850 MONTRABE.
Any return of products must be the subject of a formal agreement between GOURMIE'S and the customer.
Right to retract
The “natural person” customer has, in accordance with the provisions of article L 121-20 of the Consumer Code, a withdrawal period of fourteen (14) clear days from delivery of the products to return them. to GOURMIIE'S for exchange or refund, without having to provide reasons or pay penalties. When the fourteen (14) day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the first following working day.
For food products, the law provides that they must not have been unsealed or opened, so that the customer can benefit from the right of withdrawal.
Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale will be taken back. Any product which has been damaged, or whose original packaging has been damaged, will not be refunded, returned or exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping and return costs. In the event of exercising the right of withdrawal, the customer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, reshipping will be done at the customer's expense.
In the event of exercising the right of withdrawal, GOURMIZE'S will make every effort to reimburse the customer within a maximum period of thirty days, by check or by the means used by the customer during payment.
Right to use the trademark
The use of the GOURMIZ' brand or logos present on the site www.gourmiz.bio is strictly prohibited.
Guarantee
The products offered on the site www.gourmiz.bio are deemed to comply with current legislation and benefit from the guarantee of the company GOURMIE'S.
The optimal use deadlines indicated must be respected by the consumer. The customer is solely responsible for the choice of products, their conservation following delivery and their use. The customer's attention is drawn to the fact that he must not consume the products beyond the times indicated, nor if it appears that the products are damaged (due to heat, problems during transport or any other cause).
In any case, and whatever the possible reason for invoking the seller's liability, this is limited to the price of the order.
Acts of God
Neither party will have failed in its contractual obligations to the extent that their execution is delayed, hindered or prevented by a fortuitous event of force majeure. Any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as a case of force majeure.
The party affected by such circumstances will notify the other within ten (10) business days following the date on which it becomes aware of them.
The two parties will then come together within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.
Expressly, the following are considered as cases of acts of God or fortuitous events, in addition to those which are usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other clauses will retain all their force. and their scope.
Protection of personal data
All data that the customer entrusts to GOURMIE'S is done in order to be able to process orders. Under Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the customer has with GOURMIE'S a right of rectification, consultation, modification and deletion of the data that he will have communicated. This right can also be exercised online.
Responsibilities - Applicable law - Disputes
GOURMIE'S is only bound by an obligation of means regarding the conditions of access to the site, consultation, filling out forms, placing orders.
Consequently, GOURMIE'S cannot be held liable for any disputes, inconveniences or damages inherent to the use of the Internet network. In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus cannot engage the liability of GOURMIE'S.
The fact for a natural or legal person to order on the site www.gourmiz.bio implies full adherence and acceptance of these General Conditions of Sale. Therefore, the customer expressly accepts them.
GOURMIE'S reserves the right to modify these General Conditions of Sale at any time and without notice. They will be notified by simple publication on the site www.gourmiz.bio
The applicable conditions are those in force at the time the order is placed.
These general conditions are subject to French law. This is the case for substantive rules as well as for formal rules.
In the event of a dispute or complaint, the customer will contact GOURMIE'S as a priority to obtain an amicable solution. In the event of a dispute that cannot result in an amicable settlement, only the commercial court of Toulouse, within whose jurisdiction GOURMIE'S headquarters is located, will have jurisdiction.
The site is subject to the application of the HAMON law.
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