General terms of sale

The on-line shop of the web site "histoiredegout.com" was set up by the company "histoiredegout.com" the owner and the operator of this web site.

-he ordres made on the on-line  shop "histoiredegout.com" require consultation and prior acceptance of these terms and conditions.

-Moreover, the Customer accepts that he has been clearly informed that his agreement to the present Terms and Conditions does not depend on any written signature, in that the Customer wishes to order on line products madeavailable throught a website shop.

-The Customer may save or edit these general sales conditions, it being understood that both saving and editing are his sole responsability.

-The Customer, before his order, declares that the acquisition of these products is without direct link with his professional activity, strictly limited to his personal use. As a consumer, the Customer there fore benefits from specific rights, which may be jeopardized, should the products or services obtained have any connection with his professional activity.

 

The on-line shop set up by the company " histoiredegout.com", in relation to the present web site mentions the following information :

1*Legal notice allowing a precise identification of the company "histoiredegout.com"

2*Essential characteristics of the good offered

3*Prices and feight charges are given in euro

4*Indication of the terms of payment and execution of the order as well as expenses of delivery

5*The existence of a right of withdrawal

6*The validity of promotional offers

 

1-ENTIRETY

The present Sales Terms and Conditions document sets out the entire extent of the responsabilities of all parties. In view of that, the Customer is presumed to accept unreservedly all the provisions in these Terms and Conditions. No general or specific condition incompatible with the present Sales Terms and Conditions, appearing in any documentation sent or returned by the Customer, shall add to or modify the present Sales Terms and Conditions.

2-PURPOSE

The purpose of the present Sales Terms and Conditions is, first, to inform any potential consumer, about the conditions and procedures surrounding the sale and delivery of products ordered from "histoiredegout.com" and, secondly, to define the rights and responsibilities of all parties involved in "histoiredegout.com" poduct sales.

3-CONTRACTUAL DOCUMENTS

The present contact is formed by the following contractual documents in hierachical descending order : the present general conditions, the online order form, the envoice. In case of contradiction between the measures contained in the documents of different rank, the measures of the document of superior rank will prevail.

4-FIRST VALIDITY DURANTION

The present general conditions com into effect in the dispatch date of the online order. The present general conditions are concluded for duration necessary for the supply of the goods and the signed srvices, until the extinction of guarantees owed by "histoiredegout.com".

5-ELECTRONIC SIGNATURE

The double "click" of the buyer conformance with the order form stablishes an electronic signature which has, between the parts, the same value as a handwritten signature.

6-CONFIRMATION OF ORDER

The contractual information will be the object of a confirmation by email at the latest at the time of the dlivery to the address indicated by the buyer on the order form.

7-PROOF OF TRANSACTION

The computerized registers are preserved in the computer systems of "histoiredegout.com" in reasonable conditions of security and will be admitted as the proofs of the communications, the orders and payments between the parts. The filing of the order forms and invoices is made on a reliable and long-lasting support which can be produced as proof.

8-INFORMATION ON PRODUCTS

8a-in accordance with Article L111-1 of the Consumer Code, prior to placing a purchase order, the Customer may check the main features of any products he wishes to purchase.

8b-The offers presented by "histoiredegout.com" are valid only with in the limits of aviable stocks. "histoiredegout.com" wouldnot be rspnsible for any product which is not avaible any more, in shortage of stock, even out of stock.

9-PRICES

The prices are in EURO(€) and are valid only the date of the sending of the order form. They do not take into account expenses of delivery, charged in supplement Prices are inclusive of value added tax (V.A.T) at the current French rate applicable on the day of the purchase order. Any change to the applicable V.A.T rate will automatically com into affecton the price of products sold by "histoiredegout.com"The Payment  of full price must be realized during the order. At no time, the amount paid could be considered as deposit.

10-PAYMENT

-The Customer may pay by any of the means featured on the order form

-The buyerguarantees to "histoiredegout.com"that he has arranged necessary authorizations to use the chosen method of payment

-"histoiredegout.com" will suspend any order and delivery in case of refusal of authorization of payment by bank card or in case of non-payment of the order

-"histoiredegout.com"reserves in particular the right to suspend a delivery or to honor an order from a buyer who would not have totally ajusted a previous invoice or with whom a dispute would be in progress.

11-AVAILABILITY OF PRODUCTS

-The delivery time will depend on the stock available. The Customer will be informed by mail with the confirmation of the order.

-In case ofunavailability of the ordered product, the buyer wil be informed about it a soon as possible and he will b e able to cancel the order. The Customer will then have the choice between a refund with 30 days or the replacement of the product.

12-DELIVERY

-The order will be delivered within 48 hours from Monday to Friday at noon (except products in bulk)

-Please do not hesitate to contact Marie +33 4 94 66 36 60 or marie (arobase)histoiredegout.com

-The productts aredelivered to the adress indicated by the buyer on the order form.

-The Customer is responsible fot checking, in the presence of the employee of the transporter, the packaging and contents of the order at the time of delivery. In case of damage or missing products please read point 13.

-The Customer can receive an invoice address and not to the delivery address, by mentioning it the comments of the order form.

13-PROBLEMS OF DELIVERY CONCERNING THE TRANSPORTER

-Any abnormalioty concerning the delivery (average, products missing with regard to the delivery order, the damaged parcel, produced hoarse) must be necessarily indicated on  he delivery order in the form of "handwritten reserves" accompanied with thhe signature of the customer. The buyer will have to mean at the same time this abnormality by sending to the carrier, in two (2) working days according to delivery date, the aforementioned complaints by a recommended mail. The buyer will have to pass a copy of this mail to :

SARL HISTOIREDEGOUT.COM

SERVICE CLIENTS

ZA DE SIGNES

AVENUE DE MADRID

BP 704

83030 TOULON CEDEX 9

Before sending back a product, please inform the company "histoiredegout.com". Freight charges/transport costs will be on charge of the company "histoiredegout.com" except where the exchanged or refunded products does not match the original claim made by the customer.

 

14-ERROR OF DELIVERY, DEFECTS

14a-The Customer will have to notice to the company "histoiredegout.com", on the day of receipt (the date on the delivery counterfoil), or on the next working day at the latest, any claim, by error of delivery and/or non-compliance of products in kind, or in quality, with regard to the indications appearing on the order form. Any claim formulated beyond this delay will be rejected.

14b-All claims must be made to the company "histoiredegout.com"

-on the phone+33 0494 663 660from Monday to Friday from 9am to noon and from2pm to 6pm and on Saturday ffrom9am to noon

-by email : marie (arobase)histoiredegout.com Please note the number of your order in your email

14c-Any claim, not made in rulesdefined above and within the time limits allowed will not be taken into account and will release "histoiredegout.com" from all responsability to the consumer

14d-:After receiving the claim, "histoiredegout.com" will issue the customer with a return number for the product(s) in question, either by email, fax, or telephon. Product exchange can only take place after the exchange number has been issued to the customer, via this procedure.

14e- : Any delivery mistake or exchange product intended for exchange or refund, must be returned to "histoiredegout.com" in its original condition and packaging, and must consist of the complete product and all its accessories to the following address :

SARL HISTOIREDEGOUT.COM

SERVICE RETOUR

ZA DE SIGNES

AVENUE DE MADRID

BP 704

83030 TOULON CEDEX 9

 

15-GUARANTEE

In accordance with Article 4 of Statute n 78-646 of 24th March 1978, the provisions of the present Terms and Conditions in no way affect the customer's legal warranty, which states that the retailer must guarantee the customer against any latent product defect.

The customer is hereby notified the company "histoiredegout.com" is not the manufacturer of the products available through the website, in the terms of Law n 98-389 of 19th May 1998, relating to liability for defective goods.

Thus, in the event of damage or injury to a person or object caused by a product defect, the customer may seek redress from the legally responsible manufacturer only, on the basisof the information featured on the said product's packaging.

 

16-ORDER WITHDRAWAL POLICY

-The Customer has seven clear days starting from the delivery date, in which s/he may return the goods, at this/her own expense, for exchange or refund.

If this period expires on a Saturday, Sunday or a bank holiday, or other non working day, it will be extended to the first working day there after.

-The Customer has to inform of the company "histoiredegout.com" before returning product.

-on the phone +33 0494 66 36 60 from Monday from 9am to noon and from 2pm to 6pm and on Saturday from 9am to noon

-on the website consulting "contact"

-please contact us with the number of your order. Please type your customer number and find your order number.

-The product shall be return to

Sarl HISTOIREDEGOUT.COM

SERVICE RETOUR

ZA DE SIGNES

AVENUE DE MADRID

BP 704

83030 TOULON CEDEX 9

-Products must be returned in perfect condition, in their original state (packaging, accessories, instructions...) duly sealed. Any damaged product or ina damaged original packaging will not be refund or exchange.

-No charges will be incurred by the return of products during the cooling off period, other than the transport costs payable by the customer.

-In the even that the customer avails him/herself of the cooling off period to return his/her goods, "histoiredegout.com" will make all necessary efforts to refund the Customer with in 15 days.

-Such refunds will be credited to the Customer's bank account where initial payment was made by credit card, and all other cases by bank check.

17-CAUSES BEYOND CONTROL (ACTS OF GOD)

Neither of the two parties will have failed its obligations if their execution will be delayed, hindered by an unpredicatable event of causes beyond their control. It will be considered as an unpredictable event or absolute necessity any irresistible fact or circumstance, undue to any of the parties, unavoidable, independant of the parties will and which could not be possibly avoided by the latter, despite all reasonable attempts on their part. The party concerned with such circumstances will inform the other with in ten working days from the date it faces the problem. Both parties will then get touch, with in a month, unless the execution of the contarct will be executed. If the Act of God exceeds a three-month duration, the present Conditions will be  canceled by the weakened party. An Act of God or unpredictable event, apart from those usually validated by the jurisprudence of French court&tribunals includes: blockade of means of transport or supply, earthquakes, fires, storms, floods, thunder, shortage of communication network or difficulties of the telecommunication network external to the Buyer.

18-PARTIAL NON VALIDATION

If on or several rules of the present Conditions are seen as non valid or declared as such under application of a law, a rule or after a final decision from a competent juridiction, the other rules will keep all oof their validity and scope.

19-NON WAIVER

The failure of a party to pursue any breach of any of the provisions of the Terms and Conditions here of shall not be construed as a waiver either of such proviions or the right there after to enforce each and every such provision.

20-TITLES

In the event of a difficulty in interpretation arising between any of thetitles heading the clauses and any of the clauses, the title will be declared inexistent.

21-APPLICABLE LAW

The present Conditionsare regulated under the French Law. In case of litigation or complaint the customer must first get in  touch with "histoiredegout.com" to reach an amicable arrangement. Any problem linked to the formation, the execution and the cessation of obligations between the two parties which could not reach an agreement, will be settled under the juridiction of the Toulon Commerce Tribunal.

22-INFORMATION TECHNOLOGY AND DATA PROTECTION

Information obtained by "histoiredegout.com" during the course of Customer orders is necessary to the management of such orders by "histoiredegout.com" and its commercial partners. In accordance with French Law governing information technology and rights (n78-17 January 1978), the Customer retains the right to access, rectify, cancel and remove any personal data disclosed to "histoiredegout.com".