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
4-FIRST VALIDITY DURANTION
6-CONFIRMATION OF ORDER
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.
11-AVAILABILITY OF PRODUCTS
13-PROBLEMS OF DELIVERY CONCERNING THE TRANSPORTER
14-ERROR OF DELIVERY, DEFECTS
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
ZA DE SIGNES
AVENUE DE MADRID
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.
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.
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.
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".