GENERAL TERMS AND CONDITIONS FOR SALE OF PRODUCTS

ARTICLE 1 – Definitions

The Seller:
This term refers to the company “DOUCEURS-VINTAGE”, LLC with a capital of 3000 Euros, whose intracommunity VAT number is FR 23799327663. The company is registered at the Trade and Company Register under the number 79932766300016. The headquarters are located at 27 Rue des Pendants, 94370 Sucy-en-Brie (France), represented by Sylvie Roussel in her capacity as manager. Tel: 07.82.19.10.06; Fax: 09 72 46 21 23.

The Consumer/Buyer:
This term refers to the consumer, the person placing an order on the website www.douceurs-vintage.fr

Products:
This term refers to all food products marketed by the company DOUCEURS-VINTAGE and offered for sale on the website www.douceurs-vintage.fr, namely (non-exhaustive list): spanish nougat, chocolates, almond paste, Niort angelica, pralines, caramels, nougat, Bêtise de Cambrai, calissons, crystallized/candied flowers, poppies, violets, fruit paste, candied fruit, French cookies, etc.

Website:
This term refers to the website of the company DOUCEURS-VINTAGE: www.douceurs-vintage.fr, on which the products are presented and sold to the consumer.
It is hosted by the company OVH SAS Roubaix - Tourcoing 424 761 419 00045, headquartered at 2 Rue Kellermann, 59100 Roubaix (France). The website is accessible through the following address: www.douceurs-vintage.fr.

Service:
This term refers to the sale of products by the SMLLC DOUCEURS-VINTAGE to consumers, ordered by the said consumers on the website www.douceurs-vintage.fr.
This term refers to the sale contract binding DOUCEURS-VINTAGE and the consumer/buyer.

Delivery Areas:
This term refers to areas where DOUCEURS-VINTAGE delivers.

Party/ies:
This term refers jointly or separately to the Buyer and/or the Seller.


ARTICLE 2 - Object

These General Terms and Conditions for Sale of Products apply, without restriction or reservation to all sales made by DOUCEURS-VINTAGE, to professional and non-professional Buyers wishing to purchase the products offered for sale by the Seller on its website www.douceurs-vintage.fr (namely the products listed above).

These conditions apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels. These General Terms and Conditions for Sale of Products are accessible at anytime on the website and will prevail, if appropriate, on any other version or any other contradictory document.

Unless proved otherwise, the data recorded by DOUCEURS-VINTAGE constitute proof of all transactions.

Changes in these General Terms and Conditions for Sale of Products are effective for buyers once they are posted online. The changes will not apply to transactions that were already concluded.

The validation of the order by the Buyer is considered as an acceptance, without reservation, of these General Terms and Conditions for Sale of Products.


ARTICLE 3 – Terms of access to the services offered by DOUCEURS-VINTAGE

The services offered by DOUCEURS-VINTAGE via the website are for registered members only, through their connection at the time of the sale, on the website www.douceurs-vintage.fr.

Orders can only be placed on the website. Before any order, the Buyer shall declare that the purchase of products on the website has no direct or indirect connection with his professional activity and is limited to a strictly personal use.


ARTICLE 4 – Registration

In order to access the services, the Buyer needs to register, by completing the form available on the website www.douceurs-vintage.fr. When registering, the Buyer agrees to:
• Providing accurate and complete information.
• Updating, if necessary, the information provided to the company DOUCEURS-VINTAGE in the shortest possible time. The Buyer may change his information using the "My Account" section.

Upon validation of registration on the website, the Buyer will choose a username and password that will allow access to the services. The Buyer will need to keep the ID and password confidential in order to prevent unauthorized use by third parties. The Buyer is informed that, in case of disclosure of the password to a third party, he or she will be responsible for all violations of the Terms and Conditions committed by the latter.

Any use of the service made through the password of a Buyer is believed to be made by the latter.
The company DOUCEURS-VINTAGE cannot be held responsible for any loss or damage resulting from a breach of the confidentiality obligations.


ARTICLE 5 – Product availability

Pursuant to Article L. 111-1 of the Consumer Code, the Buyer may, prior to their order, take note, directly on the website, of the main characteristics of the product they wish to order. Moreover, if the Buyer is seeking qualified advice on the products offered for sale, a Customer Service is available by e-mail: contact@douceurs-vintage.fr / in the “Contact Us” section.

The products presented on this website are offered for sale for (metropolitan) France, French overseas territories and countries of the European Union.

The products are offered within the limits of available stock. The information on products availability are provided at the time of placing the order. In the event of unavailability of product after placing the order, the Buyer will be informed as soon as possible. The Buyer will then be offered a substitute or equivalent product from the website, at the same price, to replace the product that is unavailable.

The products offered as part of the services are valid only within 7 days and within the limits of available stock.


ARTICLE 6 – Orders

It is up to the customer to select, on the website, the products they wish to order, as follows: to buy the products, the Buyer must log into their account on the website when the products are available for sale and provide the requested information (e.g. e-mail address, password, name, delivery address…).

An online order results in:
- First: the sending of a confirmation of purchase and order summary, via e-mail, from the Seller to the Buyer;
- Secondly: the delivery of the product(s), by the Seller, to the address provided by the Buyer when placing their order.

When the Buyer validates their payment on the website, the order is considered validated as well and the Conditions and Guarantees are considered accepted. The data recorded by the Seller and the secure payment provider constitute proof of the nature, content and date of the order. The terms and conditions are available in their entirety to the Buyer before ordering.

The double click made by the Buyer when validating the order constitutes an electronic signature that has the same value as a handwritten signature. That double click and the acceptance of the conditions and guarantees (checkbox) constitute an irrevocable and unconditional acceptance of the order by the Buyer.

The order validated by the Purchaser will be confirmed by the Seller. The sending of the confirmation is made by email, to the email address provided by the Buyer when ordering. The sale will be considered finished after the sending of the order confirmation by the Seller and after the Seller has received the total amount of money.

The Seller recommends that the Buyer keeps the information on the order confirmation (sent by the Seller) on paper or on computer. Notwithstanding the foregoing, the Seller has the right to cancel any order from a Buyer with whom there is litigation prior to payment, or for any other legitimate reason, including the unusual nature of an order.

The photographs uploaded on the website are not contractual.

The resale of products by the Buyer is prohibited. All orders must be for personal use or for the personal use of the person on whose behalf the delivery is made.

In case of cancellation of the order by the Buyer after acceptance by the Seller, for any reason whatsoever (except force majeure), an amount equal to 20% of the total bill will be kept by the Seller, as damages.


ARTICLE 7 – Prices

The prices for the products offered are all listed on the website. Prices are in Euros and include VAT. These prices are not subject to revision during their period of validity, as indicated on the company's website. They do not include processing, shipping, transportation and delivery fees, which are charged extra during the final confirmation of the order by the Buyer.

An invoice is issued by the Seller and given to the Buyer upon delivery of the ordered products.


ARTICLE 8 – Payment conditions and security

8.1. Payment conditions

The price must be paid in full by the Buyer (through secure payment) on the day of placing the order. The payment of the order is made online on the website www.douceurs-vintage.fr via payment card (Credit card, Visa, MasterCard or American Express), via PayPal (secure payment - SSL certificate) or by check.

When purchasing one or several products on the website, the Buyer must indicate directly in the boxes provided for this purpose: the card number, its expiry date and its check code (on the back of the card). Credit card payments are debited on the day of the order.

Payments made by the Buyer will only be considered final after actual collection of the full amount owed to the Seller. The Seller will not be required to make the delivery of products ordered by the Buyer in case of an absence of payment or in case of a refusal to authorize credit card payment by certified and regular organizations of the internet.

The Seller cannot be held responsible for any misuse or fraudulent use of any means of payment which would not have been detected by the verification procedure.

The Buyer guarantees the Seller that they have the permission to use the payment method they chose for their order. Any fraudulent use of a card is not the responsibility of the Seller and will not result in any refund by the Seller.

In addition, the Seller reserves the right, in case of non compliance with payment conditions set above, to suspend or cancel delivery of current orders made by the Buyer. No additional fees can be charged to the Buyer in that case.

8.2. Security

All purchases made by the Buyer are secure. When a Buyer places his or her order online, it is on the server host. When the Buyer pays for his or her order, it switches to DOUCEURS-VINTAGE’s partner secure server: La Caisse d’Epargne. DOUCEURS-VINTAGE has no access to the Buyer's payment details.


ARTICLE 9 – Deliveries

The products ordered by the Buyer will be delivered in metropolitan France, French overseas territories and in the countries of the European Union within a maximum of 30 days, to the address indicated by the Buyer when ordering from the website. An order whose place of delivery is not located in the delivery area indicated above cannot be delivered to the Buyer, and a sale agreement between the Buyer and Seller shall not be formed.

Except for special cases or unavailability of one or several products, the products ordered will be delivered all at once. Deliveries are made by an independent carrier.

The Seller cannot be held responsible for any incorrect or missing entry in the delivery address or identity of the Buyer.

The Seller undertakes to do their best to deliver the products ordered by the Buyer within the time specified above. However, these deadlines are provided as an indication only and any overrun cannot and will not result in any damages, withholding or cancellation of the order by the Buyer.
However, if the goods ordered have not been delivered within 30 days after the stated delivery date for any reason other than force majeure, the sale may be canceled at the written request of the Buyer or the Seller. The amount paid by the Buyer will be refunded without delay, to the exclusion of any compensation or retention.

The delivery is considered made upon delivery of the goods to the carrier, which accepted them without reservation. The Buyer therefore recognizes that it is the carrier that it is to make delivery and has no warranty claims against the shipper, be it the Seller in case of delivery default of the goods transported.
In case of a special request from the Buyer relating to the packaging or transportation of the ordered products, the cost of this special request will require additional and specific billing. A written quotation will be sent to the Buyer prior to the payment.
The Buyer is required to check the delivered products and has a period of seven days after the delivery to make a complaint in writing (either by mail or email). The Buyer must mention that he or she is making a claim for non-compliance or defect of the goods delivered, and add any supporting.

When returning non-compliant products, Buyer shall follow these procedures:
- Return the non-compliant product(s) via registered mail (with a French “Acknowledgement of Receipt” or an equivalent) to DOUCEURS-VINTAGE, 27 Rue des Pendants 94370 SUCY-EN-BRIE.
- Add the invoice of the returned product. If the product is a gift with no invoice, add the delivery form that came with the product instead.
- Add the return form duly completed and indicate non-compliance elements.

After a period of 7 days, if failing to comply with these formalities, the products will be deemed compliant and free from defect and no claim will be accepted by the Seller. If non-compliance is indeed established and duly proved by the Buyer, the Seller can either:
- Replace the defective product, as soon as possible and at his or her expense, by a compliant one.
- Decide to reimburse the customer (price and return costs of the non-compliant product(s)).

To be accepted for return, the product(s) must imperatively be returned in their packaging, with the accessories and instruction notice.


ARTICLE 10 - Transfer of ownership - Transfer of risks

The transfer of ownership of the products, from the Seller to the Buyer, will occur only after full payment by the latter, no matter when the products are delivered. This will result in an immediate and correlative transfer of the risk of loss and deterioration.

The payment being made while placing the order, the products therefore travel at the risk of the Buyer. The Buyer may, in case of damage, complain to the carrier, within the legal and regulatory conditions.


ARTICLE 11 – Right to retract

The Buyer has, in accordance with article L 121-20 of the Consumer Code, a withdrawal period of 7 working days, after the delivery was made, to return them to the Seller for exchange or to receive a refund, without penalty except for return shipping costs.

Nevertheless, pursuant to Article L. 121-20-2 of the Consumer Code, the Buyer has no right to retract for products which, by their nature, are likely to deteriorate or expire rapidly. This applies to fresh products offered for sale by DOUCEURS-VINTAGE.

ARTICLE 12 - Seller Liability – Guarantee

The Seller shall not be held responsible for any damages that may arise from the purchase of the products. The products supplied by the Seller include, in accordance with legal provisions:
- A legal guarantee of conformity,
- A legal guarantee against hidden defects from faulty material, design or manufacture affecting the products delivered and making them unsuitable for use.

Guarantee is excluded in case of misuse, neglect or lack of maintenance of the product(s) on the part of the Buyer. The guarantee of the Seller is limited to replacement or reimbursement of non-conforming products. To assert his or her rights, the Buyer must notify the Seller in writing of the existence of defects, within a maximum of 48 hours after their discovery.

The products sold on the website comply with the regulations in France. The Seller cannot be held responsible for non-compliance with the legislation of another. It is up to the Buyer to verify the legislation of the country where he or she wants the products to be delivered.

The illustrations and photographs of the products on the website have no contractual value and therefore cannot engage the Seller's liability.

Only the Buyer is responsible for his or her choice of products and their conservation or use.

The Seller shall not be held responsible for any delay or failure, in the occurrence of a case usually recognized by French legislature as force majeure.
In the online sales process, the Seller is only bound by an obligation of means. His or her liability cannot be engaged when damages resulting from the use of the Internet occur (such as data loss, intrusion, viruses, service outage or other unintended problems).


ARTICLE 13 - Data processing and liberties

Pursuant to the 78-17 law of January 6, 1978, the information that is requested from the Buyer constitutes the data needed to process the order (including invoice preparation). The data processing through the Seller's website has been declared to the CNIL as "being created" (http://www.cnil.fr/vos-obligations/declarer-a-la-cnil/). The Buyer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition regarding his or her information.


ARTICLE 14 – Intellectual Property

The website’s content is the property of the Seller and his or her partners. The content is also protected by French and international laws on intellectual property. Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.

In addition, the provider (the Seller) retains ownership of all intellectual property rights to studies, drawings, models and prototypes, even when those were made at the Buyer's request.
The customer is therefore prohibited any reproduction or use of the studies, drawings, models and prototypes, without explicit permission from the provider, written prior to any reproduction or use. The provider can make his or her permission conditional and ask for a financial compensation.


ARTICLE 15 - Applicable law - Language

By express agreement between the parties, this agreement is governed by and subject to French law. It was originally written in French. If translated, only the French text would prevail in case of dispute.


ARTICLE 16 - Conciliation - Disputes

16.1 Conciliation

In the event of a dispute between the Seller and the Buyer, the first party shall, before referring to a court, write the other party a latter of formal notice with the complaints.

Failing to achieve conciliation within 15 days from the date of the notice or in case of failure of the latter, the most diligent party shall, before referring to competent jurisdiction, notice the other party (in writing) of the end of the conciliation period.

16.2 Litigation

The course and consequences of the disputes that this contract could possibly generate (resulting from the validity, interpretation, execution, or termination of the contract) will be submitted to the competent courts in the conditions of common law.

In case of dispute with professionals and/or traders, the courts of SUCY-EN-BRIE are declared competent.


ARTICLE 17 - Pre-contractual information - Acceptance of the Customer

The customer acknowledges having received notice, prior to the conclusion of the contract and in a clear and comprehensible manner, of these Terms and Conditions and Terms of Use, as well as all the information referred to in Article L 121- 19 of the Consumer Code, in particular:
- The main characteristics of the services, in a manner appropriate to the means of communication.
- The identity of the provider/the Seller (name, geographical address of the institution and phone number).
- The total price of services including all taxes; if the price cannot reasonably be calculated in advance, the calculation of the price and, if possible, any additional costs if these costs cannot be calculated in advance, the mention of such costs can be requested).
- The terms of payment, the execution and the date that the provider undertakes to perform the service and the arrangements for handling complaints.
- The recall of the legal guarantee of compliance services, the existence of an after-sales service and commercial guarantees.
- The duration of the contract, or if it is a permanent or automatically renewed contract, the conditions for terminating the contract.

When someone places an order on the Seller’s website, it automatically implies adherence to and full acceptance of these Conditions of Sale, as expressly recognized by the Buyer. The Buyer renounces the right to use any contradictory document, which would be unenforceable to the Seller.