NADATY GENERAL SALES NADATY
These general conditions of sale (hereinafter the " CGV ") Are applicable to any sale of products - in particular dried fruits, dates, edible oils, honey and other edible substances (hereinafter the" Product (s) ") - carried out by the company NADATY SARL, registered in the Trade and Companies Register of Mende under number 814 312 815, whose head office is located at Domaine de Castelviel, 48110 Sainte-Croix Vallée française -France (hereinafter the" Seller ") From the non-professional or consumer buyer (hereinafter the" Customer "). The T & Cs are reserved for the only non-professionals or consumers, within the meaning of French law and case law. The Seller and the Customer will hereinafter be referred to individually as the " Part "Or collectively the" Parts ".
Any order of Products by the Customer entails full and unreserved acceptance by the Customer of the GTCS. These T & Cs take effect on 02/27/2019 and, where applicable, terminate and replace those previously established.The Customer is expressly informed that the GTC can be modified at any time and that the applicable version is the version in force on the date of the Customer's order. The GTC are thus applicable for the period necessary for the supply of the Products, until the expiry of the guarantees and obligations owed by the Seller.
Article 1: Terms of orders
The Customer has the possibility of ordering a Product on the Seller's website at the following address: The Customer has the possibility of acquainting themselves with the price and the description of each Product before selecting it in his basket..
To order a Product, the Customer must click on the “Add to cart” or “Buy” button next to the desired Product. In the event of prolonged inactivity during the connection, it is possible that the selection of the Products chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Products from the beginning.
To finalize his order, the Customer must validate his basket. To this end, he must complete his contact information, in particular his delivery address or the chosen delivery point. This operation will inform the Customer of the applicable costs and delivery time. The Customer can then select the chosen delivery method. After having checked his basket as well as the contents of his order and, if necessary, after having modified it, the Customer can read and accept the GTC and, if he wishes, finalize his order, by completing the information relating to their means of payment, then by clicking on the button "Confirm my order" (hereinafter the " Ordered By clicking on the button "Confirm my order", the Customer acknowledges having read and accepted all of these GTC.
The Seller will confirm the Order to the Customer (hereinafter the " Order confirmation ") by e-mail.
The Order will be final from the payment of the corresponding price and the receipt of the corresponding sum in the Seller's bank account.
The information communicated by the Customer during the Order, in particular that relating to the delivery address of the Products, binds the Customer. Failure to take possession of the Products by the Customer or the non-fulfillment of an Order by the Customer will constitute a contractual fault and will give rise to the payment of the costs incurred by the Seller (storage costs and indirect administrative and commercial costs) , unless otherwise agreed by the Seller.
Availability of the ordered Product:
In the event of temporary or permanent unavailability of the Product ordered, the Customer will be notified as soon as possible by e-mail. The Customer may then either maintain his Order, which will in this case be honored within the time limits proposed by the Seller, or terminate the Order, in which case the Customer will be fully reimbursed by any means of payment within fourteen (14) days. from the choice expressed by the Customer to the Seller.
Article 2: Price
Product prices are specified on the Seller's website. The prices of the Products will be those in force on the date of the Customer's Order. The period of validity of the prices is determined by the updating of the Seller's website.
The prices are in euros all taxes included (TTC), packaging included.
The delivery costs are indicated to the Customer before the final validation of the Order by the Customer. Thus, the delivery costs to the place of delivery of the Products provided for in the Order are not included in the prices of the Products and are invoiced in supplement, unless otherwise agreed by the Seller.
For deliveries outside French territory, the provisions of the French General Tax Code relating to VAT will apply. The telecommunications costs inherent in accessing the Seller's website remain the sole responsibility of the Customer.
Article 3: payment
All Orders, whatever their origin and destination, are payable in euros.
Payment of the Product price and delivery costs by the Customer is made by means of a bank card or by bank transfer or Paypal or by check. The accepted bank cards are those of the Carte Bleue, Visa, Eurocard networks. / MasterCard, American Express. The Seller implements the means to ensure the confidentiality and security of the data transmitted on its website. Payment is cashed immediately. The transaction is immediately debited from the Client's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Client. In the event of payment by check, the Order will be processed upon receipt of the check in the Seller's bank account. In accordance with Article L. 133-8 of the Monetary and Financial Code, the commitment to pay given by means of a means of payment is irrevocable. By communicating the information relating to his means of payment, the Customer authorizes the Seller to debit the Customer's bank account for the amount corresponding to the price of the Product and the delivery costs.
The Customer is informed and accepts that the Products will be shipped by the Seller for delivery to the Customer only upon receipt of all the sums due by the Customer under the Order.
The Seller reserves the right to cancel any Order from a Customer with whom there is a dispute relating to the payment of a previous Order.
The Products remain in any event the property of the Seller until full payment of the agreed price.
In addition, in the event of non-payment of all or part of the price and any delivery costs of the Products ordered or failure of the payment process for whatever reasons or in the event of suspicion of fraud, the Seller may :
· cancel or suspend any Order and delivery without prior notification;
· without prejudice to the possibility for the Seller to initiate any action in respect of the price of the Product and any other sum due under the Order, even though ownership of the Product has not yet been transferred to the Customer;
· request compensation for its recovery and recovery costs on justification.
Article 4: Shipping of Products
The Product will be delivered to the address communicated or to the delivery point chosen by the Customer in his Order sent to the Seller in accordance with article 1 above. In the event of an error in the wording of the recipient's contact details, the Seller cannot be held responsible for the impossibility in which he would be able to deliver the Products concerned. The additional costs resulting from the errors of the Customer will be the sole responsibility of the latter.
In addition, the fact of not receiving or not going to collect the Product can in no case be assimilated to a right of withdrawal. Any Order delivered is due.
If the recipient is absent during delivery, the Customer must contact the person in charge of delivering the Products to find out how to collect the Product or to re-deliver the Product. Any additional costs will be borne by the Customer. In the event that the ordered Product is not withdrawn within the time limit, it will be returned to the Seller, the shipping costs (outward and return) remain the responsibility of the Customer..
The Seller reserves the right to split deliveries.
In any event, delivery on time can only take place if the Customer is up to date with his obligations towards the Seller.
In accordance with the provisions of the Consumer Code, if the Seller has failed in his obligation to deliver the Product on the date or within the time period indicated by the Seller, the Customer may resolve (end) the sale by respecting the following procedure:
· First, he directs the Seller by registered letter with acknowledgment of receipt or by another writing on a durable medium (for example, by electronic mail to the following address: firstname.lastname@example.org) to make delivery within a reasonable additional time.
· It is only in the event that the Seller has not complied within this new period, that the Customer may, under the same terms, inform the Seller that he is ending the sale.
The sale is considered resolved (canceled) upon receipt of the letter or writing informing the Seller of this resolution, unless the Seller has complied between the sending of the mail / email by the Customer and its receipt. Within fourteen (14) working days following the Customer's request for resolution (cancellation), the Seller must reimburse the Customer for the full price paid.
The Seller is not contractually liable for loss or damage suffered by the Customer due to a reasonable delay in delivery or due to a delay in delivery having its origin in an event beyond the control of the Seller.
Article 5: Guarantee - Liability
From the moment the Product is made available to the Customer (or to a third party designated by him), the risks relating to the loss and deterioration of the Product as well as to the damage that it could cause are transferred to the Customer. The latter will then have to ensure its conservation at its expense, under suitable conservation and maintenance conditions and will be responsible for any damage caused by the Product as well as any damage suffered by the Product.
The Seller will be exempt from any liability when he has been prevented from fulfilling all or part of his obligations, in particular in terms of deadlines, due to a case of force majeure within the meaning of article 1218 of the Civil Code.
Despite the best efforts of the Seller, it is possible that the photographic perception of the Products on the Website www.nadaty.comor on the documents distributed by the Seller (for example its catalogs) because of their digital presentation or the artisanal nature of the Products, in particular their colors, their shades do not correspond exactly to the Products themselves. The Seller's liability cannot be engaged in this regard.
Subject to these reservations, the Seller is required to deliver a Product in accordance with the Order. As such, he must respond to any lack of conformity existing when the Product is delivered.
Thus, when the Product is made available to the Customer (or to the third party designated by him), the Customer must ensure that the Product delivered to him corresponds to the Order. It is the Customer's responsibility to make reservations. and the complaints that it considers necessary, or even to refuse the withdrawal of the Order, when, at the time of receipt of the Order, the Product and / or its packaging:
· is obviously damaged; and or
· does not correspond to the Order (non-conformity of the Product in kind, in quality or in quantity with the specifications mentioned in the Order Confirmation).
In this case, the Customer must:
· send said reservations and complaints to the Seller, accompanied by a copy of the Product Order Confirmation, immediately by:
o registered letter with acknowledgment of receipt to the following address: NADATY SARL, Domaine de Castelviel, 48110 Sainte-Croix French Valley - France
o by e-mail addressed to email@example.com
· return the Product in its packaging to the following address: NADATY , 12 rue Gaston Milhaud, 30000 Nîmes.
If the Customer notices that the Product contains a defect or a hidden defect which cannot be detected when it is received (made available), he must immediately notify the Seller.
Complaints must be sent by registered mail with acknowledgment of receipt to the following addressNADATY SARL, Domaine de Castelviel, 48110 Sainte-Croix French Valley - France,or by e-mail to firstname.lastname@example.org, and must contain:
· a copy of the Order Confirmation,
· proof with photos of the Product (s) concerned.
In the event that the defect is actually prior to the sale and renders the Product unfit for the use for which it is intended, the Seller will ask the Customer to return the Product to him.
It is specified that in the event of lack of conformity of the Products, defect or hidden defect of the Products, only a justified and detailed complaint, which will be duly recorded in writing will be considered admissible.
The Seller is subject to the legal warranty conditions provided for in Articles L.211-4 et seq. Of the Consumer Code and Articles 1641 and 1648 of the Civil Code:
The legal guarantee of conformity (articles L. 217-4 to L. 217-14 of the Consumer Code):
The Seller must deliver a Product in accordance with the Order. Failing this, he is responsible for defects during delivery, but also for all those resulting from the packaging (article L.217-4).
A Product complies, according to article L.217-5, when it is either:
· specific to the use usually expected of a similar item, if applicable:
- that it corresponds to the Seller's description and possesses the qualities presented as a sample or model;
- that it has the qualities that a buyer can legitimately expect following the Seller's public statements;
· has the characteristics defined by the Parties or be suitable for the special use sought by the buyer, known to the Seller and accepted.
Defects of conformity which appear within a period of twenty-four months from the delivery of the Product are presumed to exist at the time of delivery, unless proven otherwise. The Seller may contest this presumption if it is not compatible with the nature of the Product or the lack of conformity invoked. The Customer may not contest the conformity by invoking a defect that he knew or could not ignore when he contracted.
In the event of a lack of conformity, the Seller may offer the Customer to replace the Product or repair it. The choice depends on the Customer, except when this generates for the Seller disproportionate costs compared to the second means. If the repair and replacement of the Product is impossible, the Customer may return the Product and be refunded the price or keep the Product and have part of the price returned if the defect is major or the timeframe for the chosen solution exceeds one (1) month from the request; or that no means are feasible. The resolution (cancellation) of the sale cannot however be pronounced if the lack of conformity is minor.
The legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code):
The Seller is bound by the guarantee for hidden defects in the Product sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer has not acquired it, or does not have any. given that a lower price, if he had known them.
The Seller is not liable for apparent defects of which the Customer has been able to convince himself, but for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that 'he will not be obligated to any guarantee.
The defect must be prior to the sale and render the Products unfit for the use for which they are intended.
In the event of a hidden defect in the Product, the Customer will have the choice:
- return the Product and have the price returned;
- keep the Product and have part of the price returned.
The time limit for acting is two (2) years from the discovery of the defect.
The aforementioned guarantees will only apply if the following conditions are met: the Product has been, on the one hand, stored and kept in conditions suitable for ensuring optimal conservation and, on the other hand, has been used correctly and in accordance with its usage. Otherwise, the liability of the Seller and / or the producer of the Product will be reduced or eliminated, taking into account all the circumstances and, in particular, in the event of:
- fault and / or negligence of the Client;
- modification made to the Product by the Customer.
Article 6: Intellectual property
The GTCS do not confer on the Customer any right of any kind whatsoever on the intellectual and / or industrial property rights relating to the Products and / or their presentation, of which the Seller is the holder.
Any exploitation, commercial or not, in particular any downloading, copying, reproduction, distribution, transmission, dissemination, adaptation, translation or representation, extraction, in whole or in part, of the Products and / or of the NADATY name and / or of the Seller's logo and / or photographs of the Products or their packaging and / or texts, comments, illustrations, images appearing on the site www.nadaty.comand on the paper documents disseminated by the Seller, by any current or future means and process, on any current or future medium (prospectus, poster, catalog, mail, press article, audiovisual production, website, social networks, etc.) , without the prior written authorization of the Seller, is prohibited and may give rise to legal proceedings, in particular for counterfeiting, unfair competition and parasitism.
Article 7: Prohibition of resale
Article 8: Force majeure
The Seller will not be held responsible in the event of failure or delay in the performance of its obligations under the T & Cs resulting from a case of force majeure or circumstances beyond its control whatever they may be. In such a case, the Seller may benefit from a reasonable additional time to perform its obligations, after prior written information to the Customer by the Seller.
Article 9: Protection of personal data
In accordance with the General Data Protection Regulation No. 2016/679 of the European Parliament and of the Council of April 27, 2016, the Seller is responsible for the processing of personal data. In fact, the personal data collected in connection with the purchase of Products is subject to computer processing intended for the registration, processing and delivery of Orders. This information is strictly confidential. Failure or insufficiency of information results in the automatic rejection of the Order.
The recipients of the personal data are the Management and the sales department of the Seller as well as the service provider in charge of the transport of the Products.
Personal data is kept for the duration of the contractual relationship between the Parties resulting from the GTC.
The Customer agrees that his personal data, in particular his postal address, telephone number and email address, be used by the Seller for the dissemination to the Customer of information relating to the activities and Products of NADATY SARL, and that they are kept for a period of three years from the date of the Order.
In accordance with the provisions in force, the person concerned by the processing of personal data has the right to ask the Seller for access, rectification, modification, limitation of the processing of personal data concerning him or the deletion of the data. concerning:
· or by sending an email to the Seller at the following address: email@example.com
· or by post to the following address: NADATY SARL, Domaine de Castelviel, 48110 Sainte-Croix Vallée française - France.
The person concerned can lodge a complaint with the CNIL.
Article 10: Right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days to exercise the right of withdrawal from a sale made at a distance, that is to say in particular by Internet, for the non-perishable Products, that is to say in particular for the Products bearing a date of minimum durability ("DDM", formerly called "DLUO" - Products bearing the mention " To consume preferably before … ”), Such as dried fruits or oils.
In accordance with article L.221-28 of the Consumer Code, the Customer does not have a right of withdrawal for perishable Products, that is to say in particular for Products with a use-by date ( “DLC”), such as certain varieties of dates (for example dates of the Sukari variety).
The period of fourteen (14) calendar days runs from the day after receipt of the Product by the Customer or a third party designated by him, other than the carrier.
In the case of an order for several Products delivered separately or in the case of an order for a Product made up of lots or multiple parts, the delivery of which is spread over a defined period, the period shall run from receipt. of the last good or lot or of the last part.
In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The Customer must exercise his right of withdrawal by informing the Seller of his decision to withdraw by sending, before the expiry of the period of fourteen (14) daysprovided for in Article L.221-18 of the Consumer Code, the withdrawal form mentioned below or any other declaration, unambiguous, expressing its desire to withdraw.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
I / we (*) hereby notify / notify you (*) of my / our (*) withdrawal from the contract for the sale of the Product (*) below:
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s) (only if this form is notified on paper):
The Customer can also exercise his right of withdrawal by sending the withdrawal form by email to the following address: firstname.lastname@example.org.
The Customer returns or returns the Products to the Seller, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with article L.221-23 of the Consumer Code. .
In this case, the Customer bears the direct costs of returning the Products.
The Customer must return the complete, unused Products in their original unopened packaging.
When the right of withdrawal is exercised, the Seller shall reimburse the Customer for the sums paid at the latest within fourteen (14) days from the date on which he is informed of the Customer's decision to withdraw. However, the Seller is reserves the right to defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of these Products, the date selected being the date of the first of these facts.
Article 11: Miscellaneous
The fact that the Seller does not take advantage, at a given time, of any of the provisions of the GTC, cannot be interpreted as a waiver of subsequently invoking any of the said provisions.
If a provision of the T & Cs is declared void or declared illegal, invalid or inapplicable for any reason whatsoever, this provision will be replaced by the legal and applicable provision inducing as far as possible the same economic effects; the rest of the T & Cs remaining fully valid.
Article 12: Disputes
These GTC are subject to French law.
For any difficulty, we invite you to contact us beforehand:
- or by sending an email to the Seller at the following address: email@example.com
- or by post to the following address: NADATY SARL, Domaine de Castelviel, 48110 Sainte-Croix Vallée française –France
Under Article L.612-1 of the Consumer Code “ Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. "
Disputes falling within the scope of Article L.612-1 of the Consumer Code are disputes defined in Article L.611-1 of the Consumer Code, namely disputes of a contractual nature, relating to on the execution of a sales contract between a consumer and a professional. The text covers national disputes and cross-border disputes.
The Customer is informed of the possibility of resorting, in the event of a dispute arising from the GTC, to a conventional mediation procedure or to any other alternative mode of dispute settlement. In this case, he has the possibility of appealing to a consumer ombudsman, a list of which is available on the following web page: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
Cross-border disputes : European Consumer Center France
In the absence of amicable settlement of a dispute arising from these GTC, the French courts will have jurisdiction.
In all cases, you can, at your expense, be assisted by a counsel.