Terms of sale
1 - Purpose
The purpose of these General Terms and Conditions of Sale (hereinafter the “GTC”) is to describe the terms and conditions of distance selling of goods and services between the MasAmiel.com website and the Customer. They express the obligations and rights of the Parties. The GCS may be modified or adapted at any time at MasAmiel.com's initiative. The applicable GCS are those in force on the day the Customer places an order with the site.
2 - Ordering
2.1 General information
The Customer creates an account on the MasAmiel.com site and places an order in accordance with the specifications shown on the site. Once the order has been placed, the Customer will receive an e-mail confirming that the order has been registered. An email will then be sent indicating whether or not the order has been accepted by the site within a maximum of 72 hours of the order being placed on the aforementioned site. Any order placed by the Customer will only be considered effective and validated after acceptance and confirmation by the site to the Customer.
2.2 Anti-fraud control
In order to ensure the security of transactions and prevent fraud, MasAmiel.com and its service providers reserve the right to verify the reliability of the information entered by the Customer during order registration.
3 - Prices
The prices of products and services are quoted in euros, inclusive of VAT, and do not include delivery charges for products purchased on their own, which are added to the current price list before the order is confirmed by the Customer. The prices of products or services are those in force at the time the order is registered. The site reserves the right to modify its prices at any time.
4 - Payment
The products and services presented on the site are payable on the date the Order is accepted by MasAmiel.com.
4.1 Terms of payment
Payment is made using the “3D Secure” secure payment system by credit card (Visa, Carte Bleue, Mastercard).The site reserves the right not to accept certain foreign bank cards. The customer will receive an invoice at the latest with the parcel, or will be able to consult it in his or her customer area [RC1]. The customer may also request an invoice directly from the site, by e-mail.
4.2 Default of payment
MasAmiel.com reserves the right to refuse to honor an order or make a delivery from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.The site reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution: - in the event of non-payment of any sum due by the Customer, - or in the event of a payment incident.
It is agreed that goods delivered and invoiced to the Customer remain the property of the site until full payment has been received.Failure to pay may result in the goods being reclaimed.
The above provisions do not preclude the transfer to the Customer of the risks of loss or deterioration of the products, or of any damage they may cause, from the date of delivery.
5 - Promotional policy
NA
6 - Provision and delivery of products and services
6.1 Delivery terms
Delivery locations are defined and indicated at the “Delivery” stage of the order by the Customer. Unless otherwise offered, delivery charges are payable by the Customer and vary according to the type of order.
6.2 Availability
The average lead time for product availability may be indicated on the product Offer sheet. In all cases, it is confirmed at the delivery stage of the order process, subject to acceptance by the site within a maximum of 72 hours. In the event of unavailability of the order accepted by the site, the Customer will be informed as soon as possible and will have the option of having the order refunded.
6.3 Late delivery
If the delivery deadline is exceeded and this is not due to force majeure, the Customer must give notice to the site to deliver within a reasonable additional period. If delivery is not made within this period, the Customer may cancel the sales contract by registered letter with acknowledgement of receipt sent to the site address (masamiel.com: DOM DOMAINE DU MAS AMIEL, 66460 MAURY). The sale will be considered cancelled if the product is not made available or delivered before the site receives the registered letter. The product(s) will be reimbursed as soon as possible.
6.4 Transfer of risk
Delivery is deemed to have taken place when the goods ordered are made available to the Customer by the carrier. The product(s) ordered travel(s) at the sender's risk; it is therefore the Customer's responsibility, in the event of damage, to make all necessary observations and return the goods to the sender in accordance with the procedure described below.
If the product is incomplete or damaged, the customer must inform the site 48 hours in advance in order to cancel the intervention and reschedule it at a later date. In the absence of prior notification to the site, the Customer will not be able to request a new intervention free of charge from the site.
7 - Returning a product - Right to cancel a product or service
7.1 Returns
The customer must ensure that he/she has the number of packages indicated and that the products are in good condition when the order is made available or when it is delivered. If the product(s) delivered does (do) not conform in nature or quantity to the specifications indicated on the delivery note enclosed with the shipment, or has (have) suffered damage during transport, the Customer must:
- In the case of delivery by carrier: fill in the delivery note legibly stating any reservations and also report any damage due to transport to the site by registered mail with acknowledgement of receipt.
7.2 Right of withdrawal
Withdrawal period: In accordance with articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal, starting from the day after receipt of the goods by the Customer or a third party, other than the carrier, designated by MasAmiel.com.
How to exercise the right of withdrawal: The Customer exercises his right of withdrawal without having to give reasons for his decision and without having to bear any costs other than the cost of returning the goods. The Customer shall inform the site of his or her decision to withdraw by sending, before the expiry of the fourteen (14) day period, the withdrawal form in accordance with the model attached below, or by any other unambiguous statement in which he or she expresses his or her wish to withdraw. The burden of proof for exercising the right of withdrawal lies with the Customer.
Model withdrawal form :
For the attention of [Merchant's name] - [Merchant's contact details]
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*) Ordered on (*)/received on (*) with the following order number (*)
Name of customer(s) Address of customer(s)
Signature of customer(s) (only in the case of notification of this form on paper)
Date
* Delete as appropriate
Return of goods by the customer : The Customer shall return the goods to the site in the manner specified on the site page. This must be done without undue delay and, at the latest, within fourteen (14) days of communication of the decision to withdraw. The Customer shall only bear the direct costs of returning the goods.
Principle
When the right of withdrawal is exercised, the site is obliged to reimburse the Customer for all sums paid, including delivery costs, unless the delivery method is more expensive than the standard method, without unjustified delay and no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. The site may defer reimbursement until the goods have been recovered or until the Customer has provided proof of shipment of the goods. The refund will be made by the site using the same means of payment as that used by the Customer for the initial transaction. The same shall apply in the event of withdrawal for a service.
Limits to the right to reimbursement
In addition to the aforementioned cases, the customer is reminded that the site may be held liable in the event of: - deterioration of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods; - any damage caused to the product upon receipt of the goods by the customer and until their return to the site; or incomplete return of the goods and their accessories without their packaging, instructions or documentation.
8 - Force majeure
The site shall not be held liable for non-performance of the contract entered into due to the occurrence of an event of force majeure. All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties shall be considered as force majeure.
9 - Personal data
The information required to enable Customers to benefit from the services is indicated at the time of collection. Other information requested is optional, but remains important to enable us to provide our customers with the best possible service. The data collected may be transmitted to service providers, suppliers and/or partners of MasAmiel.com for the sole purpose of carrying out their missions, including some outside the European Economic Area. MasAmiel.com takes the necessary measures to guarantee the confidentiality and integrity of such data, by means of an appropriate legal framework.
The site shall not be held liable for non-performance of the contract entered into due to the occurrence of an event of force majeure. All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties shall be considered as force majeure.
10 - Liability
The site assumes full responsibility for the products and services it offers for sale on the site and will deal alone with any claims relating to the products or the performance of the services.
11 - Applicable law - Disputes Mediation
The GCS are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction, except in the event of the mandatory application of a specific local law.
In the event of a dispute arising from an online purchase, the customer is hereby informed of the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method, if it has not been possible to settle such a dispute by means of a prior complaint lodged directly with the site. The site is required to communicate the contact details of the Mediator it has appointed. For information, European Commission mediation website http://ec.europa.eu/consumers/odr/.
