GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of sale (hereinafter “GTC”) apply to any purchase made by an internet user / natural person (hereinafter the “Customer”) on the www.lepetitberet.com website (hereinafter the “Website”) from Le Petit Béret, a French simplified joint stock company registered on the Béziers Trade and Companies Register under number 81390818300011 , having its registered office at 132 rue Pierre Simon Marquis de Laplace, 34500 Béziers, France, Tel: +33 (0)4 99 41 06 80, Email address email@example.com (hereinafter the “Seller”).
IMPORTANT: Any order placed on the Website implies the Customer’s unconditional acceptance of these general terms and conditions of sale.
Article 1. Definitions
The following terms are used within these GTC with the meanings given to them below:
- “Customer” means the person entering into a contract with the Seller; the Customer warrants that they are acting in the capacity of a consumer as defined by French legal precedent. In this regard, for the avoidance of doubt, Customers must not be acting in a commercial capacity or in the course of regular business.
- “Delivery” means the first presentation of Goods ordered by the Customer to the delivery address supplied when ordering.
- “Goods” means all the goods available on the Website.
- “Territory” means metropolitan France (excluding the overseas departments and territories also known as the DOM-TOM).
Article 2. Subject matter
These GTC govern the sale of Goods by the Seller to Customers.
Customers are hereby clearly informed and acknowledge that the Website is intended for consumer purchases and that business buyers should contact the Seller’s Sales Department as different terms and conditions of sale apply.
Article 3. Acceptance of the General Terms and Conditions
The Customer undertakes to read these GTC carefully and to agree to them before paying for any order for Goods placed on the Website.
There is a link to these GTC at the foot of every page on the Website, and they must be read before placing any order. Customers are asked to read the GTC carefully, and to download and print a copy for safe keeping.
The Seller advises the Customer to read the GTC with every new order, as the latest version of said GTC applies to any new order for Goods.
By clicking on the first button to place an order, then the second to confirm said order, Customers confirm that they have read, understood and agreed to the GTC unreservedly and without limitation.
Article 4. Purchasing Goods on the Website
Customers must be at least 18 years of age and posses legal capacity in order to be able to buy Goods. Customers under 18 years of age must be able to provide evidence of their legal representatives’ approval.
Customers are requested to provide identifying information by completing the form on the Website. The (*) symbol indicates mandatory fields that are necessary to enable the Seller to process the Customer’s order. Customers can check the status of their orders on the Website. Deliveries can be tracked using carriers’ online delivery tracking systems when available. Customers can also email the Seller’s Sales Department at any time at firstname.lastname@example.org, for information about the status of their order.
Information that the Customer provides to the Seller when placing an order must be complete, accurate and up-to-date. The Seller reserves the right to ask a Customer to confirm their identity, eligibility and the information supplied by any appropriate method.
For availability reasons, the Seller may have to change the geographical origin of the products and the bottle cap. A buyer may not query either of these matters after purchase.
Article 5. Orders
Article 5.1 Characteristics of the Goods
The Seller undertakes to present the essential characteristics of Goods (on product information sheets available on the Website), and the mandatory information that all Customers must receive by virtue of applicable law (in these GTC).
Customers undertake to read this information carefully before placing an order on the Website.
Unless otherwise expressly stated on the Website, all Goods sold by the Seller are new and comply with current European legislation and current standards in France.
Article 5.2. Ordering procedure
Orders for Goods are placed directly on the Website. To place an order, a Customer must follow the steps described below (please note, however, that depending on where the Customer starts, the steps might differ slightly).
5.2.1. Selection of Goods and purchase options
The Customer selects Goods for purchase by clicking on the Goods concerned, then choosing the characteristics and quantities desired. Once Goods are selected, they are placed in the Customer’s basket. Customers can add as many Goods to their basket as they wish.
Once Goods have been selected and added to the basket, the Customer needs to click on the basket and confirm that the order contents are correct. If the Customer has not yet done so, they will be invited to log in or to register.
Once the Customer has confirmed the basket’s contents, and has logged in/registered, a form is displayed, automatically completed and summarising the prices, applicable taxes and any delivery charges there might be.
The Customer is asked to check the order contents (including the quantities, characteristics and reference numbers of the Goods ordered, the billing address, payment method and price) before confirming them.
The Customer can then proceed to payment for the Goods by following the instructions shown on the Website, supplying all the information needed for billing and Delivery of the Goods. As regards Goods for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for successful processing of the order.
The Customer also needs to choose a delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the Website to acknowledge receipt of the Customer’s order. A copy of the acknowledgement of receipt of the order is always emailed to the Customer, assuming that the email address supplied on the registration form is valid.
The Seller does not send any order confirmation by post or fax.
During the ordering procedure, the Customer has to enter information needed for billing purposes (the (*) symbol indicates mandatory fields that are necessary to enable the Seller to process the Customer’s order).
Customers must clearly indicate all the information needed for Delivery, in particular the exact Delivery address, along with any building entry code that might be needed for the Delivery address.
Customers must then state their chosen payment method.
Neither the purchase order that the Customer produces online, nor the acknowledgement of receipt of the order emailed by the Seller to the Customer, constitutes an invoice. Regardless of the ordering method or payment method used, the Customer will receive the original of the invoice upon Delivery of the Goods, inside the package.
Article 5.3. Order date
The order date is the date on which Seller acknowledges online receipt of the order. Lead times given on the Website start to run only from this order date.
Article 5.4. Prices
Customers will find prices for all Goods displayed on the Website, in euros including all taxes, as well as any applicable delivery charges (depending on the weight of the package, excluding wrapping and gifts, the Delivery address and the carrier or mode of transport chosen).
Prices in particular include value added tax (VAT) at the rate in force on the order date. Any change to the applicable VAT rate will affect the prices of Goods as from the date the new rates enter into force.
The VAT rate applicable is expressed as a percentage of the value of the Goods sold.
The prices charged by the Seller’s suppliers are subject to change, and the prices indicated on the Website may change as a consequence. They can also be changed for special offers or sales.
The prices indicated are valid other than in cases of clear and obvious error. The price charged is the price shown on the Website on the date the Customer places the order.
5.5. Availability of Goods
Unavailability is, in principle, indicated on the Website page for the Goods concerned. Customers may also be informed of the restocking of Goods by the Seller.
In any event, if unavailability is not indicated at the time of ordering, the Seller undertakes to inform the Customer immediately if Goods are not available.
The Seller may, at the Customer’s request:
- Either propose shipping all the Goods at the same time, once the out-of-stock Goods are once again available,
- Or propose a part-shipment of the Goods that are initially available, then shipping the remainder of the order when the other Goods become available, provided the Customer is clearly informed about any additional transport costs that might be incurred,
- Or propose alternative Goods of equivalent price and quality, to which the Customer must agree.
If the Customer decides to cancel their order for the unavailable Goods, they will be refunded any money paid for said unavailable Goods no later than thirty (30) days after the payment was made.
Article 6. Cooling-off period
The terms applying to the cooling-off period are stated in the “Cancellation policy” available in Appendix 1 hereto, and are also accessible via a hyperlink at the foot of every page on the Website.
Article 7. Payment
Article 7.1. Payment methods
Customers can pay for their Goods online on the Website using the methods offered by the Seller.
The Customer warrants to the Seller that they have the necessary permission to use the selected payment method.
The Seller will take all measures necessary to ensure the security and confidentiality of all data supplied online in respect of online payment on the Website.
In this respect, the Seller hereby confirms that all payment-related data supplied on the Website is transmitted from the Website to the bank and is not processed on the Website.
Article 7.2. Payment date
For a single payment made by credit card, the Customer’s account will be debited as soon as the order for the Goods is placed on the Website.
For part Deliveries, the total amount will be debited from the Customer’s account at the earliest when the first package is dispatched. If the Customer decides to cancel their order for any Goods that are unavailable, the refund will be made as described in the last subsection of Article 5.5 hereof.
Article 7.3. Late payment or default
If the bank declines to debit a card or honour any other payment method, the Customer must contact the Seller’s Customer Services to pay for the order by some other valid payment method.
If it proves impossible for any reason whatsoever for the Customer to pay the money owed (insufficient funds, stopped payment or any other reason), the order and the sale will be cancelled automatically.
Article 8. Evidence and Archiving
Any contract concluded with any Customer of a value greater than €120 including taxes will be archived by the Seller for ten (10) years in accordance with Article L.134-2 of the French Consumer Code.
The Seller agrees to archive this data to provide an audit trail of transactions and produce a copy of the contract at the Customer’s request.
In the event of a dispute, the Seller will be able to prove that its electronic monitoring system is reliable and that it can guarantee the integrity of the transaction.
Article 9. Transfer of title
The Seller retains title to the Goods delivered until full payment for them is received from the Customer.
The above provision does not prevent the transfer to the Customer, upon receipt by the Customer or by a third party designated by the Customer other than the carrier, of the risks of loss or harm to the Goods subject to retention of title, as well as the risks of loss or harm that they might cause.
Article 10. Delivery
The terms applying to Delivery of the Goods are stated in the “Delivery policy” available in Appendix 2 hereto, and accessible via a hyperlink at the foot of every page on the Website.
Article 11. Packaging
Goods are packaged in accordance with current standards for the transport of goods, to ensure maximum protection for the Goods during Delivery. Customers agree to meet those same standards when returning Goods as described in Appendix 1 – Cancellation policy.
Article 12. Guarantees
Article 12.1. Compliance guarantee
Article L.211-4 of the French Consumer Code: “The seller is obliged to deliver goods in compliance with the contract and is liable for any non-compliance existing at the time of delivery. The seller is also liable for non-compliance resulting from packaging, assembly instructions or installation where the seller is responsible for same under the contract or it is carried out under the seller’s responsibility.”
Article L.217-5 of the French Consumer Code: “A product complies with the contract:
1° If it is suitable for the use ordinarily expected of a similar product and, if applicable:
- if it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of public representations made by the seller, the manufacturer or their representatives, including in advertising or labelling;
2° Or if it has the characteristics determined by mutual agreement between the parties or is suitable for any particular use sought by the buyer, brought to the attention of the seller, and which the latter has accepted.”
The Seller is obliged to deliver compliant Goods, i.e. fit for the expected purpose of similar goods and matching the description given on the Website. This compliance also assumes that the Goods present the qualities that a buyer can reasonably expect in view of the public representation made by the Seller, including in advertising or labelling.
In this respect, the Seller is liable for any non-compliance existing at the time of delivery and for non-compliance resulting from packaging, assembly instructions or installation where the Seller is responsible for same or it is carried out under the Seller’s responsibility.
Legal action on the grounds of non-compliance is time-barred two (2) years after the date of delivery of the Goods. (Article L.211-12 of the French Consumer Code)
When non-compliance is found, the Customer may request replacement or repair of the Goods, as they so choose. However, if the cost of the Customer's choice is manifestly disproportionate relative to the other option, taking into account the value of the Goods and the significance of the non-compliance, the Seller may simply refund the price paid and disregard the option chosen by the Customer.
In the event that replacement or repair are both impossible, the Seller agrees to refund the price paid for the Goods within 30 days of receipt of the returned Goods, provided the Customer returns the Goods to 132 rue Pierre Simon Marquis de Laplace, 34500 Beziers, France.
Lastly, the Customer does not have to provide evidence of the existence of non-compliance in the Goods for the first six (6) months following Delivery.
For the avoidance of doubt, this statutory compliance guarantee applies independently of the commercial warranty, if any, granted concerning the Goods.
Article 12.2. Warranty against latent defects
The Seller is bound by the statutory warranty for latent defects in the Goods sold that render them unfit for its intended use, or that reduce this use to the extent that the Customer would not have acquired the Goods, or would only have paid a lower price, if the Customer had known about them. (Article 1641 of the French Civil Code).
This warranty enables a Customer who is able to prove the existence of a latent defect to choose between a refund of the price of the Goods if returned, and a refund of part of the price if the Goods are not returned.
In the event that replacement or repair are both impossible, the Seller agrees to refund the price paid for the Goods within 30 days of receipt of the returned Goods, provided the Customer returns the Goods to 132 rue Pierre Simon Marquis de Laplace, 34500 Beziers, France. Any action on the grounds of redhibitory defects [hidden defects preventing a product from performing the task for which it was purchased] must be brought by the Customer within two years of the discovery of the defect. (Article 1648 subsection 1 of the French Civil Code)
Article 13. Liability
Under no circumstances can the Seller be held liable for a delay or failure in meeting contractual obligations that is attributable to the Customer, including when entering the order.
The Seller cannot be held liable, or deemed to have breached these GTC, for any delay or failure in meeting contractual obligations if the cause of the delay or failure is a force majeure event as defined by legal precedents in the French courts and tribunals.
It is furthermore stated that the Seller does not control websites that are directly or indirectly linked to the Website. As a consequence, the Seller assumes no responsibility for any information published on them. Links to third-party website are for information purposes only, and no guarantees are given as regards their contents.
Article 14. Personal data
The Seller collects personal data about its Customers from the Website, including by means of cookies. Customers can block cookies by following the instructions in their browser.
Data collected by the Seller is used to process orders placed on the Website, manage Customer accounts, analyse orders and, if the Customer has selected this option, to send marketing emails, newsletters, promotional offers and/or information about special sales events, unless the Customer no longer wishes to receive such communications from the Seller.
Customers’ data is stored confidentially by the Seller in accordance with the submission the Seller has made to CNIL (the French data protection registrar), to meet the requirements of the contract and its performance, and legal obligations.
Customers can unsubscribe at any time by logging into their account, or clicking on the unsubscribe hyperlink found at the foot of every offer received by electronic mail.
Data can be disclosed, wholly or partly, to the Seller’s service providers involved in processing orders. The Seller can transfer Customers’ names and contact details to commercial partners for commercial purposes, provided that Customers have given their prior consent when registering on the Website.
The Seller will specifically ask Customers whether they consent to their personal data being disclosed. Customers can change their mind at any time on the Website, or by contacting the Seller.
The Seller can also ask its Customers if they want to receive marketing approaches from its partners.
Pursuant to French law no. 78-17 of 6 January 1978 on computing, data storage and freedom of information, Customers have the right to access, correct, challenge (for certain legitimate reasons) and delete data held about them. Customers can exercise these rights by emailing email@example.com or by post at 132 rue Pierre Simon Marquis de Laplace, 34500 Béziers, France.
Customers must be able to provide evidence of their identity, either by scanning an identity document or by sending a photocopy of their identity document to the Seller.
Article 15. Complaints
The Seller provides the Customer with a telephone technical support service on +33 (0)4 99410689 (standard call charges apply).
Any written Customer complaint is to be posted to LE PETIT BÉRET, Immeuble le Forum, 16/18 avenue de la Voie Domitienne, 34500 Béziers, France
Article 16. Intellectual property
All visual and audio Website components, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These components are all the exclusive property of the Seller. Any person publishing a website and wishing to create a direct hyperlink to the Website must request the Seller’s permission in writing.
Any such permission from the Seller is not granted permanently, and hyperlinks must be removed if the Seller so requests. Hyperlinks to the Website using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the GTC
Any change to legislation or regulations in force, or any ruling by a competent court, rendering one or more clauses in these GTC invalid, cannot affect the overall validity of the GTC. Such a change or ruling in no way permits the Customer to disregard these GTC.
Any circumstances not expressly covered by the provisions hereof will be settled in accordance with custom and practice in the retail sector for companies with their registered office in France.
Article 18. Amendments to the GTC
These GTC apply to all purchases made online on the Website while the Website is available online.
These GTC are accurately date-stamped and may be amended and updated by the Seller at any time. The GTC applicable are those in force at the time an order is placed.
Amendments to the GTC will not apply to Goods already purchased.
Article 19. Election of jurisdiction and applicable law
These GTC and the relationship between the Customer and Seller are governed by French law.
Only French courts have jurisdiction in the event of a dispute.
However, prior to any recourse to arbitration or the courts, negotiation in a spirit of loyalty and good faith is to be preferred, with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including concerning its validity.
The party wishing to begin the negotiation process is to inform the other party of this by registered letter with proof of delivery, providing information about the matter in dispute. If the parties have failed to reach a settlement within fifteen (15) days, the dispute will be referred to the competent jurisdiction designated below.
Throughout the negotiation process and until it comes to an end, the parties will each refrain from instituting any legal action against the other as regards the matter being negotiated. By way of exception the parties are permitted to file an application for interim measures or seek a decision in ex parte proceedings. Any potential application for interim measures or seeking a decision in ex parte proceedings does not mean the parties cannot apply the amicable resolution clause, unless they expressly agree otherwise.
The principle of a cooling-off period
As a matter of principle, a Customer has the right to return Goods to the Seller or a person designated by the Seller, within a reasonable cooling-off period and no later than fourteen (14) days after notifying the Seller of their decision to cancel the purchase, unless the Seller proposes to collect the Goods itself.
The cooling-off period expires fourteen (14) calendar days after the day when the Customer, or a third party other than the carrier designated by the Customer, physically takes possession of the Goods.
If the Customer has ordered a number of Goods in one order giving rise to more than one Delivery (or only one Good but delivered in more than one batch), the cooling-off period expires fourteen (14) calendar days after the day when the Customer, or a third party other than the carrier designated by the Customer, physically takes possession of the last of the Goods to be delivered.
Serving notice to cancel the purchase
To exercise their right to cancel, the Customer must serve notice of their decision to cancel by means of an unambiguous statement of same to: LE PETIT BÉRET, Chemin de la Mouline, 34440 Nissan-lez-Ensérune or firstname.lastname@example.org.
The Customer must send notice of exercising their right to cancel their purchase before the end of the cooling-off period.
Effects of cancellation
When the Customer cancels their purchase, the Seller undertakes to refund the entire price paid for the goods purchased (excluding transport charges) in any event no later than fourteen (14) days after the day that the Seller is informed of the Customer’s wish to cancel their purchase.
Upon receipt of the returned Goods (the Customer pays the costs of delivery) the Seller will examine the condition of the Goods. A refund will be made only if the Goods have not been used, consumed or damaged.
The Seller will pay the refund by cheque, sent to the Customer by post to the address stated on the invoice. The Customer will pay no fee for the refund.
The Seller can defer the refund until it has received the returned Goods or until the Customer provides evidence of shipment of the returned Goods, whichever date comes first.
The Customer must, within a reasonable period and in any event within fourteen (14) days of serving notice of their decision to cancel their purchase, return the Goods to: Innovosud, 132 rue Pierre Simon Marquis de Laplace, 34500 Béziers, France.
This deadline is deemed met if the Customer ships the goods before the end of the fourteen-day period.
For any returned courier package, the Customer must send us photos of the Goods if there has been an error.
The Customer is to pay all the direct costs of returning the Goods.
Condition of returned Goods
Goods must be returned in accordance with the Seller’s instructions, and in particular must include any accessories delivered.
The Customer is liable for any deterioration or damage to the goods resulting from any handling of them other than that necessary to establish the nature, characteristics and proper functioning of the Goods. In other words, the Customer is permitted to test the Goods but is only liable if they handle the Goods in ways other than those necessary to do so.
Exclusions to the right to cancel
The cooling-off period to cancel the purchase does not apply in the following cases:
- The supply of goods or services the price of which depends on fluctuations in financial markets
- The supply of goods produced following a customer’s specification or that are evidently custom-made
- The supply of goods likely to deteriorate or become unfit for use quickly
- The supply of sealed audio or video recordings that have been unsealed after delivery
- Magazines, journals and periodicals (other than a subscription contract)
- The provision of accommodation services other than for residential purposes, transport of goods, vehicle rental, restaurant and catering services, or services relating to leisure activities unless the service stipulates a specific date or period for fulfilment
- The supply of goods that by their nature are mixed inseparably with other items
- The supply of goods sealed for reasons of health protection or hygiene cannot be returned once unsealed by a customer after delivery
- the supply of alcoholic drinks, the price of which was agreed at the time the sales contract was concluded, delivery of which can be made only after 30 days, and the actual value of which depends on market fluctuations beyond the seller’s control
- The supply of digital content that is not supplied digitally if performance started with express prior agreement from the consumer acknowledging the loss of the right to a cooling-off period.
- contracts concluded during a public auction.
The Goods sold can be delivered only within the Territory.
It is not possible to place an order with any delivery address outside of this Territory.
Goods are shipped to the delivery address(es) provided by the Customer during the ordering process.
Shipping lead time
Lead times to prepare an order and then produce an invoice before shipping the Goods are stated on the Website. These lead times exclude weekends and public holidays.
An email will be sent to the Customer automatically at the time the Goods are dispatched, assuming that the email address supplied on the registration form is valid.
Delivery lead times and charges
During the ordering process, the Seller indicates to the Customer the lead times and types of dispatch possible for the Goods purchased.
Shipping costs are calculated on the basis of the delivery method. These costs are to be paid by the Customer in addition to the price for the Goods purchased.
Details of delivery lead times and charges are given on the Website.
Delivery lead times cannot be guaranteed between 15 December and 15 January.
Using the Chrono Relais service, the Customer must sign for the package and provide proof of identity.
If the Customer is absent for a home delivery, a ‘missed delivery’ card will be left for the Customer to enable them to fetch the package from the post office.
Customers are informed about the delivery date set at the point when they choose their carrier, at the end of the online ordering procedure, before confirming their order.
Deliveries will always be made within thirty (30) days. Failing this, the Customer can officially notify the Seller to deliver within a reasonable time, and if this is not met, the Customer may cancel the purchase.
This official notice must be sent to the Seller by post or email to Innovosud, 132 rue Pierre Simon Marquis de Laplace, 34500 Béziers, France or email@example.com.
The Seller is liable until Delivery of the Goods to the Customer. It is reiterated that the Customer must notify the shipper of any damage or losses observed during delivery within 24 hours.