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These general conditions of sale are concluded between:
Hereinafter referred to as "the seller".
L'EURL MAX VAUCHE PRODUCTION
With a share capital of €985,900.
Having its head office at:
22 Rue Jardin du Moulin, 41250 BRACIEUX
Registered at the Blois RCS (French business registry) under the number: 793801069
Intra-Community VAT number FR 63793801069
SIRET (Directory of Establishments Identification System): 793 801 069 00014
APE Code (Activity Code): 1082Z
Represented by its current manager: MAX VAUCHE
Any person intending to make a purchase of one or more products on the seller's website https://www.maxvauche-chocolatier.com.
Hereinafter referred to as "the customer".
These terms and conditions of sale define the contractual relations between the seller and the customer as well as the conditions applicable to any purchase made through the seller’s commercial website, whether the customer is a trader or a consumer.
It is expressly stated that any person using the seller's website to make a purchase is presumed to have read, understood and approved these terms and conditions of sale.
The acquisition of a good or service through this site implies the customer’s unreserved acceptance of these terms and conditions of sale. These conditions of sale shall prevail over any other general or special conditions not expressly approved by the seller.
The seller reserves the right to modify the conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the customer’s order.
For any information concerning the seller's products or a current order, the customer should contact the seller whose contact details are as follows :
MAX VAUCHE PRODUCTION
22 Rue Jardin du Moulin 41250 BRACIEUX
Phone number : + 33 (0)2 54 46 07 96
Fax number : + 33 (0)2 54 46 47 70
Email : email@example.com
All the products presented on the seller's website are offered for sale subject to meeting the legal and regulatory conditions.
The products are offered for sale subject to stock availability.
The photographs or pictures accompanying the products on the pages of this website are provided for illustrative purposes only and have no contractual value.
Only the description of the product is binding on the seller as to its characteristics. For any additional information, the customer should contact the seller by email, telephone, fax or post at the address given at the top of these general conditions.
If a product becomes unavailable after the customer’s order has been registered, the customer will be informed by post or email as soon as the seller becomes aware of the product’s unavailability.
When the expected unavailability is 10 days or more, the unavailable product is automatically removed from the order.
If the customer's order includes several products and some are available and others unavailable, only the unavailable products will be removed from the order.
Unless the customer cancels the order, the available products will be delivered.
When the customer has paid for a product deleted from the order due to unavailability, he/she will be refunded as soon as possible by cheque.
When the expected unavailability of the product is less than 10 days, the product is deemed temporarily unavailable.
In the case of a temporarily unavailable product, the seller may, at his/her discretion, either postpone the execution of the order provided that the restocking of unavailable products is expected within a short period of time, or split the delivery of the order without this giving rise to an increase in the delivery costs given at the time the order is registered.
In the event of an order being postponed due to temporary unavailability, the seller shall notify the customer by email or post.
In the absence of an agreement to the contrary between the parties relating to the temporary unavailability of a product and, except in cases of force majeure or an unforeseeable and insurmountable act by a third party to the contract, the seller undertakes to execute the order within 10 days from the day following that on which the order was registered.
A customer wishing to buy a product must:
- specify the method of payment and delivery
- fill in the identification form on which he/she must give all the contact details requested.
- complete the online order form
- validate the order after checking it
- make the payment under the specified conditions
- confirm the order and payment
All the data provided and the registered confirmation will serve as proof of the transaction. The confirmation shall be deemed a signature and acceptance of the operations carried out. The seller will confirm the registered order by email.
The customer must print the order form.
The order form is considered the written form provided for in Article L121-19 of the French Consumer Code.
The price applied to an order will be the price in force on the day the customer places the order on the seller's website.
The prices of the items offered are subject to change at any time and without notice.
The prices given on the seller's website are inclusive of all taxes and, unless otherwise stated, exclude delivery costs.
The payment is due when the order is placed.
Payments must be made by the means described by the merchant including:
- credit card
Payment using a credit card or ID-Tronic means will be made through the SP+ secure system provided by the Caisse d'Epargne which uses the SSL (Secure Socket Layer) protocol for recording bank details.
The information transmitted is therefore encrypted by software and no third party can read it when it is provided on the network.
The items sold remain the seller’s property until the customer has completed payment, i.e. the seller has received the customer’s payment.
The products are delivered, within 10 days, to the delivery address given during the registration of the order, in the geographical area of delivery selected in the "Costs and Delivery Options" section.
Products can only be delivered in metropolitan France.
Delivery charges may be based on the volume and weight of the items purchased or be a flat rate set by the seller.
The seller will not be liable for any delay in transport exclusively due to a case of force majeure or the fault of the carrier.
At the time of delivery, the customer must check that the product’s packaging is undamaged.
If the packaging is damaged or seems to have been opened, the customer must make reservations to the carrier.
If the product is found to be damaged when opened, the customer must notify the seller within three working days following receipt of the order to be entitled to a refund of the price paid after the damaged product has been returned.
If it is impossible to post the parcel through the letter box, La Poste (French post office) reserves the right to make several attempts to deliver to the address given by the sender. It can take the initiative of handing it to any person present at this address, including the caretaker or concierge, who agrees to take delivery.
If the delivery is impossible, the parcel is held at the place given on the delivery note. The General Terms and Conditions of Sale applicable to La Poste's post and parcel services specify the terms and conditions www.laposte.fr/colissimo (free consultation excluding connection and communication costs of the chosen operator, in force at the time of consultation). La Poste will not be present when the parcel contents are checked.
It is possible to track the main delivery stages on the La Poste website with the exception of shipments within Saint-Pierre and Miquelon. The terms and conditions of use of this service are specified in paragraph 3 of the legal notices available on the La Poste website.
In accordance with the legal provisions, the customer has the right to cancel the order without giving reasons or paying penalties, except for bearing the cost of returning the package.
From the day he/she receives the order, the customer has seven clear days to return the purchased product to the seller.
If the cancellation period expires on a Saturday, Sunday, public holiday or a non-working day, it is extended until the next working day
The customer must return the product in its original condition and packaging, attach all documents and accessories sent with the product, and attach a copy of the purchase invoice explicitly mentioning the intention to exercise the right to cancel.
The customer will be considered the custodian of the item, and as such will assume the risks of its loss, and reception of the order until the seller is again effectively in possession of the returned order.
Only the acknowledgement of receipt bearing the signature and stamp of the seller shall be proof that the seller is effectively again in possession of the returned order.
The seller shall reimburse the customer within thirty days of the day on which the customer has effectively regained possession of the returned order.
MAX VAUCHE PRODUCTION
22 Rue Jardin du Moulin
Phone number : + 33 (0)2 54 46 07 96
Fax : + 33 (0)2 54 46 47 70
Mail : firstname.lastname@example.org
The products offered for sale on the seller's website comply with current French legislation and the standards and regulations applicable in France.
The seller cannot be held liable for any damage resulting from the use of the Internet network such as data loss, intrusion, viruses, disruption of service, or other inadvertent problems
The seller must archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The parties will deem the seller's computerised registers proof of communications, orders, payments and transactions between the parties.
Texts, comments, images and illustrations contained on the seller's website are reserved under copyright in accordance with the intellectual property code.
The customer undertakes to abide by the legislation relating to intellectual property in the use he/she makes of the products purchased from the seller's website.
Reproduction, exploitation, redistribution or use for any purpose whatsoever, even partially, of the elements (software, visual or sound) of the seller's website is prohibited.
In accordance with the Act on data processing, data files and freedoms No. 78-17 of 6 January 1978, information of a personal nature relating to the purchasers may be the subject of automated processing.
The seller reserves the right to collect information on purchasers, including by using cookies, and, if he/she so wishes, to pass to business partners the information collected.
Customers may object to the disclosure of their details by notifying the seller.
Likewise, users have the right to access and rectify data concerning them, in accordance with the Act of 6 January 1978. The automated processing of information, including the management of email addresses of site users has been declared to the CNIL (French National Commission for Data Protection and Freedoms).
To exercise these rights, the customer must inform the seller by sending him/her a letter or email to the following address:
MAX VAUCHE PRODUCTION
22 Rue Jardin du Moulin 41250 BRACIEUX
Téléphone : 02 54 46 07 96
Fax : 02 54 46 47 70
The contracts concluded for the sale of the products presented on the seller's website are exclusively subject to French law and the use of the French language.
In the event of a dispute, jurisdiction is attributed to the Blois Commercial Court, notwithstanding a plurality of respondents or proceedings against the guarantor which may take the form of giving third-party notice.