Terms of sale
Article 1 – GENERAL CLAUSE
Sales of foodstuffs concluded between the company LC SALAISONS EN ARDECHE and its customers, i.e. acting for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity, and established in France (hereinafter the "Customers"), are subject to these general conditions of sale. The information and contact details for LC SALAISONS EN ARDECHE are as follows:
LC LC Salaisons in Ardèche
Legal form of business : Limited liability company
Share capital: €100,000
RCS number : 519 143 283 – R.C.S. AUBENAS
VAT number : FR92519143283
Head office : 55 montée des Aygas 07100 ROIFFIEUX (France)
Telephone number : +33 (0)4 75 33 03 22
E-mail address : lclcsalaisons.fr
Director of publication : Georges CHAMPEIX
Host: SERCO - POINTWEB
These general conditions of sale are available on the website www.leon-chaillot.fr (hereinafter the “Site”). LC SALAISONS EN ARDECHE reserves the right to modify these general conditions of sale at any time, the modifications then being applicable to orders placed after the posting on the Site of the modified general conditions of sale. Placing an order implies the Customer's full and unreserved acceptance of these general conditions of sale. No particular condition can, without formal and written acceptance by LC SALAISONS EN ARDECHE, prevail over these general conditions of sale. Any tolerance by LC SALAISONS EN ARDECHE, of any frequency or duration whatsoever, to the application of these general conditions of sale cannot be considered as a modification, deletion and/or express or tacit waiver of the clauses and obligations provided for herein.
Article 2 - INTELLECTUAL PROPERTY
Photo credits: Guillaume CARNIATO, CEG Studio photo, Getty Images
Article 3 - PRODUCTS
Article 4 - PLACEMENT OF ORDERS
Any order for Products may be sent to LC SALAISONS EN ARDECHE via the Site or by telephone using the contact details indicated in Article 1 above. To order on the Site, the Customer must:
1. if he wishes, create a personal account allowing him to be identified and to follow all of his orders for Products on the Site;
2. select the types and quantities of Products that will be placed in their virtual basket;
3. click on the "Order" button and provide the information necessary for identification, delivery and payment of the order;
4. check and validate the order, which will then be considered firm and final. This action demonstrates the Customer's commitment, knowledge and acceptance of these general conditions of sale and the purchase made. Both for online orders and by telephone, the Customer will receive by e-mail the confirmation of his order and the slip allowing him to exercise his right of withdrawal in accordance with article 10 below. Any order sent by the Customer is considered firm and definitive and cannot be canceled without the express agreement of LC SALAISONS EN ARDECHE.
Toute commande adressée par le Client est considérée comme ferme et définitive et ne peut être annulée sans l’accord express de LC SALAISONS EN ARDECHE.
Article 5 – DELIVERY AND RISKS
5.1. Delivery terms
Our Products are deliverable to the place agreed between the parties. They leave the factory of LC LC SALAISONS EN ARDECHE in perfect condition and in sufficiently careful packaging to reach the Customer intact. LC SALAISONS EN ARDECHE bears all the risks of loss or damage that the Products may suffer until they are delivered to the Customer. From the delivery of the Products to the Customer, the responsibility for the risks that the Products may suffer or cause is transferred to the Customer who has custody of them. In the event of damage or missing items on delivery noted in the presence of the delivery person, the report must be notified on the transport note and confirmed by registered letter within three (3) days to the carrier, by registered letter or extrajudicial document. A copy of this letter must be sent to LC LC SALAISONS EN ARDECHE, to the contact details indicated in article 1 above. However, if the Customer has not noted the damage or the missing item in the presence of the carrier, he has a period of ten (10) days to notify it, under the same conditions. In any case, the Customer has with regard to LC SALAISONS EN ARDECHE the legal guarantees referred to in Article 9 and in Appendix 1 below.
5.2. Delivery times
The Products are delivered within a maximum period of 12 days from the acceptance of the order by LC LC SALAISONS EN ARDECHE. Except in cases of force majeure, if the Products are not delivered within this period, the Customer may request in writing the resolution of the sale under the conditions and according to the methods of articles L. 216-2 and L. 216-3 of the French Consumer Code. Any modification of the order during the execution of the contract, accepted by LC SALAISONS EN ARDECHE, will necessarily lead to an extension of the delivery times, without the responsibility of LC SALAISONS EN ARDECHE being sought in this regard. In any case, delivery within the deadlines can only take place if the Customer has satisfied his obligations towards LC SALAISONS EN ARDECHE, in particular in accordance with these general conditions of sale.
Article 6 – VALIDATION OF AN ORDER
LC LC SALAISONS EN ARDECHE retains ownership of the Products sold until effective payment of the full price. Failure to pay any of the deadlines may result in a claim for the Products. These stipulations do not preclude the transfer to the Customer, upon physical delivery of the Products, of the risks of loss and damage to the Products sold as well as the damage that these Products could cause.
Article 7 – PRICE - PAYMENT OF THE PRICE
The prices of the Products are communicated to the Customer on the Site of LC LC SALAISONS EN ARDECHE which reserves the right to modify its prices at any time, it being understood that the orders of Products will be invoiced on the basis of the prices in force at the time of the registration of each order, as they will appear on the Site. The prices are denominated in euros and include all taxes. Transport costs are the responsibility of the Customer, unless otherwise indicated by LC LC SALAISONS EN ARDECHE communicated on the Site or on any other medium given to the Customer. The amount of the transport costs relating to the order is indicated to the Customer before he definitively validates his order. The fact of validating the order implies for the Customer the obligation to pay the price indicated. Payment for purchases made on the Site is made by credit card using the secure CIC French Banking system offered on the Site.
Article 8 – FORCE MAJEURE
The responsibility of a party cannot be called into question, for any reason whatsoever, in the event of non-performance, poor performance or partial performance of its contractual obligations, linked to an event of force majeure within the meaning of the article 1218 of the French Civil Code and French case law. Consequently, this party cannot be subject to penalties or claims of any kind whatsoever in the event of force majeure.
Article 9 – LEGAL GUARANTEES
The Products sold by LC LC SALAISONS EN ARDECHE comply with the legislative and regulatory provisions and standards applicable to them. The Products sold and delivered by LC SALAISONS EN ARDECHE automatically benefit from (i) the legal guarantee of conformity and (ii) the legal guarantee against hidden defects, in accordance with the provisions of articles L. 217-4 and following of the French Customer Code and articles 1641 and following of the French Civil Code. As part of the legal guarantee of conformity, the Customer is expressly informed of the fact:
- that he has a period of two (2) years from delivery of the Product to take action against LC SALAISONS EN ARDECHE;
- that he can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- that he is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product;
- that the legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Products.
As part of the legal guarantee against hidden defects, in addition to the legal provisions recalled in Appendix 2, the Customer is expressly informed that he:
- may decide to implement the guarantee against hidden defects rendering the Product unfit for its normal purpose in accordance with article 1641 of the French Civil Code;
- can choose in this case between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.
For the complete information of the Customer, the provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are fully reproduced in Appendix 1 of these general conditions of sale. To assert his rights, the Customer must inform LC SALAISONS EN ARDECHE by registered letter with acknowledgment of receipt, to the contact details referred to in Article 1 above, of any complaint concerning the aforementioned legal guarantees. Furthermore, LC SALAISONS EN ARDECHE cannot be held responsible on the basis of the liability for defective Products of articles 1245 and following of the French Civil Code, for damage caused to goods which are not used by the victim for his private use or consumption
Article 10 – WITHDRAWAL
10.1 Conditions for exercising the legal right of withdrawal
in accordance with the provisions of Article L.221-18 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) days from receipt of the Products by himself or by any third party that he will have designated, to exercise his right of withdrawal without having to justify reasons or to pay a penalty. To be able to validly and effectively exercise this right of withdrawal, the Customer must, before the expiry of the aforementioned period of fourteen (14) days, notify LC SALAISONS EN ARDECHE according to the contact details referred to at the top of this document, its decision to withdraw by means of the withdrawal slip. The withdrawal slip is reproduced in Appendix 2 of these general conditions of sale and communicated to the Customer in the order confirmation email. The withdrawal slip can be sent by registered letter or by e-mail, to the contact details referred to in Article 1 above.
10.2 Products Return
Returns of Products must be made in their original condition and complete (packaging, entire Product). In this context, the responsibility of the Customer is engaged. Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal. Returns of Products must be made without undue delay and, at the latest, within fourteen (14) days following the day of communication of the decision to withdraw. Return costs are the responsibility of the Customer.
In the event of applying of the right of withdrawal in accordance with the aforementioned stipulations and the legal provisions, LC SALAISONS EN ARDECHE will reimburse the Customer for all sums paid, including delivery costs, with the exception of additional costs arising from the fact that the Customer will have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by LC SALAISONS EN ARDECHE. In addition, it is expressly reminded that this reimbursement does not include the direct costs and costs related to the return of the Products, borne by the Customer in accordance with article 10.2 above. LC SALAISONS EN ARDECHE will reimburse the sums paid without undue delay and, at the latest, within fourteen (14) days following the day on which it is informed of the Customer's decision to withdraw. The Customer is expressly informed of the fact that LC SALAISONS EN ARDECHE reserves the right to defer reimbursement until receipt of the Products for shipment of the Products, the date chosen being that of the first of these facts. LC SALAISONS EN ARDECHE will reimburse the sums via the method of payment used by the Customer, it being understood that this reimbursement will not incur any costs for the Customer.
10.4 Exceptions to the right of withdrawal
In accordance with the provisions of article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to:
- The supply of goods liable to deteriorate or expire rapidly.
- The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
- The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items.
APPLICABLE LAW - JURISDICTION - DISPUTE
Any question relating to these general conditions of sale, as well as to the sales they govern, which would not be dealt with herein, will be subject to the provisions of French law, to the exclusion of the Vienna Convention of April 11 1980 on the International Sale of Goods. Any complaint relating to the sale of the Products must be sent by the Customer by registered letter with acknowledgment of receipt to the customer service of LC SALAISONS EN ARDECHE, at the address mentioned in article 1 above. If he does not obtain satisfaction, following the complaint addressed, the Customer is expressly informed of the possibility he has of submitting the dispute he encounters under these general conditions of sale and/or the sales which result in a free mediation procedure. The mediator appointed by LC SALAISONS EN ARDECHE to submit these disputes is the following: Mediator of the trade and distribution federation (FCD) https://mediateur.fcd.fr. This mediation procedure, which is not a mandatory prerequisite before the introduction of a dispute, aims only to try to bring the parties together with a view to reaching an amicable solution. Consequently, it is expressly reminded that LC SALAISONS EN ARDECHE, like the Customer, remains free to accept or refuse the solution proposed by the mediator. In the absence of an amicable resolution, the dispute may be brought by the most diligent of the Parties before the French competent courts.