GENERAL INTERNET SALES TERMS
Article 1: Definitions and acceptance of the general terms of sale.
The present e-commerce website (hereafter referred to as the "Website"), of which the electronic address is: http://www.fromages-de-terroirs.com is published by the company L’Association Fromages de Terroirs, the registered office of which is located at 23 rue Greneta, 75002 Paris registered in the Trade and Company Register of Paris under the SIRET number 451 464 085 00013
The telephone number(s) of the company is/are as follows: 01 42 76 96 82.
L’Association Fromages de Terroirs is an association constituted under the law of 1901, the registered office of which is located at 23 rue Greneta 75002 Paris and registered in the Trade and Company Register of Paris under the SIRET number 451 464 085 00013.
L’Association Fromages de Terroirs, referred to as the "Association" in the text of the present agreement, handles the retail sales, including via the Website, of the "From’Girls" calendars which are presented on the website (in the "Order now!" section of the menu), to private individuals or companies, in their capacity as end clients.
The Association provides surfers visiting the Website with free access to an online ordering and payment system, subject to the observance by each of the Website’s clients (hereafter referred to as a "Client") of the present General Terms of Sale.
Orders placed via the Website, and all related services, are subject without exception to the present General Terms of Sales. These terms represent the entirety of the reciprocal obligations existing between the Association and the Client, who expressly accepts them.
Article 2: Products marketed on the Website.
In compliance with article L. 111-1 of the Consumer Code, prior to placing his order the Client may familiarise himself via the Website with the essential characteristics of the product(s) he wishes to order by clicking on the Product.
The Association expressly reserves the right to add new Products at any time, to delete all or part of the Products presented in the calendar catalogue, to change their presentation or to cease marketing them via its Website, with no requirement to inform the Client of this in advance.
Article 3: Information accessible on the Website and the Company’s liability limitations concerning this information.
The Association takes great care when publishing the information and data made available free of charge on the Website and when updating these.
The Association may not be considered liable: - For any interruptions or delays experienced on the Website due to the performance of maintenance work, to technical breakdowns, to force majeure incidents, to third parties or to any circumstances out of its control; - If it temporarily becomes impossible to access the Website due to factors outside its control, such as interruptions with the Internet network or problems with the Client’s Internet reception equipment.
Article 4: Orders.
The placing of orders for the calendar(s) proposed on the Website implies express consultation and acceptance of the present General Terms of Sale, with no requirement for this acceptance to be subject to a handwritten signature on the part of the client.
The acceptance of orders via the Website is subject to the procedure described below being strictly followed. This is confirmed online via a succession of screens featuring the different phases followed by the Client to confirm his order with the Association.
The orders are placed online, via the Website’s order form (click on: "Order now!").
The Client agrees that the information supplied to the Association is complete, exact and up-to-date. In the event of incomplete or inaccurate information being provided, the Association reserves the right to purely and simply cancel the order and the payment.
The order may be placed for delivery to a delivery address which is different from the invoicing address. The Association reserves the right to refuse or cancel any order from a Client with whom it is in dispute with regard to a previous order.
All Corporate Clients wishing to make a bulk purchase are invited to contact the Association on 01 42 76 96 82 (standard rate call). Under no circumstances may Corporate Clients make a bulk purchase and benefit from the same advantages as those of an individual Client, particularly concerning purchasing conditions.
The Company reserves the right to refuse or cancel the order if it considers that the Client is carrying out the distribution of, or performing an economic activity thanks to the product thus ordered, or for any other legitimate reason.
In compliance with the data protection act of January 6, 1978, the Client has a right to access, modify, rectify and delete any personal data concerning him. To exercise this right, he should contact the Association by writing to the following address: Association Fromages de Terroirs - Maison des Associations - Boîte N° 24 - 23 rue Greneta 75002 Paris or contact it by e-mail sent to contact@fromages-de-terroirs.com.
On the order form, the Client must enter and confirm the identification and quantity of the calendars being ordered (the availability of which is to be confirmed by the Association where applicable), in addition to the purchase prices (also to be confirmed by the Association where applicable). For strictly retail sales, the quantity of the same reference that a Client may order is automatically limited to 50 copies. For further information, please contact us on 01 42 76 96 82 (standard call rates apply).
Online Clients are free to fill out their orders, to delete items which they no longer wish to purchase, to modify the quantities ordered or add a product by clicking on the corresponding buttons.
The Client must then approve the invoicing address and the delivery location, in addition to the chosen payment method: bank card or cheque.
Once all of this information has been correctly entered and confirmed, the Client clicks on the "Confirm" button and his order form is transmitted directly to the Association or to the PayPal payment organisation.
The orders become binding upon the Client the moment the Association receives the "Order form", duly completed and confirmed by the Client by clicking on the "Confirm" button.
The order will then only be delivered in compliance with the conditions of article 9 once payment in full for the order has been received and cashed by the Association in accordance with the terms of article 8.3.
Article 5: Right of withdrawal
In compliance with article L. 121-20 of the Consumer Code, the Client has a period of seven working days as from the date on which his order is received to return (at his own cost) any Product which does not meet his needs, in accordance with the procedure described in article 11.1 below.
In order to enable the Company to track the withdrawal request as effectively as possible within its system, Clients are strongly advised to announce that they are invoking their right of withdrawal by e-mail (via the "Contact us" section of the Website) or by registered letter with proof of receipt, sent to the following address: Service Client - Association fromages de Terroirs - Maison des Associations - Boîte N°24 - 23 rue Greneta 75002 Paris, clearly and legibly stating their contact details and order references.
In conformity with the terms of article L 121-20-1 of the Consumer Code, when the Client exercises his right of withdrawal and returns the Products, the Association is required to issue him with a refund of all sums paid, including the initial carriage costs, as soon as possible following the receipt of the returned order and at the latest within the 30 days following the date on which this right was exercised, via any means of payment. The Association will offer the Client a refund of the sums payable using the payment method agreed with the Client or in the form of a credit note.
Except in cases in which the provisions of article 11.2 below apply, (concerning returns of Products affected by anomalies or reference errors) all returns of Products to the Company outside the deadlines for the application of the right of withdrawal will be refused. The Products will then be returned to the Client and no refund will be issued.
Article 6: Proof of orders.
Generally speaking, it is expressly agreed between the Association and the Client that e-mails will be considered a valid form of communication between the parties, as will the automatic recording systems used on the Website, including with regard to the nature and date of the order.
Article 7: The modification of orders.
Any modification to the order requested by the Client will only be taken into consideration if this request reaches the Association by e-mail before the Products are shipped.
Article 8: Prices, invoicing and payment.
8.1 - Prices The prices shown on the Association’s website are valid with the exception of carriage costs which may be modifiable without notice, subject to increases in postal tariffs.
8.2 - Invoicing An invoice may be issued upon request. All complaints concerning invoices must be notified to the Association by e-mail within the 10 days following their receipt (via the Website’s "Contact us" section). Failing this, they will be considered as being unreservedly accepted. The possible incomplete delivery of an order may not be used as grounds to justify refusal to pay for the delivered Products. No dispute or litigation between the Client and the Association may be used as grounds for suspending payment of the uncontested portion of the invoice.
8.3 - Payments
8.3.1 - Electronic payments Electronic payments can be made after clicking on "Payment by PayPal". The transaction is then completed by the Client in compliance with banking security standards. Thanks to the technical characteristics of the encryption software used on the Website, the bank details (the bank card number and its expiry date) supplied by the Clients may not be intercepted by third parties. Consequently, none of this information transits via or is stored on the Internet. When supplying his bank details, the Client unconditionally accepts in advance that the Association may carry out the secure transaction. The Client therefore authorises his bank in advance to debit his account upon receipt of the records or statements transferred by the Association, even in the absence of invoices signed by hand by the cardholder. The authorisation to debit the Client’s account is always issued for the sum purchased as invoiced by the Association.
Online payments will be made via a secure bank payment system which is certified by a Certification Authority.
The Client must supply his bank details by completing the form provided for this purpose online.
The order will only be shipped when payment in full has been received and cashed by the Association.
8.3.2 - Payment by cheque, sent by post Payment at the time of order is required by the Association. The Products will only be shipped when the Client’s cheque has been received and cashed.
After having placed the order by clicking on the "Confirm" button on the order form which the Client should have carefully completed and verified, the Client should send the Association his payment by post to the address shown below, within the seven days following the order, taking care to ensure that the totals match. Upon expiry of this deadline, the order will be automatically cancelled.
Cheques must be sent to the following address accompanied by the order form summary which the Client should have printed out beforehand: Association fromages de terroirs Maison des Associations - Boîte N°24 23 rue Greneta 75002 Paris
The order will only be shipped when payment in full for the order has been received and cashed by the Association.
8.3.3 -Verifications for fraud prevention purposes Please refer to the Paypal general terms of use: www.paypal.fr
8.3.4 - IT Law In compliance with the law of January 6, 1978 concerning computer systems, files and personal freedom, modified in August 2004, Association fromages de terroirs Maison des Associations - Boîte N°24 23 rue Greneta 75002 Paris ...has declared to the Commission Nationale de l’Informatique et des Libertés (the French Data Protection Authority), the automated processing of personal data, of which the main end purpose is: CUSTOMER ADMINISTRATION.
Article 9: Deliveries
9.1 - Delivery terms
Deliveries will be made throughout mainland France and internationally.
The delivery will be carried out by the haulier selected at the time the Client placed his order:
- "Lettre verte" - Coliposte: to the point of delivery. The Client or other recipient of a parcel will receive his delivery from the delivery man of the company Coliposte. In the event of absence, a transit advice note will be left for the Client or other recipient of the parcel. This will enable him to collect the ordered products from the post office mentioned on the transit advice note during a period of 15 days. After this deadline, the parcel will be returned to the Association who will issue a refund for the order after deduction of the carriage costs.
Deliveries are only made according to availability and in the order of arrival of the orders. If stock is unavailable for one of the ordered products, unless immediately instructed otherwise by the Client, the Association will carry out a partial delivery of the order. Generally speaking, orders cannot be cancelled due to an item being out of stock.
9.2 - Deadlines/lead time
For all orders confirmed via the Website between Monday and Friday (excluding public holidays) before 11 AM, the preparation of the order will take place within the next 48 hours, subject to available stock.
The delivery lead times following the confirmation of the order will then be as follows: "Lettre verte" and Coliposte: less than or equal to 8 working days. Nevertheless, the Association may not be considered liable for any delays incurred due to strikes or poor weather.
In the event of an exceptional stock shortage occurring, the Client will be informed of this by e-mail or telephone. The Association will then offer the Client the possibility to accept a partial delivery with a refund of the purchase price of the calendar or calendars remaining undelivered.
The Association will also keep the Client informed within a reasonable period of time of all force majeure incidents and events likely to disrupt the delivery process for the ordered Product.
No compensation or penalties for late delivery may be claimed by the Client from the Association regardless of the direct or indirect causes and consequences.
Article 10: Reception and acceptance of the Products.
It is the responsibility of the Client or other recipient of the parcel to immediately check the conformity and integrity of the shipped products at the time of reception. Generally speaking, all reservations or observations written on the delivery notes must be thorough and precise. Among other things, they should precisely define the damage or loss, mentioning the order number.
Article 11: Returning Products.
11.1 - Returning Products following the invocation of the right of withdrawal (as provided for in article 5).
11.1.1 - Methods In the event that Products are returned in application of the right of withdrawal as provided for in article 5 above, the Client must follow the Product Return procedure detailed hereafter.
The Products concerned must imperatively be returned by the Client complete, in perfect condition and in their original packaging, placed in a new, blank carton clearly displaying the initial order number. Any product which has been damaged, making it unsuitable for resale will be neither refunded, taken back nor exchanged.
The Association reserves the right to refuse any returns which do not comply with the above-mentioned conditions.
The Association will not accept any parcels sent to it on a carriage forward or cash-on-delivery basis.
In order to avoid any disputes, Clients wishing to exercise their right of withdrawal are strongly advised to return their Products in conditions similar to those of the initial shipment (i.e. Coliposte Suivi tracked parcel post from LA POSTE), with a declared value corresponding to the price of the initial order, and to retain all proof of shipment (parcel number) until a full refund for their order has been received.
11.1.2 - Consequences All returns accepted by the Association following the verification of the quality and quantity of the returned Products will result in the issuing of a refund for the Products in accordance with the conditions detailed in article 5.
Article 12: Liability limitations
If the Association is found to be liable following the non-performance or unsatisfactory performance of its services, it expressly agreed that the total compensation payable may not exceed a sum equal to the price of the Product which is the source of the loss or claim.
Article 13: The intellectual and industrial property rights held by the Association.
The Association holds a site license for the Website, which remains the exclusive property of the Association Fromages de Terroirs 23 rue Greneta 75002 Paris, which has created and published online the webpages, images and source scripts, in addition to the basic data comprising the Website. Consequently, the Client agrees that he will not broadcast, circulate or reproduce the Website wholly or partially in any form whatsoever. For its part, the Association manages the From’Girls calendar on behalf of its owner and author Véronique Richez-Lerouge. The Client therefore recognises and acknowledges the Association’s exclusive rights to the calendar and agrees that he will not make any use of them or more generally in any way adversely affect or infringe the author’s intellectual and industrial property rights. The Association reserves the right to seek compensation in the event of infringement, counterfeiting, and more generally any infraction concerning its intellectual and industrial property rights.
Article 14: Dispute resolution - Applicable law.
Any dispute concerning the conclusion, interpretation, performance or termination of the contract concluded between the Association and the Client, even in the event of the introduction of third parties or multiple defendants, will, in the absence of an amicable settlement, be considered the exclusive competence of the courts of the locality in which the defendant resides, or of the jurisdiction for the actual place of delivery of the item concerned. All dealings between the Association and the Client are subject to French law.
Article 15: Data protection (the law of January 6, 1978)
The Client’s personal data (last name, first name, company name, job title, e-mail and geographical addresses, telephone and fax numbers, bank information, etc) are collected by the Association in order to optimise the management of orders, deliveries and invoices, and in compliance with the terms of the Loi Informatique et Libertés (data protection law) number 78-17 of January 6, 1978. The information which must obligatorily be entered by the Client to be able to place his order is identified online by means of asterisks. At all times, the Client has a right to access, modify, rectify and delete the personal information concerning him, collected by the Company. In order to exercise this right, the Client may, at his own choice, either send an e-mail (via the "Contact us" section of the Website) or write to the Association at the following address: Association Fromages de Terroirs - Maison des Associations - Boîte N°24 - 23 rue Greneta 75002 Paris
By placing an order via the Website, the Client grants his consent to use the personal data gathered during the ordering process and entered in the Association’s customer file for invoicing purposes. The Association will store this information for a period of two years after the placing of the order, via computerised means. Furthermore, the Association may use the personal data concerning the Client in order to send him sales offers likely to interest him. In application of the data protection law, the Client nevertheless has a right to oppose the reception of unsolicited sales material by e-mail, by writing to: Association fromages de terroirs - Maison des Associations - Boîte N°24 - 23 rue Greneta 75002 Paris.
The Association agrees that it will not transmit the personal data supplied by the Client to commercial partners.
Article 16: Customer Service
Via its Website, the Association provides the Client with access to a Customer Service Department in order to answer any questions and comments which the Client may have when using the Website.
The Customer Service Department is contactable:
- By email: via the "Contact us" section of the Website By telephone: 01 42 76 96 82 By post: Association fromages de terroirs - Maison des Associations - Boîte N°24 - 23 rue Greneta 75002 Paris
Article 17: Non-waiver of rights
The fact that the Association may at a given moment decide not to insist on the performance of any of the clauses or provisions of the present General Terms of Sale may not be interpreted as a renunciation of its right to subsequently invoke the said total or partial non-performance.
Article 18: Validity of the General Terms of Sale
If any of the clauses or provisions of the present General Terms of Sale are declared wholly or partially null and void, the other provisions, rights and obligations arising as a result of these General Terms of Sale will remain unchanged and will continue to apply.
Article 19: Access to the General Terms of Sale
The latest version of the Association’s General Terms of Sale is continuously accessible online by the Client. To do so, the Client should click on the "Terms of Sale" link, where he may consult the complete version of the said General Terms of Sale.
The Client may also obtain this document by writing to the Association at the following address: Association Fromages de Terroirs - Maison des Associations - Boîte N°24 - 23 rue Greneta 75002 Paris