Between the company SAPRE MAYOUSSE, 350 les mousanguères et Pâte, 26190 Saint-Jean-en-Royans, France, with social capital of 5000€, registered in the Romans-sur-Isère Trade and companies register under number 750 987 562, SIRET number 750 987 562 000222, represented by M. Franck Nublat in his capacity as manager, duly authorized for the purpose here. The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter the "seller" or the "company"
On the one hand, And the natural or legal person making the purchase of products or services of the company, Hereinafter, the "Buyer", or "Customer" On the other hand, it has been explained and agreed the following:
ARTICLE 1 : scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by "The company SAPRE MAYOUSSE" ("the Seller") to consumers and non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Seller (“The Products”) on the website “http://passion-guyane.fr”.
In particular, they specify the conditions for ordering, payment, delivery and management of any returns of the Products ordered by the Customers.
The Products offered for sale on the website " http://passion-guyane.fr " are the following :
-Natural seed jewellery including necklace, bracelet, earring, Handmade fan, Natural cosmetics including oils and butters, this list is likely to evolve according to the opportunities presented, the seller will update this description.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website" http://passion-guyane.fr".
The Customer is required to take note of it before any order is placed.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website " http://passion-guyane.fr " are not contractual and cannot be held liable by the Seller.
The Customer is required to refer to the description of each product in order to know its properties and essential particularities.
The offers of Products are understood within the limit of available stocks, as specified during the placing of the order.
The seller’s contact details are as follows:
« Company SAPRE MAYOUSSE
350 chemin de Mousanguère et Pâte
26190 ST JEAN EN ROYANS
These General Terms and Conditions apply to the exclusion of all other terms and conditions.
These General Terms and Conditions of Sale are accessible at any time on the website" http://passion-guyane.fr " and will prevail, if applicable, over any other version or other contradictory document.
The Customer declares to have read these General Terms and Conditions of Sale, and if applicable the Special Terms and Conditions of Sale related to a product or service, and have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure and the general conditions of use of the website "http://passion-guyane.fr".
These General Terms and Conditions of Sale may be modified later, the version applicable to the purchase of the Customer is the one in force on the website on the date of placing the order.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection and Freedoms Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which entered into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, of opposition, erasure and portability of all his personal data by writing, by post and justifying his identity, to
« Company SAPRE MAYOUSSE
350 chemin de mousanguère et Pâte
26190 ST JEAN EN ROYANS
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Products presented on the website " http://passion-guyane.fr " are offered for sale for the following territories: Metropolitan France Overseas and European Union
In case of order to a country other than metropolitan France, the Customer is the importer of the Products concerned.
For all Products shipped outside the European Union, the price will be calculated without taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be the sole responsibility of the Customer.
These General Terms and Conditions of Sale shall remain in force for the period necessary for the supply of the Goods and Services, until the termination of the guarantees and obligations due by the Seller.
Changes to these General Terms and Conditions of Sale are binding on users of the website “http://passion-guyane.fr” from the time they are posted online and may not apply to previously concluded transactions.
ARTICLE 2 : orders
It is the Customer’s responsibility to select the Products he wishes to order on the website " http://passion-guyane.fr " in accordance with the following terms:
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete his order.
However, the steps described below are systematic: Information on the essential characteristics of the Product;Choice of the Product, if any of its options and indication of the Customer’s essential data (identification, address, etc.) ;Acceptance of these General Terms and Conditions of Sale.Verification of control elements and, if applicable, correction of errors.Follow-up of instructions for payment, and payment of products.Delivery of products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. . He will receive a copy. pdf of these general conditions of sale. For the delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of the proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The contractual information is presented in English and is confirmed at the latest when the order is validated by the Customer.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will not be considered final until after the confirmation of acceptance of the order by the Seller has been sent to the Customer by e-mail and after receipt by the Seller of the entire price.
For orders placed exclusively on the internet, the registration of an order on the Service Provider’s website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validating his order. The Customer has the possibility to check the details of his order, his total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to check the accuracy of the order and to report any error immediately.
Any order placed on the website " http://passion-guyane.fr " constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the website " http://passion-guyane.fr".
The Seller is not intended to sell the Products on the website " http://passion-guyane.fr" to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and with more than "10".
ARTICLE 3 – rates
The Products are provided at the rates in effect shown on the website " http://passion-guyane.fr", when the Seller registers the order. The prices are expressed in Euros, excluding VAT and VAT, and excluding specific shipping costs.
The rates take into account any discounts that may be granted by the Seller on the website « http://passion-guyane.fr ». For promotions made on the site, it is indicated the reference price (crossed-out), and the new price to be paid (except in case of technical concern independent of our will).
These rates are binding and not reviewable during their validity period, as indicated on the website " http://passion-guyane.fr", the Seller reserves the right, outside this validity period, to change the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website " http://passion-guyane.fr " and calculated prior to placing the order.
We strive to display the correct prices on the website, but to prevent a possible error we will validate the total amount when processing your order. If we are unable to provide an item you have ordered or if the price is incorrect, we will advise you upon receipt of your order. In this case you can cancel it and we will refund you in full if you have already made the payment.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
SAPRE MAYOUSSE specifies that offers are valid only within the limits of available stocks.
Any specific orders of the Customer may be considered. If necessary, they will be the subject of an estimate previously accepted by the latter. The quotations drawn up by the Seller are valid for a period of "1 month", from the date of their establishment.
The quotation order is considered accepted only after the payment of the entire amount of the order.
An invoice is drawn up by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 4 – payment terms
The price is payable in cash, in full on the day of the placing of the order by the Customer, including for the products in pre-order, by secure payment, according to the following terms:
By credit cards: Visa, MasterCard, American Express, other credit cards
Payment data is exchanged in encrypted mode.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. Once the payment is launched by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing its banking information at the time of the sale, the Customer authorises the Seller to debit its card the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to make use of it. In case of error, or inability to debit the card, the Sale is immediately resolved as of right and the order is cancelled.
ARTICLE 5 – deliveries
The Products ordered by the Customer will be delivered in metropolitan France (and in the following countries of the European Union) within a shipping time indicated on the order to which is added the processing and forwarding time - at the address indicated by the Customer when ordering on the website " http://passion-guyane.fr". The Customer is solely responsible for a Delivery defect due to a lack of indication during the Order.
Delivery consists of the transfer to the Customer of the physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the aforementioned deadlines. However, these deadlines are provided for information purposes only. However, if the Products ordered have not been delivered within "48 hours" after the indicative delivery date, for any reason other than force majeure or the Customer’s action, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of denunciation of the contract, excluding any compensation or withholding.
In the event of a special request from the Customer concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional billing, on a quotation previously accepted in writing by the Customer.
ARTICLE 6 – transfer of ownership – transfer of risk
Regardless of the date of the transfer of ownership of the Products, the transfer of the risk of loss and damage relating to them will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s own risk.
The Buyer may make any claim by contacting the company using the following contact details
By mail to the following address : 350 Chemin de Mousanguère et Pâte, 26190 SAINT-JEAN-EN-ROYANS, France
By phone : +334 75 71 93 80
By email to the following address : [email protected]
references to them in relation to the offer accepted or the confirmation of the order by the seller, must be sent to the seller by registered mail with acknowledgement of receipt within 48 hours of receipt of the goods, without neglecting, if necessary and in accordance with Article 5 of these General Terms and Conditions of Sale, the remedies against the carrier failing which the right of claim of the buyer shall cease to be acquired. Any return of goods requires the prior agreement of SAPRE MAYOUSSE which can be obtained via the page «a propos» available via the following URL:
http://www.passion-guyane.fr/PBCPPlayer.asp?ID=1995425 of the site Passion-guyane. In the absence of a return agreement, the goods will be returned to you, at your own expense, risk and risk, all costs of transport, storage and handling being at your expense. After obtaining the return agreement, the Buyer has a period of five clear days to return the defective goods to SAPRE MAYOUSSE.
ARTICLE 7 – right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days (at least 14 days following the communication of the decision to withdraw) following notification to the Seller of the Customer’s decision to withdraw.
However, there are exceptions to the right of withdrawal which the law lists (C. consom. art. L 221-28) for example, supply of goods made up according to the specifications of the consumer, supply of goods likely to deteriorate or perish rapidly; supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Returns are to be made in their original state and complete (packaging, accessories, instructions...) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not included.
The right of withdrawal may be exercised online by contacting the Société SAPRE MAYOUSSE by e-mail at the following address «[email protected]» or by telephone at +3184.108.40.206.80, using the withdrawal form available on the website http://passion-guyane.fr, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the willingness to retract.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products purchased and the delivery costs are refunded; the return costs remain at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days (up to 14 days) from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – seller-s liability – warranty
The Products sold on the website " http://passion-guyane.fr" comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products provided by the Seller shall be entitled to the benefit of the Seller without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions,
-the legal guarantee of conformity, for the Products apparently defective, damaged or damaged or not corresponding to the order,
-the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use, under the conditions and in accordance with the procedures referred to in the box belowbelow and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity/ Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer
-benefits from a period of two years from the issue of the property to act against the Seller;
-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;
- is exempt from reporting proof of the existence of the non-conformity of the Product during the six months following the issue of the Product. This period is extended to 24 months from March 18, 2016, except for used goods.
The legal guarantee of conformity applies regardless of the commercial guarantee that may cover the Product.
The Customer may decide to implement the warranty against hidden defects Product in accordance with article 1641 of the Civil Code; in this case, it may choose between the resolution of the sale or a reduction of the selling price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products or the existence of hidden defects within the deadlines belowabove and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions...).
Seller shall refund, replace or cause to be repaired any Products or parts under warranty that are found to be non-compliant or defective.
The shipping costs will be refunded on the basis of the rate invoiced and the return costs will be refunded upon presentation of the proof.
Refunds of Products found to be non-compliant or defective will be made as soon as possible and at the latest within "Number" days following the Seller’s finding of the lack of conformity or hidden defect.
The refund will be made by credit on the Customer’s bank account or by bank cheque addressed to the Customer.
The Seller cannot be held liable in the following cases:
-non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
-in case of misuse, use for business purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear and tear on the Product, accident.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are not compliant or affected by a defect.
ARTICLE 9 – French Data protection
Pursuant to Law 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the drawing up of invoices, in particular.
This data may be communicated to any Seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of the information communicated via the website " http://passion-guyane.fr " meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition of portability and limitation of the processing with regard to the information concerning him.
This right may be exercised under the conditions and in the manner defined on the website "http://passion-guyane.fr".
ARTICLE 10 – intellectual property
The contents of the website " http://passion-guyane.fr " are the property of the Seller and its partners and are protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.
In addition, The Seller shall retain ownership of all intellectual property rights in photographs, presentations, studies, designs, models, prototypes, etc., made (even at the Customer’s request) for the provision of the Services to the Customer. The Customer is therefore prohibited from any reproduction or exploitation of said studies, designs, models and prototypes, etc, without the express, written and prior authorization of the Seller who can condition it to a financial consideration.
ARTICLE 11 – applicable law – language
These General Terms and Conditions of Sale and the resulting transactions are governed by and subject to French law.
These General Conditions of Sale are written in French. Where they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 – dispute
Any disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, as regards their validity, interpretation, performance, their termination, consequences and which could not have been resolved between the seller and the customer will be submitted to the competent courts in the conditions of common law.
The Client is informed that it may in any case resort to conventional mediation, in particular with the Commission of consommation’s mediation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, and whose references appear on the website "Indicate the website" or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 13 – pre-contractual information – customer acceptance
The fact for a natural person (or legal entity), to order on the website " http://passion-guyane.fr " implies full acceptance and acceptance of these General Conditions of Sale and obligation to the payment of the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable to the Seller.
ARTICLE 14 – fortuitous event
The performance of the Seller’s obligations hereunder shall be suspended in the event of the occurrence of an accidental event that would prevent its performance. The seller will inform the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – nullity and amendment of contract
If one of the stipulations of this contract is cancelled, this nullity would not lead to the nullity of the other stipulations which will remain in force between the parties. Any contractual amendment shall be valid only after a written agreement signed by the parties.
ANNEX I :
- Provisions relating to statutory guarantees
Article L217-4 of the French Consumer Code
The seller is obliged to deliver goods in accordance with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the French Consumer Code
To comply with the contract, the property must:
-Be specific to the usual intended use of a similar asset and, if applicable:
-correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
-present the qualities that a buyer can legitimately expect with regard to public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling
-Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the French Consumer Code
The action resulting from the lack of conformity is prescribed after two years from the issue of the good.
Article L217-16 of the French Consumer Code
Where the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any fixed period of at least seven days is in addition to the remaining term of the warranty. This period shall run from the date on which the buyer applies for assistance or the date on which the property in question is made available for repair, if this is after the date on which the request for assistance was made available.
Article 1641 of the French Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1648-1 of the French Civil Code
The action resulting from the disadvantages must be brought by the purchaser within two years of the discovery of the defect.
ANNEX II :
- Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on "Indicate the website" unless excluded or limited to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
To the attention of
« Company SAPRE MAYOUSSE
350 chemin de mousanguère et pâte
26190 SAINT JEAN EN ROYANS
I hereby notify the withdrawal of the contract relating to the order for the following services:
-Ordering of the "Date"
-Order number: ...........................................
-Customer Name: .........................................................
-Customer Address: .................................................
Signature of the Customer (only in case of notification of this paper form):