Identification
| General terms and Conditions of sale |
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General terms and Conditions of s 1- OBJECT The object of these General terms and conditions of 2- GENERAL PROVISIONS All orders imply on the part of the customer, or the above-mentioned site user, the unconditional acceptance of these general sales conditions. Any terms and conditions of the customer which are at variance with or deviate from these General Terms and Conditions shall not apply unless we give our explicit written agreement, not binding upon the company, to them in any particular case. Performance of a contract without reservation by us, despite our having knowledge of customer's terms and conditions which are at variance with or deviate from these now being set forth, shall not be interpreted as implying any later acceptance on our part of such terms and conditions of the customer. At any time, AGRO'NOVAE DEVELOPPEMENT may be obliged to modify certain provisions of the general sales conditions. Consequently, the customer must make himself familiar with the current version, on the day of ordering on the Site. These modifications are binding upon the customer from the moment of being put on line, and will be applied to any orders after this placing on-line. Each purchase on the Site is subject to all the clauses of the general conditions applicable on the date of the order. The customer can only validate his order after having read and accepted these general conditions and having accepted them by ticking the icon dedicated to this. Validation of the order by the customer by means of the "validation click", has the same effect as the customer’s written signature. The French language takes precedence when using the www.comtes-de-provence.com site. By validating these general sales conditions before confirming his order, the customer declares that he has the legal capacity to concluding a contract according to articles 1123 and following of the Code Civil. 3- INFORMATION RELATIVE TO ITEMS The presence of an item on the site does not guarantee its availability on the stock, and may necessitate its manufacture. The photographs and texts which illustrate the items are only given as an indication, and do not enter into the field of the contract. Consequently, even though they are represented on the site with great accuracy, the photos and texts may, however, contain errors. In this case, AGRO'NOVAE DEVELOPPEMENT may not be held responsible. The offers of products and prices are valid as long as they are visible on the site. In the case of a gift not being available, AGRO'NOVAE DEVELOPPEMENT reserves the right to send the customer a gift of higher or similar commercial value. 4- Offers made by our agents or salesmen, by phone or email, and those offered on our web site, only represent a commitment on our part if they have been confirmed in writing. The benefit of the order is personal to the customer and cannot be sold without AGRO'NOVAE DEVELOPPEMENT’s agreement. No cancellations, either total or partial, of orders can be accepted, except in the case of an exceptional written agreement by AGRO'NOVAE DEVELOPPEMENT, and except in the application of article 9. Our offers have no commitment in time or price; our goods are always invoiced according to the price in effect on the day of delivery. Except in the case where a formal written exception is granted (on the order or delivery form and on the invoice), our sales are carried out for goods taken and accepted ex works (takeaway price). The prices indicated on the site, are takeaway prices, in Euros and tax inclusive (French VAT inclusive). Any modifications, either of the rate, or of the nature of fiscal and non-fiscal taxes to which our sales are subject, are, from their legal date of application, passed on to the price already given to our customers, and those orders in the process of being delivered. The prices shown may be modified at any time by AGRO'NOVAE DEVELOPPEMENT. The data communicated by the customer and recorded on the site, during the order, are proof of the transactions between AGRO'NOVAE DEVELOPPEMENT and the customer. Following validation of the order by the customer, AGRO'NOVAE DEVELOPPEMENT will send a confirmation email to the customer to notify him that the order has been registered, and will send him, by any means, an order confirmation detailing all the agreements made between the two parties. AGRO'NOVAE DEVELOPPEMENT reserves the right to refuse to carry out a delivery, or to honour an order in the case where the customer has not paid totally, or in part, a previous order, or in the case of a payment dispute remaining. 5- TIME LIMIT In the case where no mention is specified, and in the case of a delivery to be carried out, the availability time is 8 weeks. After shipping, no delay in the transport of our goods may be chargeable to us, the communicated times are only indicative, except in the case of formal commitment on our part. However, the availability time in our works specified to individuals for the sale of current manufactured products is firm. It will be mentioned on the order confirmation sent to the customer. Respect of the delivery times that we give is nevertheless subject to the absence of any case of force majeure, to the absence of any fault on the part of the buyer, specifically the non-observation of the conditions of payment stipulated at the time of the order, or the non-communication of the necessary details for its fulfilment. In the event that after the availability of the products, the pick up or delivery date, or installation, was postponed by the customer, the products will be considered as delivered at the date of availability, and invoicing would be carried out on this date. As a consequence, the balanced outstanding will be immediately be due. Moreover, following availability, the products may remain in our warehouses for one month at our expense. But when this time limit expires, and after a simple formal notice to take possession of the goods by registered letter with acknowledgement of receipt, the company would have the right to invoice the customer for the cost of storage in our workshops. By express agreement no late fee penalties can be charged to us. In all eventualities, delivery in the time limit can only be carried out if the customer is up to date with his obligations towards the seller, whatever the cause. 6- SHIPPING ARRANGEMENTS Shipping costs will be established on quotation by the sales department, and will be communicated to the customer at the moment of validating the order. The products are delivered, if this is the specific request of the customer, to the address indicated at the moment of entering the order. The customer agrees to be present at the agreed time with the carrier. In the case of absence, the cost of returning and reshipping at a later date or time are at the expense of the customer. Our goods always travel at the expense, risk and perils of the customer, who, in the case of damage, loss, lack or late delivery, must make the necessary accurate observations on the delivery slip, and confirm his detailed reservations by registered letter with acknowledgement of receipt to the carrier within 2 days of receiving the products; a copy of this letter must be communicated to us on the same day. If these prescriptions are not followed, and if our company lost by this the possibility of claim against the carrier, the customer alone would bear the consequences. In the case of non-compliance of the products with the characteristics provided in the order; or in the case of an apparent flaw presented by the products sold, the customer has a period of 24 hours from the delivery, to warn the seller; failing this, he will be time-barred. Any defect resulting from clumsiness, or a wrong move by the customer cannot be charged to us. It is by order of the customer that the products travel carriage paid, at his risks and perils. He will take out his own insurance. 7- WARRANTY & LIABILITY In the case of non-conforming delivery, all claims, whether on the quality or the quantity of the goods sold, must immediately be indicated on the delivery note, and immediately confirmed in writing. The customer must supply all justifications relative to the reality of the defects or damage observed. He will give AGRO'NOVAE DEVELOPPEMENT all facilities to carry out the observation of defects and remedy them. He will refrain from intervening himself, or of having a third party intervene for this. In the case of hidden and recognized defects, our warranty is limited purely and simply to the replacement of the defective products, excluding any compensation relative to additional costs, or damages. All product returns must be subject to a formal written agreement by AGRO'NOVAE DEVELOPPEMENT. Any product returned without this agreement will be at the disposal of the customer, and will not give rise to the issuing of a credit note. The costs and risk of return are at the expense of the customer. The products necessitating a return must be the subject of a return request to AGRO'NOVAE DEVELOPPEMENT, either by telephone (+33 ( Any return must be confirmed by registered letter with acknowledgement of receipt addressed to: AGRO'NOVAE DEVELOPPEMENT 11 Espace St Pierre 04310 PEYRUIS The customer has a period of 10 days following the obtaining of his return number to carry out the return of the goods. After this date, AGRO'NOVAE DEVELOPPEMENT reserves the right to refuse the goods and return them to the customer, at the customer’s expense. The products must be returned in perfect condition, in their original and undamaged packaging. They must be accompanied by their original invoice (the customer keeps a copy), and the return slip duly filled in and signed. Failing this, AGRO'NOVAE DEVELOPPEMENT reserves the right to refuse the products. They will then be returned to the customer, at the customer’s expense. 8- PAYMENT By banker’s card: the customer must give the number of his card (Carte Bleue, Eurocard Mastercard) with the expiry date and the authentication numbers on the back of the card. His request for payment is routed in real-time on the secure e-payment transaction manager (Crédit Agricole) who carries out a series of checks to avoid abuse and fraud. In all cases, supply by the customer on-line of the card number and the final validation of the order by the customer will constitute, in compliance with the law of 13th March 2000 on electronic signatures, proof of the entire order and the payability of the amounts due in performance of said order. By cheque: cheques must be made out to AGRO'NOVAE DEVELOPPEMENT, and issued by a bank domiciled in metropolitan 11 Espace St Pierre 04310 PEYRUIS FRANCE The applicable delivery times are those on the day of cashing the cheque, or of receiving the transfer or e-transaction payment (service provided by Crédit Agricole), and may therefore be different from those annouced at the moment of placing the order. Our invoices are to be paid in cash without discount to the headquarters of our company. In the event of the setting up of a payment schedule, any late payments, however small, will entail forfeiture of the term, and our entire debt will be payable immediately. Any requests for extension, whatever the means of payment, must duly be accepted by our company, and will result in a 2 % interest for late payment per month payable immediately. Moreover, the amount payable will be increased by 15 % with a minimum of 200 € to cover the costs incurred. This sum does not preclude the company claiming additional amounts in the scope of a debt collection procedure. In the case of late payment, AGRO'NOVAE DEVELOPPEMENT may suspend all current orders or deliveries without prejudice to any other course of action. Any deterioration of the customer’s credit may justify the requirement of guarantees, or a cash payment before performance of the orders received. By virtue of the provisions of articles L.121-20 and following of the Consumer code, the customer has a period of seven clear days to exercise his cancellation rights without having to justify his reasons, from the date of reception of his order. The customer is liable for the shipping and return costs. The products, along with the customer’s bank details, will be returned by the Postal service, or by carrier, in perfect condition, without having been used, and in adequate packaging, to the following address: AGRO'NOVAE DEVELOPPEMENT 11 Espace St Pierre 04310 PEYRUIS Refunds will be made by cheque or bank transfer on the bank details supplied by the customer, within 30 days. In the case of the return of a damaged, incomplete or spoiled product, this will not be exchanged or refunded. It is clearly specified that this cancellation clause is only applicable where AGRO'NOVAE DEVELOPPEMENT supplies goods made according to consumer specification, or which are clearly personalized, or which by their nature cannot be reshipped. This is specifically the case of products made to measure on the customer’s request. 10- DISPUTES The customer is liable for checking the comprehensive and truthful nature of the information he supplies when ordering, particularly relative to the shipping address. He will receive (by post, email or download) a copy of the order confirmation detailing all his order, which he should check. If within forty-eight hours of receiving this order confirmation he has not notified AGRO'NOVAE DEVELOPPEMENT by registered post with acknowledgement of reception of any error or omission, said order confirmation will be considered as having been accepted by the customer, and AGRO'NOVAE DEVELOPPEMENT may not be held responsible for any error or omission. AGRO'NOVAE DEVELOPPEMENT cannot be held liable for eventual errors made by the customer and/or of the non-fulfilment by the customer of the shipping arrangement and the meeting he has arranged himself with the shipper. Where appropriate, the customer will be liable for costs necessary for the return and reshipping of the product. Without limiting the extent of the previous paragraphs, the liability of AGRO'NOVAE DEVELOPPEMENT under the terms of these General Conditions cannot exceed an amount which is equal to the amounts paid, or payable, during the transaction resulting in said responsibility, whatever the cause or form of the action involved. The choice and purchase of the goods by the customer are his/her responsibility. 11- USE OF THE BRAND In compliance with the site disclaimer, except in the case of explicit written authorization, the use by the buyer of the COMTES of PROVENCE brand for advertising reasons is forbidden. In the same way, AGRO'NOVAE DEVELOPPEMENT holds the title to the intellectual property rights on the site and of the right to disseminate the elements in their catalogue. Consequently, all reproduction, use or making available to a third party, in part or not, on whatever media, of the elements making up the site or the catalogue, are totally forbidden. 12- CLAUSE RESERVING TITLE AGRO'NOVAE DEVELOPPEMENT reserves the right to the title of the products and goods delivered until the total payment of all the supplies due under the terms of this contract. To benefit from this clause, it will be sufficient for AGRO'NOVAE DEVELOPPEMENT to announce its formal intention of having the goods returned by means of a simple registered letter with acknowledgement of receipt sent to the customer or eventually his representative. Nevertheless it is expressly specified that except in the case of application of the clause of guarantee provided in article 7 above, the buyer will be responsible for the goods delivered into his hands as soon as they are materially delivered, the transfer of possession resulting in the transfer of risks. The buyer must therefore take all necessary measures, and if need be all insurance, to offset the eventual partial or total destruction of the goods whatever the origin. 13- FORCE MAJEURE In the case of partial or total non-performance of his/her obligations, caused in the framework of a case of force majeure or unforeseeable circumstances, AGRO'NOVAE DEVELOPPEMENT cannot be held liable. According to the dispositions of article 1148 of the Code Civil force majeure falls within a context of unpredictability and irresistibility. Explicitly, are considered as a case of force majeure: Strikes, particularly: transport, communication or postal service strikes; regulatory restrictions; terrorist attacks... 14- JURISDICTIONAL Court
11 espace St Pierre 04310 PEYRUIS France 16- NO WAIVER |
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