Terms & Conditions

This contract for the sale of baskets-des-terroirs.com on the Internet is concluded between

• Produits du Terroir, a limited liability company with share capital of €5,000, registered in the Chartres Trade and Companies Register under number 794 622 571, having its registered office at 13 rue des fleurs, Luisant (28600), represented by its manager, Mr Jérémy DE ROYER.

Hereinafter referred to as "the COMPANY".

• yourself a natural person, consumer purchaser of products of the Earth, the Sea, Wines and Beverages, Whisky, Tea and accessories distributed by the COMPANY

Hereinafter referred to as "the CLIENT".

It is expressly specified that the present general terms and conditions of sale shall not apply under any circumstances to the sale of products from the Land, the Sea, Wines and Beverages, Whisky, Tea and accessories hereinafter referred to as "PRODUCT(S)" to any individual or legal entity acting within the framework of its professional activities or not having the status of consumer within the meaning of the provisions of the French Consumer Code. The purchase with a view to resale of the PRODUCT(S) is therefore prohibited.

The present contract is formed :

• of these general terms and conditions of sale and
• special conditions of sale.

In the event of contradiction and/or difficulty of interpretation between these general terms and conditions of sale and the special terms and conditions of sale, the provisions of the latter shall prevail in all circumstances.

Article 1. Purpose of this agreement

The purpose of the present general conditions of sale is to define the conditions governing the sale of one or more PRODUCT(S) by the COMPANY to the CLIENT via the Internet only, on the site paniers-des-terroirs.com.

Consequently, any order for products from the Land, the Sea, Wines and Beverages, Whisky, Tea and accessories with characteristics similar or identical to those of PRODUCTS, but which do not appear on the paniers-des-terroirs.com website, is not governed by the present terms and conditions of sale. The present general terms and conditions of sale mainly concern the nature of the order, payment of the sale price, attached guarantees and delivery of the Product(s), with the exception of installation, which is not included in the Company's services or deliveries.

The purchase of one or more Products on the paniers-de-nos-terroirs.com website implies full acceptance of the present general terms and conditions of sale as well as the special terms and conditions of sale.

The Company reserves the right to modify the present terms and conditions of sale on its own initiative or as a result of changes in regulations applicable to Internet sales to consumers purchasing one or more Products. In the event of modification, the latest version available on the site paniers-de-nos-terroirs.com will apply to the sale of Product(s) to the Customer. The modification of the present general terms and conditions of sale can in no case have a retroactive effect and will only apply to new orders of Product(s).

Article 2. Characteristics of the Product(s)

The Customer acquires one or more Products exclusively offered for sale on the paniers-des-terroirs.com website within the limits of available stocks. No claim may be made by the Customer in respect of the unavailability, for any length of time, of one or more of the Products.

The technical description of the Products has contractual value. The photographs of the Products do not have contractual value as they cannot exhaustively and faithfully reflect all the characteristics of the Products.

Article 3. Selling price of the Product(s)

The selling price of the Product(s) is defined in the special conditions of sale.

This price is the exclusive responsibility of the Customer.

This price includes :

• the purchase price, inclusive of all taxes, of the Product(s), and
• the delivery price of the Product(s), including delivery and postage costs in mainland France and Corsica, and
• charges related to the means of payment chosen by the Customer.

If the Customer requests the use of packaging, wrapping and/or means of transport other than those used by the Company, the Customer shall bear the sole cost thereof.

The products remain the property of paniers-des-terroirs.com until the complete payment of the price.

Special case of orders sent outside the European Union

In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. Paniers-des-Terroirs.com is not responsible for these taxes. They are your responsibility, both in terms of declarations and payments to the competent authorities/organizations in your country. We advise you to contact your local authorities for further information. It is also your responsibility to check with your local authorities for any restrictions on importing the products you intend to order.

Special case of orders sent within the European Union

The price is calculated inclusive of all taxes. Professionals with an intra-community VAT number who wish to be exempt from VAT must contact the BienManger.com team in advance by e-mail or telephone. The procedure to be followed will be specified. Orders placed directly on the site without prior contact will not qualify for VAT exemption, even if the customer provides an intra-Community VAT number.

Article 4. Ordering the Product(s)

Customers wishing to purchase one or more Products must first :

• learn about the characteristics of the Product(s), and
• acknowledge and accept without reservation the present terms and conditions of sale, and
• read and accept without reservation the special terms and conditions of sale, and
• check with the Company that the Product(s) is (are) available in stock, and
• inform the Company of any request to modify the characteristics of the Product(s), and
• inform the Company of any request to modify the packaging, wrapping and/or means of transport of the Product(s).

After completing steps 1 to 6 above, the Customer must :

1. validate the order and the delivery deadline set by the Company, and
2. pay the total price of the Product(s), including all taxes and shipping costs.

Article 5. Payment of the sale price of the Product(s)

The Customer must pay the purchase price of the Product(s) in order to validate the order. Acceptance of the order by the Company is subject to the condition precedent of receipt of the full price as defined in the special conditions of sale. Payment may be made by any of the following methods, at the Customer's sole discretion and expense:

• bank or postal cheque, or
• secure payment by credit card.

Article 6. Delivery of the Product(s) and liability

Delivery is subject to prior acceptance of the order by the Company, itself subject to the condition precedent of receipt of the full price as defined in the special conditions of sale. Delivery is made at the exclusive expense of the Customer, cf. in particular article 3 above.

The manufacturing lead times and estimated dispatch dates indicated on the site are not contractual and may be modified at any time depending on events. The company will do its utmost to meet the deadlines indicated, but cannot be held responsible for any delays, which may in no way give rise to claims for damages and interest.

Similarly, delivery times are not under the control of the Company, which entrusts the delivery of its parcels to external partners. The company makes every effort to enable the customer to monitor the delivery, but cannot be held responsible in the event of an incident.

As soon as the Product(s) leave the Company's premises, the Company will inform the Customer by telephone, fax or e-mail. Risks of any kind are borne exclusively by the Customer as soon as the Product(s) leave(s) the Company's premises. By risk, the parties agree in particular to understand temporary or permanent loss, and/or late delivery, and/or total or partial deterioration of the Product(s).

Delivery will be made by a carrier or by parcel post. In the event of any incident whatsoever during transport, it is the Customer's responsibility to take appropriate action, in particular by refusing to accept delivery of the Product(s) or by clearly and explicitly expressing reservations about the condition of the Product(s) on the delivery note, in order to take action against the carrier or the Post Office.

In the case of delivery by carrier, the Customer and the carrier must agree on a delivery date and time. Delivery of the Product(s) is made to the address defined by the Customer in the special conditions. If it is impossible to deliver the Product(s) to the address defined by the Customer in the special conditions, they will be redirected to the Company's premises. This impossibility is due in particular to the definition of an erroneous or incomplete address and/or the absence of a person to take delivery of the Product(s) at the agreed date and time.

If the recipient does not collect your parcel within the specified time, your parcel will be returned to us by the carrier. We will notify you as soon as possible.

Article 6.1. To France

A second shipment may be made subject to payment by the customer of a flat-rate shipping charge of €5. If the customer prefers to cancel the order, it will be reimbursed after deduction of a flat-rate shipping charge of €10.

Article 6.2 Other destinations

A second shipment may be made subject to payment by the customer of the shipping charge plus €5. If the customer prefers to cancel the order, it will be reimbursed after deduction of the delivery charge plus a flat-rate delivery charge of €10.

Article 7. Withdrawal

In accordance with the provisions of article L 121-20 of the French Consumer Code, hereinafter reproduced in full, the Customer who acquires one or more standard Products, i.e. Products that have not undergone any modification whatsoever in relation to the characteristics defined by the Company on the paniers-des-terroirs.com website, has a withdrawal period of fifteen (15) clear days from the date of receipt of the Product(s).

Article L121-20

The consumer has a period of fifteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods. The consumer may waive this time limit if he/she is unable to travel and needs an immediate service necessary to his/her living conditions. In this case, he/she would continue to exercise his/her right of withdrawal without having to justify his/her reasons or pay any penalties.

The period mentioned in the previous paragraph runs from receipt for goods or acceptance of the offer for services.

Where the information specified in article L. 121-19 has not been provided, the period for exercising the right of withdrawal is extended to three months. However, when this information is provided within three months of receipt of the goods or acceptance of the offer, the seven-day period mentioned in the first paragraph begins.

When the fifteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

If this right is exercised, the Company will take delivery of the Product(s), in their original packaging, at its exclusive expense, at the address indicated by the Customer in the special conditions of sale.

The Company will reimburse the Customer for the price paid on condition that the Product(s) have not been modified, altered or damaged in any way. In the event of modification, alteration or deterioration, the amount of the repair will be deducted from the sales price to be returned to the Customer.

Article 8. Return and Exchange of Products

The Company guarantees the conformity of the Product with the specifications defined by the customer.

In the event of an error attributable to paniers-des-terroirs.com: non-compliance with customer specifications or manufacturing error, the Company will send the Customer a procedure for the free return of the products for analysis by the technical department. If the error is proven, the Company will inform the Customer and will proceed with a new manufacturing of the products and will ship them again at its expense to the Customer. Under no circumstances will the Customer be entitled to claim damages.

Article 9. Warranties

The Company guarantees the conformity of the Product. Consequently, in the hypothesis where the Product would present a defect or vice of conformity which makes it unsuitable for its use or which translates a major functional difference compared to the characteristics defined on the site paniers-de-nos-terroirs.com then the Company will proceed to the required repairs or the replacement.

Repairs or replacements will be carried out if the Customer complies with the following cumulative conditions:

• have not used the Product in an abnormal, improper or contrary to its intended purpose, and
• have returned the Product to the Company within a maximum of thirty (30) days from the date of receipt of the Product, and
• have returned the Product in packaging that ensures its total protection, i.e. packaging that is not likely to cause damage to the Product during transport. The Customer is invited to use packaging identical to that used by the Company when delivering the Product.

Hidden defects warranty

The Company provides the Customer with a warranty against hidden defects, in accordance with the provisions of articles 1641 et seq. of the French Civil Code, reproduced below.

Article 1641

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1642

Created by Law 1804-03-06 promulgated on March 16, 1804

The seller is not liable for apparent defects of which the buyer has been able to convince himself.

Article 1644

Created by Law 1804-03-06 promulgated on March 16, 1804

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded, as arbitrated by experts.

Article 1645

If the seller was aware of the defects, he is liable to the buyer for all damages in addition to restitution of the price received.

Article 1646

If the seller was unaware of the defects, he will only be obliged to refund the purchase price, and reimburse the buyer for the costs incurred by the sale.

Article 1648

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity.

Article 10. Personal data

The Customer provides personal information necessary for the purchase and delivery of the Product. The Customer is informed that he/she may consult and modify this information in accordance with the provisions of law n°78-17 of January 6, 1978, known as the "Foyer" law, relating to information technology, files and civil liberties. The Customer is informed that, unless he/she objects in writing, the Company may use information concerning him/her for commercial purposes.

Information is collected and processed by the Company. The customer may therefore make any request for consultation or rectification by post or fax to the Company's head office or by e-mail using the contact form.