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DeutschThese General Conditions of Sale which apply since August 12, 2021 (hereinafter the “GENERAL CONDITIONS”) apply to any purchase made by a physical person (hereinafter the “CUSTOMER”) on the website https: //www.mozzarelle-olive.com (hereinafter the "SITE") with MO Tra Mozzarelle & Olive, SAS, registered in the trade and companies register of EPINAL under number 901 055 574, having its registered office at 1 rue Eugène Mathis, 88230 FRAIZE, France Tel : +33(0)6 71 89 82 22, email: shop@mozzarelle-olive.com (hereinafter the “SELLER”).
Any order placed on the Site necessarily implies the unconditional acceptance by the CUSTOMER of these GENERAL CONDITIONS.
ARTICLE 1. DEFINITIONS
The terms used below have, in these GENERAL CONDITIONS, the following meaning:
- « CUSTOMER » : refers to the SELLER's co-contractor, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER acts outside any usual or commercial activity.
- « DELIVERY » : refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when ordering.
- « PRODUCTS » : refers to all the products available on the SITE..
- « TERRITORY » : refers to mainland FRANCE (excluding DOM / TOM), Germany, Austria, Belgium, Italy, the Netherlands, Luxembourg, Spain and Portugal
ARTICLE 2. PURPOSE
These GENERAL CONDITIONS govern the sale by the SELLER to his CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and recognizes that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions
The CUSTOMER is clearly informed and recognizes that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions
ARTICLE 3. ACCEPTANCE OF GENERAL CONDITIONS
The CUSTOMER agrees to carefully read these GENERAL CONDITIONS and accept them, before paying for an order for PRODUCTS placed on the SITE.
These GENERAL CONDITIONS are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the GENERAL CONDITIONS and to keep a copy.
The SELLER advises the CUSTOMER to read the GENERAL CONDITIONS for each new order, the latest version of said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the GENERAL CONDITIONS without limitation or condition.
These GENERAL CONDITIONS are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the GENERAL CONDITIONS and to keep a copy.
The SELLER advises the CUSTOMER to read the GENERAL CONDITIONS for each new order, the latest version of said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the GENERAL CONDITIONS without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity. For verification purposes, the CUSTOMER is obliged to indicate his date of birth when creating his customer account. Only registered CUSTOMERS and therefore of full age can see the details of alcoholic products.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. All the fields must be completed, with the exception of the fields marked with the words "OPTIONAL", for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by e-mail, at the address shop@mozzarelle-olive.com, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. All the fields must be completed, with the exception of the fields marked with the words "OPTIONAL", for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by e-mail, at the address shop@mozzarelle-olive.com, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
Article 5.1. PRODUCT characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER agrees to read this information carefully before placing an order on the SITE.
All the PRODUCTS sold by the SELLER comply with the European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
The CUSTOMER must be of legal age for purchases of alcoholic products, have the legal capacity to contract and have an address within the scope of delivery.
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to his basket as he wishes. For alcoholic products, the CUSTOMER must first identify himself and prove by his date of birth his majority.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the content of his order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and identified / registered, an online form automatically completed and summarizing the price, applicable taxes and, where applicable, the costs of delivery.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CUSTOMER must also specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original of the invoice upon DELIVERY of the PRODUCTS, inside the package.
Article 5.3. Date of order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.
Article 5.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport).
The prices include in particular the value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
Article 5.5. Availability of PRODUCTS
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT TO RETRACT
Article 6.1. Principle of retraction
With regard to wines & spirits, products and accessories included among the PRODUCTS eligible for the right of withdrawal, the CUSTOMER has in principle the right to withdraw by returning or returning the PRODUCT to the SELLER, without giving any reason. The CUSTOMER has a withdrawal period of fourteen (14) clear days in accordance with Article L221-18 of the French Consumer Code, from the date of receipt of the order.
For this, the PRODUCT must be returned or returned at the latest within fourteen (14) days following the communication of its decision to retract, to MO Tra Mozzarelle & Olive, subject nevertheless that the said articles are returned intact, in their packaging. original, unopened.
Article 6.2. Retraction period
The retraction period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last item.
In the event of delivery of the PRODUCT in several batches of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last batch or of the last piece.
In accordance with Article L.221-28 of the French Consumer Code, the Customer may not exercise the right of withdrawal for:
- PRODUCTS likely to deteriorate or expire quickly (fresh and ultra fresh products, fresh fruits and vegetables, frozen).
- sealed PRODUCTS that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY;
- alcoholic beverages whose price has been agreed to be carried out only after 30 days and whose real value depends on fluctuations in the market beyond the control of the SELLER;
- PRODUCTS made according to the Customer's specifications or personalized at his request;
- Supply of goods which by their nature are inseparably mixed with other items.
Article 6.3. Notification of the right of retract
To exercise his right of retract and in accordance with article L.221-21 of the French Consumer Code, the CUSTOMER must notify his decision to retract by means of an unambiguous declaration using the form that can be downloaded HERE.
Article 6.4. Effects of retraction
In the event of withdrawal from the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs resulting, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER) from the date on which he is informed of the CLIENT's decision to withdraw. (Article L.221-24 of the French Consumer Code ) .
Unless he offers to collect the PRODUCTS himself, the SELLER may defer the reimbursement until recovery of the PRODUCTS or until the CUSTOMER has provided proof of shipment of the PRODUCTS, the date selected being that of the first of these facts.
The SELLER will proceed with the refund using the same means of payment as that which the CUSTOMER will have used for the initial transaction, except with the express agreement of the CUSTOMER to use another means of payment and insofar as the refund will not result in costs for the CUSTOMER.
Article 6.5. Return policy
The CUSTOMER must in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: MO Tra Mozzarelle & Olive, 1 rue Eugène Mathis, 88230 FRAIZE, France
This period is deemed to have been met if the CUSTOMER returns the goods before the expiration of the fourteen (14) day period.
Article 6.6. Return costs
The CUSTOMER must bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the goods.
Article 6.7. Condition of the returned item
The PRODUCT must be returned according to the SELLER's instructions and include in particular all the accessories delivered. In addition, the PRODUCT must be complete, in perfect condition and in its original packaging.
Article 6.8. Limits and exclusions of the right of retract
- Any PRODUCTS returned incomplete, damaged, used, washed, damaged, deteriorated, soiled or even consumed, even in part, will not be refunded.
- Likewise, the CUSTOMER may be held liable in the event of depreciation of the PRODUCTS resulting from manipulations other than those necessary to establish the nature, essential characteristics and proper functioning of the PRODUCTS.
ARTICLE 7. PAYMENT
Article 7.1. Means of payment
The CUSTOMER can pay for his PRODUCTS online on the SITE according to the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the chosen means of payment.
The SELLER will take all the necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
As such, it is specified that all payment information provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
Article 7.2. Payment date
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS order is placed on the SITE.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these GENERAL CONDITIONS.
Article 7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage to the PRODUCTS subject to the reservation. property, as well as the risk of damage they may cause.
The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage to the PRODUCTS subject to the reservation. property, as well as the risk of damage they may cause.
ARTICLE 10. DELIVERY
The methods of DELIVERY of PRODUCTS are provided in the "delivery policy" which is an integral part of these GENERAL CONDITIONS and which are accessible at the bottom of each page of the SITE via a hypertext link "Delivery and return".
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY..
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER could offer for certain PRODUCTS, all Customers benefit from "legal" guarantees, for all PRODUCTS, which are detailed below, in accordance with article L.111-1 of the French Code of the consumption.
Article 12.1. Guarantee of conformity
Article L.217-4 of the French Consumer Code : “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
Article L.217-5 of the French Consumer Code : "The good is in conformity with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that this one presented to the buyer as a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
The SELLER is liable to respond to any lack of conformity existing during delivery and any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the French Consumer Code)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his option. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 1 rue Eugène Mathis, 88230 FRAIZE, France.
Finally, the CUSTOMER is exempt 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 except for second-hand goods for which this period is set at six ( 6 months. (Article L.217-7 of the French Consumer Code) .
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if applicable, on the PRODUCTS.
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have acquired it, or would not have given it. than a lower price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 1 rue Eugène Mathis, 88230 FRAIZE, France. The action resulting from crippling defects must be brought by the CUSTOMER within two (2) years of discovery of the defect. (Paragraph 1 of article 1648 of the French Civil Code)
Products modified, repaired, integrated, added or partially used by the Customer are excluded from warranty. The warranty does not cover apparent defects. The warranty will not cover products damaged during transport or due to improper use.
Article L.217-5 of the French Consumer Code : "The good is in conformity with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that this one presented to the buyer as a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
The SELLER is liable to respond to any lack of conformity existing during delivery and any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the French Consumer Code)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his option. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 1 rue Eugène Mathis, 88230 FRAIZE, France.
Finally, the CUSTOMER is exempt 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 except for second-hand goods for which this period is set at six ( 6 months. (Article L.217-7 of the French Consumer Code) .
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if applicable, on the PRODUCTS.
Article 12.2. Guarantee of hidden defects
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have acquired it, or would not have given it. than a lower price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 1 rue Eugène Mathis, 88230 FRAIZE, France. The action resulting from crippling defects must be brought by the CUSTOMER within two (2) years of discovery of the defect. (Paragraph 1 of article 1648 of the French Civil Code)
Article 12.3. Exclusions of guarantees
Products modified, repaired, integrated, added or partially used by the Customer are excluded from warranty. The warranty does not cover apparent defects. The warranty will not cover products damaged during transport or due to improper use.
ARTICLE 13. RESPONSIBILITY
The SELLER cannot be held responsible in any case in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER cannot be held responsible, or considered to have failed in the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by case law. French courts and tribunals.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.
The SELLER cannot be held responsible, or considered to have failed in the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by case law. French courts and tribunals.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these GTC results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the execution of its obligation. by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the SELLER cannot be held liable in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as '' in the event of the occurrence of any circumstance or event outside the will of the SELLER occurring after the conclusion of the GTC and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot bring any recourse against the SELLER.
In the event of one of the above events occurring, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the execution of its obligation. by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the SELLER cannot be held liable in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as '' in the event of the occurrence of any circumstance or event outside the will of the SELLER occurring after the conclusion of the GTC and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot bring any recourse against the SELLER.
In the event of one of the above events occurring, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects on the SITE personal data concerning its CUSTOMERS, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data are kept confidentially by the SELLER for the purposes of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a client or from your last contact if you are not yet a customer.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. The SELLER undertakes not to transfer the names and contact details of its CUSTOMERS to third parties for commercial purposes.
In accordance with the French law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as GDRP), the SELLER ensures the implementation of the rights of persons concerned.
It is recalled that the CUSTOMER whose personal data is processed enjoys the rights of access, rectification, updating, portability and deletion of information concerning him, as well as a right to limit the processing in accordance with articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (GDRP).
In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.
The CUSTOMER can also define the fate of his data after his death and choose whether or not the SELLER communicates his data to a third party that the CUSTOMER has previously designated.
The CUSTOMER have the right to modify and delete all personal information present in the "MY ACCOUNT" page. For any other request you may have regarding the rectification and / or erasure of your personal data, please contact us via our "CONTACT US" page.
Finally, the CUSTOMER can also lodge a complaint with the supervisory authorities and in particular the CNIL. (https://www.cnil.fr/en/plaintes).
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data are kept confidentially by the SELLER for the purposes of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a client or from your last contact if you are not yet a customer.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. The SELLER undertakes not to transfer the names and contact details of its CUSTOMERS to third parties for commercial purposes.
In accordance with the French law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as GDRP), the SELLER ensures the implementation of the rights of persons concerned.
It is recalled that the CUSTOMER whose personal data is processed enjoys the rights of access, rectification, updating, portability and deletion of information concerning him, as well as a right to limit the processing in accordance with articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (GDRP).
In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.
The CUSTOMER can also define the fate of his data after his death and choose whether or not the SELLER communicates his data to a third party that the CUSTOMER has previously designated.
The CUSTOMER have the right to modify and delete all personal information present in the "MY ACCOUNT" page. For any other request you may have regarding the rectification and / or erasure of your personal data, please contact us via our "CONTACT US" page.
Finally, the CUSTOMER can also lodge a complaint with the supervisory authorities and in particular the CNIL. (https://www.cnil.fr/en/plaintes).
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a “Customer Service” which can be contacted by e-mail shop@mozzarelle-olive.com, Monday to Sunday, from 11:00 am to 6:00 pm, except on public holidays.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its content, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following. and Articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these T & Cs constitutes recognition by the CUSTOMER of the intellectual property rights of the SELLER and a commitment to respect them.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its content, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following. and Articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these T & Cs constitutes recognition by the CUSTOMER of the intellectual property rights of the SELLER and a commitment to respect them.
ARTICLE 18. SAFETY
The CUSTOMER undertakes, in the use he will make of the SITE, not to carry out any manipulation likely to generate computer, functional or any type of breakdown which could affect the operation of the Site or any service accessible by through the SITE. The CUSTOMER in particular undertakes to make available only reliable information and data, not likely to affect the operation of the Site or any service accessible through the Site.
The use that will be made of the SITE or of any service accessible through the Site must comply with all applicable national and international regulations, as well as the rights of third parties and must not prejudice the SELLER in any way.
The use that will be made of the SITE or of any service accessible through the Site must comply with all applicable national and international regulations, as well as the rights of third parties and must not prejudice the SELLER in any way.
ARTICLE 19. LIMITATION OF LIABILITY
In addition, CUSTOMERS use the Site under their sole and entire responsibility. The SELLER cannot be held liable for direct or indirect damage, such as, in particular, material damage, loss of data or program, financial loss, resulting from the 'access or use of the Site and its content (texts, images, photos, videos, sounds, etc.), or of sites affiliated with it, or even of sites to which it refers.
The CUSTOMER is informed that certain products or services presented on the Site may be subject to specific regulations or even restrictions and / or prohibitions in certain countries. The CUSTOMER must, therefore, ensure that the law of the country from which he is connecting allows consultation of the Site.
The content of the Site does not come with any guarantee of any kind whatsoever, express or implied, other than those resulting from legal provisions.
Access to the services presented on the Site may be subject to restrictions.
The CUSTOMER is informed that certain products or services presented on the Site may be subject to specific regulations or even restrictions and / or prohibitions in certain countries. The CUSTOMER must, therefore, ensure that the law of the country from which he is connecting allows consultation of the Site.
The content of the Site does not come with any guarantee of any kind whatsoever, express or implied, other than those resulting from legal provisions.
Access to the services presented on the Site may be subject to restrictions.
ARTICLE 20. VALIDITY OF GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions.
Any conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies headquartered in France.
Any conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies headquartered in France.
Article 21. MODIFICATION OF THE GENERAL CONDITIONS
These GENERAL CONDITIONS apply to all purchases made online on the SITE, as long as the SITE is available online.
The GENERAL CONDITIONS are dated precisely and may be modified and updated by the SELLER at any time. The applicable GENERAL CONDITIONS are those in force at the time of the order.
Changes to the GENERAL CONDITIONS will not apply to PRODUCTS already purchased.
The GENERAL CONDITIONS are dated precisely and may be modified and updated by the SELLER at any time. The applicable GENERAL CONDITIONS are those in force at the time of the order.
Changes to the GENERAL CONDITIONS will not apply to PRODUCTS already purchased.
Article 22. JURISDICTION AND APPLICABLE LAW
THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS OF THE GRAND-EST WILL BE COMPETENT.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is found or if the CUSTOMER justifies having attempted, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be offered, carried out in a spirit of loyalty and good judgment. faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.
To initiate this mediation, the CUSTOMER has the possibility to refer free of charge to the consumer mediator to which the SELLER belongs, namely AME CONSO, within a period of one year from the written complaint addressed to the SELLER. Referral to the consumer mediator must be made:
• either by completing the form provided for this purpose on the AME CONSO website https://www.mediationconso-ame.com
• either by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS - FRANCE. .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict
As mediation is not compulsory, the CUSTOMER or the SELLER may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE LITIGATION WHICH MAY GIVE PLACE TO MEDIATION WILL BE ASSIGNED TO THE COMPETENT COURT DESIGNATED ABOVE.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS OF THE GRAND-EST WILL BE COMPETENT.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is found or if the CUSTOMER justifies having attempted, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be offered, carried out in a spirit of loyalty and good judgment. faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.
To initiate this mediation, the CUSTOMER has the possibility to refer free of charge to the consumer mediator to which the SELLER belongs, namely AME CONSO, within a period of one year from the written complaint addressed to the SELLER. Referral to the consumer mediator must be made:
• either by completing the form provided for this purpose on the AME CONSO website https://www.mediationconso-ame.com
• either by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS - FRANCE. .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict
As mediation is not compulsory, the CUSTOMER or the SELLER may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE LITIGATION WHICH MAY GIVE PLACE TO MEDIATION WILL BE ASSIGNED TO THE COMPETENT COURT DESIGNATED ABOVE.