GENERAL CONDITIONS OF SALE - INTERNET
Effective July 28, 2020
ARTICLE 1 - SCOPE
https://www.provence-store.com is a marketplace within which Sellers sell their works and products to buyers, referred to here as Customers.
These General Conditions of Sale (known as “GTCS”) apply, without restriction or reservation to all sales concluded by between sellers of the marketplace with non-professional buyers (“Customers or Customers”), wishing to acquire the products offered for sale ("The Products") by the Seller on the site https://www.provence-store.com/. The Products offered for sale on the site are as follows: Arts and crafts, food products, wine and spirits, clothing, shoes, fashion accessories, cosmetics and beauty products, soap, olive oil.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the site https://www.provence-store.com. The customer is required to read it before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are within the limits of available stocks, as specified when placing the order.
These T & Cs are accessible at any time on the https://www.provence-store.com site and will prevail over any other document.
The Customer declares to have read these GTCS and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure of the site https://www.provence-store.com.
Unless proven otherwise, the data recorded in the marketplace's IT system constitutes proof of all transactions concluded with the Customer.
The coordinates of the marketplace are as follows:
PROVENCE MARKETING
Share capital of 5,500 euros
Registered with the RCS of Avignon - (84000), under the number 891 904 114 3 rue Alexis Carrel
Email: contact@provence-store.com
Telephone: 0611289000
Intracommunity VAT number FR 09 881904114
The Products presented on the site https://www.provence-store.com are offered for sale for the following territories: Community Europe, Switzerland, United States, Great Britain; they can also be purchased by residents of certain referenced Asian countries. It is the inclusion of the delivery address that determines the possibility of delivering to a particular country.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated automatically excluding tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.
ARTICLE 2 - PRICE
The Products are supplied at the current prices appearing on the site https://www.provence-store.com, when the order is registered by the marketplace. The prices are expressed in Euros including tax.
The prices take into account any reductions that may be granted by the Seller on the site https://www.provence-store.com. These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to the final validation of the order, or on estimate.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs, except for products where the request for a transport quote is activated. An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the site https://www.provence-store.com the products he wishes to order, according to the following methods:
- The customer selects objects and products within the https://www.provence-store.com platform that he puts in his basket. The customer can add and remove products at any time. Before confirming the order, he creates his account. Once the basket is validated, it validates the delivery address.
- From this are indicated the delivery costs which have been entered by the seller: the transport conditions being dependent on the choice of the seller of the platform (for example, these costs may or may not include customs costs). In the final order validation list, shipping costs per seller are indicated.
- The customer has total transparency of the transport costs (including or not the customs costs). He can still delete one of his selections if the transport costs seem too high, for example. Once the basket has been validated and the transport costs validated, the order is considered final and requires payment from the customer who pays according to the terms provided.
- Product offers are valid as long as they are visible on the site, while stocks last.
- The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site https://www.provence-store.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The marketplace or the seller reserve 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 can follow the progress of his order on the site.
ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space). To do this, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address. The customer must provide their age and declare themselves of legal age to access the wine and spirits store.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order histories, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer refrains from any disclosure.
Otherwise, he will remain solely responsible for the use made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or sending an email to:
gestion@provence-store.com. This will be effective within a reasonable time.
In case of non-compliance with the general conditions of sale and / or use, the marketplace https://www.provence-store.com will be able to suspend or even close a customer's account after formal notice has been sent electronically and had no effect.
Any deletion of an account, for whatever reason, results in the outright deletion of all of the Customer's personal information.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of Provence Marketing.
The creation of the account implies acceptance of these general conditions of sale.
ARTICLE 4 - TERMS OF PAYMENT
The price is paid by secure payment, according to the following methods: payment by credit card. The price is payable in cash by the Customer, in full on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the
approved payment service provider for banking transactions carried out on the http://provence-store.com/ site.
The payments made by the Customer will only be considered final after effective collection by the marketplace of the sums due. The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price in accordance with the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Customer will be delivered under the responsibility of the sellers in metropolitan France or in the following zone (s): Europe, Switzerland, the United States and any country accessible by the delivery address. Deliveries take place within certain deadlines which depend on the seller's choice of mode of transport, to the address indicated by the Customer when ordering on the site. Some items are made on demand by craftsmen. The manufacturing time may be in addition to the delivery time.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. When ordering several products from different sellers, each seller implements the delivery of their own products.
Each seller undertakes to make his best efforts to deliver the products ordered by the Customer as soon as possible.
If the Products ordered have not been delivered within one month after the deadline initially provided by the seller, the customer may cancel their order, except if the product purchased has been made up on request, for any reason other than force majeure or the act of the Customer, 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 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding.
Deliveries are made by each transporter selected by the seller, to the address mentioned by the Customer when ordering and to which the transporter can easily access.
When the Customer himself is responsible for using a carrier that he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore recognizes that it is the carrier who is responsible for making the delivery and has no warranty claim against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. He has a period of 24 hours from delivery to formulate complaints by email, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect and no complaint may be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - RIGHT TO RETRACT
According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a direct telephone call or outside establishment, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day:
1 ° The conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;
2 ° On receipt of the goods by the consumer or a third party, other than the transporter, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately, the period runs for each product, on the date of receipt.
The right of withdrawal can be exercised online, using the withdrawal form and also available on the site or any other declaration, unambiguous, expressing the will to withdraw and in particular by postal mail addressed to the Seller to postal or email address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back. The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or the refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – RESPONSIBILITY OF SELLER - GUARANTEES
The Products supplied by the Seller benefit from the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order, from the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the delivered products and rendering them unfit for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for 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 L217-5 of the Consumer Code
"The goods comply with the contract:
1 ° If it is suitable for the use normally expected of a similar item and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by 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. "
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods. »Article 1641 of the Civil Code. "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much, that the buyer would not have acquired it, or n 'would have given them a lower price, if he had known them. "
Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention. "
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or of the existence of hidden defects from their discovery.
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds, replacements or repairs of Products judged to be non-compliant or defective will be made as soon as possible and at the latest within 30 days days after the Vendor's finding of the non-conformity or hidden defect. This reimbursement can be made by bank transfer or check.
The Seller's responsibility cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as
- in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products through the marketplace as well as their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the performance of the sales contract.
9.1 Collection of personal data
The personal data which is collected on the site https://www.provence-store.com are the following:
Account opening
When creating the Client / User account:
Gender (not required)
Last name
First name
Reference address
Delivery address
E-mail address
Date of birth (not compulsory).
Payment
As part of the payment for the Products offered on the site https://www.provence-store.com, it records financial data relating to the bank account or the credit card of the Customer / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the marketplace, the seller and their employees.
9.3 Processing manager
The data controller are the marketplace and the sellers, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Restriction of processing
Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The marketplace will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
9.6 Security and confidentiality
The marketplace implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the http://provence-store.com/ site have the following rights: - They can update or delete the data concerning them as follows: They can delete their account by writing to the email address indicated in article 9.3 "Data controller". They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Processing manager" If the personal data held by the marketplace is inaccurate, they may request the updating of the information of the information by writing to the address indicated in article 9.3 "Data controller" They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in article 9.3 "Data controller" They can also request the portability of data held by the Seller to another service provider.
Finally, they can object to the processing of their data by the Seller These rights, as long as they do not preclude the purpose of the processing, can be exercised by sending a request by post or E-mail to the Data Controller whose contact details are given above. The controller must provide a response within a maximum of one month. In case of refusal to grant the Customer's request, the latter must be motivated. The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority. The Customer may be invited to tick a box under which he agrees to receive emails of an informative and advertising nature from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the https://www.provence-store.com site is the property of the marketplace and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 11 - APPLICABLE LAW – LANGUAGE
These GTC and the transactions resulting from them are governed and subject to French law. These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T & Cs.
The Customer is informed that he can in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is Médicys 73 boulevard de Clichy – Paris https://medicys.fr/
The Customer is also informed that he can also use the Online Dispute Resolution (RLL) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = main.home .show
All disputes to which the purchase and sale transactions concluded pursuant to these GTCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
APPENDIX I - Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on http://provence-store.com/ unless there are exclusions or limits on the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of PROVENCE MARKETING - contact@provence-store.com,
3 rue Alexis Carrel – 84000 Avignon – France
I hereby notify the withdrawal of the contract relating to the property below: - Order of (indicate date)
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................. ..........................
Signature of the Client (only if this form is notified on paper)