WITH QUAT’SARDINES
workshop-gallery Concarneau creationsAnh Gloux
17 avenue du Docteur Nicolas - Concarneau
with four sardines
TERMS AND CONDITIONS
Article 1: Scope of application
These general conditions of sale (CGV) apply to all sales concluded via the Internet between the site published by Anh Gloux aux Quat’Sardines,
EI registered SIREN 429 133 564 - CMA Quimper 200
Intra-community VAT number FR 20429133564
, and non-professional consumers via Aux Quat'Sardines, hereinafter the “Customer(s)”. These General Terms and Conditions are not applicable to professionals purchasing as part of their professional activities, wholesalers and distributors.
Aux Quat'Sardines is able to deliver the Products to all countries in the world.
By “Products”, we mean all the products marketed via the Aux Quat'Sardines Site.
Placing an order implies the Customer's full and unreserved acceptance of these General Terms and Conditions, to the exclusion of all other documents such as catalogs, prospectuses, etc. issued by Aux Quat'Sardines and which have only indicative value. Any contrary condition opposed by the Client will therefore, in the absence of express acceptance by Aux Quat'Sardines, be unenforceable against Aux Quat'Sardines, regardless of the time at which it may have been brought to its attention. fact that Aux Quat'Sardines does not avail itself at a given moment of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of subsequently availing itself of any of the said conditions. The Customer can consult these General Terms and Conditions simply, freely and at any time by clicking on the “GENERAL CONDITIONS OF SALE” link at the bottom of each page of the Site. Aux Quat'Sardines reserves the right to modify these General Terms and Conditions at any time.
Article 2: Photos
The essential characteristics are described alongside one or more photographs which may, despite all precautions, contain differences with the item offered for sale which may arise from random artistic character, the shooting distance, the processing of photographs and the mode of transmission and display of data on the screen. Aux Quat'Sardines cannot be held responsible.
Article 3 – Orders
3.1 Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:
— payability of sums due under the purchase order,
— signature and express acceptance of all operations carried out.
3.2 Validation - Confirmation of the order
3.2.1 Final validation of the order
After having read the status of his order, accepted by clicking on the place indicated in the T&Cs, and once all the requested information has been completed, the Buyer will click on the chosen payment method to definitively confirm his order.
As soon as he validates his payment, the order is recorded and becomes irrevocable.
The purchase order will be recorded in the computer records of the Seller's site, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the parties.
3.2.2 Order confirmation
When he has validated his payment method (if applicable with the provision of his card number and the expiration date), a summary of the Buyer's order will be displayed and will mention in particular the transaction number
This summary will also be sent to him by e-mail, at the latest upon delivery of the Products, to the e-mail address indicated by him at the time of the order, or, failing that, to the address indicated by the buyer within the purchase order.
This confirmation will include all the constituent elements of the contract entered into between the parties.
Article 5: Price - Invoice
Prices are expressed in Euro including tax. The price guaranteed to the Customer is that displayed on the Site at the time the Product is placed in the basket. This price is firm, final and non-negotiable. The prices take into account the VAT applicable on the day of the order. They are therefore indicated VAT included.
Any change in the applicable VAT rate may be reflected in the sale price of the Products in the catalog. For delivery outside the European Union, the Customer must pay customs duties, VAT or other taxes due when importing the Products into the country of delivery. The related formalities are also the sole responsibility of the Client, unless otherwise indicated. The Customer is solely responsible for checking the possibilities of importing the Products ordered with regard to the law of the territory of the country of delivery.
The “TOTAL” indicated at the end of the order summary includes delivery costs and VAT. After processing the order, an invoice will be available for download from the Customer's account,
Article 4 – Delivery
4.1 Terms
Delivery is only made after confirmation of payment by the seller's banking organization. The ordered products are delivered
4.2 Deadlines
The seller is authorized to make full or partial deliveries.
The products acquired by the Buyer will be delivered within a period of 72 hours to a maximum of 7 (seven) days to the address indicated by the Buyer when ordering on the Seller's website. The Seller undertakes to use its best efforts to deliver the products ordered by the buyer within the above deadlines. However, these deadlines are communicated for information purposes only and any excess may not give rise to any damages, deduction or cancellation of the order by the Buyer.
However, if the products ordered have not been delivered within 7 (seven) days after the indicative delivery date, for any reason other than force majeure, the sale may be canceled at the written request of the buyer. or the Seller. The sums paid by the buyer will then be returned to them within thirty (30) days, excluding any compensation or withholding.
Delivery is deemed to have been made upon delivery of the products ordered by the Seller to the carrier as soon as he has handed over the goods sold to the carrier who accepted them without reservation. The buyer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the shipper, even the Seller, in the event of failure to deliver the goods transported.
In any event, on-time delivery can only occur if the buyer is up to date with his obligations towards the seller, whatever the cause.
4.3 Transportation costs
The price paid by the buyer when ordering online includes transport and packaging costs.
Article 5 – Transfer of ownership – Transfer of risks
The buyer is required to check the condition of the products upon delivery.
In the absence of reservations or complaints concerning apparent defects or non-conformity of the products delivered to the order, expressly issued and formulated by the Buyer, in writing and within seventy-two (72) hours from delivery , the products delivered by the Seller will be deemed to conform in quantity and quality to the order (without apparent defects).
The Buyer will attach all relevant supporting documents to his reservations or complaints.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Buyer.
The seller will replace as soon as possible and at its expense, the products delivered whose apparent defects and/or lack of conformity have been duly proven by the Buyer.
Article 9: Guarantees
9.1 Aux Quat'Sardines gives no warranty for apparent defects, detectable after normal examination of the Product, which may affect said delivered Product which has not been reported by the Customer under the conditions stipulated below.
The Customer remains liable for the depreciation of the Products which would result from handling of the Products other than that necessary for the use of the Products.
9.2 Legal guarantee of conformity:
The legal guarantee of conformity covers defects in conformity of the Product and packaging in the following situations:
• Goods unfit for the use usually expected of similar goods,
• Goods that do not correspond to the description given by the seller,
• Goods that do not have the qualities announced by the seller or agreed with the Customer.
To benefit from the legal guarantee of conformity, the defect in the Product must exist on the day of acquisition. The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the Product. If the defect appears more than 24 months after the purchase, the Customer cannot benefit from the guarantee of conformity unless he can prove that the defect existed on the day of purchase.
In the event of a lack of conformity, the Customer chooses between repair and replacement of the Product.
However, Aux Quat'Sardines may not proceed according to the Customer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless impossible, according to the other method.
If repair and replacement of the Product is impossible, the Customer may return the Product and have the price refunded, or keep the Product and have part of the price refunded. However, the sale cannot be canceled if the lack of conformity is minor.
The Customer has a period of 2 (two) years to return the Aux Quat'Sardines Product by attaching to its shipment (i) a letter explaining the problem indicating the date of discovery of the non-conformity, (ii ) the delivery note and (iii) the invoice.
9.3 In accordance with article 1641 of the Civil Code, Aux Quat'Sardines is also bound by the legal guarantee against hidden defects.
To apply the warranty for hidden defects, the Product defect must meet the following 3 conditions:
• Be hidden, that is to say not apparent during purchase,
• Make the property unfit for the use for which it is intended, or significantly reduce its use,
• Exist at the time of purchase.
It is up to the Customer to prove the existence of a hidden defect.
The Customer has a period of 2 (two) years to return the Aux Quat'Sardines Product by attaching to its shipment (i) a letter explaining the problem indicating the date of discovery of the hidden defect, (ii) proof of the existence of the hidden defect (iii) the delivery note and (iv) the invoice.
If Aux Quat'Sardines considers that one of these two guarantees must be implemented, it will reimburse the price of the Product appearing on the purchase invoice, within a period allowing it to first carry out an assessment of the Product .
Article 10: Right of withdrawal
The Customer has a period of 14 (fourteen) calendar days from receipt of his order to notify Aux Quat'Sardines that he wishes to exercise his right of withdrawal. He is informed that the return of the Product(s) will take place, at his expense, for exchange or refund, in accordance with article L 212-21-3 of the Consumer Code. If this period expires on a Saturday , a Sunday or a public or non-working holiday, it is extended until the first following working day.
In the event of purchasing several Products, in a single order and delivered separately, the withdrawal period begins on the day the Customer takes physical possession of the last Product.
Notification of the exercise of the right of return can be made: by e-mail to the address:aux4sardines@gmail.comor by RAR letter. The Customer may in particular use the following text:
To the attention of [insert your name, geographic address, fax number and email address here]:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*) / for the provision of services (*) below :
Ordered on (*) / received on (*):
Name of consumer(s):
Address of the consumer(s):
Bank details for reimbursement:
Signature of the consumer(s) (only in the event of notification of this form on paper):
Date :
Aux Quat'Sardines will acknowledge receipt of the Customer's request.
After notifying Aux Quat'Sardines of their desire to benefit from the right of withdrawal, the Customer has 14 (fourteen) days to return the Product in its original condition and packaging to the address of Aux Quat'Sardines.
It must not have been used, nor have suffered any deterioration, however minimal, and be in a perfect state of cleanliness. This right of withdrawal is exercised without penalty, with the exception of return costs which remain the responsibility of the Customer. Within a maximum period of 14 (fourteen) days from receipt of the Product at the address of Aux Quat'Sardines, the Customer will be reimbursed for the sums paid.
Article 11: Personal information
11.1 The personal information requested from the Customer is essential for the processing and delivery of orders and the preparation of invoices. For these purposes, this information may be communicated to the contractual partners of Aux Quat'Sardines such as the payment provider or the delivery service.
Banking data is not kept by Aux Quat'Sardines.
Aux Quat'Sardines has declared its Customer file to the CNIL in accordance with the “Informatics and Freedoms” Law (law of January 6, 1978). Customers' personal data is kept for a period of 5 years.
11.2 Cookies
Aux Quat'Sardines uses the following types of cookies:
• Session cookies: data recorded to ensure the proper functioning of the service and facilitate navigation;
• Audience measurement cookies: cookies allowing the collection of statistics in aggregate form in analysis tools such as Google Analytics;
• Advertising cookies: allowing the display of targeted advertising.
By browsing our Site, a message allowing the Customer to accept cookies or refuse them appears.
The Customer can deactivate cookies by choosing:
• In the Internet browser menu, explore the “tools” section then click on the “browse in private” function;
• In the Mozilla Firefox menu: select “Options”, then “Privacy”: in the “History” area, for the “Retention rules” option, select “use custom settings to history”, and uncheck the “Accept cookies” box.
If not, by continuing the visit to the Bijou à la carte Site, the Customer accepts that cookies are installed during navigation.
Cookies and associated data will be retained for a maximum period of 13 months.
Article 12: Formation of the contract
The “validation click” on “pay by credit card or PayPal” constitutes an electronic signature constituting the formation of the sales contract. This electronic signature between the parties has the same value as a handwritten signature. Clicking in the box announcing acceptance of the general conditions of sale implies unreserved acceptance of these General Terms and Conditions.
These present conditions only exist in the French language, you declare that you understand French and all the provisions of these General Conditions of Sale.
It is recommended that you print a copy and keep it.
Article 13 Proof
The computerized records, kept in the computer systems of Aux Quat'Sardines in reasonable security conditions, will be considered as proof of communication, orders and payments made between the parties.
The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 14: Intellectual property
Aux Quat'Sardines holds the intellectual property rights on the Site and the right to disseminate the elements appearing in the Site catalog – and in particular the photographs, for which Aux Quat'Sardines has obtained the necessary authorizations from the persons concerned, or of which Aux Quat'Sardines is the author. Consequently, any total or partial reproduction of the Site is strictly prohibited, as well as all elements contained on the Site.
Any reproduction or use of elements of the Site would constitute a violation of intellectual and industrial property regulations.
The Products themselves, as original creations, are also protected by national and international copyright provisions.
Aux Quat'Sardines reserves the right to take legal action against any person who infringes its rights and these general conditions.
Article 15: Warning
Aux Quat'Sardines undertakes to ensure the operation of the Site in order to allow optimal use under the conditions defined in these general conditions. The user declares to be informed of the lack of reliability of the Internet network, in particular:
On security in data transmission;
•On the obligation to protect one's equipment or computer network with regularly updated anti-virus software;
• On non-guaranteed performance in terms of volume and speed of data transmission;
• On the fact that continuity of access to the service is not guaranteed.
The service may occasionally be suspended due to maintenance interventions necessary for the proper functioning of the Site.
Aux Quat'Sardines will not be held responsible in the event of a malfunction of the Site due to maintenance, technical problems, the inability to access the Site and breakdowns of the hosting server.
Article 16: Links
The Site contains hypertext links from partners. In the event that the user consults partner sites, Aux Quat'Sardines declines all responsibility for access, content, and use of the sites, and for any damage that could result therefrom.
Article 17: Entire contract
These general conditions of sale express the entirety of the obligations of the parties. No other general or specific conditions communicated by the customer may be incorporated into or deviate from these general conditions.
General conditions of sale updated on November 1, 2020