General terms and conditions of sale
Between Pierre Haenel-Nepal Dream Tea, 17 rue de la Comet, 34470 Pérols, duly authorized for the purposes hereof. The micro-enterprise can be joined by email by clicking on the contact form accessible via the home page of the site.
"Seller" or "business".
On the one hand,
and the natural or legal person carrying out the purchase of products or services of the company, hereafter, "the purchaser", or "the customer"
On the other hand,
It was stated and agreed as follows:
The seller is a publisher of products and services exclusively intended for consumers, marketed through its website (www.nepaldreamtea.com).
The list and the description of the goods and services proposed by the micro-enterprise can be found on the aforementioned site.
Article 1: Purpose
The present general Conditions of sale determine the rights and obligations of the Parties in connection with the sale on line of products offered by the seller.
Article 2: General provisions
The present general Conditions of sale (GTC) apply to all sales of products, made through the websites of the company which are an integral part of the contract between the purchaser and the seller. The Seller reserves the possibility to modify the present, at any time by the publication of a new version on its website. The applicable GTC are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GTC are available on the company's website at the following address: https://www.terre-des-thes.fr/conditions-generales-vente/. The company also ensures that their acceptance is clear and unreserved by setting up a check box and a click Validation. The customer declares that they have read all the present general conditions of sale and, where applicable, the special conditions of sale relating to a product or a service, and accept them without restriction or reservation. The customer acknowledges that he has benefited from the advice and information necessary to ensure the adequacy of the offer to his needs. The Client claims to be able to legally contract under French laws or validly represent the natural or legal person for which he or she engages. Unless evidence to the contrary the information recorded by the company constitutes the proof of all the transactions.
Article 2.1: Prices
The prices of the products sold through the Internet sites are shown in Euros excluding taxes and precisely determined on the pages of product descriptions. They are also indicated in euros all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping charges. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated without taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the seller. They will be at the expense of the purchaser and are responsible for its liability (declarations, payment to the competent authorities, etc.). The seller invites the buyer to inquire about these aspects with the corresponding local authorities. The company reserves the possibility to change its prices at any time for the future. The costs of telecommunication required to access the company's Internet sites are the responsibility of the customer. If necessary also the delivery costs.
Article 3: Conclusion of the online contract
The customer will have to follow a series of steps specific to each product offered by the seller in order to carry out his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the product;
➢ choice of product, if any of its options and indication of the essential data of the customer (identification, address...);
➢ acceptance of these general terms and conditions of sale.
➢ checking the control elements and, if necessary, correcting the errors.
➢ follow instructions for payment and payment of products.
➢ delivery of products. The customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a. pdf copy of these general terms and conditions of sale. For the products delivered, this delivery will be at the address indicated by the customer. For the purpose of achieving the order, and in accordance with article 1316-1 of the civil Code, the customer undertakes to provide his truthful identification elements.
The Seller reserves the possibility to refuse the order, for example for any abnormal request, carried out in bad faith or for any legitimate reason
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company's Internet sites. The customer attests to having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The seller undertakes to honor the order of the customer within the limit of the stocks of products available only. If not, the seller informs the customer. This contractual information is presented in detail and in French language. According to French law, they are the subject of a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the products and their prices shall be specified on the company's Internet sites, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of goods or services. Except for special conditions, the rights granted hereunder are only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions on compliance and hidden defects, the seller reimburses or exchanges the defective products or does not correspond to the order. The refund may be requested in the following way: contact by email the seller, specifying the reasons for the defect, attach a photo if possible of the defect in question, return of the defective product to the seller's charge, replacement or refund if the Defect is found by the seller, without defect caused by the return transport.
Article 5: Retention of title Clause
The products remain the property of the company until the full payment of the price.
Article 6: Modalities of delivery
The products are delivered to the delivery address which was indicated during the order and the time specified. This delay does not take into account the time to prepare the order.
In case of delay of dispatch, the customer can contact the seller in order to find a solution.
In the event of a delay in delivery, the customer has the possibility of resolving the contract in the terms and conditions laid down in article L 138-2 of the consumer Code. The seller then proceeds to the reimbursement of the product and to the "go" fees under the conditions of article L 138-3 of the consumer Code.
The seller makes available a telephone contact point (cost of a local communication from a fixed station) indicated in the order confirmation email in order to keep track of the order.
The seller recalls that at the time when the customer is physically holding the products, the risks of loss or damage to the products are transferred to him. It is up to the customer to notify the carrier of any reservations on the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. If an item is unavailable for a period of more than 7 working days, you will be immediately notified of the foreseeable delivery times and the order of this item may be cancelled on request. The customer will then be able to apply for the amount of the item or his refund.
Article 8: Payment
Payment is payable immediately to the order, including for pre-order products. The customer can make the payment by credit card, bank check, bank transfer and PayPal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network: It uses the SSL protocol (secure Socket Layer). Once the payment is initiated by the customer, the transaction is immediately debited after checking the information. In accordance with article L. 132-2 of the monetary and financial Code, the commitment to pay given by card is irrevocable. By communicating its bank information at the time of sale, the customer authorizes the seller to debit his card of the amount relative to the price indicated. The customer confirms that he is the legal holder of the card to be charged and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved as of right and the order cancelled.
Article 9: Time limit for withdrawal
According to article L. 121-20 of the consumer Code, "the consumer has a period of fourteen free days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, if any, of the costs of Return ". "The time limit referred to in the preceding paragraph runs from the date of receipt for the goods or acceptance of the offer for services". The right of withdrawal can be exercised by contacting the company by email or telephone.
In the event of the exercise of the right of withdrawal within the abovementioned period, only the price of the product (or products purchased) and the shipping costs will be reimbursed, the return costs remain the responsibility of the customer.
The returns of the products are to be carried out in their original state and complete (packing, accessories, leaflet...) so that they can be re-marketed in new condition; They should be accompanied by a copy of the proof of purchase if possible.
In accordance with the legal provisions, you will find below the standard form of retraction to be addressed to the following address: Pierre Haenel-Nepal Dream Tea, 17 rue de la Comet, 34470 Pérols. Refund procedure: Indicate your surnames, address, date of purchase, Order No., specify the product you wish to return, indicate the type of refund (transfer, CB, cheque) or receipt of a valid credit on the site.
Article 10: Guarantees
According to the law, the seller assumes two guarantees: of conformity and concerning the hidden defects of the products. The seller reimburses the purchaser or exchanges the products apparently defective or not corresponding to the order made.
The refund request must be made in the following way: Contact the seller by email or telephone indicating your surnames, address, date of purchase, Order No., the defective product, the type of refund (transfer, CB, cheque) or the Receipt of a valid assets on the site.
The seller recalls that the consumer:
-Has a period of 2 years from the issuance of the property to act with the seller
– It may choose between the replacement and repair of the property which is apparently defective or does not correspond.
– It is exempted from proving the existence of a failure to comply with the property during the six months following the issuance of the property.
– Except for second-hand goods, this period shall be increased to 24 months from 18 March 2016
– The consumer can also enforce the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the selling price (provisions of Articles 1644 of the Civil Code).
Article 11: Claims
Where applicable, the purchaser may submit any claim by contacting the micro-enterprise by means of the following coordinates: Pierre Haenel-Nepal Dream Tea, 17 rue de la Comete, 34470 Pérols. Indicate your surnames, address, date of purchase, Order No., specify the claim.
Article 12: Intellectual Property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of such property for any reason whatsoever is strictly prohibited.
Article 13: Force Majeure
The performance of the seller's obligations at the end of the present is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and amendment of the contract
If any of the provisions of this Agreement were annulled, that nullity would not result in the nullity of the other provisions which will remain in force between the parties. Any contractual change is valid only after a written and signed agreement of the Parties.
Article 15: Protection of personal data
In accordance with the computer and liberties law of January 6, 1978, you have the right to interrogate, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to our collection and use of this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the company and its partners. You can unsubscribe at any time. All you need to do is click on the link at the end of our emails or contact the processing manager (the company) by letter RAR. We carry out on all our sites a follow-up of the attendance. For this we use tools such as Google Analytics.
Article 16: Applicable law
All the clauses contained in these general conditions of sale, as well as all the transactions of purchase and sale referred to therein, shall be subject to French law.
Our general terms of sale have been developed from a free and free template that can be downloaded from the website https://www.donneespersonnelles.fr/