General terms and conditions of sale
Identification
Publisher of the site https://www.nepaldreamtea.com: Pierre Haenel
Nepal Dream Tea
Headquarters: 17 rue de la Comete-34470 PEROLS
Siret: 8395340300011 Tel: 06 06 41 89 67
The micro-enterprise can be joined by email by clicking on the contact form accessible via the home page of the site.
hereinafter the "seller".
On the one hand,
and the natural or legal person carrying out the purchase of products, hereafter, "the purchaser", or "the customer"
On the other hand,
It was stated and agreed as follows:
The seller is a publisher of products exclusively intended for consumers, marketed via the website (https://www.nepaldreamtea.com).
The list and description of the goods proposed by the seller can be found on the aforementioned site, hereinafter referred to as the site.
General Conditions of sale of the products
Article 1-Application and enforceability of the general Conditions of sale
The present general Conditions of sale (hereafter "The terms of business") govern exclusively the sale of our products on the site www.nepaldreamtea.com (hereafter "the site ").
As a result, buying our products implies the purchaser's full and unreserved adherence to the GTC. Also, the validation by the purchaser of his order on the Site is worth acceptance by this one of the GTC.
Unless otherwise noted, the data recorded on the Site constitutes proof of all transactions between the seller and the purchaser.
The fact that our Mico-company does not avail itself at any time of any of the terms of these GTC shall in no case be construed as a waiver by the seller to avail itself of any of the said Clauses. Similarly, any condition, contrary to the GTC, requested by the purchaser not accepted by the seller is unenforceable.
Article 2-Orders
The buyer has the option to place his order online only if he has completed the order form on the Site.
The orders placed on the Site are recorded as soon as the order is validated by the purchaser (by clicking on the button "Validate ").
However, the order becomes definitive only when it has been the subject of payment of the order.
The contract information and the GTC are presented on the Site in French and will be confirmed by the seller at the latest at the time of delivery of the products.
The Seller reserves the right to cancel or refuse any order of a purchaser with whom there is a dispute concerning the payment of an earlier order.
Item 3-Availability and quantity ordered
Our product offerings and prices are valid as long as they are visible on our Site, within the limits of available stocks.
In the event of an unavailability of one or more products after the buyer's order, except in cases of force majeure provided for in article 14 below, the purchaser shall be notified immediately and shall have the possibility to cancel his Command. The reimbursement of the sums paid will then be made by credit in the bank account of the purchaser or by bank check addressed to his name at the billing address, within 30 days after the payment of the price by the purchaser.
Article 4-price-Transfer of ownership
4.1. The prices of the products are indicated in euros and include the costs of handling, packaging and preserving the products but not the shipping costs.
For metropolitan France and the countries of the European Union, prices are all inclusive of taxes (incl. VAT).
The shipping costs of the products depend on their place of delivery, namely:
Delivery in Metropolitan France:
The seller offers two modes of delivery:
-standard delivery in letter followed at the address which it will take care to indicate, with a remittance in mailbox without signature. The shipping cost depends on the weight, calculated automatically when taking orders from the site. From €55 of purchase (discounts deducted), this mode of delivery is offered.
-Standard delivery in So Colissimo to the address that it will take care to indicate, with a discount against signature. The shipping cost depends on the weight, calculated automatically when taking orders from the site. From €70 of purchase (discounts deducted), this mode of delivery is offered.
Delivery in the DOM-TOM and foreign:
Any delivery in the DOM-TOM and abroad is systematically processed in "international delivery" according to the postal tariffs in force on the day of the order.
As regards deliveries to DOM TOM and countries outside the European Union, customs or import taxes may be added to the price of our products and remain the responsibility of the purchaser. It is therefore the buyer's responsibility to inquire about their amount from their local customs office.
4.2. The Seller reserves the right to change the price of the products at any time. However, the products will be billed on the basis of the rates in effect at the time of the purchase of the order by the purchaser.
4.3. The products remain the property of the seller until the full payment of their price.
4.4. Discounts are not cumulative.
Article 5-Delivery
5.1-General
The products are delivered to the delivery address indicated by the purchaser when ordering.
The purchaser is required to carry out all the necessary diligences to ensure the delivery is completed. As such, it is required to provide all the necessary information for delivery (exact address, door code etc.). Otherwise, the seller will not be liable for a defect in delivery. In such a case, the products will be returned to the seller's head office and the purchaser will have to contact the seller in order to be aware of the steps to take to recover the ordered products. The Vendeurdécline is responsible for the time for recovery by the purchaser of its products.
5.2-Deadlines
Orders are processed the day after they are recorded.
Orders placed on Fridays, Saturdays or Sundays are processed on the following Monday.
Orders placed on a holiday are processed on the following business day.
If the entire order is not available, the seller will contact the purchaser to propose to replace the product (s) unavailable by one or other products. In the event of a refusal by the purchaser, the seller will either reimburse the products unavailable or to split shipments, depending on the buyer's choice. For the balance of the order, the shipping costs will not be charged.
The products are delivered:
-either in letter followed with delivery (without signature) in mailbox for orders to be delivered in metropolitan France. The shipment of the order will be made within 2 working days following its registration. The time limit generally found for the delivery of the goods is 2-3 working days after the processing and dispatch of the parcel by the seller (normal period of transmission given by the post). It is possible to find a pass notice when the parcel is too large to be deposited in a letter box, it will indicate the post office which will keep the parcel for 2 weeks.
-either in so Colissimo followed with unsigned delivery for orders to be delivered in metropolitan France, as well as in DOM TOM and abroad. The orders are hand-delivered to the purchaser (against signature and on presentation of proof of identity). The shipment of the order will be made within 2 working days after its registration. For metropolitan France, the time limit is usually 1 to 3 working days after processing and dispatch of the parcel by the seller (normal delivery time given by the post). If the buyer is absent at the time of delivery, the parcel is kept for 2 weeks by the Post office of which the purchaser depends. For DOM TOM and abroad, local delivery times vary from one country to another.
-or in Colissimo International for orders to be delivered outside the European Union. The shipment of the order will be made within 2 working days following its registration. The generally accepted time limit for delivery varies according to the recipient countries between 3 and 12 days after processing and dispatch of the parcel by the seller (normal period of dispatch given by the post).
In case of payment by cheque, the order will be processed only upon receipt of the cheque. As a result, the delivery time will begin to run from the receipt of the cheque and can therefore be changed from the one mentioned on the day of the order.
If the products have not been delivered within 11 days for metropolitan France and within a period of 21 days for DOM TOM and abroad, except in cases of force majeure provided for in article 14 below, the sale may be cancelled , by registered letter with request for notice of receipt from the purchaser to the seller, the details of which are given in article 10 below. The purchaser may then obtain restitution of his payment under the conditions laid down in article 8 below, excluding any other indemnity or damages.
Similarly, if the products have been shipped after the maximum time limits referred to in the above paragraph, the purchaser will also be able to cancel his order and request reimbursement of the returned products, in their original state accompanied by the purchase invoice , as well as a return fee.
In any event, delivery within the prescribed time limit can only be made if the purchaser is up to date with his payments to the seller.
5.3-Delivery problems
The buyer is required to check the condition of the packaging and the conformity of the products delivered as soon as the parcel is delivered to him by mail.
Any claim for non-conformity of the products delivered must be notified by the purchaser, by registered letter with request for notice of receipt, within 72 hours after its receipt. An e-mail may also be sent to the following address:
Contact@nepaldreamtea.com.com.
Any claim on the apparent defects of the products delivered must be notified by the purchaser within 8 days of receipt by sending a registered letter with acknowledgement of receipt to the seller or an e-mail to the following address:
Contact@nepaldreamtea.com.
It will be up to the purchaser to provide the seller with any justification necessary for his claim.
In the event that the claim is accepted by the seller, the purchaser may benefit from the conditions of reimbursement or exchange provided for in article 13 below.
In the absence of a claim made within the aforementioned periods, the products shall be deemed to be compliant and accepted by the purchaser.
5.4-Order Tracking
As soon as the seller sends the ordered products, an e-mail is sent to the purchaser.
Article 6-Payment
-either by credit card: Visa, MasterCard and other blue cards. The debit of the card is made as soon as the order is taken.
-either by PayPal account
-or by bank cheque drawn up to the order of Pierre Haenel.
In case of delay or failure to pay, the seller may suspend all orders in progress, without prejudice to any other course of action.
Article 7-Right of withdrawal
Pursuant to the provisions of articles L. 121-21 and following of the consumer code, following its online order, the customer has a period of 14 working days from the date of delivery to exercise a right of withdrawal. If the time limit expires on a Saturday, a Sunday, a public holiday or a nonworking day, this period is extended until the first business day thereafter.
To exercise your right of withdrawal, the purchaser must send a letter specifying "Derétractation request" to the following address or by e-mail: contact@nepaldreamtea.com
Pierre Haenel
Nepal Dream Tea
17 rue de la Comete
34470 PEROLS
Upon receipt of your request, the seller will contact you to arrange the return of the products. The direct costs remain at your expense.
The refund will be made via the payment method used at the time of purchase and will be made as soon as possible from the date of receipt of the product (s) returned and at the latest within 14 days of their receipt (s).
The refund may only be made if the product is returned in perfect condition, in its original packaging, accompanied by all its accessories, documentation and the original of the purchase invoice. Products used, incomplete, damaged, damaged or mixed in an inseparable manner with other products may not be reimbursed.
The customer who has ordered is the only one who can exercise this right of withdrawal. In the case of delivery to a different person, this right cannot be exercised by the recipient of the order.
Article 8-reimbursement
The reimbursement of the products in the assumptions referred to in articles 5, 7 and 13 shall be carried out within 14 days of receipt of the products returned by the purchaser.
The refund will be made to the seller by credit on the buyer's bank account or by bank cheque addressed to his name at the billing address. No repayment will be accepted for any reason.
Article 9-Securing
The Site is the subject of a security system. The seller has thus adopted the SSL encryption process in order to protect as effectively as possible all sensitive data related to the means of payment.
Article 10-Customer Service
For any information or questions about the products, the seller is at your disposal from Monday to Thursday from 9am to 6pm and until 5pm on Friday:
Phone: 06 06 41 89 67
Address: Pierre Haenel, 17 rue de la Comete 34470 PEROLS
The following email address is also available to the purchaser:
Contact@nepaldreamtea.com.com
Article 11-Intellectual property
11.1. All visuals, photographs, texts, comments, works, illustrations, drawings and images reproduced on the Site are subject to copyright and intellectual property rights for the whole world. Any total or partial reproduction of the Site is strictly forbidden.
11.2. The purchaser agrees not to use the products in such a way as to impair the seller's rights.
Article 12-Liability
The products offered on the Site are in conformity with the French legislation in force and the standards applicable in France.
The photographs of the products on the Site are communicated as illustrative and therefore have no contractual value. The purchaser is invited to refer to the description of each product appearing on the Site to know the characteristics and in case of doubt or if additional information is desired, to contact the seller whose contact details are in Article 10 above.
Article 13-Guarantees
The purchaser benefits from the legal guarantees of conformity of the property to the contract and the latent defects in accordance with the legal provisions specified in annex A of these GTC.
Thus, the seller undertakes, at the option of the purchaser, to reimburse him or to exchange him, the products apparently defective or not corresponding to his order.
The products must be returned to us new, complete, in their original condition (packing, accessories...) and accompanied by the original of the purchase invoice.
No products may be refunded or exchanged until they have been reshipped and received by the seller.
It will be up to the purchaser to provide the seller with any justification as to the reality of the anomalies or defects.
He will refrain from interfering with himself or involving a third party for that purpose.
The provisions of this article shall not preclude the non-professional purchaser from benefiting from the right of withdrawal provided for in article 7 below.
Article 14-Force majeure
Neither party will have failed to fulfil its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or a case of force majeure. will be considered as fortuitous or force majeure any fact or circumstance irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all efforts Reasonably possible. The Party concerned by such circumstances shall notify the other within 7 working days of the date on which it is informed.
The two parties will then come closer, within 30 days, to examine the impact of the event and agree on the conditions under which the execution of the order will be continued. If the fortuitous event or the case of force majeure lasts longer than 60 days, the product order may be terminated by the injured party. Expressly, are considered as fortuitous cases or cases of force majeure in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, delivery or supplies, the tremors of land, fires, storms, floods, lightning, shutdown of telecommunication networks.
Article 15-Applicable law-litigation
The present terms and conditions have been written in French, which will be considered, in all hypothesis, as the sole language of the parties. The interpretation and execution of these GTC, as well as all acts which would be the result or consequence, shall be subject to French law, irrespective of the place of delivery of the products, the place of order, the nationality of The buyer and his address. Any dispute with professionals and/or traders resulting from these GTC and/or any order that will be addressed to the seller and/or any sale made by the seller will be subject to the exclusive competence of the Commercial Court of Montpellier, even In the case of an appeal in warranty or plurality of defendants or incidental request.
Article 16-Personal information
In France, personal data are protected in particular by Act No. 78-87 of 6 January 1978, Act No. 2004-801 of 6 August 2004, article L. 226-13 of the criminal Code and the European Directive of 24 October 1995.
On the occasion of the use of the site, can be collected: the URL of the links through which the user has accessed the site, the user's access provider, the Internet protocol address (IP) of the user.
In any case the seller collects personal information relating to the user only for the need of certain services offered by the Site. The user provides this information in full knowledge of the facts, especially when he or she proceeds to the seizure. It is then specified to the user of the Sitel'obligation or not to provide this information.
In accordance with the provisions of articles 38 and following of Act No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, any user has a right of access, rectification and opposition to personal data on Concerning, by making his written request and signed, by letter RAR, accompanied by a copy of the identity document with signature of the holder of the part, specifying the address to which the reply is to be sent.
No personal information of the user of the Site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the redemption of the seller and his rights would allow the transmission of the so-called information to the prospective purchaser, who would in turn be given the same obligation to preserve and modify the data vis-à-vis the user of the Site.
The client file was declared to the CNIL under Number 2056044.
The databases are protected by the provisions of the Law of 1 July 1998 transposing directive 96/9 of 11 March 1996 on the legal protection of databases.
The seller keeps track of the attendance of the Site. For this we use tools such as Google Analytics.
Article 17-Cookies
Cookies refer to small information files that a Web site can send to a personal computer's hard drive and then trace it back. The cookies used on the Site identify the services and topics that the buyer has visited, and more generally his behaviour in terms of visits. This information is useful to better personalize the services, content and offers that appear on the Site. Cookies are also necessary for the proper functioning of certain services or to measure their audience.
In addition to the buyer's prior information on the insertion of cookies, his or her consent may be required in some cases via acceptance of the mention at the top of the Site pages. If the buyer's personal Computer browser is configured to refuse cookies or if the purchaser does not accept their installation, access to certain services on the Site may be altered or impossible. The buyer can disable the cookies or delete them using the options of his browser. Since each browser is different, the buyer is prompted to check his browser's manual to set it up at his convenience. The shelf life of this information in the purchaser's computer is up to 13 months from the time of placement.
Appendix A
Article L. 211-4 of the consumer Code
The seller is required to deliver a contract-compliant property and responds to defects in conformity that exist at the time of issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility.
Article L. 211-5 of the consumer Code
To comply with the contract, the property must:
1 °-be specific to the usual expected use of a similar property and, if applicable:
correspond to the description given by the seller and possess the qualities which he presented to the purchaser in the form of sample or model
Present the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling
2 °-or present the characteristics defined by common agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which he has accepted.
Article L. 211-12 of the consumer Code
The action resulting from the failure to comply is prescribed by two years from the issuance of the property.
Article 1641 of the civil Code
The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use to which it is intended, such use, that the purchaser would not have acquired it, or would have given it a lesser price if he had Known.
Article 1648 paragraph 1 of the civil Code
The action resulting from the redhibitory defects must be brought by the purchaser within two years after the discovery of the defect.
Note:
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/