General terms of sale
ARTICLE 1 - Scopes
"Les Trois Frères Biltong" is a website having the objective to sell products and services of "biltong or dried beef" exclusively aimed at consumers.
The present General terms of sale apply to all the on-line sales concluded by the seller with non-professional buyers, mentioned below as "The buyer(s)", wishing to acquire products and services, mentioned below as "The Product(s)", proposed in the sale by the seller, mentioned below as "The Seller", on the www.tfbiltong.com Site, mentioned below as, "The Site".
They specify in particular the conditions of order, payment, delivery, management of the possible returns of Products commanded by the Buyers. This action is realized in association with the Seller who proposes the Products.
These general terms of sale which can be the object of later modifications, the version applicable to the purchase of the Buyer is the one current on the Site in the date of the confirmation of the order.
The present general terms of sale apply to the orders made from 18/04/2016.
The main characteristics of Products, in particular specifications, illustrations and indications of dimensions or capacity of Products, are presented on the Site www.tfbiltong.com.
The Buyer has to acquaint with it before verifying the order.
The choice and the purchase of a Product is the only responsibility of the Buyer.
Photos and graphics presented on the Site www.tfbiltong.com are not contractual and would not know how to engage the responsibility of the Seller.
The Buyer has to refer to the description of every Product to know the properties and the essential peculiarities.
The offers of Products correspond within the limits of the quantities proposed by the Seller.
The address and phone number of the Seller are the following ones:
Address: SAS Les Trois Frères Biltong, 201 Avenue des Aygalades, Park Actilauze, 13015 Marseille
E-mail address: firstname.lastname@example.org
Telephone: 09 86 47 97 27
N SIRET: 812 885 614 00014
N RCS: 812 885 614 R.C.S. MARSEILLE CAPITAL SOCIAL: 10 000 €
N VAT: FR 30 812 885 614
Director of publication: Warren STRIBLING
The present General terms of sale apply without prejudice general terms of sale applicable to every Partner that it is about sales which will have been delivered, available in point of sale or bound to a reservation.
These General terms of sale are accessible at any time on the www.tfbiltong.com Site and will prevail, where necessary, on any different version or any other contradictory document.
The Buyer declares to have acquainted with the present General terms of sale and to have accepted them by checking the box planned for that purpose before the implementation of the procedure of on-line order.
Unless proved otherwise, the data recorded in the computer system of the Seller establish the proof of the set of the transactions concluded with the Buyer.
ARTICLE 2 - general Process
The Buyer will have to follow a series of stages specific to every Product proposed by the Seller to be able to achieve his order.
The stages described below are systematic:
Information about the essential characteristics of the Product;
Choice of the Product, if necessary its options and the indication of the essential data of the Buyer (identification, address);
Acceptance of the present General terms of sale.
Check of the elements of the order and, where necessary, correction of the errors.
Follow-up of the instructions for the payment, and the payment of Products.
The Buyer will then receive confirmation by e-mail for the payment of the order, as well as an acknowledgement of receipt of the order confirming it. They will receive the present general terms of sale.
Delivery of Products.
For the delivered products, this delivery will be made at the address indicated by him/her, the Buyer. For the purposes of completing the order, and according to the article 1316-1 of the Civil code, the Buyer makes a commitment to supply his sincere elements of identification.
The Seller saves himself the possibility of refusing the order, for example for any abnormal request, made in bad faith or for any justifiable motive.
ARTICLE 3 - Price
Products are shown in the current price as appearing on the www.tfbiltong.com Site. The prices are expressed in Euros and Inclusive of all taxes (TTC) and exactly determined on the pages of descriptions of Products.
All the expenses and the additional taxes (for example VAT, postal charges, eco-participation, royalty for private copy) are, where necessary, indicated clearly on the product sheet or the summary of order.
For all the Products sent out of the European Union and/or FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES, the price is calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes either import duties or taxes of state may be due in certain cases. These rights and naps do not recover within the competence of the Seller. They will be chargeable to the Buyer and are(are a matter) of his responsibility (declarations, payment with competent authorities, etc.). The Seller invites as such the Buyer to inquire about these aspects with the corresponding local authorities. The Seller saves himself the possibility of modifying its prices at any time for the future. The expenses of telecommunication necessary for the access to the Site are chargeable to the Buyer. If necessary also, the expenses of delivery.
ARTICLE 4 - terms of payment
System of payment Stripe
Le Seller calls on to the system of payment Stripe, During the payment the account ID of the Buyer is calculated on the computer of this one, then passed on under unintelligible form aimed at alone waiters capable of deciphering them. Authorizations and data are then verified with his bank to avoid abuses and frauds.
Control and Security of payments:
The security of the payment between the Buyer and the service of payment Stripe rests on the implementation of a secured technology Transport Security Layer ( TSL). The information relative to the payment is coded when they circulate on the Internet. Account ID being necessary to make the payment, the Buyer is presumed major or active with the agreement of at least one of his legal representatives, a purchase made by a minor could not be imputed to the Seller because the detention of a means of payment makes presume the capacity of the Buyer.
Besides, the Seller reserves the right, in case of failure to respect the terms of payment representing above, in particular in case of nonpayment or in case of insolvency, to suspend or to cancel the delivery of orders on hand made by the Buyer.
No additional fee, upper to the costs supported by the Seller for the use of a means of payment can be charged to the Buyer. The use of the platform of payment Stripe is totally free for the Buyer. A confirmation of payment is sent to the e-mail address indicated by the Buyer.
If you suspect that your account was usurped, contact as quickly as possible our Customer service by e-mail at the address email@example.com.
Payment by check
The Seller accepts the method of payment by check.
The processing time of the command is longer with this method of payment.
The Buyer has to write the check for the total amount of the order, in the order of "SAS Les Trois Frères Biltong".
The number of the order and the name with which you placed the order is essential during the sending of the check for the treatment of the order.
Upon receipt of the check, the expedition of the order is made.
Mailing address for the sending of the check:
SAS Les Trois Frères Biltong, 201 Avenue des Aygalades, Park Actilauze, 13015 Marseille
ARTICLE 5: availability and presentation
The orders will be handled while stocks last or subject to available stocks at our suppliers. In case of unavailability of an article for a period superior to five ( 5 ) working days, you will immediately informed of a predictable extension of delivery and the order of this article can be cancelled on simple request. The Buyer can then ask for credit for the amount of the article or his refund.
ARTICLE 6 - Modality of delivery
Products ordered by the Buyer will be only delivered in metropolitan France within expedition indicated in the Product page, of which is added the processing time and routing to the address indicated by the Buyer during his/her order on the Site www.tfbiltong.com.
The delivery is established by the transfer to the Buyer of the physical ownership or the control of the Product.
Except particular case or unavailability of one or several Products, the ordered Products will be delivered at one time.
The Seller makes a commitment to make his best efforts to deliver products ordered by the Buyer for the deadlines above specified. These deadlines are communicated for information purposes. In case of delay of shipping, the Seller will inform the Buyer of the delay.
However, if the commanded Products were not delivered within thirty (30) days after the date of validation of command, for any other cause when the force majeure or the fact of the Buyer, the sale can be solved in the written request of the Buyer in the conditions planned to articles L 138-2 and L 138-3 of the Code of the consumption. The sums paid by the Buyer will then be restored to him at the latest of fourteen (14) days which follow the date of termination of the contract, with the exception of any compensation or restraint.
The deliveries are assured as in principle by an independent carrier, at the address mentioned by the Buyer during the order, this address must be complete.
When the Buyer himself chooses a carrier himself(herself), the delivery is considered made from the time the Products ordered leave the Sellers and the carrier delivers the Products sold to the Buyer who accepts them without reserves. The Buyer thus recognizes that it is to the carrier that it is up to make the delivery and arranges no appeal in guarantee against the Seller in case of non-delivery of the transported goods.
In case of particular request the Buyer concerning the conditions of packaging or transport of the ordered Products, duly accepted in writing by the Seller, the connected costs will be the object of an additional specific invoice, estimated beforehand and accepted in writing by the Buyer.
The Seller will pay off or will replace as soon as possible and at its expenses, the delivered Products among which the defects of conformity or the visible or hidden defects will duly have been proved by the Buyer, in the conditions planned to articles L 211-4 and following ones of the Code of the consumption and those planned in the present General terms of sale (see guaranteed, in particular).
The risks connected to the transport are supported by the Seller, under the condition that the Buyer verified the goods during their reception in the presence of the carrier and meant in writing on the travel voucher, if need be, the observed precise reserves and the same in case of postage-paid shipping. Unless otherwise agreed, the Seller chooses freely the carrier. In case the parcel would be too much damaged, the Buyer has to refuse it. In the case of a loss of parcel during the transport, the deadlines of investigation can vary according to the carriers and set of one to four weeks.
During the reception of the parcel, the Buyer has to watch to make a visual control before signing the slip of the deliverer. If the parcel is not in a perfect state, the Buyer has to add reserves on the slip of the deliverer specifying the noticed damage, before signature. No complaint can be declared to the carrier if no reserve was emitted. The Buyer has to refuse the delivery if the goods are damaged, missing or if the parcel was opened or repackaged (except passage in customs).
For shipments Colissimo, if after receiving the package, you discover that a product has been damaged during transport, you must go see the problem to your local post office within 48 business hours of signing the receipt slip . Following this finding, an official document will be issued by the post office (it must include the No. Colissimo).
In case of anomaly, we ask you to kindly confirm this problem the same day or within one business day after receipt of your order, stating the Customer Service to firstname.lastname@example.org email address.
In case of damage, you must issue clear written and detailed reserves on the delivery note of the carrier in the presence of it or its employees. To help you in these procedures, please contact us via our customer service email address email@example.com. The goods accepted without reservations detailed by the recipient at the time of delivery and / or failing to claim through our Customer Service email address firstname.lastname@example.org, within three (3) days, is deemed arrived in good condition and in full (number of packages, products, identity to the command, etc.). No claim will be supported by the Seller. For any questions or problems you may encounter, please contact us via our customer service to email@example.com email address.
If the package is too damaged and the Buyer refuses, Seller agrees to return as soon as possible the order to the Buyer.
ARTICLE 7 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's products for the benefit of the Buyer, will occur only after full payment by the latter, and this whatever the delivery date of the Products.
Whatever the date of transfer of ownership of products, the transfer of risk of loss and damage thereto, will be realized only when the Buyer takes physical possession of the products.
ARTICLE 8 - Seller Liability - Legal Guarantees
8.1 Seller's liability Exemption
The Seller agrees that products sold on the Site www.tfbiltong.com comply with the regulations in force in France and have performance compatible with non-professional uses. In case of conflict with any legal provision, the Seller is responsible for the compliance of their products.
The Seller is liable for defects of conformity of the contract under the terms of Article L. 211-4 and following of the Consumer Code and hidden defects of the thing sold in accordance with Article 1641 of the Code civil. The consumer benefits free of right: the legal guarantee of compliance and the legal guarantee against hidden defects.
The implementation of legal safeguards (compliance, hidden defects) is exercised directly with the Seller.
Article 8.2 - Legal guarantee Seller Compliance
When the consumer is in legal guarantee of conformity: it has a period of two (2) years from delivery of the product to act; he can choose between repair or replacement, subject to the cost conditions laid down in Article L. 211-9 of the Consumer Code; it is given to prove the existence of the lack of conformity of the property during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for used goods.
The Seller will refund, replace or repair the Products or warranty parts deemed non-compliant or defective.
Article 8.3 - Legal warranty against hidden defects of the Seller
The consumer benefits from the legal guarantee against hidden defects from faulty material, design or manufacture affecting the products delivered and making them unsuitable for use.
According to Article 1641 of the Civil Code, "The Seller is required to guarantee against hidden defects of the thing sold which render it unfit for use for which it was intended, or that decrease this use that buyer would not have acquired, or would have paid a lower price if he had known. ". Buyer consumer has a period of two (2) years from discovery to act, he can choose between canceling the sale or reduction of the purchase price in accordance with Article 1644 of the Civil Code.
Section 8.4 - Provisions common to the legal guarantee of conformity and hidden defects
Products deemed defective or nonconforming shall be made as soon as possible and at the latest within thirty (30) days following the finding by the Seller the lack of conformity or hidden defects.
The Seller will refund, replace or repair the Products or warranty parts deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced price, return costs will be reimbursed on presentation of receipts.
Reimbursement will be made by crediting the bank account of the Buyer or by check sent to the Buyer.
Article 8.5 - Seller Responsibility
The responsibility of the Seller shall not be incurred in the following cases:
- Non-compliance with the legislation of the country where the Products are delivered, it is the Buyer to verify,
- In case of misuse, use for professional purposes, neglect or lack of maintenance on the part of the Buyer, as in case of normal wear and tear of the Product, accident or force majeure.
The guarantee of the Seller is in any case limited to replacement or refund of non-conforming products or given a defect.
ARTICLE 9 - Right of withdrawal
Article 9.1 - The right of withdrawal
In accordance with Articles L121-21 of the Consumer Code, the consumer has a right of withdrawal for products and services purchased through the Seller.
The exceptions to the withdrawal:
When the consumer has opted for a more expensive method of delivery as standard delivery mode, it supports the difference between the two modes.
When the consumer has damaged the good by doing it in a manner contrary to the usual functions, it supports the repair costs of the damage.
Under Article L121-21-5 of the Consumer Code, when the consumer withdraws for a delivery partially performed services, it bears the costs for the service provided to the communication of the decision to withdraw.
Article 9.2 - The procedures for exercising the right of withdrawal
The period: The consumer has a period of fourteen (14) days to exercise his right of withdrawal.
For contracts of sale of goods, depending on the situation, that period starts to run from:
- From the day of receipt of the property by the consumer or a third party other than the carrier, designated by him;
- In the case of an order for several goods when they are delivered separately or when delivery is staggered, the period runs from the receipt of the last good.
If service provision contract, the period runs from the time of conclusion of the contract.
The withdrawal period will expire on the 14th day following receipt of the property by the consumer.
The form of withdrawal: the consumer must clearly notify the Seller of its desire to withdraw.
This information must be made:
- By writing clear and understandable to the address of SAS Les Trois Frères Biltong, 201 Avenue Aygalades, Actilauze Park, 13015 Marseille.
by email to the email address firstname.lastname@example.org.
By completing and sending the form template below by email or in writing as provided above:
MODEL FORM OF WITHDRAWAL (Annex to the art R121-1 of the Consumer Code)
(*) Delete as appropriate.
(Complete and return this form only if you wish to withdraw from the contract.)
Attention SAS Les Trois Frères Biltong 201 Avenue Aygalades, Actilauze Park, 13015 Marseille:
I / We (*) notifies you / Notifies (*) by my / our (*) Cancellation of the contract for the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received (*):
Name (s) Consumer (s):
Address (of) consumer (s):
Signature (of) consumer (s) (only if notification of this form on paper):
Following the notification of withdrawal, the Seller acknowledges receipt thereof.
Article 9.3 - The effects of the withdrawal right
If performance of the contract, the consumer returns or returns the property to the Seller.
According to Article L121-21-3 of the Consumer Code, the Buyer consumer must return or return the property without undue delay NO LATER THAN, IN FOURTEEN (14) DAYS FROM THE DECISION OF WITHDRAWAL. In case of non-compliance with this obligation, the Seller reserves the right not to refund amounts.
If the contract has not been executed, especially if the property has not yet been sent or payment has not been completely released, the withdrawal made by the consumer terminates the obligations of the parties.
When the right of withdrawal is exercised with the Seller, the Seller must refund the consumer the total amount paid, including the costs of delivery without undue delay and no later than within 14 days of the withdrawal decision . The Seller is not required to refund the full amount paid when the service has been partially executed. In this case the proportionate cost of the service provided to the decision of withdrawal is supported by the consumer.
The Seller makes the reimbursement of those sums via bank transfer or sending a check.
Article 9.4 - Product Return costs
The cost of returning the goods are borne by the Buyer. The transportation of returned products is the responsibility of the Buyer. The price for return of the product by the Buyer will depend on the carrier that the Buyer has chosen to return the product.
Article 9.5 - Exceptions to the right of withdrawal
According to Article 12 of the code L121-21-8 consumption no right of withdrawal is only possible for contracts:
1. To supply fully executed before the end of the withdrawal period and services whose performance began after prior express consent of the consumer and expressly waiving his right of withdrawal;
2 ° provision of goods or services whose price depends on fluctuations in the financial market which controlled by the Seller and which may occur during the withdrawal period;
3 ° provision of goods made to the consumer's specifications or clearly personalized;
4. From supply of goods liable to deteriorate or expire rapidly;
5. To provide goods which were unsealed by the consumer after delivery and can not be returned for hygiene or health protection reasons;
6. In providing goods which, having been delivered and by their nature, are mixed inseparably with other items;
7. From supply of alcoholic beverages whose delivery is delayed beyond thirty days and the value agreed to conclude the contract depends on market fluctuations outside the professional control;
8. From maintenance and repair work to achieve urgently the consumer's home and expressly requested by it, within the limits of spare parts and strictly necessary work to respond to the emergency;
9 ° Of supply of audio or video recordings or computer software that have been unsealed by the consumer after delivery;
10 ° Of supply of a newspaper, periodical or magazine, except for the subscription contracts to these publications;
11 ° Concluded at a public auction;
12 ° From hosting services other than residential accommodation, goods transportation services, car rentals, catering or leisure activities to be provided on a date or at a specific period;
13 ° Of supply of digital content not supplied on a tangible medium whose implementation began after prior express consent of the consumer and expressly waiving his right of withdrawal.
ARTICLE 10: Complaints
A policy of transparency will ensure the Buyer the best services, if applicable, Buyer may submit any claim by contacting the Seller using the following coordinates:
- Email: email@example.com
- Contact telephone: 09 86 47 97 27
- Mailing address: SAS Les Trois Frères Biltong, 201 Avenue Aygalades, Parc Actilauze, 13015 Marseille
Buyer is informed that he can in any case use a conventional mediation, in particular with the Commission of mediation consumption (Article L534-7 of the Consumer Code. Information on the website www.mediation-conso.fr) or from existing sectoral mediation bodies, or any alternative dispute resolution (conciliation, for example) in case of dispute.
Where applicable, any dispute relating to these Terms of Sale or services offered on the website www.tfbiltong.com is subject to the French courts.
ARTICLE 10 - Product referral arrangements by Buyer
To fully benefit from the conditions of the Article 8 - Liability of the Seller - Legal guarantees and those of Article 9 - Retraction Right, Buyer must return the product or service directly to the Seller in accordance with the terms of reference Seller of the product. The product removal procedures you will be reminded by e-mail upon receipt of the application for revocation.
The Product must be properly protected in their original packaging, with all accessories, manuals and documentation, labels; in perfect condition for resale (not damaged or soiled).
The product must be properly accompanied by the bill of sale in order to enable it to identify the Buyer (No. order, name, address).
The product should not obviously have been sustainable use (beyond a few minutes), that is, provided that the products do not bear the mark of a prolonged use exceeding the time required to their test and are in condition for resale.
ARTICLE 11 - Protection of personal data
Article 11.1 - Processing of personal data
Seller agrees to comply with legal provisions regarding the protection of personal data. According to Article 24 of the Law of 6 January 1978, the Seller undertook a simplified declaration (No. CERFA 13810 * 01, No. 1,949,175 Declaration v 0) to the Commission Nationale Informatique et Libertés (CNIL) concerning the processing of information provided through the website www.tfbiltong.com.
The purpose of this treatment is to obtain the information necessary for the execution of the sale agreement, compile statistics on the behavior of buyers and their buying habits. Following the recommendations of the National Commission for Computing and Liberties, data retention is proportional to the purpose of processing, this normally last thirteen (13) months with appropriate archiving contractual information on bills and sales.
This personal data as the statistics produced from them are likely to be communicated to the persons working for the seller to be responsible for the execution, processing, order management.
The collected personal data are not destined to a third party located outside the European Union.
Article 11.2 - Human Buyer
In accordance with the Data Protection Act, the Buyer has a right to information, access, rectification and opposition regarding their personal data. The Buyer may apply, with proof of identity, the Seller to exercise his/her rights to the processing performed by the Seller. The Buyer may exercise their rights by contacting firstname.lastname@example.org.
The Data Protection Act means cookie any action to access by electronic transmission to information already stored in the electronic communication terminal equipment of the user or write information in this equipment.
For any other cookie does not have a purely technical function and require the consent of the user, a headband for the acceptance or refusal of this cookie will be displayed when the user enters the website. Will be specified the purposes of cookies, the possibilities for the user to refuse it. The consent of the user is reversible.
ARTICLE 13 - Intellectual Property
The www.tfbiltong.com Site content is the property of the Seller and is protected by French and international laws on intellectual property. Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement. Without prejudice to the rights of partners on their own content, including photographs of products. Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, realized (even at the request of the Buyer) on the Site or to the Services to Buyers. The Buyer therefore prohibits any reproduction or use of the studies, drawings, models and prototypes without the express, prior written Partner who can be conditioned to financial compensation.
ARTICLE 14 - Applicable law - Language
These Conditions of Sale and operations arising therefrom are governed by and subject to French law.
These Terms and Conditions are written in French (originally, here English). In case they are translated into one or more foreign languages, only the French text would prevail in case of dispute.
ARTICLE 15 - Pre-contractual information - Acceptance of Buyer
The Buyer acknowledges having received notice, prior to placing the order, in a legible and understandable manner, of these Conditions of Sale and all information and information mentioned in Articles L111-1 to L111-7, and especially:
- The essential characteristics of the product, given the communication medium used and the product concerned;
- The price of products and associated costs;
- In the absence of immediate execution of the contract, the date or period to which the Seller agrees to deliver the Product;
- Information concerning the identity of the Seller, its postal address, telephone and email, and its activities;
- Information on the legal and contractual guarantees and their implementation modalities;
- The possibility of using a conventional mediation in case of disputes;
- Information concerning the right of withdrawal (existence, conditions, delay, how to exercise that right and standard form of withdrawal), the cost of return of products, termination procedures and other important contractual conditions.
The acceptance by the Buyer of these terms and conditions implies acceptance and full acceptance of these Conditions of Sale, as expressly recognized by the Buyer, who waives in particular to invoke any contradictory document, which would be unenforceable to the Seller.
ARTICLE 16 - Final Provisions
Article 16.1 - Exclusion of waiver
In case the Seller does not exercise the right it enjoys under the present general conditions of sale can not be interpreted as a tacit waiver of that right.
Article 16.2 - completeness Clause
In the event that any provision of these terms of sale were to be annulled thus unenforceable, this would not affect the validity of the general conditions of the Seller sales.
Les Trois Frères Biltong team