Ma Petite France S.A.S
R.C.S. Aubenas 852 862 317
ZC des Freydières - 07130 Soyons - France
E-mail : firstname.lastname@example.org
READ CAREFULLY: BY LOGGING ON TO WWW.MA-PETITE-FRANCE.COM, YOU CONFIRM YOUR ACCEPTANCE OF THESE GENERAL CONDITIONS AND AGREE TO BE BOUND BY THEM. THE GENERAL CONDITIONS ARE ALSO FULLY APPLICABLE TO ALL ORDERS PLACED WITH MA PETITE FRANCE. SO ALL ORDERS WILL BE EXCLUSIVELY GOVERNED BY THESE GENERAL CONDITIONS.
A. GENERAL PROVISIONS :
The website http://www.ma-petite-france.com (the "Site") was designed by Ma Petite France SAS, which is the owner and holder of all the rights relating thereto. Unless the prior and express authorization of Ma Petite France SAS, it is forbidden to copy or download all or part of the Site or its content. Ma Petite France SAS, however, authorizes the creation of hypertext links to the Site.
B. PROVISIONS APPLICABLE TO ORDERS PLACED AND CONTRACTS CONCLUDED :
Article 1. ACCEPTANCE OF THE PRESENT GENERAL CONDITIONS
The fact for a user to complete the order form appearing on the Site and to confirm the order (by clicking on the button "Confirmation of the order" provided for this purpose), constitutes full acceptance of these General Conditions, which will be only applicable to the contract thus concluded.
Article 2. CONFIRMATION OF ORDER AND CONCLUSION OF CONTRACT
The Site contains at all times a commercial proposition for the sale of products, which is not legally considered as a permanent offer. Thus, as will be explained below, the conclusion of a contract will only take place in the event of an order confirmation by Ma Petite France SAS.
After validation of payment, in accordance with article 3 of these General Conditions, the order is deemed to have been accepted by Ma Petite France SAS.
Ma Petite France SAS will then confirm acceptance of the order to the user by email. This confirmation, or where applicable, the refusal to accept an order will thus be confirmed to the user no later than 24 working hours after receipt of an order. Ma Petite France SAS also reserves the right to not record a payment and therefore not to confirm an order for any reason whatsoever, relating in particular to a problem of supplying products, a problem concerning the order received, or a foreseeable problem concerning the delivery to be made. The user cannot cancel his order unless the amount indicated in the order confirmation by Ma Petite France SAS exceeds by more than 5% the price indicated on the Site for the Products, transport and delivery. In this case, the order cancellation must be made by email sent to email@example.com no later than 4 hours after receipt by the Customer of the order confirmation.
Article 3. GENERAL OBLIGATIONS OF THE PARTIES :
3.1 Obligations of Ma Petite France SAS:
Ma Petite France SAS undertakes, in the event of acceptance of an order, to sell and deliver to the user the products (the "Products") ordered by the latter. In this regard, Ma Petite France SAS undertakes to deliver the Products to the carrier designated by Ma Petite France SAS, no later than 72 working hours after acceptance of an order. Ma Petite France SAS has entered into a contract with this carrier under which the latter undertakes to deliver the Products to the address indicated by the customer (the "Customer").
3.2 User obligations :
The Customer undertakes to indicate to Ma Petite France SAS an address to which delivery can be made during working hours. The Customer undertakes to pay the price stipulated for the service provided by Ma Petite France SAS (price of the Products and transport), as well as to pay or have paid, if necessary, and this directly to the freight forwarder or carrier, the rights customs, VAT or other taxes due on the occasion of the importation of products into the country of the place of delivery.
The Customer refrains from reselling the Products. Any order placed by a Customer is for his personal use or for the personal use of the person in whose name the delivery is to be made. In the latter case, the Customer stands on the strength of the personal acceptance of these General Conditions by the recipient of the delivery (who for this will be assimilated to the "Customer").
Article 4. SPECIFIC PROVISIONS :
4.1 Price, invoice :
The overall price indicated in the order confirmation by Ma Petite France SAS (the "Price") is the final price. The price includes the price of the Products, handling, packaging and transport costs. Delivery within the European Union: all taxes for exports outside France. No other customs duty or VAT will be payable for a delivery within the European Union. Delivery outside the European Union: any customs taxes for the importation of the products ordered are excluded from the price.
The Price is expressed in Euro, the amounts expressed in other currencies being provided for indicative purposes only. Payment for Products is made only by credit card. The debit on the Customer's bank card will be made in Euro upon acceptance of the order by Ma Petite France SAS An invoice can be established by Ma Petite France SAS, at the specific request of the Customer who must indicate the address of sending the invoice.
4.2 Transport - Delivery - Delivery times :
The Products are delivered to the delivery address indicated in the order within one (1) to nine (9) working days from the confirmation of the order, unless payment has not been made for some reason whatsoever. The deadlines provided to Ma Petite France SAS to the Customer vary from country to country. These are indicated for information only on the Site, Ma Petite France SAS cannot be held responsible for exceeding the indicative deadlines given on the Site or during the confirmation of the order. In the absence of the recipient or of a person who can take possession of the Products upon delivery, the carrier will leave a transit advice note at the delivery address indicated by the Customer inviting the Customer to collect the Products. In any case, Ma Petite France SAS can not be held responsible for any deterioration of the Products in the event of late withdrawal of said Products from the carrier, or non-withdrawal of the Products by the Customer.
When creating your customer account, Ma Petite France SAS collects your telephone details. Ma Petite France SAS will use your telephone numbers only to ensure the proper execution of your orders by contacting you if necessary in the event of delivery difficulties. In accordance with the legal provisions in force, you have the right to register on the list of opposition to canvassing.
4.3 Transfer of Risks :
The transfer of risks on the Products takes place as soon as the Products are handed over by Ma Petite France SAS to the carrier. Thus, the Products travel at the risk and peril of the Customer.
4.4 Reservations upon Receipt of Products - Return of Products - Limited Refund / Replacement Cases :
The Customer can only make reservations during the delivery of the Products in the event of a delivery that does not comply quantitatively with the order, or in the event that the package containing the Products is severely damaged. These reservations must be made in writing to the carrier upon delivery, or no later than 12 hours after delivery. A copy of these reservations must be sent to Ma Petite France SAS (by email or fax) no later than 12 hours after these reservations have been made. It is the Customer's responsibility to provide with this shipment to Ma Petite France SAS the confirmation by the carrier of the reality of these reservations.
No return of Products will be accepted. If the above procedure has been followed, and if it is thus proved that the reservations are due to the fact that the package and the Products are severely damaged, Ma Petite France SAS at its option will reimburse the Customer for the Price paid or will make a new delivery of Similar Products.
If the delivery does not comply quantitatively with the Order, Ma Petite France SAS will only reimburse the price difference between the Products ordered and those delivered, of course, only if the Products delivered are priced lower than those ordered and paid. No reservations can be made in relation to the taste, appearance or freshness of the Products.
4.4.1 Shop items
In accordance with articles L.120-20 et seq. Of the Consumer Code, you have a period of fourteen (14) days to exercise your right of withdrawal without having to justify reasons or pay penalties except, where applicable, return costs. The period of fourteen days runs from the date of receipt of the articles.
You can exercise this right on all items purchased except for food products to be stored at a controlled temperature (cool), for products with a use-by date or a recommended use-by date of less than 90 days and for all unsealed products.
4.5 Guarantee - Limitation
Ma Petite France SAS guarantees that the Products are made in France and that they have undergone all the necessary care to ensure that they comply with the description which appears on the Site on the date of the order. Ma Petite France SAS also guarantees that the Products are of very good quality and are fresh upon delivery to the carrier. This is the only guarantee granted by Ma Petite France SAS No other express or tacit guarantee is granted. In particular, Ma Petite France SAS cannot guarantee that the Products meet the specific expectations of the Customer.
4.6 Liability - Limitation of Liability
The Customer is solely responsible for the choice of Products, their conservation from delivery and their use. In this regard, the Customer's attention is drawn to the fact that he must not consume the Products beyond the deadlines indicated on the labeling, nor if it appears that the Products are deteriorated (due to the heat , problems during transport or any other cause). Under no circumstances can Ma Petite France SAS be held responsible for any damage resulting from this fact. Likewise, Ma Petite France SAS cannot be held responsible for non-compliance with the laws or regulations in force in the country of delivery, Ma Petite France SAS being solely responsible for compliance with French regulations relating to the Products. In any case, whatever the possible reason for the questioning of the liability of Ma Petite France SAS, the liability of Ma Petite France SAS is limited to the lower of the following two sums: (i) amount of the damage direct suffered by the Customer, or (ii) price of the order.
C. INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS
If any of these General Conditions should be declared inapplicable or is invalidated for any reason, this invalidity or inapplicability shall not affect the application or the validity of the other provisions of the General Conditions, the one invalidated or deemed inapplicable being then replaced. by the closest possible arrangement. Neither Ma Petite France SAS, nor the Customer can be held responsible for any non-performance that may have originated in a case of force majeure, beyond its control, including in particular, without this being limiting, cases of war, riot, insurgency, transportation disruption, import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.
These General Conditions are governed exclusively by French law. Any dispute relating to the interpretation and / or execution of these General Conditions will fall under the exclusive jurisdiction of the French courts.
D. RIGHTS AND GENERAL REGULATIONS ON DATA PROTECTION - GDPR
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals at with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as GDPR), www.ma-petite-france.com ensures the implementation of the rights of the persons concerned.
It is recalled that the customer whose personal data is processed has the rights of access, rectification, updating, portability and erasure of information concerning him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the customer may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without fresh.
You can exercise these rights by sending an e-mail to the address: firstname.lastname@example.org or by sending an e-mail to Ma Petite France, ZC Les Freydières, 07130 SOYONS, FRANCE. It is specified that the customer must be able to prove his identity, either by scanning an identity document, or by sending us a photocopy of his identity document.
In addition, the user has the possibility to delete all his information in order to preserve his confidentiality. The hosting of the site www.ma-petite-france.com is compatible and approved, according to the standards of the GDPR. In order to enhance the security of data transfer, the HTTPS protocol ensures optimal confidentiality.