Here are the general terms and conditions, which govern all services provided by the website, lescomptoirsdhistoire.fr, a trademark of SARL Cadeau d’Histoire. The company can be reached by e-mail by clicking on the contact form accessible from the site's home page or by directly e-mailing firstname.lastname@example.org.
Between CADEAU D'HISTOIRE,
8 B rue des Tadornes 34200 SETE
With a share capital of € 190,
Registered in the MONTPELLIER Trade and Companies Register Under SIRET number 852 718 857, represented by Mr. PAUL SCANDOLERA as manager,
Duly authorized for the purposes of this contract.
Hereinafter, the "Seller" or the "Company." Firstly,
And the natural or legal person purchasing the company's products or services, Hereinafter, the "Buyer", or the “Customer"
The following has been stated and agreed upon:
The seller is a distributor of Cultural and Leisure Products and Services as well as gastronomic products intended for consumers, marketed through its websites (http:// lescomptoirsdhistoire.fr, lescomptoirsdhistoire.com, cadeaudhistoire.com, cadeaudhistoire.fr).
The list and description of the goods and services offered by the Company can be found on the website www.lescomptoirsdhistoire.com.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties involved in the online sale of products or services offered by the seller (the Company Cadeau d'Histoire).
Article 2: General Provisions
These General Terms and Conditions of Sale (T & Cs) govern the sales of products or services, carried out through the company's website, and are an integral part of the contract between the buyer and the seller. These conditions are fully binding on the buyer who accepted the conditions before placing an order.
The seller reserves the right to modify these terms at any time by publishing a new version on its website. The T & Cs applicable are those in force on the date of payment (or of the first payment in the event of multiple payments) of the order. These T & Cs can be viewed on the Company's website at the following address: ______.
The company also ensures that their acceptance is clear and without reservation by setting up a box to check and a final click to validate. The customer declares to have read all of these General Terms and Conditions of Sale, and if necessary the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.
The client acknowledges that he has received the assistance and information necessary to ensure the adequacy of supplies, which are suitable to his needs.
The customer declares to be able to enter under legally binding commitments under French laws or validly represent the person or entity for which it undertakes such action.
Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
Article 3: Price
The price of the products sold through the websites is in Euros all taxes included, at the legal rate in force. They are also indicated in Euros without VAT on the product order page, and exclude specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is calculated automatically on the invoice, excluding taxes. Customs duties or other local taxes or import duties or state taxes are susceptible to be demanded in certain circumstances. These duties and sums are not the responsibility of the seller. These are exclusively payable by the buyer and come under the sole responsibility of the buyer. The seller invites in this respect the buyer to learn about these matters with the relevant local authorities. The Company reserves the right to change prices at any time in the future. The telecommunication costs necessary for accessing the Company's websites are borne by the customer. Where applicable, the delivery costs also. Cadeau d'Histoire offers free delivery throughout mainland France (excluding specific delivery options, chosen by the customer when ordering.)
Article 4: Conclusion of the Online Contract
Items purchased on its sites remain the property of SARL Cadeau d'Histoire until full payment by the customer. Pursuant to Article 1127-1 of the Civil Code, the customer must follow a series of steps to conclude the contract by electronic means in order to realize the order:
- Information on the essential characteristics of the product;
- Product selection, and, if available, its options;
- Indication of the Customer's essential contact details (identification, email, address, etc.);
- Acceptance of these General Terms and Conditions of Sale;
- Verification of the order details (double click confirmation) and, if necessary, correction of errors.
Prior to his confirmation, the buyer has the opportunity to verify the details of the order, its price, and correct any errors, or cancel the order. The confirmation of the order will prevail the formation of this contract; Then, confirmation for payment of the order by email, as well as an order confirmation thereby confirming reception of the order.
The customer will have the opportunity during their order process to identify any possible errors made during data entry and to correct them. The language proposed for concluding the contract is French.
The terms of the offer and the general terms and conditions of sale are sent by email to the buyer when ordering and archived on the seller's website. If necessary, the professional and trade rules to which the author of the offer subjects himself can be found in the "Additional rules" of these T & Cs, available on the seller's website at the following address: www.lescomptoirsdhistoire.fr
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and long lasting backup support that is to be conserved as a faithful and long lasting copy in accordance with Article 1360 of the Civil Code. This information can be produced as proof of the contract.
For products delivered, delivery will be made to the address indicated by the customer. For the purpose of order fulfillment, the customer agrees to provide authentic identification details. The seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any other lawful motive.
Article 5: Products and services
The main characteristics of the goods and services as well as their respective prices are made available to the buyer on the company's websites, as well as, where applicable, how the product is used. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, display or by any other appropriate process, of the prices and specific conditions of the sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the buyer is indicated on the order confirmation page. The selling price of the product is the price that is in force on the day of the order; it does not include the shipping costs invoiced additionally. However, the seller offers free delivery for all orders over 50 euros throughout mainland France, excluding specific delivery options. Any shipping costs (non-standard or outside of Metropolitan France) are indicated to the buyer during the sales process, and at the time of order confirmation. The seller reserves the right to modify its prices at any time, while guaranteeing application of the price indicated at the time of the order.
When products or services are not executed immediately, clear information is given on the product overview page about the delivery dates of products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, and detailed information regarding the identity of the seller, postal address, telephone and email, and the seller’s actions in the context of this sale. The seller agrees to fulfill the customer's order within the limits of available product stocks only. Otherwise, the seller will inform the customer within 24 hours (excluding weekends and holidays); if the order was placed, and failing an sagreement with the client for a new delivery date, the seller will reimburse the customer within a maximum period of one week.
Contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The of the product offers and their prices is specified on the company's websites, as well as the minimum duration of the proposed contracts when they involve continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person who is the signatory to the order (or the person holding the communicated email address).
Article 6: Compliance
Pursuant to Article L.411-1 of the Consumer Code, products and services offered for sale through these T & Cs meet current requirements for safety and health, and fair-trading and consumer protection. Regardless of any commercial guarantee, the seller remains responsible for any lack of conformity and hidden defects in the product.
Pursuant to Article L.217-4, the seller shall deliver a product that complies with the agreement and shall be responsible for any defects in conformity existing at the time of delivery. The seller is also responsible for any defects in conformity resulting from the packaging, the assembly instructions or the installation when the seller is responsible for such installation under the agreement or when the installation was carried out under the seller’s responsibility.
In accordance with legal provisions on compliance and hidden defects (Art. 1641 v. Civ.), the seller agrees to refund or exchange any products that are defective or that do not correspond to the order. The refund can be requested by returning the product in its original packaging and by sending an email to the following address, email@example.com. The seller undertakes to respond within a maximum of four business days, and to reimburse the product purchased within a week.
Article 7: Retention of Title
The Company shall retain title to the goods delivered or sold until it has received payment in full.
Article 8: Delivery
The products will be delivered to the address that was indicated in the order and within the time specified by the delivery partner chosen by the customer (between 24-48 hours and four days). This lapse of time does not take into account the order preparation time. When delivery requires making an appointment with the customer, it will be done directly with the delivery partner. When the customer orders several products at the same time, in rare cases, it may occur that these products have different delivery times. In the event of late delivery, the customer has the opportunity to terminate the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The seller shall refund the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The seller provides a telephone contact (at the cost of local communication from a landline), indicated in the order confirmation email which assures order tracking. The seller reiterates that when the customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the customer. It is the customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 9: Availability and Overview
If an item is unavailable for a period of more than 8 working days, you will be immediately notified of the expected delivery times and the order for this item may be canceled upon request. The customer can then request a credit for the amount of the item or a full refund and cancellation of the order.
Article 11: Withdrawal Period
Pursuant to Article L 221-5 of the Consumer Code, the buyer has the right to withdraw without giving a reason, within fourteen (14) days from the date of receipt of his order.
The right of withdrawal may be exercised by contacting the Company as follows: writing an email addressed to firstname.lastname@example.org, including both the word "Withdrawal" and the number of your order in the subject of your email. In case of exercising the right of withdrawal within the above-mentioned period, the price of the product (s) purchased and the shipping costs will be refunded within a maximum of fourteen days, by means of the payment method chosen by the Customer when purchase. Return shipping costs remain the responsibility of the Customer. Product returns must be made in their original, complete and undamaged condition (packaging, accessories included); if possible, a copy of the proof of purchase must accompany the product. In accordance with the legal provisions, you will find below the withdrawal form.
Email address used during the order:
Date of the order:
Date of receipt of the order:
I certify that I have been informed of my right to terminate the contract relating to the item or items identified above, within fourteen calendar days upon receipt of the item by myself or by a third party that I have appointed, other than the carrier. The return costs will be at my expense, and the goods must be returned intact, in their original packaging.
Article 12: Guarantees
In accordance with the law, Les Comptoirs d´Histoire, a trademark of the SARL Cadeau d´Histoire assumes the following guarantees: compliance and hidden defects on products. The company reimburses the buyer or exchanges products which are apparently defective or do not correspond to the order placed. The reimbursement request must be made as follows: email to the following address: email@example.com with the mention "Refund" in the subject of the email. The seller reiterates that the consumer has a period of 2 years from delivery of the product to take action with the seller. The buyer can choose between replacing and repairing the apparently defective goods, subject to the conditions presented in the aforementioned provisions.
The order may be cancelled by the buyer through registered letter with a return receipt requested in the following cases:
- Delivery of a product that does not conform to the characteristics of the order;
- Delivery after the time limit set at the time of the order or, in the absence of a fixed date, within 30 days of payment;
- An unjustified price increase or modification of the product. In these cases, the buyer may demand reimbursement of the deposit paid plus lawful interest calculated at the legal rate from the date of receipt of the deposit.
Article 13: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights is and remains the exclusive property of the seller. No transfer of intellectual property rights is made through these T & Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force Majeure
Performance of the seller's obligations hereunder shall be suspended in the event of an act of God or force majeure that would prevent execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 15: Nullity and Contract Amendment
If any provision of this contract were canceled, such invalidity would not result in the nullity of the other provisions that remain in force between the parties. Any contractual amendment is only valid after a written and signed agreement between the parties.
Article 16: Personal Data Protection
In accordance with the General Data Protection Regulation of 05/25/2018 relating to the protection of individuals with regard to the processing of personal data and to the free movement of this data,
Personal information: the company undertakes not to disclose to third parties the information communicated by the buyers and visitors to this site, which they would be obliged to transmit to the company for the use of certain services. This information is confidential.
The information will only be used by its internal departments for processing orders and to enhance and customize communication including letters / information emails as well as in the frame of customizing the website according to users preferences.
This article shall not prevent the release or transfer of activities to a third party.
Any information concerning the user is subject to the provisions of the French Data Protection Act number 78-17 of 6 January 1978. As such, the user has a right to access, modify, correct or delete any personal information. He can put this right to use or obtain communication of personal data, by making a request through post or e-mail, indicating his e-mail address, surname, first name and postal address, to the following addresses.
Postal address: Société CADEAU D'HISTOIRE, 8B rue des Tadornes, 34200 SETE, France Email: firstname.lastname@example.org
Article 17: Applicable Law and Clauses
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.
The nullity of a contractual clause shall not entail the nullity of these general terms and conditions of sale.
Article 18: Consumer Information
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound to a warranty against latent defects of the good sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the buyer within a period of two years following the discovery of the defect. As provided for by Article 1642-1, the action must be brought, under penalty of preclusion within one year following the date upon which the seller may be released from any liability due to apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller shall deliver a product that complies with the agreement and shall be responsible for any defects in conformity existing at the time of delivery. The seller is also responsible for any defects in conformity resulting from the packaging, the assembly instructions or the installation when the seller is responsible for such installation under the agreement or when the installation was carried out under the seller’s responsibility.
Article L. 217-5 of the Consumer Code: The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, as appropriate: - If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; - If it has the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling; 2° Or have the features defined by mutual agreement between the parties or are suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 217-12 of the Consumer Code: An action resulting from a defect in conformity shall be time-barred two years after the delivery of the product.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller during the course of the commercial warranty granted to the buyer upon purchase or repair of moveable property for a full repair covered by the warranty, any period during which such property is unavailable for at least seven days is added to the remaining warranty period. Such period begins to run as from the buyer’s request for intervention or as from when the property in question is presented for repair, if such presentation is subsequent to the request for intervention.