Conditions_generales

1) Preamble

1.1. The present terms and conditions apply to the online sale of products by the company Première Pression Provence, company limited to a capital of 3,000.00 Euros, registered at le Registre du Commerce et des Societes de Manosque under the number 502 734 668, of which the corporate headquarters is located at Les Fours Chaux, 04130 Volx, hereafter designated “le Vendeur”, on the website HYPERLINK "http://www.premiere-pression-provence.ocm" www.ppprovence.com (hereafter “le Site”), to any client buyer residing in a member state of the European Union.

1.2. The client recognizes to have read and understood the Terms and Conditions of Sale, which can be saved, printed and consulted at any moment on the website. The validation of the order form will not be made until after having clicked on “I accept the general conditions”, which will confirm acceptance of the present Terms and Conditions of Sale.

1.3 Neither particular condition, nor general conditions of a client can, without acceptance of the seller, override the present Conditions.

1.4. The present Terms and Conditions of Sale can be modified; the applicable conditions are those currently on the website on the date the order is placed.

ORDER PLACEMENT AND CONFIRMATION

2.1 The client declares to be at least 18 years of age and to have the juridical capacity or be granted parental authorization permitting him to effectuate an order on the website.

2.2 The client commits himself to filling out the order form in the French language with precision, and to review the different existing rubrics (his address, the delivery address, the method of payment…) A validation process of the order, by successive information supplied, allows the client the possibility of modification, as well as verifying the details and the total price of the order, before its validation and definitive registration. By checking the box “I certify to have understood the terms and conditions of sale” then on the icon “validate”, the client confirms placing the order as well as accepting the Terms and Conditions of Sale. The order from will be confirmed by the Seller in the form of an order confirmation sent by e-mail, in the two (2) business days following the reception of the order. The order will be closed on the day when the client can access the electronic message confirming the order.

2.3 The Seller reserves the right to refuse any order due to insufficient stock, incomplete client information, payment conflicts for previous orders, or any other legal reason.

2.4 In order to satisfy its clients, the Seller has put extremely short deadlines into effect for order preparation and delivery. Any cancelation of the latter, after having clicked on the icon confirming the order, by the client, for whatever reason is not possible.

2.5 The client must print the order form once completed and keep it for his/her records. The act of clicking on the icon “validate” constitutes an electronic signature. This electronic signature has the value, between parties, of a manuscript signature. The registries of the Vender are conserved in reasonable security conditions and will be considered as proof of communication, order and payment between parties.

PRICES

3.1 The prices indicated on the order form are in Euros (all taxes included), put in place at the Seller’s warehouse located in Paris. They undergo a French TVA tax of 5.5%, applicable to all alimentation products.
All residents of the European Union not subject to the TVA will see that they have been charged the amount of the French TVA tax after the validation of their order.
All questions regarding the inter-community TVA and/or to the removal of the tax should be formulated in writing by the client after the products have been billed to him/her.
For the TVA applicable to deliveries to clients subject to the TVA tax, the client is asked to contact the Seller directly by e-mail, postal mail or by telephone.
For sales outside continental France and Corsica, if the importation laws, state taxes, or local taxes are required, the payment of these taxes as well as all customs charges or other declarations are at the charge of the client, and him alone; as importer, the Seller assumes no responsibility.

3.2 The general prices can be revised at any moment by the Seller, the products however, will be billed with the price posted on the website at the date of the placement of the order.

3.3 The delivery charges are in addition to the total order price. The amount of delivery charge depends on the destination, the weight and the volume of the package. These charges are calculated automatically during the placement of the order according to the “colissimo” prices of La Poste on the date of the placement of the order (prices established by destination zone: France/European Union/DOM).
The amount of delivery charges is validated by the client in the order form.
For more information on these prices, and notably on the delivery charges outside of continental France, contact the Seller.

PAYMENT

4.1 Purchase payments can be made:

  • on-line with a credit or debit card: the French Carte Bleue, the cards designated CB by Visa Mastercard as well as American Express,
  • by sending a check issued from a French bank.

On-line payment is secure. All personal information given for orders is encrypted and transmitted directly to the banking center for authorization, without passing by the Seller’s service center. The measures relating to the fraudulent usage of a payment by credit or debit card are applied.

4.2 PAYMENT BY CHECK IS ONLY POSSIBLE FOR CHECKS MADE OUT IN EUROS AND ISSUED BY A FRENCH BANK. The check should be addressed to: SARL Premiere Pression Provence: and sent to the following address: Boite Postale 3 -04130 VOLX FRANCE, accompanied by the printed and completed order form. The delivery will not be sent until the order form is received by the Seller and the check has been cleared by the bank.

4.3 For security reasons, clients placing orders surpassing 500 Euros will be contacted by the Seller to validate the order. The Seller will guide the client through the order process.

4.4 The currency used for all transaction is the Euro. The amount, debited to an account for the bank card used, will depend of the Euro’s value the day of debit and possible charges imposed by the bank issuing the card.

4.5 Product prices are payable in cash the day of the confirmation of the order by the Seller, date on which the debit will be effectuated on the card. Unpaid orders will not be delivered.

4.6 The product will be the client’s property only after complete payment by the latter.

4.7 The bill corresponding to the order completed on the website will be sent to the client in the event the client requests it from the Seller.

5) PRODUCT AVAILABILITY AND DESCRIPTION

5.1 Product offers and the prices set by the Seller are valid for the duration of their apparition on-line, except in the event of a contrary specification at the time of purchase. If the totality of proposed products is not available in stock, the Seller is still not in a position to restock because of the particularity of the proposed product. Thus, the offer is valid within the limit of available stock.
If, due to the Seller’s negligence, the products are unavailable after the confirmation of an order, the client will be informed as soon as possible. The client will have the choice to be reimbursed the sum paid within 30 days, or exchange the product.

5.2 Despite the care taken to accurately describe the products and their photo representations, their characteristics can be modified by the supplier, which will be indicated at the time of purchase.

DELIVERY

6.1 The packages are prepared by the Seller in a sealed package appropriate for the contained items and for transport regulations.

6.2 THE CLIENT IS RESPONSIBLE FOR INFORMATION RELATING TO THE NAME AND THE DESTINATION ADDRESS, WHICH MUST BE PRECISE, EXACT AND COMPLETE (ZIP CODE, FLOOR, TELEPHONE,…) in order to allow a delivery under normal conditions. The Seller will not be held responsible for a return delivery due to an address error or an impossibility to deliver to the indicated address. IF THE RETURN DELIVERY, OR THE IMPOSSIBILITY OF DELIVERY IS DUE TO A LACK OF INFORMATION OR AN ADDRESS ERROR, THE RE-DELIVERY WILL BE BILLED IN FULL TO THE CLIENT.

6.3 The Seller is committed to following an order until it has been received by the receiving party, according to the route, procedure and transporter that he chooses. He assures the merchandise until it has reached its destination. It is the receiving party’s responsibility to verify, in presence of the delivery person, the state of the packaging as well as the contents of the package, to compare the quantity and products delivered to the order form. The signature of the recipient confirms that the client has accepted the product at the time of delivery.

6.4 Any anomaly, missing products or degradation caused during delivery should be called to attention on the order form and confirmed by certified mail with a notice of reception addressed to the transportation company, including a copy sent to the Seller within 48 hours of the reception of the package. FAILURE TO DO SO RESULTS IN THE COMPLAINT NOT BEING ACCEPTED.
If a package arrives at its destination damaged, the recipient should refuse the package. The transporter will be responsible for informing the Seller. When the information of the damaged goods arrives, the Seller will immediately resent an identical package. In this case, the client will not be granted a reimbursement of the product, nor delivery charge.

6.5 If the recipient is absent, or the recipient cannot sign for the delivered products, the transporter will deposit a delivery notice to the destination address indicated by the client, inviting the client to pick up the products at the address of the delivery company.

6.6 Delivery time
For deliveries in continental France, the standard delivery time is seventy-two (72) business hours (not including weekends and holidays) from the confirmation of the order and the reception of payment.
From December 15th to January 15th, the average delivery time is 5 business days due to heightened activity during the holidays.
For delivery to other countries, the delivery time varies according to the destination. The client will be notified by the Seller.
All orders passed will be processed from Monday to Friday until 14h00, excluding French holidays.
The Seller will put forth his best efforts to have all packages delivered within the time frames explained above. He cannot, however, be held responsible for a delayed delivery and will in no case pay indemnities for tardiness or damages. In case of a delay surpassing the limit of thirty (30) days from the order, the client will be able to receive a reimbursement for the order that will be paid within the following thirty days after the reimbursement request.
The Seller cannot be held responsible for loss, damages, errors or failure to deliver a package when the circumstances are independent of his will. “Circumstances independent of his will” means, notably:

  • Natural disasters, notably: earthquakes, cyclones, storms, floods, wars, embargoes, or highway, train, airplane accidents…
  • All faults or particularities linked to nature of the delivery, even if the Seller was aware of these faults at the moment of the order placement
  • Any act, deficiency or negligence of any party, for example: the expeditor, the recipient, all parties involved, all customs employees and all other administration, the postal service, any transporter or other party to whom the package will be confided by the delivery service provider

SATISFIED OR REIMBURSED

7.1 If, despite the care taken to ensure customer satisfaction, the product purchased is not entirely satisfactory, the client can return it. The client has seven (7) business days from the reception of his/her purchase to return it without having to justify motive, or pay any penalties (article L 121-20 of le Code de la Consommation). If this time period runs into a weekend or holiday, it is deferred to the following day.

7.2 The product must be returned in perfect condition, in its original packaging, with a receipt in order to receive the reimbursement.

7.3 The return will be effectuated by post or by transportation service at the expense of the client.

7.4 The reimbursement of the price of the order, with the exception of return charges, will be effectuated in the form of a check sent to the address stipulated by the order form within a time period of thirty (30) days from the date of reception by the Seller, under the condition that previous return conditions were respected.

8) NON CONFORMITIES – RETURNS

8.1 Any complaint for a product or an order (excluding anomalies linked to transport and manufacturing defects) should be brought to the attention of the Seller’s client services within 48 hours after reception, either by the above address, or by email in the rubric “contact us”. After the 48 hour time period, no complaint will be taken into account.

8.2 The complaint should be motivated and accompanied by justifications (order form, photos of delivered products…). After the Seller analyzes and formally accepts the complaint, the client will be able to return the product in their original packaging and choose between a reimbursement of his/her order, or the free replacement of it without any other indemnity or damages.

8.3 The client benefits from the legal guarantee of manufacturing defects by articles 1625 and after in the Code Civil.

9) SPECIAL CONDITIONS FOR THE SUBSCRIPTION OFFER

9.1 Contents of the subscription:
The subscription permits the client to receive, once every three months for the duration of twelve months, a box containing:
An assortment of three cans, each containing 250 ml of extra virgin olive oil chosen by the Seller among the products in his on-line catalogue and for which the unitary price is between 6,50€ TTC and 8,00€ TTC, depending on the varieties
Three pourers that fit onto the cans
In the course of one year, the subscribed client will receive a total of four (4) boxes containing a total of twelve (12) olive oil cans and twelve (12) pourers, at a reduced price.
The client is reminded that all olive oil cans available in the box sets are also sold individually.

9.2 Composition of box sets
The composition of the box sets is carried out by the Seller in function of the available stock and production cycles, knowing that each of the box sets delivered to the subscribed client in the course of the subscription will have a different composition, thus, twelve different cans throughout the year.

9.3 Price and payment:

  • The price of the subscription is the price advertised at the moment of subscription, which figures under the rubric “subscription” on the website.
  • The price of the subscription should be paid at the moment of subscription.

9.4 Duration of subscription:

The subscription lasts twelve months firm from the date of subscription, which becomes effective the day on which the client will be able to access the electronic confirmation message of subscription from the Seller, and under the condition that payment has been made by the client.

9.5 Deliveries

The delivery of the first box set will be effectuated according to the delivery time periods mentioned under article 6.6:

  • Continental France: standard delivery times are seventy-two (72) business hours (excludes weekends and holidays) from the confirmation of the subscription and the reception of payment.
  • From December 15th to January 15th: the standard delivery time is five (5) business days due to the heightened activity during the holidays.
  • Other countries: delivery times vary depending on the destination, the Seller will notify the client.

The three other box sets will be delivered to the subscriber in the following time periods:

  • 2nd box set: in the first fifteen days of the third month following the effective date of the subscription as it is defined in article 9.4
  • 3rd box set: in the first fifteen days of the sixth month following the effective date of the subscription as it is defined in article 9.4
  • 4th box set: in the first fifteen days of the ninth month following the effective date of the subscription as it is defined in article 9.4

9.6 Additional information

All subscriptions for the box sets of olive oil on the website HYPERLINK "http://www.premiere-pression-provence.com" www.premiere-pression-provence.com are governed by the arrangements detailed in the present article as well as by the conditions of orders placed and confirmed, equally applicable for subscriptions, for prices, payments, product availability, delivery, and returns stipulated in articles 1 through 8 above.

10) COLLECTION OF REGISTERED INFORMATION

Conforming to the information of law number 78-80 of January 6th 1978, the website HYPERLINK "http://www.premiere-pression-provence.com" www.premiere-pression-provence.com has made a declaration to la Commission Nationale de l’Infomatique et des Libertés. Within the limits of the information and liberty law, information that is asked from the client is required for the governance of his/her order and is reserved for the services of the Seller.
The client disposes a right of access, modification, suppression and rectification relative to his/her personal information. With the Seller as intermediary, he/she can receive propositions from other companies. If the client does not wish his/her information to be shared, he/she can write to the Seller indicating his/her first and last name, address, and phone number.
The letter can be sent:

  • By post to Première Pression Provence- BP 3 -04130 VOLX- France
  • By e-mail to p.p.p@orange.fr

11. APPLICABLE LAW- COMPETENCE ATTRIBUTION

The relations between parties are governed by French law
In case of contestation or dispute, the client will address the Seller in order to obtain a solution.
Failure to do so, the parties will appear before competent French Tribunals.