Terms and conditions of sale

Preamble

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1. Acceptance of conditions

The customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on this screen and expressly declares accepting them without reservation. The present general conditions of sale govern the contractual relationship between "Espagne-Gourmet.com" and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other terms and conditions appearing in any other document, except in the event of prior, express and written derogation.

2. Products

The photographs illustrating the products are not contractually binding. In the event of errors, "Espagne-Gourmet.com" cannot be held responsible. The majority of the products offered to its customers by "Espagne-Gourmet.com" are available in our warehouse.

3. Order

Automatic recording systems are considered as proof of the nature, content and date of the order. "Espagne-Gourmet.com" confirms acceptance of the order to the customer at the e-mail address provided. The sale will only be concluded once the order has been confirmed. "Espagne-Gourmet.com" reserves the right to cancel any order from a customer with whom there is a dispute concerning the payment of a previous order. The information provided by the buyer when placing an order is binding: in the event of an error in the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the product.

4. Delivery

After confirmation of the order, "Espagne-Gourmet.com" undertakes to deliver to its carrier all the references ordered by the purchaser within a maximum period of 48 working hours. This carrier undertakes by contract with "Espagne-Gourmet.com" to deliver the order to the purchaser's address provided by "Espagne-Gourmet.com". In the case of carriage on delivery, the customer undertakes to pay the carrier or its representative the full amount indicated on the order confirmation.
In addition, for deliveries outside metropolitan France, the customer agrees to pay all taxes due on the import of products, customs duty, value added tax, and any other taxes due under the laws of the country in which the order is received. All orders placed with "Espagne-Gourmet.com" are intended for the personal use of customers, customers or recipients of products are prohibited from any partial or total resale of products. "Espagne-Gourmet.com" declines all legal responsibility in the event of non-payment of taxes by the customer.
The delivery will be carried out by La Poste in colissimo followed or in chronopost according to the choice of transport of the customer in Metropolitan France. Delivery is made within the time slot agreed with the customer by handing over the product directly to the named recipient, or in the event of absence, to another person authorized by the customer. Delays do not entitle the purchaser to claim damages.
Deliveries in EEC countries are made by La Poste in colissimo suivi Europe or Chronopost according to the customer's choice. For deliveries outside the EEC, deliveries are made by the international postal services or Chronopost according to the customer's choice.
In the case of a technical product, the customer must take particular care to check that the appliance delivered is working properly, and to read the instructions supplied with it.
In the event of apparent defects, the purchaser benefits from the right of return under the conditions set out in this document.
War, riot, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure discharging the seller from his obligation to deliver. Goods always travel at the recipient's risk. Always check your parcel on arrival. You have 48 hours to make any reservations to the carrier in the event of shortage or damage.
For reasons of availability, an order may be delivered to the customer in several instalments. In this case, the customer only pays for one delivery. If the customer requires 2 delivery locations, he/she places 2 orders, with the associated delivery charges.

5. Withdrawal

You have 14 days (from receipt of goods) to make up your mind. You can inform us of your decision to withdraw by sending us an e-mail to the following address: [email protected]. In the event of an exchange or refund, return the new item(s) in their original, undamaged packaging, together with any accessories, instructions and documentation, within 14 days of your communication to the following address:
Espagne Gourmet
60, rue de l'industrie
78200 Buchelay
France
In the event of exercising the right of retraction, "Espagne-Gourmet.com" is obliged to reimburse the sums paid by the customer, free of charge, with the exception of return costs. Reimbursement is due within a maximum of 15 days.

For reasons of food safety, fresh and perishable food products may not be returned after shipment.

6. Prices

Prices are expressed in euros.
The price indicated on the product sheets does not include transport.
The price indicated in the order confirmation is the definitive price, including all taxes and excluding VAT in application of the law.
The price displayed is the price invoiced to the customer, including VAT. This price includes the price of the products, handling, packaging and storage costs, transport and commissioning costs.

7. Payment

The price invoiced to the customer is the price indicated on the order confirmation sent by "Espagne-Gourmet.com".
The price of the products is payable in cash on the day of the order. Payment is made by credit card bearing the CB symbol.
On-line Cyberplus Paiement allows you to pay via a BANQUE POPULAIRE bank server in a secure environment.
Your credit card Nº is therefore directed to the bank's servers, and your payment is made directly to a bank in a secure environment, without passing through the boutique's server. This guarantee is all the more important as your Nº is known only to our banking partner (BANQUE POPULAIRE).
The order validated by the customer will be considered effective only when the conceived banking payment centers will have given their agreement. In the event of refusal by the said centers, the order will be automatically cancelled and the customer will be informed by e-mail. Furthermore, "Espagne-Gourmet.com" reserves the right to refuse any order from a customer with whom a dispute exists.

8. Disputes

The present contract is subject to French law. "Espagne-Gourmet.com" cannot be held responsible for damages of any kind, whether material, immaterial or bodily, which may result from malfunction or misuse of the products sold. The same applies to any product modifications resulting from manufacturers. The responsibility of "Espagne-Gourmet.com" will, in any event, be limited to the amount of the order and cannot be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of the present contract, the purchaser has the possibility, before taking any legal action, of seeking an amicable solution, notably with the help of :
a professional association in the sector, a consumer association or any other advisor of his/her choice. Please note that seeking an amicable solution does not interrupt the "short period" of the legal warranty, nor the duration of the contractual warranty. As a general rule, and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual warranty assumes that the buyer honors his financial commitments to the seller.
Complaints or disputes will always be received with attentive benevolence, good faith always being presumed in those who take the trouble to explain their situation. In the event of a dispute, the customer should first contact the company for an amicable solution.
Failing this, the Commercial Court of VERSAILLES shall have sole jurisdiction, irrespective of the place of delivery and method of payment accepted.

9. Warranty

"Espagne-Gourmet.com" guarantees that all selected products are made in Spain. As far as food is concerned, the consumption dates indicated must be respected by the customer. In all cases "Espagne-Gourmet.com" cannot be held responsible for non-compliance with regulatory and legislative provisions in force in the country of receipt, the responsibility of "Espagne-Gourmet.com" is systematically limited to the value of the product in question, value at its date of sale and without possibility of recourse against the brand or company producing the product. In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). Provided that the buyer proves the hidden defect, the seller is legally bound to repair all the consequences (art.1641 and following of the Civil Code); if the buyer goes to court, he must do so within a "short period" from the discovery of the hidden defect (art.1648 of the Civil Code). You can contact customer service: 5 days a week (Monday to Friday inclusive) on tel. no. 09 83 03 96 98 by e-mail at [email protected]

10. Legal information

The personal information collected for the purposes of distance selling is compulsory, as this information is essential for processing and routing orders, and drawing up invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of nominative customer data has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL). Customers have the right to access, modify, rectify and delete their personal data (article 34 of the French law of January 6, 1978), which they may exercise by contacting "Espagne-Gourmet.com".
Furthermore, "Espagne-Gourmet.com" undertakes not to communicate, whether free of charge or in exchange for payment, the contact details of its customers to a third party. Minors: by virtue of Ordinance no. 59-107 of January 7, 1959 and Law no. 74-631 of July 5, 1974, the sale of alcohol to minors under the age of 18 is prohibited. Anyone ordering wine, beer or any form of alcoholic beverage from "Espagne-Gourmet.com" must therefore be at least 18 years of age on the date of the order. Alcohol abuse is dangerous for your health. Please consume in moderation.