General conditions and conditions of sale and use
1) About us
The Company FERME DES 3 SOLEILS, SARL, with a registered capital of 1 000 euros, having its registered office in GONTAUD-DE-NOGARET (47400) lieu-dit lantrou, registered with the Trade and Companies Register of AGEN under number 901 553 842 represented by Mr Anthony TESSON (hereinafter the “Company”). The Company sells the following products to its Customers via its Internet Site: Dried fruit, processed dried fruit, shelled fruit, apple juice, honey, all fruit and vegetables and their processing.
The Company invites Users to read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/UGU”) carefully. Placing an Order implies acceptance of the GCS/UGU. The characteristics of the Products are indicated on the Web Site. It is the Customer’s responsibility to take this into account before making a purchase. The photographs and graphics presented on the Web Site are not contractual.
The Customer acknowledges having read and accepted them by ticking the appropriate box before placing an online Order.
The GCS/CGU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Web Site.
They apply to all sales made by the Company and supersede any conflicting documents, in particular the Customer’s general terms and conditions of purchase.
They are systematically communicated to any Customer who requests them.
In the event of any subsequent amendment to the GCS/GU, the Customer shall be subject to the version in force at the time the Order was placed.
“Customer” refers to the Professional or Consumer who has placed an Order for a Product sold on the Web Site;
“Order” refers to any order placed by a User registered on this Web Site;
“General Terms and Conditions of Sale and Use” or “GTC/UGU” refers to these general terms and conditions of use and online sales;
“Consumer” refers to the buyer who is a natural person and who is not acting for professional purposes and/or outside their professional activity;
“Products” refers to the material things that can be appropriated and that are offered for sale on this Site;
“Professional” refers to the buyer, whether a legal entity or an individual, who is acting in the context of his or her professional activity;
“Site” refers to this Site;
“Company” refers to Ferme des 3 Soleils, more fully described in Article 1 hereof; and “User” refers to any person who uses the Site.
Registration on the Site is open to all legal entities or natural persons of full age and enjoying their full personality and legal capacity.
Use of the Site is subject to registration as a User. Registration is free of charge.
To register, the User must fill in all the mandatory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the Site,
in particular when registering, is accurate and true. They undertake to update their personal information from the page dedicated to this information and available in their account.
All registered Users have a username and password. These are strictly personal and confidential and may under no circumstances be communicated to third parties, failing which the registered User’s account will be deleted. Each Registered User is personally responsible for maintaining the confidentiality of his/her login and password. Under no circumstances will the Company be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible so that the latter can take the necessary measures and rectify the situation.
Each User, whether a legal entity or an individual, may only hold one account on the Site.
In the event of non-compliance with the GCS/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
The deletion of an account entails the permanent loss of all benefits and services acquired on the Site.
However, any Orders placed and invoiced by the Site before the account is deleted will be carried out under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GCS/GU, the offending User is formally prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the express authorisation of the Company.
Orders can only be placed once the User has registered on the Site. Once logged into their account, Users can add Products to their virtual basket. They can then access the summary of their virtual basket to confirm the Products they wish to order and place their Order by pressing the “Order” button.
The Customer must enter a valid address, delivery method and payment method in order to finalise the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will include a summary of the Order and relevant delivery information. Placing an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
6) Products and prices
The Products covered by the GCS/GU are those which appear on the Site and which are sold and dispatched directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. Sales are subject to the Company’s available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product for which there is no stock.
When a registered User wishes to purchase a Product sold by the Company via the Site, the price indicated on the Product page corresponds to the price in euros, including all taxes (TTC), excluding delivery costs and taking into account applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before the Order is placed. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quotation setting out the price calculation formula.
Under no circumstances may a User demand the application of discounts that are no longer in force on the date of the Order.
7) Terms of payment
Unless otherwise stipulated, all sales are payable in cash when the Order is placed.
Depending on the nature or value of the Order, the Company remains free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.
Payment may be made by :
– Bank transfer
– Credit card via a secure connection
In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation used is the most recent at the date of the Service Order.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Customer will automatically give rise to the payment of a fixed penalty of 40 euros due by way of recovery costs.
In the event of non-payment of all or part of the Products by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Customer between penalties for late supply of Products ordered and sums owed by the Customer to the Company in respect of the purchase of Products offered on the Site.
The penalty owed by the Customer, whether Professional or Consumer, is calculated on the amount, inclusive of tax, of the remaining sum due, and runs from the due date of the price without the need for any prior formal notice.
Products are delivered exclusively to the following geographical areas:
– Metropolitan France
– Overseas territories
– European Continent
– North America
– South America
The Company undertakes to make every material and human effort to deliver the Products as quickly as possible. These may vary depending on the Customer’s geographical area, the delivery method chosen or the Product ordered.
If the delivery deadline of 30 days is exceeded, except in cases of force majeure, the Customer may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having requested the Company, using the same methods, to make the delivery within a reasonable additional period, and if the Company has not complied.
In this case, the Client will be reimbursed within 30 days if payment has already been made.
In the event that delivery is impossible due to an error in the address indicated by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Client.
Furthermore, the Company cannot be held liable for exceeding delivery times:
– during periods of high demand, such as Christmas and New Year,
– for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond the Company’s control,
– for events attributable exclusively to the carrier responsible for delivery.
Delivery is made, depending on the Customer’s choice and according to the prices indicated on the Site:
– to the address indicated by the Customer when placing the Order by ordinary post.
– by So Colissimo. Delivery is made by La Poste according to its current delivery times. The Customer may be delivered :
– to their home address by hand delivery. In the event of absence, delivery to a letterbox or post office. If the Customer does not collect the parcel within 10 days, it will be returned to sender.
– at home by appointment.
– at one of the 35 Cityssimo parcel centres, open 24 hours a day, 7 days a week, within 10 days.
– at the post office of your choice within 10 days.
– at one of So Colissimo’s partner retailers
– in one of the Company’s shops, chosen by the Customer at the time of placing the Order.
– by UPS according to its current delivery times.
– by DHL according to its current delivery times.
For all Orders placed via this Web Site, the Customer has the right to make a complaint within 10 days of delivery of the Product(s). It is the Customer’s responsibility to check the apparent condition of the Products upon delivery. If no reservations are expressly made at the time of delivery, the Products shall be deemed to comply with the Order.
In order to exercise this right of complaint, the Customer must send the Company, at firstname.lastname@example.org, a statement in which he/she expresses his/her reservations and complaints, together with the relevant supporting documents (delivery note countersigned by the carrier, photographs, etc.).
A claim that does not comply with the conditions described above will not be accepted.
The Company will repair, replace or reimburse the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
10) The consumer’s right if withdrawal
The Consumer has a right of withdrawal of 15 days from placing the Order, except for the products mentioned in article L.221-28 of the French Consumer Code.
To exercise this right of withdrawal, the Consumer should send a declaration to the following address: email@example.com.
The Products must be returned in their original packaging and in perfect condition within 15 days of the Consumer notifying the Company of their withdrawal. The direct costs of returning the Products shall be borne by the Consumer.
The Consumer will be reimbursed for all costs paid for placing the Order within 14 days of the Company becoming aware of his/her declaration of withdrawal.
The refund will be made by the same means of payment as that used for the purchase.
11) Transfer of risk and ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer.
It may therefore repossess the said Products in the event of non-payment. In this case, any advance payments made shall be retained by the Company by way of compensation.
For Business Customers, the transfer of risks to the Customer takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place on delivery or when the goods are collected from the shop if the Customer has chosen in-store delivery.
12) Legal warranties
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the French Consumer Code:
“The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility. “
Article L.217-5 of the French Consumer Code:
“The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
– if it has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter”.
Article 1641 of the French Civil Code:
“The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known about them”.
Any Product resold that has been altered, modified or transformed is not covered by the warranty.
The warranty is limited to the replacement or reimbursement of Products that do not conform or are affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.
The Customer must inform the Company of the existence of any defects within a period of two years. The Company will, as far as possible, rectify any Products found to be defective. If the Company’s liability is accepted, the guarantee is limited to the amount paid (excluding VAT) by the Consumer for the supply of the Products.
Replacement of the Products does not have the effect of extending the duration of the guarantee.
The Company reserves the right to modify the Site, the GCS/GUU and any delivery procedure or other component of the services provided by the Company via this Site.
When an Order is placed, the User is subject to the stipulations set out in the GCS/GUU in force when the Order was placed.
14) Processing of personal data
Registration on the Web Site entails the processing of the Customer’s personal data. If the Customer refuses the processing of his/her data, he/she is asked to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
In addition, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right, at any time, to query, access, rectify, modify and object to all of his or her personal data by writing, by post and providing proof of identity, to the following address: firstname.lastname@example.org.
This personal data is required to process Orders and to issue invoices, where applicable, as well as to improve the functionality of the Site.
15) Sharing of collected data
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data to enable the Site to function properly.
These third-party companies only have access to the data collected in order to carry out a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may receive information or commercial offers from the Company or its partners.
The User may at any time refuse to receive such commercial offers by writing to the Company’s address given above.
In addition, Customer information may be passed on to third parties without their express prior consent in order to achieve the following objectives:
– comply with the law
– to protect any person from serious bodily harm or death
– to combat fraud or attacks on the Company or its users
– protect the Company’s property rights.
16) Data protection
The Company ensures an appropriate level of security that is proportionate to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.
To enable its Users to benefit from optimal browsing on the Site and improved operation of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie is used to store information relating to browsing on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to place a “cookie” file on the User’s hard disk.
The User has the option of blocking, modifying the storage period or deleting this cookie via their browser interface. If the systematic deactivation of cookies on the User’s browser prevents him/her from using certain services or functionalities of the Site, this malfunctioning shall under no circumstances constitute damage for the member, who shall not be entitled to claim any compensation as a result.
The Company may not under any circumstances be held liable for the unavailability, whether temporary or permanent, of the Website and, although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, on a voluntary basis, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company may under no circumstances be held liable for delays in delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
19) Intellectual property
The brand name, logo and graphic charter of this Site are registered trademarks with the INPI and are intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, use, representation or reproduction, whether in whole or in part, without the express authorisation of the Company will expose the offender to civil and criminal proceedings.
20) Jurisdiction clause
The law governing the GCS/GUU is French law. Any dispute that may arise between the Company and a User in the performance of these Terms and Conditions shall be subject to an attempt at amicable resolution. Failing this, any disputes will be referred to the competent ordinary courts.
21) Acceptance of the GTC/UGU
The Customer or User expressly accepts the GTC/UGU.
The Customer declares that he/she is aware of them and waives the right to rely on any other document, in particular his/her own general terms and conditions of purchase.
The Consumer acknowledges having been informed of the information and details provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular :
– the essential characteristics of the Product ;
– the price of the Products
– the date or deadline by which the Company undertakes to provide the Service;
– information relating to the identity of the Company (postal, telephone and electronic contact details);
– information relating to the legal and contractual guarantees and how they apply;
– the possibility of resorting to conventional mediation in the event of a dispute;
– information relating to the right of withdrawal (deadline, procedures for exercising this right).
22) Contact details of the mediator
14 b, rue Diderot 47000 Agen