GENERAL TERMS AND CONDITIONS

 

Preamble

These conditions are concluded between:

On the one hand, Pierre KERLANN – MY FRENCH MARKET, hereinafter named MY FRENCH MARKET , a micro-enterprise registered at the Chamber of Commerce of Nanterre under number 849 109 079 000 12 and residing at 7 rue des Bénards , 92 260 Fontenay-aux-Roses – France, owner and manager of the e-commerce site www. myfrenchmarket.eu, hereinafter named the Site,

And on the other hand, the persons (hereinafter referred to as the “Customer”) wishing to make a purchase via The Site.

These terms and conditions are intended to define the rights and obligations of the parties.

 

Acceptance of Conditions

The Customer declares that he has the ability to contract under the conditions described below.

When ordering, the Customer acknowledges having read the general and special conditions of sale, set out below and declares to accept them without reservation.

 

Duration

These conditions apply throughout the duration of online services offered by The Site. They can be modified at any time by MY FRENCH MARKET.

The applicable conditions are those in force on the day of placing the order.

 

Partial disability

In the event that any of the clauses of this contract would be null and void due to a change of legislation, regulation or court order, this cannot in any way affect the validity and the respect by parts of other clauses.

 

Full contract

These general conditions of sale and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the parties. In case of contradiction between these documents, the general conditions of sale will prevail.

 

Order

The order is made on the website www.myfrenchmarket.eu 24h / 24 and 7d / 7.

The order process is as follows:

– Choice of articles and addition to the basket

– Validation of the contents of the basket

– Customer identification

– Choice of the delivery method and acceptance of the GT&C

– Payment validation

 

The Customer will automatically receive an email confirmation of his order provided that the email address indicated in the registration form does not contain an error.

The Customer is held responsible for the accuracy of the data stated during the order. In case of error in the address details of the recipient, MY FRENCH MARKET cannot be held responsible for the impossibility in which they would deliver the order.

The Customer can follow the progress of his order in the “My Account” section.

Any order implies acceptance of the price, descriptions of items available for sale and general terms and conditions of sale.

The company MY FRENCH MARKET reserves the property of the products until the perfect collection of the price of the order of the Customer.

The Company MY FRENCH MARKET reserves the right to refuse any order from a customer with whom there was a dispute earlier.

It is the Client’s responsibility to check with the local authorities the possibilities of importing or using the products he intends to order.

The records stored in the computer system of the company MY FRENCH MARKET will be considered as proof of communications, orders and payments between the parties.

 

Tasting

By the mere fact of validating his order on the Website www.myfrenchmarket.eu, the Customer expressly waives the benefit of article 1587 of the French Civil Code, which does not provide for the firm and final conclusion of the sale of wine, oil and any other food product whose use is to taste before to buy, only after tasting and approval of the Customer.

 

Products

The photographs illustrating the products do not enter the contractual field. They are merely indicative of the general representation of the product. In case of discrepancy between the photographic representation and the visual appearance of the product delivered to the Client, the responsibility of the company MY FRENCH MARKET cannot be engaged. Each article proposed on the site is the subject of a summary presentation indicating its name, quantity, price, origin and composition. If errors are introduced, the responsibility of the Company MY FRENCH MARKET cannot be engaged in any case. The company MY FRENCH MARKET declines any responsibility as for the consequences of a malicious act caused by a third party and having caused a modification of the contents of the site.

 

Period of validity of the offer, availability

Offers are valid only during their online presentation period and within the limits of available stocks. In the event of unavailability of product after placing an order, the Customer will be contacted by email or telephone to be informed and to agree on one of the following solutions:

-The delivery of all the products is done once the missing product is back in stock.

-The replacement by one or more products with the choice of an equivalent value.

-The refund of the missing product (s).

-The partial or total cancellation of the order and its refund.

 

Price

The prices are displayed in Euros (€) all taxes included excluding share of treatment and shipping costs. Payment is made in currency Euro (€) only.

The company MY FRENCH MARKET reserves the right to change prices at any time. When ordering, the products will be billed based on the rates in effect at the time of validation of the order. The company MY FRENCH MARKET reserves the property of the products until the perfect collection of the price of the order of the Customer.

 

SPECIAL CASE: VAT refund

The company MY FRENCH MARKET being under the regime of the micro-enterprise, the professionals buying products on the site cannot profit from the exemption of the VAT which is not applicable to the products sold on the site.

 

Payment

Payment for purchases is made online at the customer’s choice:

– By credit card: Credit card, Visa, MasterCard

– By PayPal

The order validated by the Customer will be considered effective only when the banking centers concerned have given their agreement. In case of refusal of said centers, the order will be automatically canceled and the Customer notified by email.

Payment is in Euro (€) only.

The invoice will be included in the delivery package. In case the Customer wishes to have an electronic copy he can make the request to MY FRENCH MARKET who will send it by email. The company MY FRENCH MARKET stores an electronic copy of each invoice.

The company MY FRENCH MARKET reserves the property of the products until the perfect collection of the price of the order of the Customer.

 

Secure payment & Fight against fraud

In order to ensure the security and confidentiality of the Customer’s bank details, the payment is made via Stripe software in a perfectly secure environment, using the SSL (Secure Socket Layer) mode, thus enabling the encryption of data and their transmission on the banking network.

The company MY FRENCH MARKET reserves the right to refuse any order which would present one or more risk factors of fraudulent use of credit card.

The MY FRENCH MARKET reserves the right to refuse any order from a customer with whom there is a dispute earlier.

 

Voucher

The voucher is materialized by a code used during an order

Coupon codes are applicable only to the value of the products and cannot relate to shipping costs.

Some coupons are only applicable from a certain order amount set on the coupon.

Discount coupons are not cumulative.

Coupon codes are not retroactive and cannot be applied once the order has been placed.

Discount coupons offering products offered are valid within the limits of available stocks.

Coupons are valid until their expiry date.

 

Shipments & Deliveries

 

Delivery areas

The delivery areas are as follows:

– France: Metropolitan

– Europe: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland , Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Sweden.   With the exception of the following destinations: Büsingen and Helgoland Island (Germany), the Faroe Islands, Greenland (Denmark), the Canary Islands, Ceuta, Melilla (Spain), the Aland Islands ( Finland)

 

Means of delivery

> France

The customer can choose from the following delivery methods:

 

1.1 Delivery home   

Flat rate regardless of the weight limit of 20kg per parcel

– Colissimo suivi: delivered against signature

 

> Europe

 

2.1 Delivery   home   

Flat rate regardless of the weight limit of 20kg per parcel

– Colissimo suivi: delivered against signature

 

Shipping cost

Delivery charges, detailed in the “Delivery” section of the online store, are calculated automatically when ordering and appear on the page indicating the price of the order before the final validation of it.

 

Delivery Time

Delivery times, the details of which appear in the “Frequently Asked Questions” section of the Site, are expressed in working days. The company MY FRENCH MARKET undertakes to deliver the items ordered and paid for by the customer on time. If said articles have not been delivered within 14 (fourteen) days from the expected delivery date, for any other reason than force majeure, the sale may be solved at the request of the Customer. The sums paid by the Customer will then be returned to him. Delivery time overruns cannot give rise to damages or penalties for late delivery.

 

Delayed delivery by the carrier

The Customer can at any time follow the evolution of his order from his account. Sometimes parcels are misplaced by carriers. The delays imposed by the carriers imply that the Customer declares the loss within 10 (ten) days of receipt of the notice of shipment from the MY FRENCH MARKET. In these circumstances, the Company MY FRENCH MARKET will be responsible for making the necessary claims to the carrier concerned. Once the claim has been made and the investigation opened, he can run for a period of 3 (three) to 4 (four) weeks to have a reply from the carrier.

> If the package is found

If the package is found, it will be rerouted immediately to the customer’s home.

> If the package is lost

If the package is not found, the Customer may then request the return of the same package (within the time of availability), at the expense of the Company MY FRENCH MARKET, or refund of the amount paid. If the ordered products were no longer available at this time, MY FRENCH MARKET reimburses the amount of products affected by the loss of carrier. The Company MY FRENCH MARKET then asks the recipient to provide:

– a sworn statement indicating the non-receipt of the package with a commitment to refuse the first shipment if it would eventually reach port.

– a certificate of complaint that will be given to you by the gendarmerie or the police station.

– any document useful for the smooth running of the procedure.

 

Customer responsibility &   receipt of the package

In case of absence   the carrier will file a first notice. The customer can then reposition the delivery. In case of a second absence the parcel will be returned to our warehouse. After checking the parcel intact, the goods will be refunded. Shipping costs will be borne by the customer.

 

Customer Liability & Damaged Parcel

The Customer is required to check the condition of the package and its contents (damage, missing item compared to the order form, damaged or open package, broken article, apparent defect, non-compliance …) before signing the delivery note otherwise the Company will not insure the refund of the damaged product (s).

In case of missing item and / or degradation, the Customer must imperatively bring claim, within 3 (three) days from receipt of the package, in writing (email or registered letter with acknowledgment of receipt) from our services and those of the carrier. After this period, the delivered products will be considered compliant and free from all apparent defects.

The Company MY FRENCH MARKET will carry out all necessary verifications and will solicit the Customer if necessary to ask him any information, or useful photographs. The Company MY FRENCH MARKET may then decide and respond favorably or unfavorably to the Customer’s requests.

Note: No returns or product replacements can be accepted after expiry of the expiry date indicated on each product.

 

Reference error

If despite all our efforts, the Customer notices a reference error in his order (for example: a cherry jam instead of a strawberry jam) he must inform our services by email within 14 (fourteen) days from the date of delivery. The Company MY FRENCH MARKET will then bear the cost of shipping.

Before returning all or part of his order, the Customer must request a return authorization online by email to MY FRENCH MARKET.

The Customer must retain proof of posting of the parcel that will be given to him by the post. In case of loss of the parcel, no refund will be made without this proof.

The return is made to the following address accompanied by the return slip:

Mr KERLANN 8 rue de la liberation 77450 Trilbardou – France

Note: No returns or product replacements can be accepted after expiry of the expiry date indicated on each product.

 

Return of parcels – wrong address

The Customer must verify the accuracy of the postal address that he provides. The Company MY FRENCH MARKET cannot be held responsible for any errors of seizure or omission and the consequences in terms of delay or error of delivery. All return shipping costs will be borne by the Customer.

In addition, the Customer is required to pick up the package within the time limit. Thus, if the parcel is put in the post office or at a merchant and unclaimed, the parcel will be returned to us. The Company MY FRENCH MARKET will notify the Customer as soon as possible. A second shipment may be made by the Customer. If the Customer prefers to cancel the order, it will be refunded excluding shipping costs.

 

Retraction

In application of the Consumer Code, the Customer has a period of 14 (fourteen) clear days from the receipt of his order to exercise his right of withdrawal and return all or part of his order.

The Company MY FRENCH MARKET will reimburse the Client, except shipping costs shall be borne, provided that the returned items meet the return conditions mentioned below (see State of articles).

Before returning all or part of his order, the Customer must request a return authorization online by email to MY FRENCH MARKET.

The Customer returns the goods to the professional no later than 14 days after the communication of its decision to retract, unless the professional proposes to recover the property himself (Article L. 121-21-3 paragraph 1 of the Consumer Code).

The Customer must keep the proof of deposit of the parcel which will be delivered to him by the post office. In case of loss of the parcel, no refund will be made without this proof.

The refund occurs within a maximum of 14 (fourteen) days after receipt of the package.

The return is made to the following address accompanied by the return slip: Mr. KERLANN 8 rue de la Liberation 77450 Trilbardou – France

Orders paid with gift certificates, credits or coupon codes will be refunded in the same way by gift vouchers, credits or coupon codes. No cash refund will be made.

 

State of articles

In the case of foodstuffs, returned products must be perfectly intact, ie perfectly sealed contents and original containers, with instructions and accessories if applicable. On receipt of the package the company MY FRENCH MARKET will judge the perfect condition of the returned merchandise. No returns will be accepted if the returned items have been visibly used, consumed, opened or damaged by the Customer and such damage renders the items unfit for sale.

If the return is refused, the items will then be returned to the Customer at the expense of MY FRENCH MARKET without the client being able to demand any compensation or refund right.

In case of return of package whose content does not comply with the return request or whose items do not respect the conditions of return mentioned above, the company MY FRENCH MARKET reserves the right to exercise any corresponding recovery action with the customer.

 

Guarantee

All products offered by MY FRENCH MARKET are subject to the guarantee provided by article 1641 and following of the Civil Code.

The Customer has a period of 3 (three) days from delivery to form any reservations or claims for non-compliance or defect of the delivered items, by email or registered mail with acknowledgment of receipt to the following address: MY FRENCH MARKET , 7 rue des Bénards , 92260 Fontenay-aux-Roses .

After this period and failing to have complied with this formality, the items will be considered compliant and free from all apparent defects and no claim can be validly accepted. MY FRENCH MARKET will carry out all useful verifications and will solicit the Customer if necessary to ask him any information, or photographs useful.

If the lack of conformity of the article is proven, the company MY FRENCH MARKET undertakes to replace the item at its expense or refund the Customer as soon as possible. The refund occurs within a maximum of 30 (thirty) days after receipt of the return of the parcel. In case of return of the goods to the MY FRENCH MARKET warehouse, the return will be made to the following address accompanied by the return receipt: Mr KERLANN 8 rue de la liberation 77450 Trilbardou – France.

The Customer must keep the proof of deposit of the parcel that will be given to him by the carrier. In case of loss of the parcel, no refund will be made without this proof. The Company MY FRENCH MARKET cannot be held responsible for the misuse and / or improper use of the products that could be made by the Customer.

 

Force Majeure

The Company LES PRODUCTEURS DE CHARACTERE cannot be held responsible for the total or partial non-performance of the contract, if this non-performance is caused by a fortuitous event or a case of force majeure.

Will be considered fortuitous event or force majeure, besides those usually retained by the jurisprudence of the French courts and tribunals: total or partial strikes, internal or external to the company, blockage of means of transport or supply for any reason, governmental or legal restrictions, computer failures, earthquakes, fires, storms, floods, lightning, stopping communication networks.

In the presence of such an event, the company MY FRENCH MARKET will notify the Customer within 10 (ten) days of the occurrence or threat of this event (except in case of incapacity due to force majeure) in order to agree on the conditions under which the execution of the contract will be continued.

If the case of force majeure has a duration greater than one month, the company MY FRENCH MARKET not being able to honor the order, will be able to refund it at the request of the Customer.

 

Litigation, Applicable Law

The applicable law of this contract is French law. The language of this contract is French. In case of dispute, the Customer will first contact MY FRENCH MARKET to find an amicable solution.

Otherwise, the case will fall under the exclusive jurisdiction of the courts of the registered office of the company MY FRENCH MARKET.

 

Protections of personal data

Nominative information

The data collected is intended for the use of MY FRENCH MARKET, it is necessary for the processing and management of the Customer’s orders as well as the commercial relations between the Site and the Customer. They also enable the Site to provide the Customer with personalized services and to improve the relevance of the information offered to it.

MY FRENCH MARKET may also offer its visitors, Customers, to receive promotional offers from its partners.

MY FRENCH MARKET may for commercial purposes convey to business partners the identity and contact details of its users or customers, only to the extent that they have accepted the disclosure of their personal data.

Users or customers can at any time change their choice by sending an email to MY FRENCH MARKET.

 

Right of access and rectification

In accordance with the law of January 6, 1978, the user has a right to access, rectify, modify and delete data concerning him. The user can expressly oppose the disclosure of his contact details. For this, it is sufficient for him to report it by email to MY FRENCH MARKET.

 

Newsletter

The Customer may subscribe to the Site newsletter and thus choose to be informed of the offers on the MY FRENCH MARKET Site. It has the opportunity to unsubscribe at any time by clicking on the link provided for this purpose located in each of the newsletters. The Customer can also unsubscribe by sending an email to MY FRENCH MARKET.

 

Intellectual property

The entire site and its content (texts, photos, comments, books, illustrations, …) are reserved under the title of intellectual property and copyright and for the whole world.

No one is authorized to reproduce, exploit, diffuse or use for any reason whatsoever and even partially elements of the site, whether they are software or visual without the prior written authorization of the company MY FRENCH MARKET.

Simple or hypertext links must be the subject of a prior written agreement of the company MY FRENCH MARKET.