Our general conditions of sale updated on 30/04/10
( This edition supersedes all previous versions)
The general terms and conditions below govern the contractual relationship between the company COMPAGNIE PERIGOURDINE DU CHAMPIGNON SYLVESTRE (herein after ” the seller “) and any consumer , unprofessional ( hereinafter “Customer” ) in connection with sales via the website of the company www.compagnieduchampignonsylvestre.com by mail ( including electronic) , phone or fax. These general conditions of sale apply to all sales of products entered into by the seller in France mainly but also Corsica and the Principality of Monaco .
The company COMPAGNIE PERIGOURDINE DU CHAMPIGNON SYLVESTRE reserves the right to update or change at any time these terms and conditions of sale. Possible changes to the terms and conditions of sale will obviously not applicable to contracts. Only the general conditions of sale in force at the date of confirmation of the order will be enforced.
The mere order implies full acceptance by the customer to these terms . All contrary terms and conditions which may appear on printed orders or customer , unless expressly accepted by the seller , the seller shall not be binding .
Any conditions imposed by the client otherwise , unless expressly accepted by the seller , the seller shall not be binding regardless of when it may be brought to the knowledge of the latter.
1 . CONTROLS
The customer has any leisure to choose its products , prepare and place an order from our website , but it can also attach the order form ( downloadable from the site ) and the corresponding payment at the registered office .
Any change order requested by the customer will not be considered unless it is received and confirmed in writing prior to shipment. The cost of preparing special orders incurred before cancellation thereof by the buyer , are necessarily caused by the customer.
Orders are processed in order of receipt by the seller . The benefit of the customer order is personal and can not be transferred without the prior written agreement of the vendor .
All products and offers visible on the website agree within the limits of available stocks. In case of unavailability of a product after placing the order, the customer will be informed by the seller by email or phone. The client can then request a refund or exchange of the products unavailable .
The range and characteristics of products offered on the website can be modified and adapted at any time to better meet customer expectations. Any order implies acceptance of the prices and descriptions of produce available for sale .
All photographs , illustrations and texts on our website are not contractual .
To be valid, the order shall specify the quantity, brand, type and references of the products sold and the agreed price, payment terms , delivery location .
The seller reserves the right to suspend any order from a customer who has not fully paid a previous order or with whom a payment dispute is in progress, or for any other legitimate reason ( including abnormal order , incomplete , or unavailability of products ) .
2 . VALIDATION OF CONTROL VIA INTERNET
In case of fraudulent use of his credit card, the customer is required, dice the finding of such use, contact the customer service of the vendor, +33 (0) 5 53 28 10 67 .
The records stored in the computer systems of the vendor in conditions of reasonable safety , will be considered proof of communications, orders and payments between the parties.
It is expressly agreed that , absent manifest error on the part of the seller, the data stored in the information system vendor have probative value as to orders placed by the customer. Data on computer or electronic evidence is valid and as such , are admissible under the same conditions and with the same force as any document created, received or kept in writing .
The filing of purchase orders and invoices is made on a reliable and durable so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
3 . PAYMENT OF THE ORDER AND PRICES
Prices are indicated in euros all taxes and take into account the VAT applicable on the date of validation of the order . Any change in the VAT rate, current taxes or contributions or future could be reflected immediately on prices. Prices are ex institutions seller , off flat fee for processing the order , such as shipping , packaging and making the package as current amounts . The settlement orders is done at the customer’s choice :
– In line with the order, by credit card ( VISA, MASTERCARD) or PAYPAL. Online payment by credit card is completely secure and guaranteed by PayPal. Purchases are made and safely.
– By check made payable to the PERIGOURDINE MUSHROOM COMPANY NEW YEAR ( mailed to the registered office of the vendor and accompanied by good internet order). The order will be confirmed once the payment and the order received . All orders and payment by check , leads necessarily to the customer a delivery time more important.Tout delay all or part of the contractual date for payment the customer will be subject to default interest after notice has remained ineffective and unsuccessful. all prices charged to customers by the seller are those in effect at the date of order goods less, if any, price reductions apply. The seller reserves the right to modify its prices at any time, in case of changes in economic or tax data, without liability .
The discounts granted to customers may not appear on the invoice and be deducted from the selling price if these deductions are vested on the date of sale, the conditions associated with its acquisition are made and are directly related to the sales transaction. In any case, discounts on invoice will be granted retroactively.
For any exchange or refund, the customer must submit a copy of the invoice.
4 . SENDING COMMANDS
Orders are made available only in FRANCE , Corsica and the Principality of MONACO , at the address indicated by the customer during the order process. It is the customer to provide exactly the seller all information necessary for the proper delivery of the order . If the delivery address is insufficient or incorrect cost of returning the goods is at the sole responsibility of the customer who requires it . The seller will ship the order validated by the customer on items available within a maximum period of 10 days from the receipt of bank payment by the seller, or if paid by check, after receipt by the seller of the check for the full amount of the order . For orders approved by the customer during the months of November and December , the maximum shipping time is 15 days. Upon delivery , the recipient will émarger the delivery and the date of receipt of goods. The recipient should check the status of packages in the presence of the deliveryman to see and provide feedback and specific reservations on the transport before signing it and confirm by registered mail within 48 hours from the carrier , a copy must be sent to the seller. The absence of reservation within the time off any claim. In the absence of the customer to the delivery address indicated on the order , the carrier shall notify its passage and shall furnish all relevant details to be contacted by the customer to agree on new terms of redemption or delivery . The customer has a maximum of 15 days to contact the carrier. After this time , the order is automatically sent to the vendor’s site logistics reconnects with the client to define new shipping conditions. Processing fees and delivery costs of returning the products to the agreed delivery address are charged to the customer.
In the case of a stock out of one or more products , the seller will do its best to fulfill orders . If the client does not appear clearly written objections when placing the order , the seller may make partial deliveries control .
After a period of 30 days beyond the stated delivery date , if no product has not been delivered for any reason other than force majeure , the sale may then be canceled at the request of a either party , the customer will be refunded only the price of the order , any other compensation or damages will be excluded.
5. NON- COMPLIANT PRODUCTS AND RECOVERY
This clause regulates the return of goods by the seller in the event of non- compliance with the order , apparent defects , quality problems, product not ordered. The return of goods is different from the right of withdrawal set out below . No return of goods can not be made without the prior written consent of the seller. No return of goods will be accepted after a period of seven (7) days from the date of receipt by the customer. All times granted by the seller will result in repayment of all sums paid by the customer , after qualitative and quantitative verification of the returned products . Are excluded from the possibility of return , special orders made at the request of the customer and the goods or packaging food packaging has been opened or damaged. For any exchange , the customer must return the goods in perfect condition and submit a copy of the invoice. Noncompliant returns the above procedure may not give rise to any refund (except in writing between the customer and the seller ) . Any product returned without the consent of the seller will be made available to the customer and will not be reimbursed.
Return Policy Merchandise :
– If the package is returned unopened , the seller refunds the price of the package and any delivery charges ( costs back to the customer)
– If a product ‘s package is returned , the seller refunds the price of the product (fresh back to the client)
– If the product is returned in case of defect or non- compliance with the order , the seller refunds the product, shipping and return potential . In any event, before making a return, the customer is obliged to contact the customer service vendor 05 53 28 10 67 The returned goods always travel at the risk of the customer . Any product damaged, incomplete , or missing will not be refunded or exchanged , and will be forwarded , if necessary , the customer ‘s expense.
6 . RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code , the customer has a period of 7 days from the date of receipt of goods to exercise his right of withdrawal. The client, who has exercised his right of withdrawal, will be entitled to exchange goods or refund the amount paid by him for the purchase of goods. Return costs will be borne in full by the customer. Upon exercise of the right of withdrawal , the seller is required to refund to the customer the amount paid by the latter , without penalty, within a maximum of thirty ( 30) days from the date of shipment of the product by the customer .
Are excluded from this device :
– Goods made up according to customer specifications or clearly personalized .
– Goods which because of their nature, can not be reshipped or are liable to deteriorate or expire rapidly .
– For hygiene measures, goods whose packaging or food packaging has been opened or damaged. Returned goods travel at the expense and risk of the client. Any product damaged, incomplete , or missing will not be refunded or exchanged.
7 . GOD, LIABILITY, OTHER
The seller , for all stages of order processing and also for the subsequent steps in the contract (transport of products, for example), an obligation of means . The seller undertakes to describe with great accuracy the products sold on its website. The liability of the seller will not be liable if the breach of contract was caused either by the client or to an unforeseeable and insurmountable third contract , or a case of force majeure. The liability of the seller will not be liable for any inconvenience or damage arising from the use of the Internet , including a break in service, external intrusion or presence of computer viruses.
The seller reserves the possibilty to cancel the delivery of orders, without the customer being entitled to damages in cases of force majeure. Among others will be considered as cases of force majeure , the following events :
– War , fire, flood , drought, failure or shutdown of machines , interruption of transportation services , total or partial strikes of any kind, or any other causes hindering or stopping the supply of our goods from our suppliers , subcontractors or carriers , supply of energy, raw materials and spare parts ,
– Regulation or requirement of public authority, or other unavoidable , unforeseeable and beyond the control of seller. The provisions of this Article shall in no case exempt a portion of the obligation to pay to the other any amount due. The seller will keep the public informed of the occurrence of cases and events listed above client.
8 . INFORMATIONAL SUPPLEMENT
– TIME : The present general conditions of sale apply throughout the duration of their online .
– COPYRIGHT: All elements of the site of the Seller, whether visual or audio, including the underlying technology , are protected by copyright, trademarks or patents. No part of this site may not be copied, reproduced, or downloaded by any means whatsoever, except as part of a personal use, non-commercial purposes , without any modification is made to the said elements . Prior authorization from the seller is required to establish any link, including the personal website or blog client, redirecting directly to the home page of the seller’s website. This authorization shall consist of an implicit affiliation agreement. Any links will be removed at the first request of the seller. The trademarks, logos , designs on the website are the exclusive property of the seller . Their reproduction, or download in no way be construed as granting any license or right to use any .
– ENTIRE : In case any one or more provisions of these terms and conditions of sale would be for any reason whatsoever, be deemed invalid or unenforceable , such invalidity or unenforceability, this will not affect any other provision . The seller will replace that provision with a valid and enforceable in accordance with legal and regulatory provisions .
JURISDICTION – LAW
Jurisdiction is given to the ordinary courts for any dispute