Terms and conditions of sales
1. Legal conditions
This site is published by LA FROMAGERIE DE MONTBELIARD EURL share capital of 1000.euros whose registered office is at 60 Rue Jacques Foillet 25200 MONTBELIARD, Belfort registered with Companies under number 799 835 715.
Website address: www.fromageriedemontbeliard.fr
Phone: 00318.104.22.168.85 or 00322.214.171.124.82
VAT number: FR 18 799835715
2. General conditions
These Terms and Conditions of Sales are concluding between LA FROMAGERIE DE MONTBELIARD EURL and the customers.
By using this website, you are accepting the Terms and Conditions of use. If you do not want to accept these terms and conditions of use, you must not continue to use this website
These Conditions regulate only the relations with the major physical persons buying for their personal needs and legal persons purchasing for their non-professional needs. La FROMAGERIE DE MONTBELIARD EURL reserves the right not to deliver any order appearing in contradiction with a personal acquisition such as to the volume of products ordered.
The Terms are opposable to the Customer recognize that, by ticking the box designed for this purpose by becoming aware and accepted them before ordering.
Order placement implies full and unreserved Client to these Terms. They are the only contractual document enforceable against the parties to the exclusion of all other documents, brochures, catalogues or photograph in any media whatsoever, which have only indicative. These Terms are available on the website of La FROMAGERIE DE MONTBELIARD EURL (www.fromageriedemontbeliard.fr) where they are directly searchable and can also be provided upon request by telephone, email or post.
3. Protection of minors
All customers must be aged 18 years or over and by placing an order, you confirm that you are at least 18 years old.
In accordance with Article L 3342-1 of public health, the sale of alcohol to minors under 18 is prohibited. All orders must be placed by an adult. Any false declaration will be the responsibility of the author.
The offers are valid until they are visible on the website, if no particular indication, subject to the availability of the Article in the stocks of the Cooperative. The availability of items including cheese depends on the production season. When ordering an Article unavailable, the customer will be informed as soon as confirmation of the order or, exceptionally, by e-mail as soon as possible. LA FROMAGERIE DE MONTBELIARD reserves the right to withdraw at any time, any article online sales.
For cheese cut by weight, their weight may vary depending on the cut in the range of +/- 5% from the weight indicated on the product description or ordered by the Customer. If the weight of the product to the cut is 5% higher than the amount indicated in the description or the Customer's order, the excess weight will not give rise to any proportionate increase in price.
Given the composition of dairy products the customer is informed that the weight of the cheese can vary significantly over time, particularly between the weight weighed during packaging and that the day of delivery.
5. Presentation of articles
Articles sold by LA FROMAGERIE DE MONTBELIARD EURL on the Site are described and presented with great care and as accurately as possible, particularly as to their composition. Nevertheless, despite the diligence LA FROMAGERIE DE MONTBELIARD EURL, errors may occur in the presentation of items without the responsibility of LA FROMAGERIE DE MONTBELIARD EURL being incurred because of this. In any event, on the Site the photographs faithfully reproduce the article but do not enter the contractual field.
6. Intellectual propriety
All text and images presented on the site are reserved for the whole world under copyright and intellectual property; their reproduction in part is prohibited without the written consent of LA FROMAGERIE DE MONTBELIARD EURL. Similarly, any introduction of hyperlinks to the Site without express permission of the legal representative of LA FROMAGERIE DE MONTBELIARD EURL is prohibited.
Unauthorized reproduction of articles and official logos on the site is the responsibility of the author.
Article 7.1: Opening an account
Customer during his first command will open an account and fill out a form. The Customer confirms their acceptance of these terms and conditions by clicking on the icon "I have read and agree to the terms and conditions".
Upon registration, the Customer agrees to provide complete and accurate information to personal as well as update them if necessary.
Buying items is reserved to those with the capacity to contract within the meaning of Articles 1123 and 1124 of the French Civil Code. As such, the ages of 18 are unable to acquire any article on the site.
Customer is responsible for the conservation and use of his login and password.
7.2. Placing an order
1. Select the article and adding to the basket.
2. Fill the order form. In case of prolonged inactivity during the connection, it is possible that the selection of items chosen by the Customer before this inactivity is no longer guaranteed. The customer is then asked to resume its selection of items from the beginning;
3. Check the items in the order and, where appropriate, to identify and correct errors;
4. Confirm the Order, the total price and the price all inclusive (the "Validation of the Order");
5. Follow the instructions on-line payment server to pay the price all inclusive.
The customer receives electronically and without delay an acknowledgment containing the essential information of the order worth confirmation of the Order and acceptance of payment (the "Order Confirmation") by clicking on the "Control with payment obligation".
Customer receives electronic confirmation of shipment of the Order.
7.3. Refusal of an order
Accordance with Article L.122-1 of the Consumer Code, the Cooperative reserves the right to refuse any order from a customer in case of non-payment, late payment, partial payment, discharge of means of payment or stop payment Bank account holder, but also in case of previous dispute over payment of a previous order or if abnormal order, passed in bad faith or issued non-subject countries hereby general conditions of sale. In this case the Cooperative informs the Customer by any means.
7.4 Proofs of contracts
Order confirmations archived by LA FROMAGERIE DE MONTBELIARD EURL give particular date to order and as proof of the Customer's consent to the sale concluded.
By express agreement between LA FROMAGERIE DE MONTBELIARD EURL and the Client, e-mail and electronic order confirmations are valid between the Parties.
It is recommended that the Customer keep a copy in electronic format and / or paper of the order items.
The prices of the items on sale are stated in Euros, including taxes (VAT) and excluding delivery costs. Delivery charged when ordering costs, are borne by the Customer, in addition to the price of the ordered items. The amount of delivery costs is indicated to the Customer before the validation of the Order. The Cooperative reserves the right to change the prices at any time but the products will be billed based on rates in effect at the time of order confirmation.
Purchasing payment is made immediately by credit card.
The site has a secure online payment system that allows the client to encrypt the transmission of banking data (the bank Credit Mutuel).
Delivery is made by carrier per package tailored to the address specified by the Customer on the Order or up point. The Customer must clearly indicate to the Seller the information necessary for the delivery (door code, floor, phone number or relay point). The delivery time is indicated to the customer before the order is placed. The Cooperative is committed to making its best efforts to deliver the Products ordered by the Customer in the posted deadlines. If the cooperative has not executed within this period, the Customer shall, before canceling his order, require the cooperative to run it in a reasonable grace period. The order will be committed to the receipt by the professional letter or writing informing him of the resolution, unless the Cooperative is executed between. The amounts paid by the Customer will be refunded at the latest within fourteen days of the date of termination of the contract.
The delivery date is the date and time of delivery or first effective presentation to the shipping address provided by the Customer in the order form or the provision Point Relay. In the absence of the Customer or a person may take possession of the Products during delivery, the carrier will leave a notice at the delivery address specified by the customer calling the Customer to withdraw the products.
11. Reception of articles
Upon withdrawal, the Customer or any third party to whom he has given power to recover Articles agrees to check the condition and conformity of products delivered over the order, and will formalize its acceptance by signing the withdrawal slip that will be presented, and which may be increased any remarks seemed necessary.
The Customer may make reservations upon delivery of products in the event of improper quantity ordered delivery, or in case the package containing the items would be severely damaged.
The signing by the Customer or any person authorized by him in that said withdrawal order confirms the receipt of the order, its content and the number of parcels that indicated on the withdrawal as well as the condition of the package.
In the event that the Customer is absent at the time of delivery, the Customer agrees to remove the items as soon as possible due to their perishable nature. Beyond 2.jours, perishable items will not be stored for sanitary reasons; LA FROMAGERIE DE MONTBELIARD EURL is not proceeding to reimbursement for items not removed by the Customer.
When the envoys products have a perishable nature, LA FROMAGERIE DE MONTBELIARD EURL cannot in any way be responsible for any deterioration of the products in case of absence when receiving originally planned or for late withdrawal or non-withdrawal from the carrier.
12. Reservation of ownership
LA FROMAGERIE DE MONTBELIARD EURL reserves ownership of delivered items until full payment of principal, accessories and fresh. Payment is made to the actual receipt of the price. In the absence of full or partial settlement, LA FROMAGERIE DE MONTBELIARD EURL can claim without prior notice or the items delivered to the Customer.
13. Risk transfers
At the date of delivery, the Customer assumes particular, the risk of loss or damage to goods, responsibility for damage they may cause and all risks of transporting items if returned.
Due to the perishable nature of certain items (dairy products) and in accordance with the provisions of Article L. 121-20-1 of the Consumer Code, the Customer does not have a right of withdrawal.
For non-perishable products, the Customer has a cooling off period of fourteen (14) days from the delivery of the article without having to justify or pay penalties, except for return costs placed at its sole expense.
The returns should be in their original condition and complete (packaging, accessories) accompanied by the invoice.
Upon receipt of the order, the Customer must ensure that the delivered items comply fully with the order.
Otherwise, the Customer must inform LA FROMAGERIE DE MONTBELIARD EURL by any means
The items are sold subject to the following guarantees legal conditions.
-in compliance: the provisions of Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, the provisions that apply only consumers personal, non-professional.
-in terms of hidden defects: the provisions of Article 1641 of the Civil Code and Article 1648, paragraph 1 of the Civil Code.
LA FROMAGERIE DE MONTBELIARD EURL cannot be held liable for damages of any kind, whether bodily or material that could result from improper storage or use of items sold especially in case of noncompliance with the cold chain by customer. As for products that alteration LA FROMAGERIE DE MONTBELIARD EURL is not been liable for any changes resulting from Articles composition. The Customer remains the sole judge of the appropriate and compatible with its needs and health. In this respect, the attention of the customer is drawn to the fact that it should not consume products beyond the time indicated on the label or if it appears that the Products are damaged (due to heat, problems during transportation or any other cause).
Only direct damages including proven fault lies solely with the EURL Fromagerie de Montbéliard him liable.
Any claims made under guarantees should be directed to the Cooperative by email (email@example.com), by letter (60 rue Jacques Foillet-25200 MONTBELIARD -FRANCE) or telephone (003126.96.36.199.85). Any claims made by telephone must be accompanied by an email or a letter in case of return of the product.
The products covered by the guarantees must be returned in suitable packaging upon receipt and confirmation by LA FROMAGERIE DE MONTBELIARD EURL all the details of the order listed on the Order Confirmation.
17. Major force
In case of force majeure, such as in particular wars, acts of war, boycott, strike, natural disaster, blocking of means of transport, floods, storms, explosions, fire, interruption of electronic means of communication, lack of raw material delivery may be suspended until termination of the event in question for a period not exceeding one month. In case of more than one month suspension, the contract may be cancelled by operation of law subject to compliance with a 7 day notice by either party by registered letter with acknowledgment of receipt.
18. Personal information
Placing an order with the LA FROMAGERIE DE MONTBELIARD EURL requires transmission by the Client of personal identifiable data necessary to process the request. In case of error in the provision of this information, the CHEESE MONTBELIARD EURL will not be held responsible for failure to deliver the Article. Under the Data Protection Act, the Customer has the right to access and correct or delete personal data on written request by email or post. The information collected is reserved for the operation of the Site and are confidential. The file was the subject of a declaration in accordance with the requirements required by law "and Freedoms" n ° 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004.
These terms and conditions can be adapted or modified at any time by LA FROMAGERIE DE MONTBELIARD EURL. The applicable Terms are those in effects on the date of the order; a copy dated to date can be given to the client at his request.
20. Applicable law – language - competent court
In case of dispute, the customer should first contact the LA FROMAGERIE DE MONTBELIARD EURL to find an amicable solution. Otherwise, the competent courts are the French courts and applicable law is French law.
The contract language is French. In the event of a translation of these Terms in foreign languages, only the French version shall prevail.
21. Pre-information, the customer acceptance
The Customer acknowledges having received notice, prior to placing the order, in a legible and understandable way, of these Conditions of Sale and all information and information covered by articles L 111-1 to L 111-7 of the Code of consumption, and in particular:
* the essential characteristics of the product, given the communication medium used and the Article concerned;
* the price of the Products and associated costs;
* the date or period to which the Cooperative is committed to delivering the article;
* information on the legal and contractual guarantees and their conditions of implementation
* the possibility of using a conventional mediation in disputes
* the information concerning the right of withdrawal