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Last updated: 31.08.21
Clause 1: Subject matter
The general terms and conditions of sale described below detail the rights and obligations of the confectionery 1844, La Micaline Agro S.A.S and its customer in connection with the sale of the following goods: Traditional confections, chocolate making, syrup and biscuit making
Any service provided by La Micaline Agro S.A.S therefore implies the unreserved acceptance of these general terms and conditions of sale by the buyer.
Clause 2: Price
Micaline Agro S.A.S reserves the right to change its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when registering the order.
The prices of the Products are indicated in euros, including all taxes, and do not take into account delivery costs, charged at an additional cost, and indicated before the validation of the order, packaging and processing of the order.
The delivery costs, which are added to the total amount of the order, are indicated on the summary of the order, according to the terms of delivery.
Clause 3: Offers
The promotional offers are valid for the period of validity they mention and as long as they are displayed on the Website, as well as within the limits of available stocks. Orders can only be accepted if the prices quoted are in accordance with those of the offer in force.
Clause no. 4 PRODUCTS
Presentation of products
The Seller presents on its Site the products and services as well as their detailed descriptions allowing the Customer to know, before the final order, their essential characteristics.
Product illustration and photography
The Customer is informed that the descriptions, product sheets, prints, advertising descriptions and photographs do not fall within the contractual scope and are only a presentation of the products for information purposes.
Availability
The product offers presented on the Site are valid within the limits of available stocks. A product that has become temporarily unavailable is indicated as such.
The fact of adding a product to the cart does not constitute validation of the order, so it is possible that all or part of the quantity of a product placed in the cart, is no longer available at the time of validation of the order. In this case, the Customer is informed directly and before the payment of his order.
The Seller will make every effort to ensure the availability of the entire range of products offered.
Clause 5: Payment Terms
This is an order with payment obligation, which means that the placing of the order implies a payment by the Customer.
To pay for his order, the Customer has at its disposal all the payment methods made available by La Micaline Agro S.A.S and listed on the Website, namely:
by credit card;
by bank cheque;
by transfer.
The Customer warrants to La Micaline Agro S.A.S that it has the necessary authorizations to use the payment method chosen by him, when validating the order form. Micaline Agro S.A.S reserves the right to suspend any order management and delivery in case of refusal of authorization for payment by credit card from officially accredited organizations or in case of non-payment. Micaline Agro S.A.S reserves the right to refuse to make a delivery or to fulfill an order from a Customer who has not fully or partially settled a previous order or with whom a payment dispute is being processed.
Micaline Agro S.A.S does not keep personal or financial information in its database when processing the Customer’s payment.
Clause 6: Retention of Title Clause
Micaline Agro S.A.S retains ownership of the goods sold until full payment of the price, in principal and accessories. Therefore, if the buyer is subject to a reorganization or judicial liquidation, La Micaline Agro S.A.S reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause 7: Delivery
Delivery is the transfer to the Customer of the physical possession or control of the Product.
Products are delivered to the delivery address indicated during the order process.
The delivery costs are borne by the customer except in case of free shipping on the initiative of the seller.
In the case of deliveries by a carrier or by post, Micaline Agro SAS cannot be held responsible for delivery delays due exclusively to the unavailability of the customer after several appointment proposals.
Upon delivery, the customer must carry out an examination of the physical condition of the delivered package and an examination of its contents in the presence of the carrier.
For packages delivered without signature in the client’s mailbox, in case of absence, it is necessary to contact the post office to communicate your instructions.
Clause 8: Liability
The Products sold on the Website comply with the regulations in force in France.
The products supplied by La Micaline Agro SAS are entitled to full rights and without additional payment, regardless of the right of withdrawal:
the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code, for products that are apparently defective, damaged or damaged or do not correspond to the order
In accordance with article L.121.20 of the French Consumer Code, you have a withdrawal period of fourteen days from receipt of your ordered products to return the products for exchange or refund.
In the event of the withdrawal period being exercised, La Confiserie 1844 - LA MICALINE AGRO SAS is obliged to refund you the sums you have paid, without penalties except for shipping costs.
Beyond the withdrawal period, any return of product, whether it occurs under the guarantee, amicable settlement of a claim or any other reason must be the subject of a formal agreement between the buyer and La Confiserie 1844 - LA MICALINE AGRO SAS It will result in the creation of a credit to the benefit of the buyer. The shipping costs will be borne by the buyer.
Returned items must be returned in their original packaging without having been used, accompanied by a copy of the invoice to: CONFISERIE 1844 796A Avenue Cugnot - ZAC des Escampades 84170 MONTEUX
If you have any problems, call the Customer Service: 04 90 67 31 30 to arrange your return or exchange.
Exclusion
Confiserie 1844, la Micaline Agro SAS informs the Customer that pursuant to article L.221-28 of the Consumer Code, the Customer does not benefit from ordering products which, due to their nature, may not be reshipped or are likely to deteriorate or expire quickly, a right of withdrawal including confectionery sensitive to heat and moisture such as fruit paste, chocolates, marshmallows or caramels.
The Confectionery 1844, La Micaline Agro cannot guarantee the quality of its products if the customer has not respected the optimum conditions for storage or if he consumes products beyond the expiry date indicated on the packaging.
La Micaline Agro SAS shall not be liable in the following cases:
non-compliance with the legislation of the country in which the Products are delivered, which it is the responsibility of the Customer to verify;
Fraudulent use of the site or login credentials by the customer
Site disruption
Force majeure within the meaning of article 1218 of the French Civil Code preventing it from fulfilling the obligations contained in these general terms and conditions of sale.
Clause 9: Intellectual property
All brands, photographs, texts, comments, illustrations, animated or not images, video sequences, sounds, as well as all computer applications that could be used on the website and more generally all the elements reproduced or used on the site are protected by the laws in force under intellectual property.
They are the sole and exclusive property of or its partners. Any reproduction, representation, use or adaptation in any form whatsoever of all or part of these elements, including computer applications, without the prior written consent of La Micaline Agro SAS is strictly prohibited. The fact that La Micaline Agro SAS does not initiate proceedings upon becoming aware of such unauthorized uses does not mean acceptance of such uses and waiver of prosecution. Any simple or hypertext link is strictly prohibited without express written agreement of La Micaline Agro SAS.
The marks of the confectionery 1844, the Micaline Agro as well as all trademarks, figurative or not, and all other marks, trade names, service mark, illustrations, images, houses, designs and models registered or name, copyright and patent(the intellectual property elements) appearing on products in catalogues, the online shop on all accessories or registered packaging or names are and remain the exclusive property of the confectionery 1844 La Micaline Agro.
Clause 9: Privacy / Your personal information
We know that you care about how your personal information is used and we are committed to using and sharing this information carefully and judiciously.
Our protection policy is detailed in the dedicated page on the site.
Clause 10: Pre-contractual information – Acceptance by the Client
The Customer acknowledges that he has been informed, prior to placing his order, in a legible and understandable way, of these General Conditions and all the information and information referred to in articles L. 111-1 to L. 111-8 of the Consumer Code.
Clause n° 11 : Droit applicable - Règlement des litiges
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Avignon (84) or any other jurisdiction chosen by the consumer
In accordance with article L616-2 of the consumer code, La Confiserie 1844 - La Micaline Agro informs the Customer of the existence of an online dispute resolution platform set up by the European Commission. This platform aims to collect any complaints from online purchases by European consumers and then forward the cases received to the competent national ombudsmen. This link is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
