Terms of Sales
I. General Conditions of Marketplace Sales
FROMAGERIE ROUSSEAU SARL publishes and operates a website at the address fromagerierousseau.fr (hereinafter the "Site"), the purpose of which is to offer a service for the sale of fresh, dry or frozen food products (hereinafter the "Products") offered at a firm price.
These General Conditions of Sale (hereinafter the "GTC") apply, as soon as an order is placed on the site fromagerierousseau.fr.
The company FROMAGERIE ROUSSEAU SARL assumes responsibility for the proper conduct of orders on the site.
The T & Cs are enforceable against the Buyer who acknowledges, by checking a box provided for this purpose, to have been aware of and accepted them before placing an order. The GTC can be viewed and downloaded directly from the Site.
They may be subject to change at any time. The T & Cs applicable to the Buyer remain those in effect on the date of the order.
2 - Ordering methods and prices:
2.1 Registration on the Site:
To place an order, the Buyer must create a customer account using a valid email address and password.
When creating this account, the Buyer must complete a form containing personal data that must be completed.
The Buyer must be of legal age and have the legal capacity to contract. Any order for Products of an amount less than 200 euros, placed by a minor will be considered as an act of everyday life and deemed made with the agreement of his legal representatives.
The sale of alcoholic beverages is prohibited to minors. the Buyer declares, under his sole responsibility, to be over 18 years of age on the date of placing the order.
When opening this account, the username and password are defined by the Buyer, who undertakes to keep them secret and not to disclose them to any third party. The Purchaser will therefore bear only all the consequences that may result from their use by third parties who have knowledge of them.
2.2 Conformity of products and or services:
- Product description
Any Product offered for sale on the Service by the Seller is the subject of a description of its essential characteristics, within the meaning of Article L.111-1 of the Consumer Code, on the page of the Site dedicated to the Product. (the “Product Information Sheet”).
The Seller undertakes to offer only available Products on the Site and to remove from the Site without delay any offer that is no longer available. In the event of exceptional unavailability of a Product after the Buyer's order has been placed, the Seller will inform the Buyer and the order, and the Buyer's bank account will not be debited from this Product.
The Product Information Sheet includes at least the following elements:
• The identity of the Seller,
• Description and photo of the Product,
• The price of the Products is indicated inclusive of all taxes for private buyers, and exclusive of taxes for professional buyers, and is understood to be exclusive of delivery costs.
• The essential characteristics (size, quantity, unit, weight, characteristics and the list of ingredients or their composition…).
A weight deviation tolerance of 10% maximum will be allowed on the quantity of the product delivered.
The information mentioned on each Product Information Sheet is that provided by the Seller.
The Buyer is informed that the photographs are not contractual and that he must refer to the descriptions of the Products before placing his order.
- Order steps
To place an order via the Service, the Buyer must follow the online ordering procedure by respecting the following steps:
1.select the Products that are the subject of the order and the desired quantities,
2. Consult the summary of the order with the associated delivery costs,
4.fill in the information relating to the delivery and consult the delivery times, which only run from the confirmation of acceptance of the order by the Seller,
5.confirm the order and declare that these GTC have been made available to him and fully and unreservedly accept them by clicking on validation,
6. enter the method of payment and enter, if applicable, their banking information,
7. The Buyer then receives an email confirming the registration of his order.
8.As soon as the Seller confirms having taken charge of all or part of the order, an email is sent to the Buyer to confirm and summarize his order as well as the General Conditions of Sale and the Seller in fact makes a firm commitment to 'ship the Products within the specified period and the Buyer's bank account is debited for the amount of the order.
9. This step formalizes the conclusion of the distance selling contract with the Seller.
2.3 Product prices
The prices of the Products offered for sale through the Service have been freely set by the Seller, in compliance with applicable laws and regulations.
The price of the Products is indicated in euros inclusive of all taxes for private buyers, and excluding taxes for professional buyers. The amount of delivery costs for each order will be specified to the Purchaser and added to the amount of the Products before the final validation of the order.
The price indicated on the Product Information Sheet is non-negotiable by the Buyer.
The sale price of the Products is that in force on the day of the order.
In the event of a promotional price, the Seller undertakes to apply the promotional price to any order placed during the promotion period.
The Seller reserves the right to modify its prices at any time, while guaranteeing to the Buyer the application of the price in force at the time of his order.
2.4 Delivery costs
A contribution to the actual cost of transport calculated according to the amount of the order made with the Seller is considered as delivery costs.
Delivery costs are determined according to the delivery terms and freely set by the Seller.
The delivery costs are understood by Seller, so if you have 3 different Sellers in the same global order, the delivery costs will be added.
The amounts are inclusive of VAT, they will be offered excluding VAT for professional buyers
The price is payable in cash, in full at the time of validation of the order through one of the secure online payment methods.
It is made up of the purchase price of the Products, as well as the delivery costs added before the validation of the order according to the scale specified in the article "Delivery costs".
In the event of payment by credit card, the Site is equipped with an online payment security system allowing consumers to scramble and encrypt the transmission of their banking data.
The debit of the amount is deferred upon acceptance of the order by the Seller (s).
The Site will debit the amount of the order, made up of the price of the Product (s) and delivery costs, on behalf of the Sellers, upon acceptance of the order by the Seller (s) and will pay the amounts owed to each Seller.
2.6 Means of payment
Payment can be made by credit card: Visa, MasterCard.
The Site is subject to a security system:
2.8 Default of payment
In the event of non-payment, FROMAGERIE ROUSSEAU SARL reserves the right to temporarily or permanently interrupt access to the Service to the Buyer concerned.
3 - RIGHT OF WITHDRAWAL
The Purchaser has a withdrawal period of 14 calendar days from the date of purchase of the Product or from the date of delivery of the Dry Food Products to exercise his right of withdrawal, without having to justify any reasons, nor to pay penalties, with the possible exception of return costs.
In accordance with Article L 121-21-8 of the Consumer Code, the Buyer cannot withdraw when the Product is:
• A good likely to deteriorate or expire quickly (fresh food products).
• An alcoholic drink whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
3.2 Exercise of the right of withdrawal:
The Buyer who wishes to exercise his right of withdrawal can directly contact the Company FROMAGERIE ROUSSEAU SARL which will assist him in his procedures.
This contact can be made using:
- the standard withdrawal form provided by the Seller during their exchanges via the messaging tool made available as part of the Service.
- or by any means and in particular on its Customer interface, by selecting the reason for the right of withdrawal, and mentioning the order concerned by this withdrawal using the messaging tool made available to it as part of the Service.
Once the withdrawal form or declaration has been sent, the Buyer must return the Product (s) concerned to the Seller within a reasonable period of time and, at the latest, within 14 days following the communication to the Seller of the Buyer's decision to retract.
The Buyer returns the Product (s) to the address indicated by the Seller using the messaging tool made available as part of the Service.
Returns are to be made in their original condition and complete in packaging identical to that used during shipping, allowing them to be re-marketed.
Returns must also be accompanied by proof of purchase, a copy of the invoice or the purchase delivery slip for optimized management.
3.3 The effect of the right of withdrawal:
In the event of exercise of the right of withdrawal, only the price of the Product (s) subject to the withdrawal as well as the delivery costs will be reimbursed by the Seller. Delivery costs will not be refunded if a Buyer keeps part of the Products purchased from the same Seller. They will be partially refunded in the event of partial withdrawal of the order.
Exceptionally, and in the event that the Seller has not made this reimbursement, within 14 days from the date on which the right was exercised by the Buyer, the Company FROMAGERIE ROUSSEAU SARL will proceed with the reimbursement. sums paid including delivery costs, at the latest within 14 days from the date on which the right was exercised with the Seller and that the Company FROMAGERIE ROUSSEAU SARL has been informed, using the same means of payment than the one used for the command.
This reimbursement date may be deferred until recovery of the Product, or until the Buyer has simultaneously provided the Seller and the Company FROMAGERIE ROUSSEAU SARL with proof of shipment of the Product, the date selected being that of the first of these facts.
4 - Delivery
4.1 Delivery address
Products sold via the Service can only be shipped to delivery addresses located in the Delivery Zone accepted when ordering. Otherwise, the Order cannot be delivered to the Customer and the Contract cannot be formed.
It is the sole responsibility of the Purchaser to ensure that the information that he communicates to the Company FROMAGERIE ROUSSEAU SARL for this purpose is and remains correct and that they will allow him to receive the Products that he purchases on the Site.
The Products are shipped by the Seller to the address indicated when ordering. The transport will be carried out by a service provider appointed by the Company FROMAGERIE ROUSSEAU SARL in its capacity as agent of the Vendor (s).
In the event that the address indicated is incorrect or incomplete, the Company FROMAGERIE ROUSSEAU SARL will be entitled to claim payment of new delivery costs.
The responsibility of the Company FROMAGERIE ROUSSEAU SARL and / or the Sellers cannot be held liable in the event of failure to deliver the Product due to an error in the delivery address you provided.
4.2 delivery times
The Seller (s) undertake (s) to process Orders within 1 working day of the order confirmation date.
Delivery will be made according to the delivery option chosen by the Purchaser and at the latest within a maximum period of 30 days from the ordering.
The Buyer may immediately terminate the sales contract when the Seller refuses to ship the Product.
In these circumstances, FROMAGERIE ROUSSEAU SARL will reimburse the Buyer for all sums paid, no later than 14 days following termination of the contract. In the event of late delivery, the Buyer may contact the Customer Service of the Company FROMAGERIE ROUSSEAU SARL, the contact details of which are given below.
The total lack of delivery entails the automatic termination of the sales contract.
Upon delivery, damage or spoliations must be the subject of written, precise, complete, dated and signed reservations on the part of the Buyer on the delivery slip.
The Buyer's digitized signature, as well as its reproduction, is proof of delivery of the packages and the parties recognize this signature as having the same legal value as that of a traditional signature on paper.
Any pending object is handed over to the recipient or his representative on presentation of an identity document.
The responsibility of the carrier or the Company FROMAGERIE ROUSSEAU SARL cannot be engaged in the event of failure to deliver the Product due to an error in the delivery address provided.
4.4 Delivery of fresh produce
The Buyer is informed of the departure of his parcel by sending an email or SMS summarizing the products sent and informing him of the parcel's tracking number.
The Purchaser must be present for the hand delivery of his order or ensure that the carrier has free access to his letterbox complying with the NF D 27 404 standard.
In the event of absence at the time of delivery and in the absence of access to a letterbox complying with standard NF D 27 404, a dated delivery notice, which certifies the presentation of the item, is submitted by the carrier. It mentions the place where the item can be collected or the possibility of a new presentation.
Due to the specific nature of the fresh products which are perishable foodstuffs, the responsibility of the carrier or the Company FROMAGERIE ROUSSEAU SARL cannot be engaged in the absence of the Buyer during the hours and days of delivery and / or re delivery.
The Buyer is particularly informed that given the perishable nature of the fresh products, if the Buyer does not receive his package or does not collect his package, no refund will be made.
5 - Complaints
5.1 Complaints relating to the Product:
At any time, the Buyer has the possibility to contact the Seller, to send any request or complaint relating to the Products ordered by using the messaging tool made available as part of the Service, in particular to assert its guarantees when they are in class.
The Buyer also has the possibility of contacting the customer service of the Company FROMAGERIE ROUSSEAU SARL which will assist him in his procedures.
In addition to the messaging tool, a dedicated button is available allowing any Purchaser to report in his account, within 30 days from the date of debit from his account for purchases made. concerning the Products ordered.
In the event of a complaint from a Buyer concerning a Product, the Company FROMAGERIE ROUSSEAU SARL takes care of the resolution of the dispute between it and the Buyer.
5.2 Complaints relating to the delivery:
Any question or request for clarification concerning a delay or failure in delivery must be sent to the Customer Service of the Company FROMAGERIE ROUSSEAU SARL accessible by the following means:
• - Upon receipt of the Product (s) ordered, the Purchaser must notify his complaint using the messaging tool made available as part of the Service and accessible in the "My Orders" tab then "View the Detail of my Order "then" Declare an incident "and declare therein all reservations on the delivered Product (for example: damaged package, already opened ...).
• - By contact form, the Customer Service of the Company FROMAGERIE ROUSSEAU SARL will acknowledge receipt of the complaint as soon as possible.
The consumer claimant has the possibility, if the response of the Company FROMAGERIE ROUSSEAU SARL does not satisfy him or if he has not received a response 2 months after the filing of his complaint, to refer to the competent Mediator for any dispute concerning the complaint. 'all the services covered by these general conditions of sale. The mediation procedure is free. The Mediator can be contacted by consumers either directly or through an intermediary (consumer association, lawyer, elected representative, other mediator, etc.).
6 - Product guarantees
The Products sold on the Site comply with the regulations in force.
All Products supplied by the Seller through the Service benefit as of right from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and from the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
Under these guarantees, the Seller undertakes, at the choice of the Buyer, to reimburse him or to exchange the defective products or products not corresponding to his order.
Shipping costs will be reimbursed on the basis of the invoiced rate.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of the lack of conformity or the hidden defect. The refund will be made by crediting the Buyer's bank account.
Regardless of the commercial guarantee that the Seller may grant to the Buyer by virtue of its Terms of Sale, the Seller remains liable, in accordance with Article L. 211-15 of the Consumer Code, for lack of conformity and defects hidden from the product.
7 - applicable law
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
Any dispute relating to these T & Cs or to the sales transactions concluded in application of these will be subject to the jurisdiction of the court of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the product.
If the Purchaser is the plaintiff, he can also apply to the competent court for the place where he was living at the time of the conclusion of the contract or the place of the occurrence of the harmful event.
8 - Personal data
For the purposes of order processing, marketing and statistical studies and for commercial prospecting purposes, the Company FROMAGERIE ROUSSEAU SARL requires the Buyer to provide personal data such as his identity, address and bank details, which are mandatory when marked with an asterisk.
These data are collected fairly and managed by the Company FROMAGERIE ROUSSEAU SARL as the person responsible for the automated processing of personal data having been the subject of a compliant declaration to the CNIL (Commission Nationale Informatique et Libertés) under the number ……………………… .. In order to ensure the proper management of customer accounts, orders, payments and complaints, this information may be communicated to third parties.
The FROMAGERIE ROUSSEAU SARL Company may send the Buyer the commercial offers of its Site by means that it has expressly accepted where appropriate (sms, email), and by post if it is not opposite. The Purchaser retains the right to oppose at any time and free of charge to the use by the Company FROMAGERIE ROUSSEAU SARL of his personal information for commercial prospecting purposes, in particular by connecting to his customer account, by completing the form online contact, or by clicking on the unsubscribe links in each commercial prospecting email.
In accordance with the Data Protection Act of January 6, 1978, the Buyer has at any time the right to access, rectify and delete data concerning him and to oppose their processing.
If the Buyer wishes to exercise these rights, he is invited to complete the online contact form made available to him or to send his request by mail to the following address: FROMAGERIE ROUSSEAU SARL ………………………… …………………………………, indicating their names, first names, postal and electronic addresses.
The Purchaser also has the option of changing their details directly via their customer account.
9. Suspension of accounts, limitation of access and termination
any Buyer has the possibility of terminating your contractual relationship with the Company FROMAGERIE ROUSSEAU SARL at any time, free of charge and without cause. To do this, simply send an email to the following address:
10. Personal data
11. Intellectual property
Subject to the content provided by its Customers, FROMAGERIE ROUSSEAU SARL is the sole owner of all intellectual property rights relating to the Service, the Platform, its content (in particular texts, images, designs, logos, videos, etc. sounds, data, graphics) as well as to the software and databases ensuring their operation.
12. Role of FROMAGERIE ROUSSEAU SARL
The Site can constitute an online networking platform on which Customers can create and publish Carpool Advertisements for Carpool Orders. These Carpooling Announcements as well as the Bus Announcements can in particular be consulted by other Customers to learn about the terms of the Order and, if applicable, directly book an Order in the vehicle concerned with the Customer who posted the advertisement on the Platform. or the Coach operator.
By using the Platform and accepting these T & Cs, you acknowledge that FROMAGERIE ROUSSEAU SARL is not a party to any agreement concluded between you and other Customers or a Coach operator with a view to sharing the costs relating to an Order.
FROMAGERIE ROUSSEAU SARL has no control over the behavior of its Customers, Coach operators and their agents, and users of the Platform. It does not own, operate, supply or manage the vehicles covered by the Advertisements, nor does it offer any Order on the Platform.
The buyer acknowledges that the FROMAGERIE ROUSSEAU SARL Company does not control the validity, veracity or legality of the Advertisements, Orders and Orders offered. As a carpooling intermediary, FROMAGERIE ROUSSEAU does not provide any transport service and does not act as a transporter, its role being limited to facilitating access to the site and its services.
13. Modification of the GTC
These T & Cs and the documents incorporated by reference express the entire agreement between the Buyer and the Company FROMAGERIE ROUSSEAU SARL relating to your use of the Services. Any other document, including any mention on the Platform (FAQ, etc.), is for information only.
FROMAGERIE ROUSSEAU SARL may be required to modify these General Conditions in order to adapt to its technological and commercial environment and in order to comply with the regulations in force. Any modification of these GTCS will be published on the site with a mention of the date of update and will be notified to you by the Company FROMAGERIE ROUSSEAU SARL before its entry into force.
14. Applicable law - Dispute
These GTC are drafted in French and subject to French law.
The Purchaser may also submit, where applicable, complaints relating to the Site or its Services, on the dispute resolution platform put online by the European Commission. The European Commission will take care of transmitting the complaint to the competent national mediators. In accordance with the rules applicable to mediation, the Buyer is required, before any request for mediation, to have previously informed the Company FROMAGERIE ROUSSEAU SARL in writing of any dispute in order to obtain an amicable solution.
In accordance with articles of the Consumer Code L.611-1 and following, it is provided that for any dispute of a contractual nature that could not be resolved within the framework of a complaint previously submitted to our customer service, the Buyer may, in his capacity as consumer, resort to mediation free of charge by contacting the National Association of Mediators (ANM) either by mail by writing to 62, rue Tiquetonne 75002 PARIS or by e-mail by completing the online referral form at the following address: www.anm-conso.com
The following website www.economie.gouv.fr/mediation-conso also contains all the information you need in the event of a cross-border dispute.
15. Legal notices
The site is published by FROMAGERIE ROUSSEAU SAS, a simplified joint-stock company with a share capital of € 1,000.00, registered in the Marseille Trade and Companies Register under number 853 769 594, whose registered office is located at 9, Cours Julien - 13006 Marseille, represented by its President, Céline CIRILLO, Director of the publication of the Site.
The Site is hosted on OVH servers.