DEFINITION OF PARTIES
Between the Company Le Coq Gourmet,
15 rue du General Leclerc, VERSAILLES
registered in the Trade and Companies Register of VERSAILLES,
under number SIRET 853 833 481 00015,
represented by Loïc Lebourg
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the « Seller » or the « Company ».
And the natural or legal person purchasing the products or services of the company,
Hereinafter, the « Buyer », or « the Customer »
The Seller is a publisher of products and services for food and beverages marketed through its website (https://lecoqgourmet.fr). The list and the description of the goods and services proposed by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1: OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms of Sale (GTC) apply to all sales of Products, or Services performed through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company’s website at the following address: https://lecoqgourmet.fr/legal. The Company also ensures that their acceptance is clear and unqualified at the time of purchase. The Customer declares that he / she has read all of these General Terms and Conditions of Sale, and if applicable the Special Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICE
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller to fulfill his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if any of its options and indications of the essential data of the Customer (identification, address …); – Acceptance of these General Terms of Sale. – Verification of the elements of the order and, if necessary, correction of the errors. – Followed instructions for payment, and payment of products. – Delivery of products. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller agrees to honor the Customer’s order within the limits of available stocks only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products’ offer and their prices is specified on the product sales pages, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted under the present conditions are only to the physical person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. Refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 – CLAUSE OF RESERVE OF PROPERTY
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – TERMS OF DELIVERY
The products are delivered to the delivery address that was indicated when ordering and the time indicated. When the Customer orders several products at the same time, they may have different delivery times that are delivered in different ways. The Seller recalls that at the moment when the Customer physically possesses the products, the risk of loss or damage of the products is transferred to him.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card or Paypal. Secure online payment by credit card is made by our payment provider. The transmitted information is encrypted in the state of the art and can not be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after checking the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
ARTICLE 10 – WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, « the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except , where applicable, return fees. « The period mentioned in the preceding paragraph runs from the receipt for goods or the acceptance of the offer for the provision of services ». The right of withdrawal can be exercised by contacting the Company by email or telephone. In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the return costs will be borne by the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions …) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
ARTICLE 11 – GUARANTEES
According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. The refund request must be made by contacting the Sender by email or by simple letter. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the property to act with the Seller – he can choose between the replacement and repair of the property subject to the conditions provided by the provisions above. apparently defective or not corresponding – that it is exempted to prove the existence of the lack of conformity of the good during the six months following the delivery of the good. – that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).
ARTICLE 12 – CLAIMS
If necessary, the Buyer may submit any complaint by contacting the company by email or by simple letter. If the parcel doesn’t reach its destination (due to an issue with one of our delivery partner : Mondial Relay, Colissmo, Chornopost), Le Coq Gourmet undertakes to return a package within 5 weeks. Indeed, the delivery partner has one month to trace the package and send it again to the recipient. From the moment they fill the case and don’t get their hands on it, Le Coq Gourmet sends a new package.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – NULLITY AND AMENDMENT OF THE CONTRACT
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
ARTICLE 16 – GDPR AND PROTECTION OF PERSONAL DATA
In accordance with the European regulation on the protection of personal data, you have the right to query, access, modify, oppose and correct your personal data. By adhering to these terms and conditions of sale, you consent to us collecting and using this data for the performance of this contract.
ARTICLE 17 – APPLICABLE LAW
All clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.