Terms of sales
SAS with capital of: 152,500 euros
Head office: L'amandoria-Fontgrave - 40 rue Henri Lacroix-26740 MONTBOUCHER Sur JABRON
Telephone number .+33 (0)4-90-64-00-23./ +33 (0)4-75-53-09-21
Email: infos@nougat-boyer.fr
RCS 413 750 241 00056 of 01/09/1995 in VALENCE.
Intracommunity VAT: FR 3241370241
General conditions of sale for products sold on: www.nougat-boyer.fr
Date of last update: 11/18/2015
Article 1 - Object
The contract resulting from the Customer's actual order is subject to the regulations on distance selling, as resulting from the legislative and regulatory provisions in force in France, as well as the provisions set out below.
Product presentation
The Seller presents on its Site the products and services as well as their detailed descriptions allowing the Customer to know, before placing the final order, their essential characteristics.
Product illustration and photography
The Customer is informed that the descriptions, Product sheets, engravings, advertising descriptions and photographs do not fall within the contractual scope and only constitute a presentation of the Products for information purposes
Article 2 - Price
the prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the jurisdiction of the company COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER. They will be your responsibility and are your entire responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
All orders regardless of their origin are payable in euros.
The company COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.
The products remain the property of COMPAGNIE D’ANCONE/ NOUGATANDRE BOYER until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
you can order:
Detail the methods chosen, for example:
• On our website t: www.nougat-boyer.fr
• By email: infos@nougat-boyer.fr
• By telephone at: +33 (0)4-90-64-00-23
The contractual information is presented in French and will be confirmed at the latest when your order is validated.
The company COMPAGNIE D'ANCONE/ NOUGAT ANDRE BOYER reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty regarding the order received.
Article 4 - Order's validation
Any order appearing on the website: www.nougat-boyer.fr assumes adherence to these General Conditions. Any order confirmation implies your full and complete acceptance of these general conditions of sale, without exception or reservation.
All the data provided, and the recorded confirmation will constitute proof of the transaction.
You declare that you have perfect knowledge of it.
The order confirmation will constitute signature and acceptance of the operations carried out.
Article 5 - Payment
The fact of validating your order implies for you the obligation to pay the price indicated.
Payment for your purchases is made by credit card using the secure UpToPay system
Article 6 - Retractation
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty.
Returns must be made in their original condition and complete (undamaged packaging). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to frustrate the right of withdrawal.
Return costs are the responsibility of the customer.
In the event of exercising the right of withdrawal, the company COMPAGNIE D'ANCONE/NOUGAT ANDRE BOYER will reimburse the sums paid, within 14 days following notification of your request and via the same means of payment as that used during of the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
• The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
• The supply of goods made to the consumer's specifications or clearly personalized.
• The supply of goods likely to deteriorate or expire quickly.
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
• The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
•The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional.
.
Article 7- Availability
Our products are offered as long as they are visible on the site: www.nougat-boyer.fr and while stocks last. For non-stocked products, our offers are valid subject to availability from our suppliers.
If a product is unavailable after placing your order, we will inform you by email. Your order will be automatically canceled and no bank debit will be made.
Article 8 - Delivery
Delivery delay
Shipping takes place from Monday to Friday, home delivery is by Colissimo. Delivery is made from Monday to Saturday, to the address provided by the Customer when ordering. The package is delivered without signature to the Customer's postal box.
Prices
Delivery costs are the responsibility of the Customer, and are communicated to the Customer before any order confirmation.
Reception
Upon delivery, the Customer must carry out an examination of the physical condition of the package delivered as well as an examination of its contents, in the presence of the carrier.
The delivery date corresponds to the date and time of delivery or first effective presentation at the delivery address indicated by the Customer in the order form or provision at the collection store.
The transfer of risks occurs upon delivery, at the time of delivery of the products to the delivery address provided by the Customer or at the time of collection of the package from the Post Office or relay point.
An identity document or any other necessary proof may be required upon delivery or collection of the package.
At the time of delivery, the Customer or any third party to whom he has authorized to receive the goods, will formalize his acceptance by signing the delivery receipt which will be presented to him and on which any comments that appear necessary can be made.
The signature by the Customer or any person authorized by him for this purpose of said delivery note confirms receipt of the order, its contents and the number of associated packages indicated on the delivery note as well as the good condition of the packages.
Any anomaly noted must be the subject of handwritten reservations entered on the carrier's delivery slip. Reservations must be clear and detailed, dated and signed by the Customer to avoid any dispute. No complaints can be registered in the absence of reservations made upon delivery. The Client must inform Maison André Boyer within two working days of any incidents encountered and the steps they have taken.
Article 9 - Guarantee
André Boyer guarantees the Customer that the Products are manufactured and packaged according to strict quality rules, and stored in accordance with the standards in force in France.
All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
All complaints, requests for exchange or refund must be made by email or post within 30 days of delivery.
The products must be returned to us in the condition in which you received them with all the elements (product packaging). Shipping costs will be reimbursed to you on the basis of the price invoiced and return costs will be reimbursed upon presentation of supporting documents.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
André Boyer cannot guarantee the quality of its Products if the Customer has not respected optimum conservation conditions, or if the Customer has consumed products beyond the expiration date indicated on the packaging.
Article 10 - Responsibility
The products offered comply with current French legislation. COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.
Furthermore, the company COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER cannot be held responsible and cannot under any circumstances be held responsible also in the event of:
• Fraudulent use of the Site or connection identifiers by the Customer;
• Interruption of the Site;
• Force majeure within the meaning of article 1218 of the Civil Code preventing it from executing the obligations contained in these General Conditions of Sale.
Finally, the company COMPAGNIE D'ANCONE/NOUGAT ANDRE BOYER cannot be held responsible for any inconveniences or damages inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Article 11 - Law applicable in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Furthermore, in accordance with article L.616-2 of the Consumer Code, André Boyer informs the Customer of the existence of an online dispute resolution platform set up by the European Commission. The purpose of this platform is to collect any complaints arising from online purchases from European consumers and then transmit the cases received to the competent national mediators. This link is accessible here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
Article 12 - Intellectual property
All elements of the site: www.nougat-boyer.fr are and remain the intellectual and exclusive property of the company: COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of the company COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER.
Article 13 - Personal Data
The company: COMPAGNIE D’ANCONE /NOUGAT ANDRE BOYER reserves the right to collect nominative information and personal data concerning you. They are necessary to manage your order, as well as to improve the services and information we send to you.
They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.
Maison André Boyer has implemented a strict policy surrounding the personal data of its Customers, this policy and its commitments are available in the legal notices
Article 14 - Archiving Proof
The company: COMPAGNIE D'ANCONE / NOUGAT ANDRE BOYER will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized records of the company: COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER will be considered by all parties concerned as proof of communications, orders, payments, and transactions between the parties.
Article 15 - Integrity
André Boyer has implemented a strict policy surrounding the personal data of its Customers, this policy and its commitments are available in the legal notices
If one of the clauses of these general conditions were to be declared null by a court decision, this nullity cannot entail the nullity of all the other clauses, which would continue to have their effect.