General Conditions of Sale

GENERAL CONDITIONS OF SALE
ALEXIS MUÑOZ
RAW MATERIALS SAS

1) PREAMBLE

1.1 These general conditions of sale govern the online sales of the company Raw Materials, a Simplified Single Share-Holder Company with a capital of 30,000 euros, registered in the Montpellier Trade and Companies Registry under the number 75068108200012, whose headquarters is sis 38 voie des barons de Caravètes, 34980 MURLES, hereafter designated as “The Vendor,” for every client residing in Europe.

1.2 The client acknowledges having read and understood the following General Conditions of Sale, which he will be able to keep.
The Validation of the order will have full and entire worth of the following terms and conditions.

1.3 No particular condition, nor any general condition issuing from the client may, without express agreement by the vendor, override the present terms and conditions.

  • The present General Conditions of Sale that may be subject to modifications, the applicable conditions are those in force at the time that the order is placed.

 

2) PLACEMENT OF ORDERS

2.2 The client issues and verifies his order directly on the site electronically.

2.3 The Vendor reserves the right to reject any order due to insufficient stock, incomplete client information, litigation relating to payment of a previous order or any other legal reason.

2.4 In order to satisfy his clients, the Vendor has put extremely short deadlines into effect for order preparation and delivery. A cancelation by the latter, after an order is made, for any reason whatsoever, is therefore not possible.

2.5 The client should print out his receipt of order once completed and keep it with him for written proof. The act of clicking on “confirm” associated with the authentification, non-repudiation-and-protection-of-integrality-in-computer-systems procedures of the Vendor constitutes an electronic signature. This electronic signature has the same legal value, between the parties, as a handwritten signature. The computerized registries of the Vendor are preserved within reasonable conditions of security and will be considered as proof of communication, order and payment between the parties.

3) PRICE

3.1 The prices indicated on the receipt of order are in Euros (all charges included), at the Vendor warehouse situated in Avignon, France. They are subject to French TVA charges (Value Added Tax) at the rate of 5.5% applicable to food products.
For the TVA (Value Added Tax) applicable to deliveries to clients subject to the TVA, the client is asked to kindly contact the Vendor.

3.2 The general prices may be changed by the Vendor at any moment, the products being invoiced at the price in use at the time of the order validation.

3.3 Participation in the shipping fees is additional. The amount of the participation in the shipping charges is validated by the client at the time the order is placed.
For all information on general prices, and particularly on shipping charges outside of metropolitan France, contact the Vendor.

4) ORDER PAYMENT

4.1 Payment of purchases shall be made online by credit card: French Carte Bleue, approved CB cards of Visa or Mastercard networks.

4.2 Secured online payment by credit card is done in a secure environment. All indispensible personal information needed to place an order transmitted directly to PayPal to carry out this authorization, without passing through the Vendor’s central server and dispositions relating to fraudulent use of payment by credit card are applied.

4.3 The currency used is the Euro. The amount, debited from the account of the credit card used shall depend on the Euro on the day of the debit and any eventual exchange charges levied by the issuing bank of the credit card.

4.4 The price of the products is payable in cash the day of the confirmation of the order of the buyer, date at which the debit from the credit card will be made. Purchase orders awaiting payment will not be delivered.

4.5 The transfer of property of products to client shall not take effect until after complete payment by him.

4.6 The invoice corresponding to the order made on the site shall be sent to the client upon request made to the Vendor.

5) AVAILABILITY AND DESCRIPTION OF PRODUCTS

5.1 Products and prices offered by the Vendor are valid for the duration of their placement online, except where contrary indication is made at the time of the confirmation of the order. If the totality of the products proposed is in stock the Vendor is nevertheless not always able to ensure this availability, and the accounting for the specificity of the products proposed. The offer therefore is limited to the stocks available.
If, in spite of the vigilance on the part of the Vendor, the articles are not available after the confirmation of the order, the client will be informed a    s soon as possible. The client will then have the choice either to be reimbursed for the amount within 30 days, or the exchange of the product.

5.2 Despite the attention given to the description of products and their representation through photographs, their characteristics may be subject to change, which will be indicated at the time of the order.

6) DELIVERY

6.1 The packages are prepared and conditioned by the Vendor in closed and resistant packaging appropriate for the contents and the demands of transport.

6.2 THE CLIENT IS RESPONSIBLE FOR ANY INFORMATION RELATING TO THE NAME AND ADDRESS OF THE ADDRESSEE, WHICH MUST BE PRECISE, EXACT AND COMPLETE (DOOR CODE, FLOOR, TELEPHONE,…) in order to allow for a delivery in normal conditions. The Vendor will not be accountable for a delivery return due to an address error or an impossibility to make a delivery to the indicated address. IF THE RETURN OF A DELIVERY OR THE IMPOSSIBILITY TO MAKE A DELIVERY TAKES PLACE DUE TO A LACK OF INFORMATION OR AN ADDRESS ERROR, THE RE-DELIVERY IN ITS TOTALITY SHALL BE BILLED TO THE CLIENT.

6.3 The Vendor agrees to treat and process the order up to its arrival at the agreed destination, according to the transport, the procedure and mode of shipping that he will have chosen. He assures the merchandise up to the delivery destination. It behooves the addressee to verify the state of the packaging as well as the contents of the package upon its delivery in the presence of the carrier, to compare the quantity and references delivered to the order receipt. The signature on the delivery receipt will be equivalent to acceptance by the client. 

6.4 Any anomaly, missing product or damage sustained during delivery should be noted on the delivery order in the form of detailed and confirmed reserve via a registered letter with acknowledgment of receipt addressed to the transporter with a copy for the Vendor within 48 working hours after receipt of the order, FAILING WHICH A CLAIM WILL NOT BE ACCEPTED.
If a package arrives to the addressee damaged (broken), the addressee should refuse it. The transporter will undertake to inform the Vendor. Upon receiving this information, the Vendor shall undertake to resend an identical package to the addressee. Under no circumstances can the client demand a refund of the product and delivery charges.

6.5 In the event of the addressee’s absence or of the presence of someone not able to take possession of the products at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the client, inviting the client to collect his goods at the business address of the carrier. Under no circumstances will the Vendor be held responsible for the deterioration of products due to late retrieval from the carrier or failure by the client to retrieve the product.

6.6 Delivery Times
For delivery within metropolitan France, the average time of standard delivery is seventy two (72) working hours (not including weekends and holidays), beginning with confirmation of the order and receipt of payment.
 From the 15th of December to the 1st of January the average delivery time is five (5) working days, because of the additional activity during the Christmas and New-Year holidays.
For all other countries the delivery time varies depending on the destination and will be notified to the client at the time of order.
All orders made will be processed from Monday to Friday until 2:00, not including French Holidays.
The Vendor shall make every effort to deliver the shipment     according to the delivery times indicated above. His liability may not be involved for any delay in delivery and shall not result in any delay payments or interest payments. In the event of a delay exceeding thirty (30) days beginning on the day of the order, the client shall be able to receive the refund of his order, which shall occur within thirty days of the request for refund.
The Vendor will not be held responsible for any loss, damage or error resulting from a delivery sent once it has been established that circumstances beyond his control. By “circumstances beyond his control” must be understood notably:
Fortuitous events or force majeur, among which notably: earthquakes, cyclones, storms, floods, wars, road accidents, plain or train accidents, embargos…
Any shortcoming or limitation linked to the shipment, even when known to the Vendor at the time of the placement of the order,
 any act, shortcoming or negligence by any third party, for example: the sender, addressee, any interested third party, any customs or any other administrative employee, the postal service, any carrier or any other third party to whom the shipment may be conferred by the shipping provider, in order to reach areas not normally reached by his service, and this even when the sender is not notified of involvement by a third party.

7) SATISFIED OR MONEY BACK

7.1 If, in spite of all the care taken to enhance our production, the product purchased does not give full satisfaction, the client may return it. The client has 7 working days beginning on the day of the receipt of his purchase to withdraw without having to give any justification or pay any penalty (article L-121-20 under the Consumer Code). If this period falls on a weekend or holiday, it will be extended until the next working day.

7.2 Only the return of complete orders in their original packaging, in perfect condition, accompanied by the bill will be accepted.

7.3 The return shall be sent by post or selected carrier at the client’s own cost.

7.4 The refund of the price of the order, excluding shipping charges, shall be made in the form of a check sent to the address stipulated on the order receipt, within thirty (30) days beginning on the date of receipt by the Vendor, provided accordance with the conditions here set out.

8) NON-CONFORMITIES- RETURNS

8.1 All claims for non-conformity of products or connected with the order (excluding anomalies linked to transport or any shortcoming covered by the hidden defects guaranty) should be notified in writing within a maximum delay of 48 hours after receipt, to the Vendor’s client services, or to the address above, or by email under “Contact.” Once this time period has elapsed no claim will be taken into account, excepting cases described above.

8.2 This claim should be accompanied by written proof of the harm endured (order receipt along with photos of the products delivered…) After analysis of the formal acceptance of the claim by the Vendor, the client will be able to return the products in their original packaging and choose between refund or free replacement excluding any other indemnity or interest, as well as obtain the refund for fees associated with the return (limited to the normal return shipping fee).

8.3 In any event, the client shall benefit from the legal hidden defects guaranty provided for by the articles 1625 in accord with the Civil Code.

9) PERSONAL DATA COLLECTION

According to the provisions of the law n° 78-17 of January, 6th 1978, the website www.alexismunoz.com is subject to a declaration to the CNIL, The French Data Protection Authority, Pursuant to the law on Data Processing and Liberty, the information demanded of the client are indispensable for the processing of his order and are for the Vendor’s services.
The client has right of access, of modification, rectification or suppression of his personal data. Through the intermediary of the Vendor, the client may be brought to receive proposals from other companies. If the client does not wish to receive such proposals, he only needs to write the Vendor, indicating his surname, first name, address and eventual client number.
The exercise of these rights should be made to:

     
  • By mail to PREMIERE MATIERE SAS- 38 voie des barons de Caravètes – 34980 Murles-France
  • By email to contact@alexismunow.com

10) GOVERNING LAW AND JURISDICTION

The relation between the parties is governed by French law.
In the event of a dispute or contestation, the client should first contact the vendor for an amenable solution.  Failing this, disputes will be brought before the appropriate French tribunals.