General Conditions of Sale

1 - PREAMBLE

1.1.These General Terms and Conditions of Sale (hereinafter "GTCS") govern the online sale of the products of the company Première Matière, a Simplified Joint Stock Company with a capital of €175 000, registered in the Register of Commerce and Companies of Lyon under number 75068108200061, whose registered office is 900 Boulevard Denis Papin, 11000 Carcassonne (hereinafter referred to as “the Seller”) to any buyer customer.

The Seller and the Client are hereinafter collectively referred to as the "Parties" or individually as the "Party."

 

1.1. Seller's Activity

The Seller is a specialist in the production and marketing of olive oils, as well as in olive cultivation consulting. The Products (as defined in Article 2 of the General Terms and Conditions of Sale) are sold in various sizes, either individually or as part of a "pack," through the Seller's online store, accessible at the following address: https://www.alexismunoz.com/ (hereinafter referred to as the "Site").

1.2.      Scope of Application

The General Terms and Conditions of Sale (CGV) are binding contractual provisions that define the terms under which the Seller markets and distributes the Products to the Clients. They are the only contractual provisions applicable between the Seller and the Client. No specific condition, nor any other general purchasing terms from the Client, may override the CGV without the express written consent of the Seller. Documents such as advertisements, brochures, or catalogs have merely indicative value and are not enforceable against the Seller.

The CGV apply without restriction or reservation to all contracts concluded between the Seller and the Client, unless expressly agreed otherwise in writing between the Parties. Therefore, any condition set by the Client will not be enforceable against the Seller, unless expressly accepted by the Seller, regardless of when the condition was brought to the Seller’s attention.

The CGV are always provided to the Client before placing an order (as defined in the "Order" section of the CGV). The Client acknowledges having read the CGV before placing an order. The validation of the order will constitute full and unconditional acceptance of the CGV by the Client.

As the CGV may be modified at any time, the applicable CGV are those in force at the time the order is placed.

The CGV apply to Metropolitan France and the Principality of Monaco. The products offered on the site are not intended for resale.

1.3.      Pre-contractual Information

In accordance with Article L.221-5 of the French Consumer Code, the Client acknowledges having been informed, prior to the validation of the order, in a clear and comprehensible manner, of the CGV and all necessary information, including:

- The essential characteristics of the Products, including their various ingredients;
- Specific information regarding the nature of the materials used in the manufacturing of the Products;
- The total price (including taxes) of the Products;
- The delivery time for the Products;

The Seller also provides additional information to the Client, including details regarding the various certifications and standards to which the Products are certified, in order to guarantee a high level of protection for the Clients.

2 - PRODUCTS

For the purposes of the CGV, the term "Product" refers to the items presented on the Seller's website, intended for Clients, accompanied by a description that allows Clients to know their essential characteristics, price, and delivery time.

The Seller reserves the right to freely modify, at any time and without prior notice, the range of Products sold as part of its activity.

3 - ORDER

3.1. Order Placement Process

3.1.1 The order of Products (hereinafter referred to as the "Order") must be placed via the internet on the Seller's Site. Placing an Order requires the Client to express their free and informed consent to the Seller, which is done through their express acceptance of these General Terms and Conditions of Sale (CGV).

The Client must select the desired Products and add them to their cart. Once all the desired Products have been selected, the Client confirms the contents of their cart and proceeds with the Order.

3.1.2 If the Client has a personal account on the Site, they can log in to the designated section of the Site by entering their email address and password before proceeding with the Order.

If the Client does not have a personal account, they will have the option to create one during the Order process by completing the online registration form and filling in all the mandatory fields indicated. In this context, the Client declares and guarantees that all information provided to the Seller is complete, accurate, and precise, and agrees, where necessary, to update this information to ensure it remains complete and accurate.

Access to the personal account will allow the Client to track ongoing orders, review the history of previously placed orders, and communicate with the Seller in case of any issues with a Product ordered.

The Client acknowledges and agrees that their identifier (email address) and password are strictly personal and must not be shared with third parties under any circumstances. The Client is solely responsible for any use or actions performed from their account on their personal space. Any Order placed via a personal account is considered to have been placed by the Client whose credentials are associated with that account. If the Client suspects any fraudulent use of their account, they are invited to notify the Seller as soon as possible. The Seller's liability cannot be engaged in the case of fraudulent use of a personal account.

3.1.3 When placing the Order, the Client must declare that they have read and accept the CGV before finalizing it by checking the box "I have read and accept the general terms and conditions of sale and fully agree to them" before proceeding with the payment of the Order.

Once the Client has filled out and verified all the requested information for the Seller, the Client must confirm the order by clicking on "Order" and provide a valid payment method. The Client will then be redirected to a new page containing a summary of the Order, allowing them to verify the contents of the Order before final confirmation.

At this stage, the Seller invites the Client to carefully check the details of the current Order, which particularly includes:

- Information about the Products selected by the Client;
- The Client's personal information;
- The total price including taxes (TTC), along with the payment method entered by the Client.

If, after reviewing the Order summary, the Client agrees with the terms of the Order, they must confirm the payment to definitively validate the Order.

This second click constitutes an electronic signature. This signature is equivalent to acceptance between the Parties, just like a handwritten signature.

Therefore, the payment and validation of the Order by the Client constitutes full and unconditional acceptance of the CGV.

3.1.4 However, the Order becomes final only after full payment of the Order price, in a single payment, by the Client and its acceptance by the Seller, which is confirmed by sending a confirmation email to the Client.

This Order confirmation email includes the amount billed and paid by the Client, the list and quantity of the Products ordered, the delivery time and terms, as well as a link to access the CGV and the standard withdrawal form.

By confirming the Order, the Client acknowledges and agrees that they expressly authorize the Seller to charge their associated bank account using the payment method provided during the Order process. The Order is recorded in the Seller's computerized registers, which are kept on a reliable and durable medium, and will be considered proof of the contractual relationship between the Parties. It is specified that the Seller has signed a distance selling contract with their banking institution. The bank transaction is secure, and under no circumstances does the Seller retain any of the Client's banking information.

In the event that a Product becomes unavailable after the Order is placed, the Seller will inform the Client by email, and the Order will be automatically canceled. The Client's bank account will not be charged.

3.1.5 A summary of the Order information is sent to the Client in PDF format via the Order confirmation email. The Seller commits to delivering the Products within the specified timeframe.

3.1.6 By accepting the CGV, the Client agrees that the invoice for their Order will be made available to them electronically in their customer account.

3.1.7 Notwithstanding the above, the Seller reserves the right not to confirm an Order due to incomplete Client information, disputes related to the payment of a previous Order, or any other failure to comply with the CGV, without the Client being entitled to any compensation for any reason whatsoever.

3.2. Order Modifications

In order to satisfy its customers, the Seller has implemented very short processing and shipping times for Orders. Therefore, once the Order has been validated and the price has been paid, the Client can no longer cancel the Order.

This clause does not prevent the Client from exercising their right of withdrawal under the conditions specified in the "Right of Withdrawal" section of the CGV.

4 - PRICE AND PAYMENT

4.1. Price

4.1.1 The purchase price of the Product is set by the Seller. It is listed in euros, including all taxes (TTC), on the Product description page. These prices are subject to French VAT at the rate of 5.5%, applicable to food products. For information on VAT applicable to deliveries to VAT-registered clients, the Customer is kindly requested to contact the Seller directly via email, mail, or phone. Any changes in VAT will be reflected in the final price of the product.

4.1.2 The price of the Product indicated on the Site is subject to change at any time and without prior notice by the Seller. However, the Product will be billed at the price in effect on the date the Order is placed.

4.1.3 The prices listed on the Site do not include shipping fees. The shipping cost will be validated by the Customer during the Order. For any information regarding these rates, including shipping fees outside mainland France, please contact the Seller. Shipping is free for orders over €60 (TTC) for delivery within France.

4.2. Payment Methods

Payment for the Order is made online immediately by credit card (Visa, MasterCard, and other credit cards) at the time the Order is placed. The amount will be charged to the credit card used by the Customer at the time of Order confirmation, in accordance with the terms described in the "Order" section of these Terms and Conditions.

By confirming the Order, the Customer is obligated to pay the price indicated.

As part of the Order process, the Customer agrees to have all necessary authorizations to use the credit card intended for payment of the Order on the Site.

5 - AVAILABILITY AND DESCRIPTION OF PRODUCTS

5.1 Product offers are valid within the limits of available stock.

If, despite the Seller's vigilance, the Products are unavailable after the Order has been confirmed, the Customer will be informed as soon as possible. The Customer will then have the choice to either request a refund of the amounts paid within fourteen (14) days, or request an exchange of the Products.

5.2 Despite the care taken in describing the Products and their photographic representations, these elements are not contractual and do not engage the Seller's responsibility. The Customer is informed that the characteristics of the Products may change, which will be indicated at the time of Order confirmation.

5.3 The Seller reserves the right to modify the range of Products offered on the Site at any time.

6 - DELIVERY, TERMS, TIMELINES

6.1. Timelines

6.1.1 For deliveries within mainland France, the average delivery time with standard service is 4 to 5 working days maximum (excluding public holidays), starting from the confirmation of the order and receipt of payment.

From December 15 to January 15, the average delivery time is 7 working days due to the increased activity during the holiday season.

For other countries, the delivery time may vary depending on the destination and will be notified to the Customer by the Seller when placing the order.

All orders will be processed from Monday to Friday until 2:00 PM, excluding French public holidays.

6.1.2 The delivery times mentioned above are indicative and will not give rise to any compensation in the event of a delay.

These times begin once the order has been accepted by the Seller and are expressed in working days.

6.1.3 In case of a delay in delivery, the Seller will immediately inform the Customer and communicate a new estimated delivery time.

6.1.4 If the Products have not been delivered within thirty (30) days after the indicated delivery date, for reasons other than force majeure or the Customer’s fault, the Customer may notify the Seller of the cancellation of the sale, in accordance with Article L. 216-6 of the Consumer Code, after giving the Seller a reasonable additional period to deliver, which has not been met by the Seller.

In this case, the resolution will take effect on the day the request is received by the Seller, provided that the Products have not been delivered prior to the receipt of the cancellation request.

6.1.5 The Seller cannot be held liable for loss, damage, error, or failure to deliver due to circumstances beyond its control, which include but are not limited to:

    Acts of force majeure such as earthquakes, cyclones, floods, wars, traffic accidents, embargoes, etc.
    Any defects or particularities related to the nature of the shipment, even if the Seller was aware of them at the time of accepting the order.
    Any act, failure, or negligence by a third party such as the sender, the recipient, customs employees, postal services, or any other involved third party.
    Any act, failure, or negligence by the Customer upon receiving the order.

6.2. Deliveries

6.2.1 Unless otherwise expressly stated, the transport is at the Customer's expense by the carrier chosen by the Seller.

6.2.2 Unless stated otherwise, the Products are shipped from the Seller's premises at ZI La Bouriette, 110 Bis Boulevard Denis Papin, 11000 Carcassonne, and travel at the Seller's risk, notwithstanding the Seller's retention of title clause as described in the "Retention of Title" section of the terms and conditions.

The risk is transferred to the Customer at the moment the Products are physically handed over to the Customer by the carrier chosen by the Seller.

6.2.3 The Seller will prepare and package the products in a closed, sturdy, and appropriate packaging suitable for the content and transportation requirements.

6.2.4 The Customer is responsible for providing accurate and complete information for the recipient’s name and address (e.g., door code, floor, phone number) to ensure normal delivery. The Seller cannot be held responsible for delivery failure due to incorrect or incomplete address information. If the delivery fails due to insufficient or incorrect information, the new delivery will be charged in full to the Customer.

6.2.5 It is the Customer’s responsibility to inspect the package and its contents upon delivery, comparing the quantity and references of the delivered products to the order summary. If any discrepancies are found, the Customer must sign the delivery receipt as acceptance, provided the package is handed over directly by the delivery driver.

Any missing or damaged products must be reported on the delivery receipt in detail and confirmed by a registered letter with acknowledgment of receipt to the Seller within forty-eight (48) working hours following receipt of the package, failing which the claim will not be accepted. The Seller will conduct an investigation with the carrier to determine the cause of the damage and, if necessary, will send a replacement package by another carrier.

If a package arrives damaged, the Customer must refuse it if possible. The carrier will notify the Seller, who will then immediately send a replacement package. The Customer cannot demand a refund for the product or shipping fees if a new package is sent by the Seller.

If the Customer cannot refuse the package and one or more products are damaged, the Customer must contact the Seller at chloe@premierematiere.fr for a replacement of the damaged product(s) under after-sales service. The damaged products may also be refunded if the Customer returns the items to the Seller.

6.2.6 If the Customer or someone else is absent or unable to accept the delivery, the carrier will leave a delivery notice at the delivery address, instructing the Customer to collect the products from the delivery company’s location.

6.2.7 The Seller reserves the right to carry out partial deliveries.

7 - RIGHT OF WITHDRAWAL

7.1. Withdrawal Period

    7.1.1: The customer has 14 days from the receipt of the products to exercise their right to withdraw from the contract, without needing to justify the reason or pay a penalty.
    7.1.2: If the order contains multiple products delivered separately, the withdrawal period begins on the day the last product is received.

7.2. How to Exercise the Right of Withdrawal

    7.2.1: The customer must notify the seller of their intention to withdraw, within the 14-day period, by using the provided withdrawal form or any other clear declaration.
    7.2.2: The products must be returned to the seller within 14 days of the withdrawal notice.
    7.2.3: Products must be returned in their original condition (including packaging, accessories, etc.).
    7.2.4: The customer must include proof of purchase, such as a receipt or delivery note.

7.3. Refunds

    7.3.1: Only the price of the returned products will be refunded, and the customer is responsible for the return shipping costs unless the seller agrees to cover them.
    7.3.2: The refund will be processed within 14 days of the seller being informed of the withdrawal, although the seller may delay the refund until the product is returned or proof of shipment is provided.
    7.3.3: The refund will be made using the same payment method the customer used for the order.

8 - LEGAL WARRANTIES
8.1. Legal Warranty of Conformity

    8.1.1: The Seller guarantees the conformity of the Products to the specifications provided on the Product pages published on the Website, as well as to the information contained in the Order summary sent by email to the Customer, and to the criteria specified in Article L. 217-5 of the French Consumer Code.

The Seller is responsible for any defects in conformity that exist at the time of delivery of the Products and which appear within two (2) years from that date, provided that the Customer was not aware of these defects at the time of contracting. Defects in conformity appearing within this period are, unless proven otherwise, presumed to exist at the time of delivery.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code, with the limitation period beginning on the day the Customer becomes aware of the conformity defect.

    8.1.2: In the event of a defect in conformity, the Customer may request that the Products be brought into conformity by replacement or, if that is not possible, a price reduction or cancellation of the sale, under legal conditions.

It is the Customer's responsibility to request the replacement of the Products from the Seller. The replacement of the Product(s) must occur within a period not exceeding thirty (30) days from the Customer's request.

    8.1.3: If the Seller refuses to replace the Product, the Customer may request a price reduction or cancellation of the sale (unless the defect in conformity is minor).

When the defect in conformity is so severe that it justifies an immediate price reduction or cancellation of the sale, the Customer is not required to request the replacement of the non-conforming Product in advance.

The price reduction is proportional to the difference between the value of the delivered Product and the value of the Product without the conformity defect.

In case of cancellation of the sale, the Customer will be refunded the price paid upon returning the non-conforming Products to the Seller, at the Seller's expense.

The refund will be made upon receipt of the non-conforming Product or proof of its return by the Customer, and at the latest within fourteen (14) days, using the same payment method as the one used by the Customer for the order, unless expressly agreed otherwise, and in any case, without any additional charges.

The above provisions are without prejudice to any potential allocation of damages to the Customer for the harm suffered due to the conformity defect.

8.2. Legal Warranty Against Hidden Defects

    8.2.1: The Seller guarantees the absence of hidden defects in the Product that would render it unfit for its intended use.

In this regard, and in accordance with applicable legal provisions relating to hidden defects in the sold item (Articles 1641 to 1648 of the Civil Code), Products that are unfit for the use the Customer intended will be refunded or exchanged, at the Customer's choice.

    8.2.2: The Customer may invoke a hidden defect for one or more Products within two (2) years from the discovery of the defect, and within a maximum period of five (5) years from the delivery of the Product(s). The Customer must prove that the defect existed at the time of purchase, that it was hidden, and that it made the Product unusable.

8.3. How to Exercise the Warranties

    8.3.1: The action for conformity warranty and the action for the legal warranty against hidden defects must be exercised by the Customer with the Seller via a registered letter with acknowledgment of receipt, accompanied by supporting documents such as the delivery slip, purchase invoice, etc. The Product(s) ordered must be returned by the Customer, including all parts of the Product(s), in packaging suitable for transport.

    8.3.2: Shipping costs will be refunded to the Customer based on the invoiced rate, and the return costs will be covered by the Seller.

    8.3.3: In the event the Customer chooses a refund for the non-conforming or defective Product(s), the refund will be processed using the same payment method as the one used by the Customer for placing the order.

    8.3.4: These warranties apply without prejudice to the right of withdrawal provided in the previous section "Right of Withdrawal."

9 - RESPONSIBILITIES

    9.1: The Seller’s liability shall not be engaged in the event of non-compliance of the Products with standards and regulations that come into force after their delivery, in the case of improper storage, handling, or manipulation of the Products by the Customer or a third party, or if the Products are used under abnormal conditions.

    9.2: The Seller’s liability under the obligations of these General Terms and Conditions (GTC) cannot be engaged if the non-performance of its obligations is due to the action of a third party, even if foreseeable, or due to the fault of the Customer.

    9.3: In any case, the Seller’s liability is limited to the replacement of defective Products or compensation to the Customer up to the price of the Products, for the sole direct harm potentially suffered by the Customer due to the Seller’s actions, and excluding any other compensation.

    9.4: The processing, transformation, or change in the packaging of the Products by the Customer constitutes a waiver of any recourse against the Seller, for any reason.

    9.5: The Customer acknowledges that their use of the Seller’s Website is at their own risk. The Website is provided “as is” and is accessible without any express or implied guarantee of availability or regularity. The Seller shall not be held responsible for any interruption of all or part of the Website, regardless of the cause, duration, or frequency of such interruptions. The Seller reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Website, the services, or the content offered, either temporarily or permanently.

    9.6: The Website has the necessary technology for access and use as of today. However, the presence of potential viruses or other harmful elements, introduced by any means or by any third party, which could alter the Customer's computer systems, cannot be excluded.

10 - RETENTION OF TITLE

The transfer of ownership of any Product is subject to full payment of the price by the Customer, with the payment being deemed to have taken place on the day the amounts are actually received by the Seller.

The above provisions do not prevent the transfer of risks to the Customer upon delivery of the Products by the carrier, including the risk of loss, damage, and harm caused by the Products being shipped.

11 - PERSONAL DATA

11.1: The personal data of Customers that may be collected by the Seller in the course of executing the Order are collected in accordance with the regulations related to the protection of personal data, namely Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 (“GDPR”) and French Law No. 78-17 of January 6, 1978, as amended, related to data processing, files, and freedoms (“LIL”).

11.2: Personal data is only retained for the purposes of managing the business relationship, including the execution of Orders, payment, delivery, and any applicable warranties. The data controller is the Seller. Access to personal data is strictly limited to the Seller’s employees who are authorized to process them due to their job functions. The collected information may be communicated to third parties linked to the Seller by contract for the performance of subcontracted tasks and for the sole purposes specified in these GTC, without the need to obtain the Customer's prior consent.

11.3: The Seller is committed to maintaining the confidentiality and security of the Customer’s personal data and to implementing the necessary technical and organizational measures to achieve this. This obligation also applies to its subcontractors.

11.4: The Customer can exercise their rights to access, rectify, erase, limit processing, transfer their data, and object to processing for legitimate reasons by contacting the data controller at the postal or email address: contact@alexismunoz.com. The Customer may also file a complaint with the competent supervisory authority (in France, the National Commission on Informatics and Liberty – “CNIL”) if they believe the processing carried out by the Seller constitutes a violation of their data rights.

11.5: The Customer’s personal data will be retained for a period of two (2) years from the last interaction with the Seller and will then be archived for the duration of the legal archiving period for the purpose of proving, exercising, or defending a legal right. The data will be deleted by the Seller at the end of this period.

11.6: For more information on how their personal data is processed, the Customer is invited to consult the Seller’s privacy policy, which is available here.

12 - FORCE MAJEURE

In the event of any occurrence beyond the Seller's control preventing or delaying the delivery of the Order, assimilated to a force majeure event under Article 1218 of the Civil Code, such as, but not limited to: riot, war, epidemic, pandemic, administrative measure restricting the freedom of assembly or movement, terrorism, embargo, an event affecting the Seller’s production or packaging (lockout, strike, fire, flooding, equipment failure, accident, etc.), and more generally any unforeseeable event beyond the Seller’s control making it impossible or more costly to manufacture, prepare, store, deliver or fulfill the Order within the stipulated timeframe, the Seller shall have the right to suspend or cancel the affected Order or delay its execution, without any penalties or damages being claimed by the Customer, in accordance with Article 1218 of the Civil Code.

13 - INVALIDITY - SEVERABILITY

If one or more provisions of these GTC are deemed invalid or declared as such by law, regulation, or as a result of a final ruling from a competent court, the other provisions shall remain in full force and effect.

The Seller shall promptly make the necessary modifications while respecting, as much as possible, the spirit of these GTC.

14 - WAIVER

The fact that the Seller or the Customer does not invoke one or more provisions of the GTC shall not be construed as a waiver by either party of the right to invoke such provisions at a later time.

15 - CUSTOMER ACCEPTANCE

These GTC are expressly agreed to and accepted by the Customer, who declares and acknowledges having a perfect understanding of them and thus waives any contradictory documents, including its own general terms and conditions of purchase, which shall be inapplicable to the Seller, even if the Customer is aware of them.

16 - MEDIATION

The Customer is informed of the possibility, under Article L.612-1 of the French Consumer Code, to call upon a consumer mediator for the amicable resolution of any dispute regarding a Product from the Seller.

The Customer is informed that they may call upon the company AME CONSO, a certified consumer mediator notified by the Consumer Mediation Evaluation and Control Commission (CECMC):

    Via the internet by completing the dedicated form available at the following address: https://www.mediationconso-ame.com/demande-de-mediation-ame.html
    Via postal mail: AME Conso, 197 Boulevard Saint-Germain - 75007 PARIS, along with supporting documents and ensuring to provide complete contact information (name, address, phone, and email if applicable) for easy contact.

17 - APPLICABLE LAW - JURISDICTION

The relationships between the Parties are governed by French law.

The Parties agree to submit any disputes related to these GTC, their interpretation, validity, and/or execution, to an attempt at amicable resolution.

The Customer is informed of the possibility of resorting to free mediation procedures, in case of dispute, proposed by the Seller or any other alternative dispute resolution method, in accordance with Articles L.612-1 and L.612-2 of the French Consumer Code.

If the amicable resolution attempt fails after a period of two (2) months from the first notification of the dispute, the dispute will be subject to the jurisdiction of the competent courts, based on the physical location and territory, as determined by the most diligent Party.

Last modification date of the GTC: 28/10/2022