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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 30,000,00 euros, registered in the Register of Commerce and Companies of Lyon under number 75068108200038, whose registered office is 60 avenue Tony Garnier, 69007 LYON (hereinafter referred to as “the Seller”) to any buyer customer.

1.2. These Terms and Conditions are the only contractual provisions applicable between the Seller and a customer. No special conditions or other general conditions issued by the customer may, in the absence of express written acceptance by the Seller, prevail over these GTCS. Documents such as advertising, flyers, or catalogue have only an indicative value and are not transferable to the Seller.

1.3. The customer acknowledges having read these Terms and Conditions before placing an order on the site. The validation of the order shall constitute full acceptance of these General Terms and Conditions.

1.4. As these GVCs may be modified at any time, the applicable T&Cs are those in effect on the date the order is placed.

1.5. The GTCS are applicable for Metropolitan France and in the Principality of Monaco. The products offered on the site are not intended for resale.

2 - ORDER

2.1 Creation of a customer account

Orders are made directly on the site electronically.

Before placing the first order, the customer must create a personal account on the site. This account is strictly personal and the client’s identification must remain confidential. Any order placed via a personal account is considered to be placed by the customer whose identifiers are associated with that account. The customer who suspects fraudulent use of his account is invited to inform Première Matière as soon as possible. The Seller cannot be held liable in the event of fraudulent use of a personal account.

2.2 Payment

The order implies an obligation to purchase at the expense of the customer during the validation of the order. Also, orders not paid will not be delivered.

Payment of the price shall be made in a single payment and in full. The transfer of ownership of the products to the customer takes effect only after full payment of the price (including all taxes and associated additional costs) by the customer. The order implies an obligation to purchase at the expense of the customer during the validation of the order. Also, orders not paid will not be delivered.

Payment for purchases is made online by credit card: French Credit Card, CB-approved cards from the Visa and Mastercard networks. Online payment by credit card is secure and the customer’s personal data is processed in compliance with the applicable provisions.

The currency used for the transaction is the Euro. The amount, debited from the bank card account used, will depend on the price of the Euro on the day of the debit and any foreign exchange charges taken by the bank issuing the card.

2.3 Cancellation of the order

In order to satisfy its customers, the Seller has set up extremely short deadlines for the preparation of orders and shipments. Also, after validating the order and setting the price, the customer is no longer able to cancel the order.

The customer may exercise his right of withdrawal under the conditions referred to in Article 6 of these Terms and Conditions.

2.4 Order confirmation

Once the order is validated by the customer via the "validate" icon, the order is deemed complete.

The customer receives a written confirmation to the email address provided when creating his personal account. The email confirms the order and the payment of the price indicated during the order.

The Seller reserves the right not to confirm an order due to insufficient stock, incomplete customer information, dispute relating to the payment of a previous order or any other breach of the GTCS. The order confirmation email is accompanied by the associated invoice.

For any question relating to the follow-up of an order, the customer can contact the Seller at the following telephone number: +33 (0)4 72 71 23 05.

3 - PRICE

3.1. The prices indicated are in Euros and are expressed TTC (all taxes included), from the Seller’s warehouse located in Lyon (France). They are subject to French VAT at the 5.5% rate applicable to food products. For VAT applicable to deliveries to customers subject to VAT, the customer is kindly requested to contact the Seller directly by email, mail or telephone. Any change in VAT will be reflected in the final price of the product.

3.2. The prices indicated on the site may be revised at any time by the Seller, however the products are invoiced at the price in force on the date of placing the order.

3.3. The prices indicated on the site do not include participation in the delivery costs. The amount of the contribution to the shipping costs is validated by the customer at the time of the order. For all information on these rates, and in particular on shipping costs outside Metropolitan France, contact the Seller.The delivery is free from 45€ of purchase TTC, for a shipment in France.

4 - AVAILABILITY AND DESCRIPTION OF PRODUCTS

4.1. The offers of products and prices of the Seller are valid for the duration of their placing on line, unless otherwise specified at the time of the order confirmation.Indeed, if all the products offered are available in stock, the Seller is not always able to ensure this availability, and this given the specificity of the products offered. Supply is therefore limited to available stocks.

If, despite the vigilance of the Seller, the items are unavailable after the confirmation of an order, the customer will be informed as soon as possible. The customer will then have the choice to request either the refund of the amounts paid within 30 days, or the exchange of the product.

4.2. Despite the care taken in the description of the products and their photo representations, these elements have no contractual character and do not bind the Seller. The customer is informed that the characteristics of the products can be modified, which will be indicated at the time of confirmation of the order.

4.3. The Seller reserves the right to modify the assortment of products offered on the site at any time.

5 - DELIVERY

5.1. The packages are prepared and packaged by the Seller in a closed, resistant packaging, suitable for the contents and requirements of the transport.

5.2. THE CUSTOMER IS RESPONSIBLE FOR THE INFORMATION RELATING TO THE NAME AND ADDRESS OF THE RECIPIENT, WHICH MUST BE SPECIFIED, EXACT AND COMPLETE (DOOR CODE, FLOOR, TELEPHONE, ...)in order to allow delivery under normal conditions. The Seller cannot be held responsible for a return of delivery due to an error of address or inability to deliver to the indicated address. IF THE RETURN OF DELIVERY OR INABILITY TO DELIVER IS DUE TO A LACK OF INFORMATION OR ADDRESS ERROR, THE RE-DELIVERY WILL BE INVOICED IN FULL TO THE CUSTOMER.

5.3. The Seller agrees to process and route the order to the agreed destination, according to the route, procedure and carrier he chooses. He insures the goods to the place of delivery. It is the responsibility of the recipient to check in the presence of the deliveryman the state of the packaging and the contents of the package or packages at the time of delivery, to reconcile the quantity and references delivered with the purchase order. The signature of the delivery receipt will imply acceptance of the customer.

5.4. Any anomaly, missing product or damage occurring during the delivery must be indicated on the delivery note in the form of detailed reservations and confirmed by registered letter with acknowledgement of receipt addressed to the carrier with a copy to the Seller within 48 hours after receipt of the package, OTHERWISE THE CLAIM CANNOT BE ACCEPTED.

If a package arrives at the damaged recipient (breakage), the recipient must refuse the package. The carrier will inform the Seller. Upon receipt of this information, the Seller undertakes to forward an identical parcel to the recipient immediately. Under no circumstances may the customer require the refund of the product and the packages shipping.

5.5. In the event of the absence of the consignee or of a person who cannot take possession of the products at the time of delivery, the carrier shall place a transit notice at the delivery address indicated by the customer, inviting the customer to pick up his products at the address of the delivery company. In no case can the Seller be held responsible for any deterioration of the products in case of late withdrawal of the products from the carrier, or failure to withdraw the products by the customer.

5.6. Delivery time:

For deliveries in Metropolitan France, the average time in standard service is 4 to 5 working days maximum (excluding public holidays), from the confirmation of the order and receipt of payment.

From 15 December to 15 January, the average delivery time is 7 working days, due to extra activity during the holidays.

For the other countries, the delivery time varies according to the destination, and will be notified by the Seller to the customer when ordering.

All orders placed will be processed from Monday to Friday until 14:00, excluding French public holidays.

The Seller shall make his best efforts to have the shipment delivered in accordance with the delivery times indicated above. His liability may not be incurred for a delay of delivery and will in no case entail the payment of compensation for delay and/or damages on his part. In case of delay exceeding the deadline of thirty (30) days from the date of the order, the customer may obtain the refund of his order, which will take place within thirty days following the request for refund.

Seller shall not be liable for any loss, damage, error or failure to deliver a shipment if circumstances beyond its control are established. "Circumstances beyond his control", mostly meaning:

  • accidental or force majeure cases, namely: earthquakes, cyclones, storms, floods, wars, road, train and plane accidents, embargoes...
  • any defects or peculiarities related to the nature of the shipment even though it would have been known to the Seller at the time of acceptance of the order,
  • any act, omission or negligence of any third party, for example: the sender, the recipient, any interested third party, any customs or other administration employee, the postal services, any carrier or other third party to whom the shipment would be entrusted by the transport provider, to serve areas not directly served by itself, even if the shipper had not requested or been informed of the use of a third party.

6 - RETURN : MONEY-BACK GUARANTEE

6.1. If, despite all the care taken to value our production, the product purchased does not give complete satisfaction, the customer can return it. In fact, the customer has a period of fourteen (14) working days from receipt of his purchase to withdraw without having to justify reasons or pay penalties (Article L 221-18 of the French Consumer Code). If this deadline expires on a public holiday, it is extended until the next business day.

6.2. Only the return of a complete order, in perfect condition, in its original packaging, accompanied by the invoice will be accepted.

6.3. This return will be made by post or by carrier at the customer’s expense.

6.4. The refund of the order price, with the exception of the return costs, will be made in the form of a bank transfer, within fourteen (14) days from the date of receipt by the Seller, subject to compliance with the above conditions.

Download the retraction form

7 - NON CONFORMITÉS

7.1. Any claim for non-conformity of the products or with respect to the order (except for defects related to transport and defects covered by the guarantee of hidden defects) must be notified in writing within a maximum of 48 hours after receipt, to the Seller’s customer service, either at the above address, or by email in the «Contact» section. After this period, no claim will be taken into account, except in the case mentioned below.

7.2. This complaint must be justified and accompanied by the proof of the damage suffered (order form, photo of the delivered products...). After the analysis and formal acceptance of the claim by the Seller, the customer may return the products in their original packaging and choose between the refund of his order or free replacement to the exclusion of any other indemnity or damages, as well as reimbursement of costs incurred for the return (limited to the normal shipping rate).

7.3. In any case, the customer benefits from the legal guarantee of the hidden defects provided by articles 1625 and following of the Civil Code.

8 – LIABILITY

8.1. The seller declines all responsibility for damages of any kind, resulting in particular from the use of the site or the order and in particular any loss of income, commercial damage, or loss of exploitation or data.

8.2. The customer acknowledges that his use of the site is at his own risk. The Site is provided to it "as is" and is accessible without any explicit or implicit guarantee of availability and regularity. The Seller may under no circumstances be held liable due to an interruption of all or part of the site whatever the reason, duration or frequency of the interruption. The Seller reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the site, the services or contents offered and this provisionally or definitively.

8.3. The site has the technology necessary to date for its access and use, however the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which can produce alterations in the customer’s computer systems cannot be excluded.

8.4. The Seller’s liability under the obligations of these Terms and Conditions cannot be incurred in the event that the non-performance of its obligations is attributable to a third party even if it is foreseeable or the fault of the customer. In the event that the liability of the Seller should be established and retained due to damage suffered by the Customer exclusively by the Seller, this is limited to the amount of the order paid by the Customer to the Seller.

9 - PERSONAL DATA

9.1. The Seller processes the personal data of customers in accordance with the regulations relating to the protection of personal data, i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and the amended Law No. 78-17 of 6 January 1978 on data processing, files and liberties.

9.2. The personal data of the customers are processed for the sole purpose of managing the commercial relationship, including the order, the personal account, the payment and the delivery. The personal data of the customers may be communicated and processed by the partners and subcontractors of the Seller solely for the purposes provided for in these Terms and Conditions.

9.3. The seller undertakes to preserve the confidentiality and security of the personal data of the customers and to put in place the technical and organizational measures to achieve this. This obligation also rests with its subcontractors.

9.4. The customer may at any time exercise his rights of access, rectification, opposition, deletion, limitation of processing and portability of the Data by writing to contact@alexismunoz.com and may exercise its right to lodge a complaint with the competent supervisory authority (in France, the Commission Nationale de l'Informatique et des Libertés – the “CNIL”).

9.5. The personal data of the customers are kept for a period of two years from the last exchanges with the Seller and then archived for five years (legal period necessary to establish and defend a right in court).

9.6. For more information on the processing of personal data, the customer is invited to consult the privacy policy of Première Matière accessible here.

10 - APPLICABLE LAW – SETTLEMENT OF DISPUTES

Relations between the parties are governed by French law.

In the event of a dispute or dispute, the customer will first contact the Seller to obtain an amicable solution. Failing this, disputes will be brought before the competent French courts.

11 - SEVERABILITY

If one or more stipulations of these Terms and Conditions are held to be invalid or declared as such under a law, regulation or following a final decision of a competent court, the other stipulations shall retain their full force and effect.

12 -WAIVER

The fact that the Seller or the customer does not avail himself of one or more stipulations of the GTCS may in no case imply the renunciation by either one to avail himself of it later.

13 - FORCE MAJEURE

The Seller’s liability may not be implemented if the non-performance or delay in the performance of one of its obligations described in these Terms and Conditions would have as an exclusive cause an event constituting force majeure.

A force majeure event is an event beyond the control of the parties as defined by Article 1218 of the Civil Code, that is to say, unpredictable and irresistible, such as (but without this list being exhaustive), natural disaster, strike, social unrest and riots, embargo, war, lockout, unavailability of means of transport etc.

Last date of modification of the GTCS : 01/12/2020.