Article 1: Purpose
The present Terms of business are intended to define the contractual relationship, the rights and obligations between:
• The company DEFROIDMONT, a French stock company (Société par Actions Simplifiée) with share capital of 298 350,00 euros and registered with the Trade and Companies Registry of Valenciennes under the number 313 003 295 and the VAT number FR 39 313 003 295. Head office located at 159 Grand Rue, 59550 MAROILLES.
Company offering products for sale on the Website operated by it : www.defroidmont.fr.
• And any individual or corporation who places an order on the website, hereinafter referred to as "the Customer".
DEFROIDMONT and the Customer all agree that these terms of business exclusively govern their relations.
These present General Terms of Business form the basis of trade negotiations, for internet users, persons who have not placed an order.
DEFROIDMONT reserves the right to modify at any time these General Terms of Business, the applicable conditions are those that were effective at the time when the Customer placed his order.
Article 2: Scope
These General Terms of Business apply only to orders placed on the Website : www.defroidmont.fr for products delivered and invoiced in France (excluding Corsica), Belgium and abroad if applicable.
Ordering products through the website : www.defroidmont.fr implies the unquestionable acceptance by both parties of these General Terms of business. Consequently, any order placed by the Customer will be validated definitively only after his acceptance, without limitation or qualification, of these General Terms of Business.
These General Terms of Business will prevail over all other conditions contained in any other document, unless it exists a prior express written derogation.
Article 3: Order
Customer, individual, declares to be at least 18 years old and to have full legal capacity to make an order on the www.defroidmont.fr website.
When ordering alcoholic beverages, Customer agrees to be a full 18 years of age on the date of the order. Indeed the Article L3342-1 of the Public Health Code, forbids the sale of alcohol to minors.
Customer may order:
• On the website: www.defroidmont.fr
• By phone at the +33(0)3 27 84 65 65 (Cost of a call to metropolitan France)
1. Placing the order:
The Customer selects and places in his basket the products he wishes to order. During the selection the Customer chooses the desired quantity of products.
The customer is free to choose the number of product he wishes to put in his basket. *
To place an order, the Customer must go to the menu "My Cart" in which he checks the references and quantities of products he would like to purchase, in order to validate his basket.
Then the Customer must identify himself on the website : www.defroidmont.fr, if he is not yet.
New Customers are invited to register on the website www.defroidmont.fr to place their order.
New Customer Registration:
To register the new Customer must complete the online registration form. In this form the Customer must enter a username (email address) and a password, the symbol (*) represents the required fields to fill in to identify the Customer.
By creating his account, the Customer agrees with the data conservation policy presented in the legal notices and the General Terms of Business of the company DEFROIDMONT.
In case of password loss the Customer can click at any time on the "forgot password" button so that the necessary steps to reuse his account can be implemented.
Once the basket validated the Customer will have access to the page summarizing all the products, quantities, prices, total price (with and without VAT), taxes and he will be able to choose between the carriers proposed by DEFROIDMONT.
Once the carrier chosen the Customer shall confirm his order. The website will show him the total amount paid including the postage.
The Customer can find at any time our data conservation policy in our Legal notices at: http://boutique.defroidmont.fr/en/content/2-legal-notice
2. Validation of the order:
The automatic registration systems are considered as proof of the nature, content and date of the order.
The Customer declares to have read and accepted these General Terms of Business before placing the order. Validation is acceptance of these General Terms of Business.
Once the order is confirmed DEFROIDMONT communicates to the Customer, via the email address entered by the Customer, the acknowledgment of the order.
Contractual informations are presented in English and will be all confirmed at the time of validation of the order by the Customer.
In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when the Customer clicks on the button to confirm the order, after viewing the details of it, especially the total price, and has had the opportunity to correct possible errors.
DEFROIDMONT confirms the acceptance of the Customer purchase order at the email address he has given. The sale will be concluded only after sending the said order confirmation. This final step therefore formalizes the sales contract with DEFROIDMONT.
DEFROIDMONT reserves the right to refuse or cancel any order from a Customer in particular in case of insolvency of that customer or in the event of a default on the order concerned or a previous delivery or a litigation concerning the payment of a previous order.
The mentions indicated by the Customer when entering informations about his order commit himself. DEFROIDMONT can not be held responsible for errors made by the Customer in the description of the address and phone number of the addressee of the order or for the delivery delays and inability to deliver the package that these errors could cause.
- The total cost of the order, including the postage, is communicated (by posting on the Website) to the Customer before he validates his order.
- Every registered Customer can track the status of an order, via the carrier modules, by consulting his account or he may at any time contact the Customer Service by email: firstname.lastname@example.org in order to obtain informations on the status of the command.
Article 4: Price
Products prices found on www.defroidmont.fr are indicated in euros all taxes included, excluding the processing and shipping fees.
DEFROIDMONT reserves the right to change its prices at any time, but products will be charged based on the current rates at the time of the Customer's order validation.
The price on the product description does not include shipping fees.
The price indicated in the order confirmation is the final price, including all taxes and VAT for France and the EU member countries.
This price includes the price of products, handling, packaging and storage of goods, shipping costs and commissioning.
Article 5: Products
The information on the product sheets available on the e-commerce website www.defroidmont.fr correspond to the essential characteristics of the product concerned. They are by no means exhaustive and can not substitute for the complete information that are on the packaging of the product. If needed, the Customer is invited to refer to these packaging informations which prevail.
The photos illustrating the products are non-contractual. DEFROIDMONT cannot be held responsible for erroneous photographs.
The majority of products offered to our customers are available in our warehouse. A delay may be requested in the case of out of stock or longer supplier manufacturing and delivery times, the customer will in this case be notified by mail or telephone with the help of the reception notice of the order.
DEFROIDMONT also works with craft and artisan producers who have seasonal production. In case the amount requested by the Customer is no longer available in our warehouse, the Customer will be contacted by mail or telephone about the inability to answer to his request, a delay may be requested or the command may be modified with Customer's agreement to reach the desired quantities.
The product offers are valid until they are visible on the website, within the limit of available product stock excluding promotional campaigns mentioned as such on the website. In the event of unavailability of a product after placing the order, DEFROIDMONT informs the Customer by email or phone.
DEFROIDMONT may offer to the customer:
- To ship all the products of the order at the same time or as soon as the unavailable products are available again.
- A partial shipment of the products available at first, and to ship the unavailable products when they become available
If the Customer decides to cancel the order for the unavailable products, DEFROIDMONT will repay without delay (maximum 30 days after the payment), all sums collected for these unavailable products.
Article 6: Delivery
The customer choose between the delivery terms that are proposed, provided that they are compatible with his order.
The products are delivered to the shipping address provided by the Customer, which engages himself. DEFROIDMONT can not be held responsible for errors made by the Customer in the description of the address and phone number of the addressee of the order or for the delivery delays and inability to deliver the package that these errors could cause.
After order confirmation, DEFROIDMONT agrees to deliver to its carrier all items ordered by his Customer, subject to full payment of the products ordered, at the delivery address and within a maximum of 48 working hours.
Delivery is made by COLISSIMO,
Delivery will be made by Colissimo Post office in France.
Also for deliveries outside metropolitan France, the customer agrees to pay all taxes due to the importation of products, customs duties, value added taxes and other taxes due under the laws of the destination country of the order. DEFROIDMONT free itself of legal responsibilities if the payment of taxes is not made by the customer.
During the presentation of the package by the carrier, it is necessary for the Customer or third party designated or authorized to be present to make the delivery in the best conditions. The shipping does not include delivery to floors, for that the approval of the driver is needed.
In case of failure of the first delivery attempt, the Customer must within 48 hours contact DEFROIDMONT or the carrier to arrange a new withdrawal date for the order in the premises of the carrier at the Customer's expense.
Costs related to the delivery failure due to the Customer will be borne by the latter, specifically:
- The cost of returning the undelivered products to the carrier at the equivalent price paid for the shipping costs on the shipped order;
- If necessary, the cost for the return treatment at DEFROIDMONT amounting to 25 €.
In case of cancellation of the order by the Customer, DEFROIDMONT company will, within 14 days from the cancellation, refund the price of the order net of expenses related to the delivery failure mentioned above, except the implementation of the withdrawal right by the Customer.
Delivery will be carried out only with the signature of the delivery order by the customer or third designated or authorized reception and eventually on presentation of documents required for identification of the Customer or the designated recipient (identity card in particular).
Any risk of loss or damage to the goods shall pass to the customer when he or a third party designated by him, other than the carrier proposed by DEFROIDMONT, has acquired the physical possession of the goods.
Therefore, it is up to the customer to check the condition of the package on arrival. The Customer has a period of 48 hours to make any eventual complaints to the carrier in case of lack or damage.
For reasons of availability of the products ordered, an order may be the subject of several deliveries. The customer in this case only pays for one delivery. If the customer wishes 2 delivery points, he has to place 2 orders with delivery costs linked to each order.
Are considered force majeure discharging DEFROIDMONT from its obligation to deliver war, riot, fire, strikes, accidents and the impossibility of being supplied.
Special provisions: Some products because of their peculiarity will not be available outside mainland France or in Corsica. Some products require a controlled temperature in the parcel so it is impossible for technical reasons to send these products there. Products that are inherently liable to deteriorate or expire rapidly.
1 pre-shipment processing time:
When all items ordered are avaiable in stock, the pre-shipment processing time of an order (validation, payment and preparation) before shipping is about 2 working days for orders placed before 14:00, and 3 working days after.
When one or more items in the order are in course of procurement, the logistic processing time of the order for its shipment will start as soon as the order is complete.
2 Delivery times:
Once shipped, the delivery time varies depending on the carrier:
-24 to 48 h for Colissimo shipments.
Unless special provisions laid down in the order and accepted by the customer during the validation of the order, the Products are delivered to the customer in the above time needed for the processing and the shipment of the order. In the case of an order with products not available in stock requiring lead time, delivery will take place within 30 days after the conclusion and validation of the sales contract.
For consumers Customers:
In any event, in accordance with Article L 114-1 of the Consumer Affairs Act, in case of delivery delay of more than 7 days in comparison with the delivery deadline indicated in the contract, the Customer may cancel the order by registered letter with an acknowledgment of receipt, except in cases of force majeure.
The provisions of Article L114-1 of the Consumer Affairs Act do not apply in the case of late delivery attributable to the Customer, particularly in the event that the Customer or a third party designated by him is not available to accept delivery. Similarly, the provisions of Article L114-1 of the Consumer Code do not apply in the event of delay due to an insurmountable and unpredictable event due to a third party to a contract which would tend to disturb, delay or prevent the shipment to the Customer of the ordered products. This delay does not apply in cases of force majeure which may delay the delivery.
Upon delivery of the order, the customer or a third party designated or authorized, must check and precisely control the state and conformity of the products delivered.
If, upon delivery, the external aspect of the package appears damaged, the customer or recipient of the products shall open it in the presence of the carrier to check the condition of the product (s).
In case of non-compliance of products with the order recorded upon delivery, to allow the treatment of the Customer's complaint promptly and with the best conditions, the Client shall express on the delivery receipt all his reserves with relevant details.
Any claim relating to an apparent defect or damage during the delivery of a Product, in order to be valid for the carrier, will have to be addressed within 48 hours from the reception of the order by email or mail addressed to DEFROIDMONT.
In case of refusal of delivery for the above mentioned reasons, the Customer may request a replacement delivery or the cancellation of the order to DEFROIDMONT company.
DEFROIDMONT undertake to refund or exchange any damaged product. In this case the customer is asked to contact DEFROIDMONT to submit the detailed nature of the product damage. Depending on the choice of the customer and the reason of compensation, DEFROIDMONT will exchange or pay back the product. This will be done as soon as possible, within 14 days after the reception of the claim.
In some cases, for evidentiary reasons DEFROIDMONT may ask the customer pictures of the package or of the damaged products. These pictures do not represent a legal proof in case of dispute.
Article 7: Withdrawal
The Customer has 14 days (from the reception of goods) to form an opinion.
In case of exchange or refund, the customer return the article with the reasons for his dissatisfaction at the following address:
In case of exercise of right of withdrawal, DEFROIDMONT must refund the sums paid by the customer, free of charge, except for return shipping costs. Repayment is due within 15 days.
Special provisions, restriction of the right of withdrawal:
The right of withdrawal can not be exercised for supply contracts of goods liable to deteriorate or expire quickly, the supply of goods which were unsealed by the consumer after delivery and which can not be returned for hygiene reasons or health protection. Law n°2014-344 of 17 March 2014 from the Consumer Affairs Act - art. 9 (V)
The return of products:
The customer returns the products to DEFROIDMONT company, without undue delay, and not later than 14 days after notifying his right of withdrawal. Article L. 121-21-3 of the Consumer Affairs Act.
Removal costs of goods are the responsibility of the Customer who freely choose the mode of transportation to return the products.
The transfer of risk occurs when the goods are presented at the warehouse of the company DEFROIDMONT.The Customer is responsible of the way of packing the product when returning it.
The return of products is carried out at the following address:
159 Grand Rue
Article 8: The payment of the order :
The price charged to the customer is the price indicated on the order confirmation sent by DEFROIDMONT, the product price is payable the day of the order.
When ordering the customer must enter the information necessary for the invoice. The customer gives his billing address and delivery address and choose his payment option.
Knowing that the original invoice will be delivered within the package.
All payment options present on the website www.defroidmont.fr redirect the customer to the secured website related to its payment option.