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Sweets and Biscuits
1 - Application of these terms and conditions
1.1 The present general terms and conditions of sale (hereinafter the " GTC ) apply to any purchase made by a consumer or non-professional, whether a natural person or a legal entity (hereinafter referred to as the "Customer"). Customer ") on the "basile-tea.com" website (hereinafter the " Website TEABA, a limited liability company with capital of €10,000, whose registered office is at PONT-EVEQUE (38780), 140 chemin de La Vialliere, registered in the Vienne Trade and Companies Register under number 888 612 413 RCS - APE 1082Z - Intracommunity VAT number FR25888612413 (hereinafter referred to as "TEABA"). Basile &Téa ".
1.2 Basile&Téa may modify these GTC at any time without notice by posting the latest updated version on its website. In this case, the applicable GCS will be those in force at the date of the order by the Customer.
The customer may request any previous version of the GCS by post to the Company's registered office or by e-mail.
1.3 For any request or communication with Basile&Téa, the Customer should contact :
1.4 Before confirming any order on the Site, the Customer declares that he/she has read, understood and accepted the GTCS, by checking the appropriate box, before placing any order on the Site. However, the fact that a Customer enters an order on this Site and confirms the order by clicking on the "confirm my order" button implies full acceptance of these GCS, which shall prevail over any other general or special conditions not expressly approved prior to the order by Basile&Téa.
2 - Telecommunication costs
The equipment and telecommunication costs required to access and use the Site are the responsibility of the Customer.
3 - Choice of Products on the Site
3.1 The Products offered by Basile&Téa are those listed on the Site.
3.2 This list is not exhaustive and includes Productsrefers to all products, whether food products or not, presented as marketed on the Site, and in particular all chocolate-based food products and confectionery in general.
3.3 All Products presented on the Site are marketed subject to available stock. In accordance with the provisions of article L. 111-1 of the French Consumer Code, the essential characteristics of the Products are set out on the Site, particularly on the Product sheets and descriptions, which include information and photographs of each Product, the composition of each food product and, where applicable, any allergenic risks.
4 - Creating a customer account on the Site
4.1 Once the Products have been selected on the Site, the Customer is not obliged to create an account or log in to his customer account in order to place his order. The Customer declares that the information provided, for which the Customer is solely responsible, is accurate and complete and does not infringe the rights of any third party whatsoever.
4.2 To register on the Site, the Customer must have the legal capacity to contract.
4.3 It is the Customer's responsibility to ensure the confidentiality of the identifiers used to create his/her account. Any connection to a Customer's account using these identifiers will be presumed to have been made by the Customer him/herself. The Customer is solely responsible for the use of his identifiers by third parties or for actions or declarations made via his account, whether fraudulent or not.
5 - Order validation by the Customer
5.1 The Customer selects Products and quantities on the Site, according to his or her needs, the summary of which appears in the "Your Shopping Cart" tab.
5.2 In accordance with article 1127-2 of the French Civil Code, the Customer may view the details of his order (including the quantity, characteristics and references of the Products ordered, the billing and delivery address, the means of payment, the price and the delivery time), correct any errors, before confirming it and expressing his acceptance of these GCS. The Customer confirms the order by selecting one of the payment methods proposed on the Site.
He then accepts without reservation the order process and the present conditions of sale. The Customer then receives an automatic e-mail confirming the order.
No order can be modified after the automatic order confirmation e-mail.
5.3 Basile&Téa reserves the right to refuse to confirm any order in case of stock shortage or impossibility of manufacture or delivery beyond its control. Basile&Téa can propose another Product with culinary and gustatory characteristics close, similar or superior to those of the Product ordered by the Customer. In this case, Basile&Téa will endeavor to inform the Customer and to have him confirm a new order taking into account these modifications.
6 - Prices
6.1 Prices shown on the Site are inclusive of VAT, less any discounts, rebates or refunds granted to the Customer, as defined on the Site. The order summary and the invoice show the prices before tax, the increase in the rate of VAT and the price inclusive of tax, in addition to the application of any discounts, rebates and returns granted and the transport costs applicable on the day of the order.
6.2 The prices shown on the Site may be modified at any time, without notice, in particular in the event of changes in the cost of raw materials or tax data. Invoices are issued in accordance with the prices displayed on the Site on the day the order is placed.
7 - Terms of payment
7.1 All orders placed on the Site are payable in cash by credit card or by any other means of payment presented on the Site [Paypal, stripe, bank transfer]. If the Customer's bank refuses to debit a credit card, the order will be cancelled and the sale automatically terminated. The Customer will be informed by e-mail.
7.2 Basile&Téa will take all necessary measures to guarantee the security and confidentiality of banking data transmitted on the Site in the context of online payment. However, all payment information provided on the Site is not processed by Basile&Téa. The data relating to the payment of the order is therefore processed directly by the Customer's bank and Basile&Téa's partner bank in a secure environment.
7.3 Basile&Téa retains ownership of the Products until full payment has been received for the order.
8 - Offers and promotions on the Site
Unless otherwise specified on the Site, any offer or promotion presented on the Site leading to a reduction in the price of the order is applicable only once per Customer during the period of the offer or promotion.
9 - Acknowledgement of receipt and invoicing
Acknowledgement of receipt of the order is sent to the Customer by automatic e-mail, provided that the e-mail address communicated via the Customer's registration form is correct.
No order confirmation by mail or fax is sent by Basile&Téa. The Customer accepts Basile&Téa's transmission of all dematerialized invoices by electronic means.
10 - Delivery terms
10.1 Basile&Téa delivers the ordered Products only to Metropolitan France. Corsica is excluded. No shipment is made outside these geographical areas.
10.2 Delivery of goods will take place after Basile&Téa has received payment for the order. Deliveries and order preparations are carried out on working days only.
10.3 Delivery times are indicated in the order summary before the order is confirmed, and may vary depending on the nature of the Products ordered and the season.
10.4 In case of non-compliance with the delivery time indicated, the Customer will send a registered letter with acknowledgment of receipt to Basile & Téa, at the postal address indicated in Article 1 (paragraph 1.3), enjoining him to comply leaving an additional period of fifteen (15) days, time necessary for Basile & Téa to open an investigation with the carrier to determine the cause of delay or non-delivery.
In the absence of deliveries after this additional period, the Customer will have the possibility of requesting, by electronic or postal mail to the addresses indicated in article 1 (paragraph 1.3), the resolution of the sale and the refunding of his order. In this case, the refund of the order will be made within fourteen (14) days of receipt by Basile&Téa of the request for refund. The refund will be made by the same means as that used on the day of the order, or failing that, by check sent to the address provided by the Customer on the Site when creating his account, or by transfer after communication of his bank details to Basile & Téa.
11 - Verification of delivery and complaints
11.1 In accordance with article L.216-4 of the French Consumer Code, any risk of loss or damage to the goods is transferred to the Customer at the time the Product(s) is (are) delivered to the delivery address indicated.
11.2 The customer may lodge complaints about non-conforming or obviously damaged Products. Claims that are not significant, clear and complete and that do not identify the damaged Products are not admissible. All complaints must be dated and signed by the Customer.
11.3 Without prejudice to the recourse and measures to be taken vis-à-vis the carrier, complaints about the poor condition of the Products delivered must be made by e-mail or post to Basile&Téa at the addresses indicated in article 1 (paragraph 1.3), within ten (10) days of delivery of the said Products.
In the absence of any reservation notified to Basile&Téa within the aforementioned time limits, Products which have suffered any damage or deterioration whatsoever will be deemed to have been accepted by the Customer and no claim relating to their deterioration due to delivery will be accepted a posteriori.
12 - Shipping costs
12.1 Shipping costs are indicated on the Site at the time of ordering. Free shipping may be mentioned on the Site, either because of an order quantity, or as a promotional offer.
12.2 Transport costs vary according to weight, destination and season. During the warmer seasons, orders may be shipped by any carrier specialized in the transport of fresh products, if they contain Products likely to melt or deteriorate during transport, at Basile&Téa's sole discretion.
13 - Right of withdrawal
13.1 Withdrawal principle
As a matter of principle, the Customer has the right to return or restitute the Product to Basile&Téa or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following communication of his/her decision to withdraw. Pursuant to 4. of article L221-28 of the French Consumer Code, the right of withdrawal under the present article is excluded for the purchase of any composition containing or likely to contain chocolate.
13.2 Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the Customer takes physical possession of the Product.
13.3 Notification of right of withdrawal
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous statement sent by e-mail to the address indicated in article 1 (paragraph 1.3). The Customer will then be invited to fill in a form so that his/her request can be studied and taken into account.
Alternatively, he/she may send a request to the postal address indicated in article 1 (paragraph 1.3), by completing the following withdrawal form.
CANCELLATION FORM
Attention: Société TEABA, 140 chemin de La Vialliere - 38780 PONT-EVEQUE
I hereby notify you of my withdrawal from the contract for the sale of the product below:
- Purchase order no. : ___________________
- Ordered on [___/____/_____]/received on [___/____/_____]
- Payment method : ___________________
- Name of customer and, if applicable, order beneficiary : ________________
- Customer address : ___________________
Date [___/____/_____]
Customer's signature
(except by return e-mail)
13.4 Effects of withdrawal
In case of withdrawal by the Customer, Basile&Téa undertakes to refund all sums paid corresponding to the returned Products, without undue delay and, in any event, no later than fourteen (14) days from the day Basile&Téa is informed of the Customer's desire to withdraw.
Basile&Téa may defer the refund until receipt of the goods or until the Customer has provided proof of shipment of the goods.
Any refund of the Customer will be made by the same means as that used on the day of the order, or by check sent to the address provided by the Customer on the Site when creating his account, or by transfer after communication by the Customer of his bank details to Basile&Téa.
13.5 Product return procedure
The Customer must, without undue delay and in any event no later than fourteen (14) days after communicating his decision to withdraw, return the Product(s) ordered to the postal address mentioned in article 1 (paragraph 1.3).
The Customer shall bear the direct costs of returning the Products. Products must be returned according to Basile&Téa's instructions. Products must be returned in their original, undamaged packaging and in good saleable condition.
14 - Personal use
It is agreed that the Products ordered are intended for the personal and non-professional use of the Customer, who is prohibited from reselling all or part of said Products.
15 - Warranties
15.1 Basile&Téa guarantees the quality of the Products provided they are kept in a cool, dry place and protected from light. For any specific Product, the Customer must comply with the storage instructions indicated on the packaging.
15.2 Basile&Léa also guarantees the freshness of the Products provided that they are consumed within the period indicated on the packaging. The use-by date (DLC) or best-before date (DLUO) of all Products is indicated on the packaging. It is the Customer's responsibility to keep the packaging and to check the best-before date or use-by date before each consumption.
Basile&Léa reminds you that the Customer benefits from the following legal guarantees:
15.3 The legal guarantee of conformity, which allows the Customer to benefit from a period of two years from delivery of the Product concerned to act, by demonstrating that the Product does not conform to the use or description given on the Site.
For the full text on the legal warranty of conformity : https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032221271/
15.4 The legal warranty for hidden defects, under which the customer may request, within two years of the discovery of the defect, either the cancellation of the sale or a reduction in the sale price in accordance with articles 1641 et seq. of the French Civil Code.
To access the full text of the warranty for latent defects : https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006441924/#:~:text=Le%20vendeur%20est%20tenu%20de,s’il%20les%20avait%20connus
15.5 All complaints and requests for exchange or refund must include the number of the order concerned and the reason for the request (hidden defect, lack of conformity). Any refund of the Customer will be made by the same means as that used on the day of the order, or, at his request, by check sent to the address provided by the Customer on the Site when creating his account, or by transfer after communication of his bank details to Basile&Téa.
15.6 The guarantee Since 2020, Basile & Téa has been contributing to the elimination of packaging by signing up to CITEO and the green dot on its packaging. Thanks to this financing, CITEO contributes to the recycling of household packaging by signing contracts with local authorities that set up selective collection systems.
The unique identifier FR321779_01HXMP attesting to the company's registration. This identifier attests to the company's compliance with its registration obligation and the completion of its marketing declarations to CITEO.
16 - Warranty exclusions
The following are damage resulting from :
17 - Site operation
Basile&Téa excludes its liability under the general conditions of use of the Site, accessible in the dedicated section of the Site, and in all cases, for any damage resulting from an interruption, malfunction of any kind whatsoever, suspension or impossibility of access to the Site, and this for any reason whatsoever, in particular due to a technical malfunction, network or power cut or any case of force majeure leading to discontinuity of the Site's service, as well as for any material or immaterial damage resulting in any way from connection to the Site or to any other site linked by a hyperlink.
18- Force majeure
Any event beyond Basile&Téa's control due to force majeure, within the meaning of article 1218 of the French Civil Code (such as, but not limited to, strikes, floods, fires, transport disruptions or interruptions, acts of terrorism, difficulties in the supply of raw materials or energy, pandemics or epidemics, bacteriological degradation of Products, interruption of communication systems and the Internet), suspends the execution of its obligations for the duration of the force majeure event. Basile&Téa reserves the right to cancel any order if the case of force majeure continues for more than thirty (30) consecutive days.
19 - Computer archiving
The Customer acknowledges that the order procedure and these GTC are concluded online and constitute an "electronic contract" between the Customer and Basile&Téa, within the meaning of Articles 1125 et seq. of the French Civil Code. The Customer accepts that Basile&Téa archives this information in order to ensure a follow-up of the transactions.
All information relating to an order placed by the Customer for an amount greater than 120 € will be archived by Basile&Téa for a period of ten (10) years, in accordance with Article L.213-1 of the French Consumer Code, subject to intermediate archiving obligations and compliance with regulations relating to the processing of personal data.
20 - Personal data
20.1 For the application of European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (" RGPD ") and Law No. 78-17 of January 6, 1978 "Informatique et Liberté" amended by Law No. 2018-493 of June 20, 2018, any opening of a Customer account on the Site is subject to the processing of personal data under the responsibility of Basile&Téa.
20.2 Basile&Téa processes the Customer's personal data in particular for the purposes of order processing, delivery, invoicing and promotion of the Site and the Products, within the limits set by its privacy policy, available on the Site.
20.3 Basile&Téa collects and retains data exclusively for the time strictly necessary to optimize the Site, for promotional and communication purposes, for the performance of its services and in the event of its contractual and/or tort liability. Beyond this period, personal data will no longer be retained.
20.4 Basile&Téa may use the information provided by the Customer for any purpose, in particular to target advertising banners, improve the use of the Site or monitor compliance with the law and the terms of these GTC.
20.5 Within the limits of the aforementioned texts, the Customer has the right to access, rectify, object to, limit the processing of, port and delete data concerning him or her by sending a request by post or e-mail to the addresses mentioned in article 1 (paragraph 1.3). Where there is legitimate doubt as to the Customer's identity, Basile&Téa reserves the right to request a copy of the Customer's identity document in order to exercise these rights. The Customer also has the right to refuse any automated processing of personal data concerning him/her and the right to refer the matter to the CNIL.
20.6 For any further information, the Customer is invited to consult the privacy policy, available on the Site.
21 - Entire conditions
A change in legislation or regulations or a court decision rendering one or more clauses of these GTC null and void shall not affect the validity of the other stipulations of these GTC.
22 - Mediation
In accordance with article L. 612-1 of the French Consumer Code, the Customer may have recourse, free of charge (except for any legal or expert fees), to a mediation mechanism for the amicable resolution of any dispute. Prior to any mediation, the Customer must submit a written complaint directly to Basile&Téa at the e-mail or postal addresses mentioned in article 1 hereof (paragraph 1.3).
The request for mediation must be made within one (1) year of this written complaint, failing which it will be inadmissible. It is suggested to use the online mediator Lyon-Médiation accessible at the following address: https://lyon-mediation.fr/mediateur-de-la-consommation-resolution-litiges-conflits-ligne-rll-rel/. The customer may contact the mediator directly at the above Internet address.
In accordance with article L. 612-4 of the French Consumer Code, mediation is not compulsory. The Customer and Basile&Téa are free to accept or refuse the solution proposed by the mediator.
23 - Litigation
French law is the only law applicable to the performance of these GTC, with the exclusion of the Vienna Convention of April 11, 1980 on the international sale of goods.
24 - Intellectual property
24.1 The "Basile et Téa" brand, logo and graphic charter appearing on the Site belong to Basile&Téa. In addition to the trademark, the Site and all elements of the Site (in particular content, code, architecture, hypertext links, etc.) are protected by copyright and trademark law.
24.2 Their use without the prior written authorization of Basile&Téa or other rights holders may constitute an infringement and give rise to legal proceedings.
Consequently, and without the prior and express authorization of Basile&Téa, by connecting to the Site, the Customer agrees not to copy or download all or part of its content. The following in particular are prohibited: the extraction, reuse, storage, reproduction, representation or conservation of quantitatively or qualitatively substantial parts of the Site, in any form whatsoever, including these GTC. All other copyright restrictions set out in the Site's general terms and conditions of use apply to these GTC.