Terms and Conditions
R.C.S. Tours B 410 785 927
Marche de Gros Rochepinard - Avenue Vatel - 37000 Tours - France
Tel: +33 2 47 66 17 17 -
E-mail : firstname.lastname@example.org
You have connected to the http://www.fromages.com website. In doing so, you agree that you accept these General Terms and Conditions and that you agree to be bound by such. These General Terms and Conditions are applicable to all orders placed through Fromages.com SA. Any business transacted with Fromages.com SA. will be governed exclusively by these General Terms and Conditions.
A.General Provisions :
he web site http://www.fromages.com was conceived by Fromages.com SA., and all right, title and interest in the Site are the exclusive property of Fromages.com SA. Copying or downloading all or any parts of the Site is prohibited without the prior permission from Fromages.com SA. Fromages.com SA., however, authorizes establishment of hypertext cross references to the Site.
B. Provisions governing the issuance of orders and conclusion of contracts :
Article 1. Acceptance of General Terms and Conditions
nce a user (the "Customer") has filled out the Site order form and confirmed the order (the order is confirmed by clicking on confirmation of order) then this will result in the full and binding acceptance of these General Terms and Conditions which will be the only terms applicable to the contract thereby entered into.
Article 2. Order confirmation and conclusion of contract
The Site contains at all times a commercial offering to sell certain Products, but this shall not be construed as a legally binding permanent offer. Thus, as explained below, a contract is only concluded when and if the order is confirmed by Fromages.com SA.
Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by Fromages.com SA.
Fromages.com SA. will confirm the acceptance of orders by using, at its option, one of the following methods: e-mail, telephone, fax or mail. Acceptance or refusal, to accept an order will be forthcoming no later than twenty four (24) hours (only working days taken into account) after the receipt of the order. Moreover, Fromages.com SA. reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem in completing the delivery. The Customer can cancel an order, in this case, the cancellation of the order must be faxed to Fromages.com SA. no later than four (4) hours after the order has been confirmed with the email Fromages.com has sent, giving the customer its loggin and password details.
Article 3. General Obligations of the parties
3.1 Obligations of Fromages.com SA.
Fromages.com SA. undertakes, once the order has been accepted, to sell the cheese products set forth on the order (the "Products") and to deliver the Products ordered to the address indicated by the Customer. Unless otherwise specified, Fromages.com SA. undertakes to place the Products with the carrier of its choice on next shipping day (only working days taken into account) after the order has been accepted. Fromages.com SA. has concluded a contract with the carrier specifying that the carrier will deliver the Products to the address indicated by the Customer.
3.2 Obligations of the Customer
The Customer shall clearly indicate the address to which the Products are to be delivered during business hours. The Customer undertakes to pay the stated price for the Fromages.com SA. Product delivery (price of the Products plus transport), as well as to pay, or have paid, directly to the carrier any additional amount that might arise due to custom duties, value added tax or other taxes due upon import into the country where the Products are delivered.
The Customer agrees not to resell the Products. The Customer agrees that all his orders are for his personal consumption or for the personal consumption of any other person to whom the Products are being sent at the Customer's request. In the latter case, the Customer, on behalf of such third party, accepts these General Terms and Conditions.
Article 4. Specific Provisions
4.1 Price, Invoice
The total price (the "Price") shown by Fromages.com SA. on the order is definitive. The Price includes: the price of the Products, handling costs, packaging, transport and all taxes applicable to exporting the Products outside France. No custom duties or value added taxes shall be due for deliveries in the European Union.
The Price will be in Euros, any amounts stated in other currencies being only for the purposes of estimating the price in another currency. If Saturday delivery is requested for a delivery to USA, an extra cost of 20 Euros.- will be charged Depending on whether carrier has a Saturday delivery to the Zip requested.
Payment will only be accepted by Bank Credit Card. Once the order has been accepted, the Customer will be charged in Euros. At the express demand of the Customer, Fromages.com SA. will issue an invoice. The Customer must indicate the address where the invoice is to be sent.
4.2 Transport - Delivery - Delivery Schedule.
Unless the Customer has failed to make payment for any reason, the Products will be delivered to the address indicated within a period of one to nine days (only working days taken into account). The delivery time given to the Customer by Fromages.com SA. may vary depending on the country involved. These are indicated on the Site ,but Fromages.com SA. shall not be held liable if the delivery times are not respected for any given order. In case delivery is made and nobody is at the indicated address to accept delivery, the carrier shall leave a note indicating that it was unsuccessful in making the delivery and that the Customer should come to recover the Products at a location specified by the carrier. Fromages.com SA. will not, for any reason, be held liable for any deterioration in the Products due to a Customer's failure to collect the Products in a timely manner.
4.3 Transfer of Risk.
The transfer of risk of the Products takes place when the carrier delivers the goods where the customer specifically asked it to be delivered with or without signature.
4.4 Qualification upon Receipt - No returns on cheeses - Limited Rights to Reimbursement/Replacement.
The Customer can only make a claim if the Products delivered do not conform with the quantity ordered or if the packaging containing the Products is seriously damaged. The claim must be made in writing to the carrier at the time of delivery. A copy must be sent to Fromages.com SA. (e-mail or fax) no later than twelve (12) hours after the claim was made. With the claim, the Customer shall supply the carrier's confirmation of the validity of the Customer's claim
No returns of cheeses will be accepted. In case an accessory is damaged, Fromages.com has the right to require a digital photo of the damaged product.
If the above procedures are respected, and the claim is proven to be valid due to the packaging and are the Products being seriously damaged, Fromages.com SA. at their choice will either reimburse the Customer the Price or replace the Products at Fromages.com SA.'s expense. If the delivery is not in conformity with the quantity ordered, Fromages.com SA. will reimburse the difference in the price between the Products ordered and those delivered only if those delivered are sold for less than those ordered and paid for. No claim will be accepted with respect to the taste, appearance or freshness of the Products.
4.5 Limited Guarantee
Unless otherwise indicated, Fromages.com SA. guarantees that the Products are made in France unless otherwise indicated and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the Site at the date the order was made. Fromages.com SA. guarantees that the Products are of good quality and were fresh when given to the carrier. The above is the only warranty given by Fromages.com SA. No other warranties, whether express or implied, are given. In particular, Fromages.com SA. does not warrant that the Products correspond to the specific expectations of the Customer.
4.6 Liability - Limitation of Liability
The Customer is personally liable for its choice of Products and after delivery is entirely responsible for the conservation and consumption of the Products. In this regard, the Customer is hereby notified that the packaging of the Products indicates the last date on which the Products should be consumed and warns the Customer to check if the Products have deteriorated as a result of heat, transport or any other cause. (Fromages.com SA. will not be held liable for damage resulting from any of these causes.) Also, Fromages.com SA. will not be held liable for not respecting any laws or regulations in the country where the Products are delivered. Fromages.com SA. is only liable for complying with French regulations relating to the Products. In any event, the liability of Fromages.com SA. is limited to the lesser of the following amounts: 1) the direct damage suffered by the Customer or 2) the price of the order irrespective of the basis on which Fromages.com SA.'s liability may be assessed.
C. Invalidity - Force Majeure - Applicable law - Competent Courts
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause. Neither Fromages.com SA. nor the Customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of Products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by French law. All litigation or disputes between the parties shall be brought only before the competent court in Paris.