General Terms and Conditions of Sale

Article 1 – Scope 

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded between the company SAVEURS DIJONNAISES, a single-member simplified joint-stock company with a capital of €1,000 whose registered office is at 1 rue Jean Monnet, ZI Excellence 2000, 21800 Chevigny-St-Sauveur, registered with the RCS of DIJON under number Dijon B 980994792 (hereinafter the “Seller” or “SAVEURS DIJONNAISES”) and a consumer or non-professional customer (“Customer”) via the merchant website www.boutique-escargot-truffe.com (hereinafter the “Website”).

These Terms and Conditions apply to the exclusion of all other Terms and Conditions, including those applicable to in-store sales. Sales to business customers are governed by specific Terms and Conditions of Sale, separate from these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer’s purchase is the one in effect on the Website on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

 

Article 2 – Seller’s Contact Details

The Seller’s contact details are as follows:
Saveurs Dijonnaises
1 rue Jean Monnet – ZI Excellence 2000, 21 800 Chevigny-St-Sauveur
Tel.: 03 80 37 23 70
Email: boutique[at]saveurs-dijonnaises.fr

 

Article 3 – Orders 

The sale will only be considered final after the Seller sends the Customer an email confirming acceptance of the order and after the Seller has received full payment.

The Customer has the opportunity to review the order details, the total price, and correct any errors before confirming acceptance. This confirmation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract.

It is therefore the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is an existing dispute concerning payment for a previous order.

Product offers are valid as long as they are visible on the website, within the limits of available stock. In this regard, the Seller will be entitled to refuse any order that is excessive in volume.

Please note that the photographs and graphics displayed on the Website are not contractual and do not constitute a binding commitment on the part of the Seller. The Customer is responsible for reviewing the description of each Product to understand its essential properties and characteristics.

 

Article 4 – Prices

The Products are supplied at the prices in effect on the Website at the time the Seller registers the order.

The Seller reserves the right to change the prices of its products at any time. Unless otherwise stated, prices do not include processing, shipping, transport, and delivery fees, which are charged separately, under the conditions specified on the Website and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

 

Article 5 – Payment Terms

The price is payable in full, in cash, on the day the order is placed by the Customer, via secure payment by credit card according to the instructions on the Website.

As part of its efforts to combat online fraud, the Seller may verify the bank details and/or identity of Customers before any delivery. By placing an order on the Seller’s website, the Customer agrees to provide the Seller with the requested supporting documents. If the requested information is not provided within the specified timeframe, the Seller reserves the right to cancel the order under review.

In accordance with the law, we must remind you that confirming your order implies an obligation to pay the indicated price.

Payment Security Methods

To ensure secure payments, the Website uses a secure payment service. This service incorporates the SSL security standard. When the order is validated, the payment request is routed in real time to the secure online payment processor. This processor sends an authorisation request to the bank card network. The online payment processor issues an electronic certificate.

When a payment transaction is initiated, TLS (Tactical Layer Security) technology is activated to maintain a secure connection and protect the data. This solution allows the buyer to purchase products securely. The buyer’s bank details for payments made by credit card are not stored by the Seller and are transmitted directly to the online payment solution.

 

Article 6 – Deliveries

Delivery is provided by carrier directly to the Customer’s address without prior appointment, or to one of the selected collection points. The Customer is free to choose the collection point at their convenience when placing the order. Delivery takes place within 5 business days from order confirmation. This delivery time is an estimate and is not guaranteed. SAVEURS DIJONNAISES cannot be held liable for any failure to meet this timeframe.

The Customer can choose from 3 delivery options:

  • Colissimo Standard 48h without signature,
  • Delivery to a pickup point,
  • In-store pickup (5 rue chaudronnerie, 21000 DIJON).

However, if the order is not delivered to the address provided by the Customer within 30 days of the order date, the Customer may cancel their order by registered letter with acknowledgement of receipt. In this case, the Customer will be reimbursed within 30 business days. If this 30-day period is not respected, SAVEURS DIJONNAISES cannot be held liable for any reason whatsoever. Therefore, no claim for compensation of any kind may be made by the Customer against SAVEURS DIJONNAISES.

The Customer is required to check the condition of the delivered products and to note any reservations in the presence of the carrier.

Without prejudice to the provisions relating to legal guarantees below, he has a period of 3 days from delivery to make by email (boutique@saveurs-dijonnaises.fr) or by post any reservations or claims for non-conformity or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all supporting documents relating thereto (photos in particular). After this period, and if these formalities have not been observed, the products will be deemed compliant and free from any apparent defects, and no claim will be validly accepted by the Seller.

 

Article 7 – Transfer of Ownership – Transfer of Risk

Ownership of the Seller’s products will only transfer to the Customer after full payment of the price by the Customer, regardless of the delivery date of said products.

Regardless of the date of transfer of ownership of the Products, the transfer of risk of loss and damage relating thereto shall only occur when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk (in accordance with the Law).

 

Article 8 – Right of Withdrawal

In accordance with applicable legal provisions, the consumer Customer has a period of fourteen days from receipt of the product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notifying the Seller of the Customer’s decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice, to the following address:

BOUTIQUE DE L’ESCARGOT ET DE LA TRUFFE
5 rue chaudronnerie
21 000 DIJON

Damaged, soiled or incomplete products will not be accepted for return.

The right of withdrawal may be exercised online using the withdrawal form at the bottom of these General Terms and Conditions of Sale, in which case the Seller will immediately send the Customer an acknowledgement of receipt on a durable medium, or by any other unambiguous statement expressing the intention to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the delivery costs will be refunded; the return costs remain the responsibility of the Customer.

The refund will be issued within fourteen (14) days of the Seller’s receipt of the products returned by the Customer under the conditions set forth in this Article.

It is reminded that, in accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • for the supply of goods made to the consumer’s specifications or clearly personalised;
  • for the supply of goods liable to deteriorate or expire rapidly;
  • for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for hygiene or health protection reasons.

Article 9 – Warranty and Liability

SAVEURS DIJONNAISES guarantees, in accordance with legal provisions, the Customer against any hidden defect arising from a manufacturing defect affecting the delivered products and rendering them unfit for consumption, in accordance with Articles 1641 to 1649 of the Civil Code.
With regard to the products sold, SAVEURS DIJONNAISES’ liability is limited to foreseeable and direct damages suffered by the Customer. As a general rule, it is limited to the value of the product in question at the time of sale.
All guarantees are excluded in the event of failure to maintain the integrity of the packaging and/or the product, failure to comply with storage conditions (in a dry, cool, clean place, protected from frost, water damage and weather, away from a heat source, etc.), improper handling of the product, negligence on the part of the Customer, as well as in the event of normal product expiration or force majeure.

The Seller shall not be liable for any inconvenience or damage related to the use of the Internet, including but not limited to service interruptions, the presence of computer viruses, or external intrusions. Furthermore, SAVEURS DIJONNAISES shall not be held liable in the event of force majeure.

 

Article 10 – Personal Data 

Customer personal information may be processed automatically. This information is intended for SAVEURS DIJONNAISES, which may contact the Customer again for informational or marketing purposes.

In accordance with the French Data Protection Act, the Customer has the right to access, modify, rectify and delete their personal data (French Data Protection Act of 6 January 1978), which they can exercise by contacting boutique@saveurs-dijonnaises.fr.

 

Article 11 – Applicable Law / Disputes

In the event of a dispute concerning a service or product related to SAVEURS DIJONNAISES, the consumer may submit a reasoned complaint to our customer service department.

By mail: to the address indicated at the beginning of these General Terms and Conditions of Sale.
By email : boutique@saveurs-dijonnaises.fr

If, after exhausting all avenues of appeal with our customer service, a misunderstanding or disagreement persists, and subject to the admissibility provisions of the Consumer Code, the Customer may contact the consumer mediator to whom we are subject free of charge in order to seek an amicable solution:

All sales concluded by our company are subject to French law. Unless otherwise provided by law, the Commercial Court of Rennes shall have sole jurisdiction over any dispute relating to the performance or interpretation of this Agreement and the contracts concluded by SAVEURS DIJONNAISES with its customers, even in the event of a third-party claim or if there are multiple defendants, unless otherwise required by law.

Sample withdrawal form 

(Please complete and return this form only if you wish to withdraw from the contract.)

To: SAVEURS DIJONNAISES, 1 rue Jean Monnet, ZI EXCELLENCE 2000, 21800 CHEVIGNY-SAINT-SAUVEUR, France.

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.