Terms of sale
TERMS AND CONDITIONS OF SALE
Effective September 26, 2023
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reserve, to all sales concluded by the Vendor with non-professional purchasers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Vendor on the www.leparfait.com site. The Products offered for sale on the site are as follows:
Plastic decorations for corks and caps.
Non-electric household and kitchen utensils and containers (neither precious metal nor plated), pot lids, funnels, non-electric pressure cookers, cookware; unworked or semi-worked glass (except for building glass); glassware, jars, porcelain and earthenware. Metal locks and hardware.
Metal closures Cooking and refrigerating appliances; sterilizers, pressure cookers, pressure cookers. Printing products; books, magazines, guides.
Rubber seals for jars.
Textile and leisure accessories;
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.leparfait.com website, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These General Terms and Conditions of Sale are available at all times on the www.leparfait.com website and shall prevail over any other document. The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before placing an order online at www.leparfait.com.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer. The Vendor's contact details are as follows
Berlin Packaging France, SAS
Share capital of 500,000 euros
Registered with the RCS of NICE, under number 529681520
470 Promenade des Anglais 06200 NICE
Telephone number: 08 05 36 00 01
Intracommunity VAT number FR785296520
ARTICLE 2 - PRICES AND PROMOTIONS
The Products are supplied at the current prices shown on the www.leparfait.com website, at the time the order is registered by the Vendor.
Prices are expressed in Euros, before and after tax.
Prices take into account any discounts granted by the Vendor on the www.leparfait.com website.
These prices are firm and non-revisable during their period of validity, but the Vendor reserves the right to modify them at any time outside their period of validity.
Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered, and is sent by e-mail or available from the Customer's account.
Free DELIVERY in a relay point from a purchase of €59 is valid for all orders less than or equal to 20 KG. For any order exceeding 20 KG, the customer will not be able to benefit from this free delivery and will have to pay delivery charges.
ARTICLE 3 - ORDERS
It is the Customer's responsibility to select the Products he/she wishes to order on the www.leparfait.com website, according to the following procedures:
The Customer chooses a product and places it in his/her shopping basket, which he/she may delete or modify before validating his/her order and accepting the present terms and conditions of sale. They then enter their contact details or log in to their account and choose their delivery method. Once the information has been validated, the order will be considered firm and definitive, and will require to be honored.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the www.leparfait.com website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer may follow the progress of his/her order on the website. Any cancellation of the order by the Customer after its acceptance by the Vendor will only be possible within 1 day at the most after acceptance of the order by the Vendor and as long as the delivery has not taken place (independently of the provisions relative to the application or not of the legal right of retraction).
The weight of an order may not exceed 25 KG of merchandise, subject to acceptance by our carriers. Your order will then be refused by our services and you will be contacted to place a new order that we are able to deliver.
In the event of a delay in the receipt of a parcel by the Customer, resulting in the parcel being returned to the sender, the Customer will be required to pay the delivery charges again if he/she wishes the parcel to be returned by the Vendor.
ARTICLE 4 - TERMS OF PAYMENT
The price is paid by secure payment, using the following method: payment by credit card.
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the www.leparfait.com website.
Payments made by the Customer will not be considered final until the Seller has received the sums due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 - DELIVERY
Products ordered by the Customer will be delivered to Metropolitan France or to the following zone(s)
- SWITZERLAND after contacting customer service and subject to approval. Customs clearance is the customer's responsibility.
Deliveries are made within 10 working days to the address indicated by the customer when placing an order on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 5 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access.
If the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.
In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The Customer must check the condition of the products delivered. They have a maximum of 14 days from delivery to make any complaints by e-mail to email@example.com or by post (date as postmark) to the following address:
Le Parfait Customer Service
470 promenade des Anglais 06200 NICE, accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.
The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this case, the risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good". The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal address or e-mail address indicated in ARTICLE 1 of the GCS. Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products cannot be returned. Return shipping costs will be borne by the customer. The exchange (subject to availability) or refund will be made within 30 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in the present article.
ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES
Products supplied by the Vendor are covered by :
the legal guarantee of conformity, for defective, damaged or damaged Products or Products which do not correspond to the order,
the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Legal warranty provisions
Article L217-4 of the French Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L217-5 of the French Consumer Code
"The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L217-12 of the French Consumer Code
"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods. Article 1641 of the French Civil Code. "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-16 of the French Consumer Code.
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. This reimbursement may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor. The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
ARTICLE 9 - PERSONAL DATA MANAGEMENT POLICY
The site www.leparfait.com undertakes to comply with the (EU) General Data Protection Regulation 2016/679 and the Data Protection Act of January 6, 1978 as amended.
Definition of personal data
Personal data is any information that directly identifies a natural person: Name, gender, postal address, email, telephone number or IP address.
Responsibility for processing Site data
The site manager: Berlin Packaging France (hereinafter referred to as "we" in this policy), may collect and use some of your personal information when you visit its site http://www.leparfait.com (hereinafter referred to as "we" in this policy). hereinafter referred to as “Website”).
Source of data
The data we use is collected directly from you, via cookies or trackers during your navigation on the Site, or via the collection form that you complete when creating an account or when sending an email. a customer satisfaction questionnaire.
In accordance with the regulations on personal data, we have an obligation to guarantee the accuracy and updating of information concerning you. This is why the data collected on the Site may be updated and/or supplemented using more recent data that you may provide, particularly when creating or updating an account created on our site.
Collection of data :
Your personal data is collected:
when you browse the Site using trackers or cookies,
when creating a customer account on the Site and making any modification to this account,
when sending messages or questions to customer service via online help.
when subscribing to the newsletter
Fields mentioned in the collection forms with an asterisk are mandatory.
Details of data collected:
The following Personal Data may in particular be collected, whether you communicate it voluntarily, or whether it is collected during your use of the Site:
Data allowing you to be identified: last name, first name, postal address, email address, telephone number, password, age and gender
Data relating to your consent to receive commercial offers, possibly personalized
Navigation data on the Site
You can choose not to communicate certain personal data, this choice may however prevent the use of certain services offered through the Site.
In the event that you provide the personal data of a third party, you undertake to do so with the consent of the latter, and after having informed them of the conditions under which their personal data are collected, used, stored and disclosed.
Why do we collect your data:
The processing of personal data generated by the placement and reading of cookies during your navigation on the Site serves to:
Ensure the operation of the Site
Measure the audience of the Site and establish anonymous visit statistics
Ensure the interactivity of the Site with social networks on the basis of your consent, which you can withdraw at any time;
Improve the functionality and personalization of the Site based on your consent, which you can withdraw at any time;
Processing generated when sending messages to customer service via online help on the Site
Access to your personal data:
The personal data collected on the Site are intended, within the limits of their attributions, for our internal services and its subcontractors.
More specifically, the recipients of your personal data are as follows:
When browsing the Site:
Our internal services and any subcontractors
Companies operating social networks whose plug-ins appear on the Site,
When managing your account: our internal services and any subcontractors
In the context of Customer Service and Customer complaints: Our internal services and any subcontractors.
Your personal data will not be subject to any external communications other than those provided for above to meet legal and regulatory obligations.
Data retention period:
Your personal data is kept for the duration necessary to achieve the purposes described above:
As part of the management of your account: 5 years from the last use of the account on the Site for customer identification data and choices of consent or opposition expressed
As part of subscribing to the newsletter: Until termination by the customer
In the context of Customer Service and Customer complaints: 2 years after the customer's last contact in the event of a message on the Site's online help form
Exercise your rights over your personal data:
In accordance with current regulations, you have rights (access, rectification, erasure, opposition, limitation, portability, definition of guidelines relating to the conservation, erasure and communication of your personal data after death) on the personal data about you. To find out more, you can visit the website of the Commission Nationale de l’Informatique et des Libertés.
These rights can be directly exercised by mail to the following address: firstname.lastname@example.org
The rights previously granted to you expire upon your death. You have the right to define guidelines relating to the conservation, erasure and communication of your personal data after your death.
When your personal data is processed with your consent, you can revoke it at any time. You are, however, informed that the processing carried out prior to this revocation will remain valid.
We pay the greatest attention to the protection of personal data. However, if you consider that their processing infringes your rights or that your request has not been satisfied, you have the option of submitting a complaint to the National Commission for Informatics and Liberties (CNIL) - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
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ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the site www.leparfait.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions and the operations resulting from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.
In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility of contacting the consumer mediator to whom the professional reports, namely the Association of European Mediators (AME CONSO), free of charge, within one year of the complaint. written addressed to the professional.
The referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS. »
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.shop.leparfait.fr except exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
For the attention of the Consumer Service THE PERFECT
470 Promenade des Anglais 06200 NICE
I hereby notify the withdrawal of the contract relating to the property below:
- Order of (insert date)
- Order number: ...........................................................
- Customer Name : ...........................................................................
- Customer's address : .......................................................................
Signature of the Client (only in case of notification of this form on paper)