TERMS OF SALES
Effective date: September 2023
1. Object
The company FRENCH MUSH (“ FRENCH MUSH ") offers the sale of edible oils (" Products ") to individuals (the “Buyers ") put on sale on the website www.Frenchmush.com (the « Site »).
These general conditions (the “ Terms and conditions ") are intended to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the page of the Site.
The General Conditions prevail over any other general or specific conditions not expressly approved by FRENCH MUSH.
They may be supplemented, if necessary, by specific conditions of use for certain Products offered on the Site, which supplement the General Conditions and, in the event of contradiction, prevail over the latter.
2. Legal capacity and acceptance of the general conditions
- Legal capacity
The Site is accessible to any natural person with full legal capacity to commit to the General Conditions. Any natural person who does not have full legal capacity can only access the Site with the consent of their legal representative.
- Acceptance of the General Conditions
Acceptance of the General Conditions by the Buyer is indicated by a check box in the order form. This acceptance can only be full and complete. Any acceptance under reservation is considered null and void.
The Buyer who does not agree to be bound by the General Conditions must not place an order on the Site.
3. Registration on the Site
- Placing an order on the Site requires the Buyer to register.
When the Buyer places an order and provides the information marked as mandatory, a customer account (the “ Account ") is automatically created in the name of the Buyer, which allows him to manage his purchases in a form and according to the technical means that FRENCH MUSH deems most appropriate.
The Buyer guarantees that all the information it provides is accurate, up to date and truthful and is not tainted by any misleading character.
He undertakes to update this information on his Account in the event of modifications (in particular change of postal address), so that they always correspond to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purposes of creating or updating his Account constitutes proof of his identity. The information entered by the Buyer is binding upon validation.
- The Buyer can access their Account at any time after identifying themselves using their login ID and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using the latter being deemed to be made by the Buyer. He must immediately contact FRENCH MUSH using the contact details mentioned at the header of the General Conditions if he notices that his Account has been used without his knowledge. It recognizes FRENCH MUSH's right to take all appropriate measures in such a case.
4. Product Characteristics
Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product that he wishes to order.
The Products are offered for sale online while stocks last.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only engage FRENCH MUSH for what is precisely indicated.
5. Order
- Placing an order
To place an order, the Buyer must select the Product(s) of their choice and place them in their basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is deemed received by FRENCH MUSH when it can have access to it.
As part of their order, the Buyer is invited to provide their contact details for delivery and invoicing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated.
The Buyer guarantees that all the information he gives in the order form is accurate, up to date and sincere and is not tainted by any misleading character.
He is informed and accepts that this information constitutes proof of his identity and binds him as soon as it is validated.
- Order confirmation
At the end of his order, the Buyer receives a confirmation by email which:
- summarizes the elements of the order and the expected delivery time,
- includes the general conditions in force on the day of the order,
- includes the invoice corresponding to the order.
The Buyer must ensure that the contact details provided are correct and that they allow them to receive the order confirmation email. If this is not received, the Buyer must contact FRENCH MUSH using the contact details mentioned in the header of the General Conditions.
FRENCH MUSH recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer when he or she can have access to it.
6. Price and payment terms
- Price
The sales prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
FRENCH MUSH reserves the right, at its free discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include delivery costs that may be applicable to the delivery of the Products, invoiced in addition to the price of the Products. The amount of the applicable delivery costs will be indicated before validation of the order by the Buyer.
The applicable price is that displayed on the Site at the time the Buyer's order is registered.
In the French Overseas Territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to FRENCH MUSH. These duties and taxes, of which FRENCH MUSH cannot determine the exact amount in advance and of which it cannot therefore inform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible for the correct completion of any declarations and/or formalities relating thereto.
- Payment terms, delays and defaults
The full price of the Products is payable upon ordering.
Payment can be made online:
- by credit card, through the secure online payment service indicated on the Site,
- on Paypal,
…or by any other means that will be offered on the Site at the time of the order.
The Buyer guarantees FRENCH MUSH that he has the necessary authorizations to use the chosen payment method.
FRENCH MUSH reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted of fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times the French legal interest rate will be automatically applicable to unpaid amounts. from the first presentation of a formal notice by registered letter AR.
7. Reservation of title
FRENCH MUSH retains full ownership of the Products sold until full payment of the price, delivery costs included.
8. Delivery
- Delivery territory
Unless otherwise stated on the Site, the Products are delivered exclusively within the territory of Europe.
Delivery of the Products will be made to the address indicated during the Buyer's order as the "delivery address" (which may be different from the billing address), provided that it is located within the territory of delivery possible for the Products.
- Delivery methods
There are different delivery methods depending on the categories of Products and their weight. They are specified on the Site.
The Buyer is informed before validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product according to this method.
FRENCH MUSH reserves the right at any time to modify the delivery methods offered.
- Delivery delay
Delivery is made within the time indicated in the order confirmation email.
If ordering several items, FRENCH MUSH reserves the right to split shipments. In such a case, delivery costs will only be invoiced once.
In the absence of delivery within the deadline transmitted, the Buyer may cancel the order by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having ordered FRENCH MUSH, according to the same terms, to carry out the delivery within a reasonable additional period, it was not executed within this period.
The order is considered resolved upon receipt by FRENCH MUSH of the letter or writing informing it of this resolution, unless delivery has taken place in the meantime.
In the event of cancellation of the order according to the terms above, the Buyer will be reimbursed for the full amount paid, including delivery costs, at the latest within 14 days following the date on which the order was placed. denounced.
FRENCH MUSH reserves the right in any case to contact the Buyer in order to offer alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative reimbursement method.
9. Right of withdrawal
The Buyer has a period of 14 working days, from the date of receipt of the Products ordered, to withdraw without having to give reasons or pay penalties.
The Buyer will not be able to exercise his right of withdrawal if he has unsealed the Product(s), in accordance with article L.221-28 5° of the Consumer Code.
The Buyer who wishes to exercise his right of withdrawal must send FRENCH MUSH to the contact details mentioned at the header of the General Conditions, before the expiry of the above period, the completed withdrawal form available here, or a declaration clearly expressing its desire to withdraw and including its order number.
The Products must be returned to FRENCH MUSH in their original packaging, without undue delay and at the latest within 14 calendar days following communication by the Buyer of their desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. When returning the Products to FRENCH MUSH, the Buyer is deemed responsible in the event of deterioration of the Products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.
The Buyer will be reimbursed as soon as possible and at the latest within 14 days from the date of effective receipt by FRENCH MUSH of the request for withdrawal of the entire sums paid for his order, deducting, where applicable, the return costs, which remain the responsibility of the Buyer. FRENCH MUSH, however, reserves the right to defer this reimbursement until the first of the following two events occurs: the actual recovery of the Products or the provision by the Buyer of proof of shipment of the Products.
10. Legal guarantees
The Buyer benefits from legal guarantees of non-conformity as well as hidden defects in the item sold, including defects in conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer notices that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform FRENCH MUSH using the contact details mentioned in the header of the General Conditions, indicating the nature of the defect, of the non-compliance or damage noted and by sending any useful supporting evidence, particularly in the form of photograph(s).
FRENCH MUSH will organize the return arrangements with the carrier of its choice, of which it will inform the Buyer by any useful means. FRENCH MUSH will bear the costs of this return.
The Products must be returned to FRENCH MUSH in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products not complying with the terms described above cannot be taken into account.
FRENCH MUSH will carry out the necessary checks and will offer the Buyer the replacement of the Product wherever possible. If replacement of the Product is impossible, FRENCH MUSH will reimburse the Buyer the entire price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which FRENCH MUSH will have informed it of the impossibility of replacing the Product.
|
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
- benefits from a period of 2 years from the delivery of the property to take action; - can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L217-9 of the Consumer Code; - is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Any consumer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. |
11. Obligations of Buyers
Buyers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products to their specific needs prior to purchasing said Products.
They must take the necessary measures to save by their own means the information in their Account that they deem necessary, of which no copy will be provided to them.
12. Responsibility of FRENCH MUSH
- The Buyer acknowledges and accepts that the Products sold by FRENCH MUSH are not medicines and are not intended to replace treatment. The Buyer should always consult their doctor before consuming herbal remedies
- FRENCH MUSH does not provide the Buyer with any guarantee as to the adaptation of the Products to their needs, expectations or constraints.
- FRENCH MUSH cannot be held responsible for damage resulting from use of the Products that does not comply with the recommendations and not directly caused by poor workmanship of the Product.
- FRENCH MUSH cannot be held responsible for non-performance or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure, as defined in article 1218 of the Code. Civil, it being expressly specified that are considered cases of force majeure, in addition to those which are usually retained by the case law of French jurisdictions: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blocking of telecommunications networks, means of transport or postal services, including due to strikes, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal obligation or regulatory or public order imposed by the competent authorities and which would have the effect of substantially modifying the General Conditions.
- FRENCH MUSH cannot be held responsible for non-performance or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of the article " delivery ". Thus, in the event of a new delivery, the costs relating to this delivery will be invoiced to the customer and the Buyer.
- FRENCH MUSH undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, FRENCH MUSH reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, FRENCH MUSH cannot be held responsible for temporary difficulties or impossibilities of access to the Site which originate from circumstances external to it, force majeure as defined above, or which are due to disruptions of the telecommunications networks.
- In any event, the liability likely to be incurred by FRENCH MUSH hereunder is expressly limited to proven direct damage suffered by Buyers.
13. Intellectual property
The Site, the systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by FRENCH MUSH within the Site are protected by any intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of FRENCH MUSH are strictly prohibited. and may be subject to legal proceedings.
14. Personal data
FRENCH MUSH practices a personal data protection policy, the characteristics of which are explained in the document entitled “ Privacy Policy », of which the Buyer is expressly invited to read.
15. Advertising
FRENCH MUSH reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which FRENCH MUSH will be the sole judge.
16. Prohibited behavior
- Are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into FRENCH MUSH systems, (iii) any misappropriation of system resources of the Site, (iv) any actions likely to impose a disproportionate load on the infrastructures of the latter, (v) all attacks on security and authentication measures, (vi) all acts likely to infringe the rights and interests financial, commercial or moral of FRENCH MUSH or users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of the General Conditions or the laws and regulations in force.
- It is also strictly prohibited to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.
- Any commercial exploitation of the Products by Buyers is prohibited, and in particular any resale or distribution for a fee.
- In the event of failure to comply with any of the provisions of this article or more generally, violations of laws and regulations, FRENCH MUSH reserves the right to take all appropriate measures and take any legal action.
17. Unsubscribe
The Buyer can unsubscribe from the Site at any time on their Account.
Unsubscription is effective within a maximum period of 90 days from this request and results in the automatic deletion of the Buyer's Account from the time of unsubscription.
18. Modifications
FRENCH MUSH reserves the right to modify the General Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.
19. Language
In the event of a translation of the General Conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
20. Mediation
The Buyer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these presents which opposes him to FRENCH MUSH, under the conditions provided for in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.
To this end, he may contact the following consumer mediator:
Consumer Mediation Center for Justice Conciliators (CM2C)
Address : 14 rue Saint Jean 75017 Paris
Phone : 06 09 20 48 86
21. Applicable law
The General Conditions are governed by French law.