GENERAL TERMS AND CONDITIONS OF SALE OF THE WEBSITE

www.epices-roellinger.com

Please read carefully before placing your order

J ET O ROELLINGER, Trading Sign EPICES ROELLINGER, a Unipersonal Limited Liability Company with capital of €7,622.45, registered on the Saint-Malo Trade and Companies register under the number B 415 138 924, the registered office of which is that 1 rue Duguesclin CANCALE (35260), operates the website EPICES ROELLINGER (www.epices-roellinger.com), hereafter the “Site”, through which the company J ET O ROELLINGER runs an online business to sell certain of its products.

J ET O ROELLINGER is designated by its trading sign “EPICES ROELLINGER” below.

Article 1 – Purpose :

These online General Terms and Conditions of Sale define the terms and conditions for the Customer ordering, purchasing and obtaining delivery of the products which EPICES ROELLINGER displays and sells on the Website Epices-roellinger.com.

EPICES ROELLINGER states that the remote sales made on the Website are exclusively reserved for consumers aged over 18 i.e. for any physical person acting outside their commercial, industrial, artisanal or liberal profession activity, and for legal persons, for their needs, outside their business activities hereafter “the Customer”. The Customer and /or its representatives will be liable for any purchase which is outside the scope of this limitation.

It is formerly prohibited to resell products purchased on the Website.

Article 2 – Application of the General Terms and Conditions of Sale – Validity :

These General Terms and Conditions of Sale can be consulted on the Website when the order is placed. They can also be consulted from a tab in the bottom right-hand corner of the Website’s home page or on the “Terms and Conditions” page.

The Customer must state that he/she/it has read these General Terms and Conditions of Sale before validating the order.

The Customer’s validation of the Order implies full and unconditional acceptance of these General Terms and Conditions of Sale in force when placing the order. They are the sole terms and conditions which apply to the sale of products on the Website.

EPICES ROELLINGER can modify the General Terms and Conditions of Sale without notice. EPICES ROELLINGER therefore asks the Customer to read the General Terms and Conditions of Sale in force carefully every time he/she/it places a new order.

Article 3 – Porducts :

The products offered to the Customer are those displayed on the Website when the order is validated and within the limits of available stocks, and subject to the Website functioning correctly.

Each product offered on the Website is presented with its name, composition and price. Photographs accompany some of the products. EPICES ROELLINGER could not be held liable in case of minor differences that could exist between the product and its display on the Website.

Article 4 – Price :

The products are supplied at the prices displayed on the Site when the order is validated.

Prices are given in euros and are displayed inclusive of VAT.

Prices do not include delivery costs.

Article 5 – Order :

5.1 - Creating an account

The Customer must create an account when placing an Order for the first time. The account is opened by entering two identifiers: a personal email address and a password.

The personal email address and password are the proof of the Customer's identity and are binding on the Customer for any order which is placed. They are valid as an electronic signature within the meaning of the law n°2000-230 of March 13 2000.

If a Customer forgets his/her/its identifiers, or is worried that a third party may have discovered them, EPICES ROELLINGER supplies a function on the Website which allows the Customer to retrieve the identifiers and choose a new password.

If a Customer forgets his/her/its identifiers, or is worried that a third party may have discovered them, EPICES ROELLINGER supplies a function on the Website which allows the Customer to retrieve the identifiers and choose a new password.

5.2 - Validation of the Order

The Customer agrees to supply the information required to process the Order, notably title, surname, first name, address, telephone number (landline and/or mobile) email address, delivery address, and also invoicing address if it is different.

The Customer must check the information he/she/it provides as well as the products in the Order before validating the Order.

The information the Customer supplies when placing the Order is binding on the Customer. If the Customer makes a mistake in the choice of products or in his/her/its contact details and personal data, EPICES ROELLINGER cannot be held liable for these mistakes or their consequences.

A summary is given of any Order before the Customer is asked to validate the Order.

The ordering system on the Website allows the Customer to review the Order to modify it or correct any mistakes, before it is validated permanently.

The Customer places definitively an Order by clicking on the button “Buy” and by ticking the box of acceptance of Terms and conditions. Validation of the Order is valid acceptance of the price and characteristics of the products.

5.3 - Confirmation of receipt of the Order

EPICES ROELLINGER confirms the receipt of the Order and the payment of the price, by sending a confirmation email to the email address given by the Customer.

EPICES ROELLINGER’s confirmation email contains a summary of the Order with an order number, information and price about the products, and the information provided by the Customers, such as contact details, delivery address, and the invoicing address, if this is different.

The invoice and the bank card receipt are also attached to the confirmation email.

EPICES ROELLINGER is entitled to refuse any Order for a legitimate reason. This applies to cases where the Customer is in financial difficulties (payment irregularities), foreseeable problems affecting the delivery, an Order placed in bad faith by the Customer, and an Order which does not conform with the provisions of article 1 of these General Terms and Conditions of Sale.

Article 6 – Payment :

Payment is made in euros by bank card on order.

After the validation of the Order, the Customer is directed to the STRIPE SERVICES secure payment site, which uses protection and encryption measures to guarantee that the card number is kept secret.

The Customer must enter the information on the bank card and in particular his/her/its name, number, expiration date, the cryptogram and any other information required for payment.

The Customer’s bank card is debited when the Customer validates the order.

EPICES ROELLINGER sends the invoice and the bank card receipt in the confirmation email.

Article 7 – Retention of ownership title clause :

Sales are concluded with retention of title.

The transfer of ownership title in the products to the Customer is suspended until the price and delivery costs have been paid in full.

The risks in the article pass to the Customer when the products in the Order are delivered to the Customer.

Article 8 – Delivery of Products in the Order :

Article 8.1 - Delivery – Term and Conditions

The products in the Order are delivered to the delivery address given by the Customer after the full payment for the price of the order and the delivery costs have been received.

Delivery will be made by ‘Colissimo suivi - Expert  F’ for shipments made in Mainland France, Corsica, and Monaco.

Parcels are delivered against signature by the consignee. If the consignee is absent, a notice is left in the consignee’s letter box.

Delivery in other countries is made by FedEx International.

EPICES ROELLINGER can never be liable for deterioration to the products due to a late withdrawal of the products from the carrier, or if the Customer does not withdraw the products or, if the Customer is liable for a fault.

Article 8.2 - Delivery – Costs

The costs of delivery costs are automatically calculated when the Order is entered, in accordance with the weight, volume and destination of the Order.

The delivery costs are shown on the summary of the Order before it is validated by the Customer, and are also mentioned in the invoice.

Article 8.3 - Delivery – Deadlines

The delivery deadline is eight (8) working days from the receipt of the confirmation email sent by EPICES ROELLINGER.

Delivery can only be made inside the deadlines if the Customer is up-to-date which his/her/its obligations to EPICES ROELLINGER.

Article 8.4 - Delivery – Transport – Risks

The risks pass to the Customer as soon as the products in the Order are delivered.

Delivery is deemed to have been made when EPICES ROELLINGER delivers the products in the Order to the carrier.

The products travel at the Customer’s risks, even if the Order is addressed to another consignee.

Article 9 – Delivery of the Order :

The Customer, or consignees, must check the condition of the products delivered.

If shortages, losses, average, or damage are found, the Customer must make a claim against the carrier by recorded delivery letter with acknowledgement of receipt within three (3) working days following receipt of the products in the Order.

The Customer must send a copy of this later to EPICES ROELLINGER by fax or by ordinary letter.

Article 10 – Warranties :

Article 10.1 - Statutory warranty of conformity

The products sold on the Website are covered by the statutory warranty of conformity.

If the delivered product does not conform, the Customer can return it to EPICES ROELLINGER providing he/she/it respects the procedure set out in article 12 of these General Terms and Conditions of Sale.

If the non-conformity is acknowledged by EPICES ROELLINGER, EPICES ROELLINGER undertakes to replace the non-conforming product within a maximum of thirty (30) days, either with identical products, or with a product of equivalent quality and price, within the limits of the stocks available.

If it is impossible to replace the product, EPICES ROELLINGER will refund the sums paid by the Customer within a maximum of thirty (30) days from the return of the products, to the exclusion of any indemnity or damages.

Article 10.2 - Warranty against the defects of the thing sold

The products sold on the Website are covered by the warranty against latent defects (Articles 1641 to 1649 of the French Civil Code). The Customer must prove the existence of latent defects.

Article 11 – Right of withdrawal reserved for consumers who are private individuals :

Pursuant to article L.221-18 of the French Consumer Code, the Customer has fourteen (14) calendar days after the delivery of the products in which to exercise his/her/its right of withdrawal without having to give reasons, or pay penalties, apart from the costs of returning the products ordered over the Internet. The return of the products shall respect the the terms of article 12 of these General Terms and Conditions of Sale. The return of the products shall be made within the fourteen (14) calendar days that follow the notification of the withdrawal form by the Customer.

In accordance with article L.221-28 of the French Consumer Code, this right of withdrawal does not apply to products, which cannot be reshipped or which, because of their nature, are liable to deteriorate or go out of date quickly.

If the Customer exercises this right of withdrawal by respecting all of the above cumulatives conditions, EPICES ROELLINGER undertakes to refund the sums paid by the Customer, including the standard delivery cost, within a maximum of fourteen (14) days that follow the date on which EPICES ROELLINGER is informed of the exercise of the right of withdrawal by the Customer. However, the reimbursement shall be delayed until the receipt of the products by EPICES ROELLINGER. The reimbursement is made on the payment methods used by the Customer to pay the products, except acceptance of the Customer for another method. A standard form of withdrawal is available to the Customer. Download Standard form of withdrawal

Article 12 – Returning the products :

If the delivered products are affected by a concealed defect or non-conformity, or the Customer exercise the right of withdrawal, the Customer must return the products, at his/her/its risks, to EPICES ROELLINGER by respecting the following cumulatives conditions :

  • The products concerned must be in the condition they were in when the carrier delivered them,
  • The products must be returned in their original packaging, or in new sufficiently strong packaging, correctly sealed if the original packaging was damaged,
  • The order number, the confirmation email, the invoice and the purchase order must be enclosed with the returned products,
  • The customer or the consignee must keep proof of sending the returned products.

Article 13 – Liability - Limitation of liability – Case of force majeure :

The Customer is exclusively liable for the choice of products, their conservation and use. EPICES ROELLINGER cannot be held liable for any loss due to this.

EPICES ROELLINGER cannot be held liable for the failure to respect the laws and regulations in force in the country of delivery, as EPICES ROELLINGER is solely liable under the French legislation governing the products.

Unless fault is proved, EPICES ROELLINGER cannot be held liable for any damage which may stem from an improper use of the identifiers or the ordering process. EPICES ROELLINGER cannot be held liable for any risks inherent in using the Internet, such as downtime in the service, an intrusion or a computer virus.

Neither EPICES ROELLINGER or the Customer can be held liable for any non-performance which may have its origin in a case of force majeure, outside its control, This list, which is non-exhaustive includes war, civil insurrection, transport stoppages, import or export problems, strikes, lock-out, shortages, fire, storms, flooding.

EPICES ROELLINGER will inform the Customer of such events by all appropriate means, to enable the Customer to cancel his/her/its order in writing.

EPICES ROELLINGER can not be held liable for failure to comply or poor implementation of the contract by EPICES ROELLINGER due the fact of the Client or, due to a case of unforeseeable and insurmountable circumstances from a third party or, due to a case of force majeure.

EPICES ROELLINGER’s liability is limited to the electronic remote sales of the products which EPICES ROELLINGER displays and sells on the Website. Therefore, EPICES ROELLINGER’s liability is excluded for the purchase or booking of services related to hotel, restaurant or training (cooking lesson).

EPICES ROELLINGER’s liability is restricted to the lower of the following two sums, irrespective of the reasons why it is put in issue : the amount of the direct loss suffered by the Customer, or the price of the order.

Article 14 – Intellectual Property :

The website’s general structure and any element comprising it, in particular text, data, graphic charter, graphic elements, whether animated or not, images, photographs, names of services and products, sounds and videos are protected by the intellectual property laws, and in particular the law of copyright, and trademark law. They are the exclusive property of EPICES ROELLINGER or a third party, having authorized their use. Any total or partial representation, use or reproduction of the website and/or the elements comprising it, is prohibited without the express prior authorisation of EPICES ROELLINGER.

Article 15 – The collection of personal data :

EPICES ROELLINGER undertakes to respect the confidentiality of the personal data which the user discloses on the website and to process this data in accordance with law n°2004-575 of 21 June 2004 on trust in the digital economy and the law n°78-17 of 6 January 1978 on Data Processing, data files and individual liberties (simplified declaration CNIL n°1668259 v 0 of 23 April 2013).

The data collected by EPICES ROELLINGER is processed by computer and is strictly intended for the following purposes: the management and processing of orders for products and/or services, the follow-up of the customer experience, the management and processing of registrations to receive the newsletter, the statistical follow-up to enrich editorial content tailored to users’ needs, the management of prospection operations, the management of requests for rights of access, rectification and opposition and the management of unpaids and disputes.

In accordance with articles 39 and seq. of the law n° 78-17 of 6 January 1978 as amended in 2004 on Data Processing, data files and individual liberties, any user of the site can obtain disclosure and if necessary rectification or cancellation of the data concerning them by sending his or her written request either by email to the following address: info@epices-roellinger.com, or by letter to the following postal address: EURL J & O ROELLINGER – EPICES ROELLINGER
1 rue Duguesclin- 35260 CANCALE

If the Customer no longer wishes to receive the newsletter, he or she can deregister from the circulation list at any time:

- either by following the instructions on the bottom of the Epices-Roellinger.com newsletter,
- or by clicking on the “newsletter” tab of the site’s homepage,
- or by contacting EPICES ROELLINGER at the above address.

Article 16 - Proof, conserving and archiving the transactions :

The computerised registers which are kept in France inside EPICES ROELLINGER’s computer systems under reasonable conditions of security will be considered to be proof of communications, orders and payments made by the parties.

The purchase orders and invoices are archived in reliable and durable mediums which satisfy the requirements of a faithful and durable copy, pursuant to article 1348 of the French Civil Code.

Article 17 – Severability :

If one or more clauses in these General Terms and Conditions of Sale are considered to be invalid or declared as such by a law, decree or a regulation, or following a final and binding decision of a competent court, the other clauses will remain in force.

Article 18 – Governing law - Jurisdiction :

These General Terms and Conditions of Sale are governed by French law.

Disputes will be brought before the French Courts, if an amicable agreement cannot be reached.

Article 19 – Legal information :

  • Identification of the company : J ET O ROELLINGER– Trading sign ROELLINGER, A unipersonal limited liability company with capital of 7,622.45 euros
  • Company identification (Siret) n° : 41513892400014 – Business Code (NAF) 5610A
  • RCS Saint Malo B 415 138 924
  • Registered Office : 1 rue Duguesclin- 35260 CANCALE
  • Intracommunity VAT n° : FR 28415138924

For any additional information, or in case of difficulty, the Customer can contact EPICES ROELLINGER  by :