Legal notice and general terms of sales
Company name: Vallon des Opilias
Simplified joint stock company (“Société par actions simplifiée”) with a capital of €100,000
Head office at 425 Chemin des Roches, 26290 Donzère, France
R.C.S. : Romans 518 839 352
Editorial director: Laurent Dreyfus-Schmidt
This site is hosted by:
SARL FORLINI – BARATIER & ASSOCIES with a capital of €1,500
78 Rue du Faubourg-Saint-Denis, 75010 Paris
General terms of sales
Warning: the present document is the translation of general terms of sales written in French. In case of litigation, the French version will prevail.
Article 1: Object
The present General Terms of Sale (hereafter "GTS") have as their object to define terms and conditions under which Vallon des Opilias offers and sells its products to its clients by means of its online selling platform. Current GTS are applied to all orders placed on the Internet site www.baumesdesanges.fr and to products sold by Vallon des Opilias and will predominate all other conditions appearing on other documents, except previous, express and written exemption. Clients acknowledge that they have read these GTS at the time of signing the order and expressly accept them unconditionally.
Article 2: Price
The prices of our products are given in euro, all taxes included (VAT and other applicable taxes on the day of order), unless indicated otherwise and except processing and shipping charges. In the case of an order from a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or rights of import or state taxes are likely to be due. These rights and sums are not covered by Vallon des Opilias, these sums will be at your charge and are your responsibility, both in terms of statements and of payments to authorities and competent organisations of your country. We recommend that you ask your local authorities about these aspects.
All orders, regardless of their origin, are payable in euro. Vallon des Opilias reserves the right to change its prices any time, but the product will be invoiced on the basis of the rate applicable at the time of validation of the order and subject to availability. Products remain the property of Vallon des Opilias until total payment is complete.
Article 3: Orders
Any order passed on the Internet site www.baumesdesanges.fr implies agreement to the present GTS. Any confirmation of order implies your full and whole agreement to the present GTS, without exception or reservation. All data provided and the recorded confirmation will serve as proof of transaction. You acknowledge to have fully understood this.
The confirmation of order serves as a signature and acceptance of transactions made. A summary of your order will be given to you via the e-mail address that you provide for your order confirmation.
Vallon des Opilias reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in case of problem concerning supply, or in case of difficulty concerning the incoming order. In case of unavailability of product after signing of your order, we will inform you by e-mail. Your order will be automatically cancelled and no banking debit will be carried out.
Article 4: Delivery
Orders can be shipped to the following countries: Andorra, Austria, Belgium, Denmark, Spain, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Monaco, Norway, the Netherlands, Poland, Portugal, Czech Republic, Sweden, Switzerland the United Kingdom. Products are delivered at the delivery address indicated when the order is processed, the delivery time is indicated upon order validation. If shipment is delayed, you will be sent an e-mail to inform you.
As regards metropolitan France, Vallon des Opilias promises to respect a maximum shipping time of 15 days from the reception of the payment. If the shipping time exceeds the aforementioned deadline, and in accordance with the provisions of articles L 138-1 et seq. of the French Code of Consumption, the client is entitled to cancel his order by registered letter with acknowledgement of receipt. Sums paid will then be returned to the client, in application of legal provisions if so required. The provisions above do not apply in case of force majeure. The client is also kept liable by the delivery date. If, after provision of the goods, the client postpones the delivery date, the goods will be considered as delivered at the date of provision.
Regarding DOM-TOM (French overseas departments and territories) and the rest of Europe, the shipping time is 30 days from the reception of the payment. Similarly, if after provision of the goods, the client postpones the delivery date, the goods will be considered as delivered at the date of provision.
Article 5: Processing and shipping charges
Vallon des Opilias promises to send clients the products ordered to the shipping address within 72 working hours unless exception. Our shipping fees are available on our site.
Article 6: Payment
Validating your order implies that you have the obligation to pay the price indicated. Payment of your purchase is made by credit card. The debit is performed only at the time of shipping of the order. In case of staggered deliveries, only the products sent are debited.
The price invoiced to the client is the price indicated on the order confirmation sent by Vallon des Opilias. The order validated by the client will be considered as official only when the bank has authorised the payment.
Article 7: Right of withdrawal
In accordance with the provisions of article L.121-21 of the French Code of Consumption, you have a 14-day withdrawal period from the reception of your products to exercise your right of withdrawal without having to justify your motives or pay any penalty. Products must be returned in their state of origin (not unsealed by the client) and full (packaging, accessories, note). Your liability is incurred. Any damage done to the product at this time may cancel your right of withdrawal. External expenses are at the charge of the client.
Article 8: Guarantee
All our products benefit from the legal guarantee of compliance and the guarantee against latent defects, pursuant to articles 1641 et seq. of the French Civil Code. In case of nonconformity of a sold product, it can be returned, exchanged or reimbursed. All claims, requests for exchange or refund have to be made by e-mail within 30 days of delivery.
Products must be returned to us in the state in which you received them with all the elements (accessories, packaging, note). In this case, shipping costs will be reimbursed to you on the basis of the invoiced rate and return costs will be reimbursed to you on production of documentary evidence. The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 7.
Article 9: Responsibility
The products offered comply with French legislation in force. Vallon des Opilias cannot be held liable in case of failure to observe the legislation of the country to which the product is delivered. It is up to you to prove to local authorities the possibilities of import or of use of the products which you plan to order. Moreover, Vallon des Opilias cannot be held liable for any damage resulting from improper use of the product bought. Clients are reminded that the extracts contained in our products are concentrated and therefore not recommended for pregnant or breast-feeding women, for children under 3 years old, and in case of particular sensitivity or allergies. The products should also be kept out of children’s reach. Vallon des Opilias cannot be held liable for any improper use of the products.
Vallon des Opilias cannot be held liable for any damage, whether material, immaterial or bodily, which could result from improper use of the products sold and notably from overconsumption.
Vallon des Opilias’ liability is limited, whatever the case, to the amount of the order. In case of difficulties in applying the present contract, the client and Vallon des Opilias reserve the possibility, before any legal action, of seeking to reach an amicable solution. Finally, Vallon des Opilias cannot be held liable for any disadvantages or damages inherent to the use of the Internet network, notably a service break, an external intrusion or the presence of computer viruses.
Article 10: Applicable law in case of litigation
The present contract was drafted in French. The present General Terms of Sale are governed French law. In case of litigation, the French courts will be the only competent ones. For all professional clients, the Commercial Court of Paris is the only competent one, whatever the place of delivery and method of payment.
Article 11: Intellectual property
All elements of the Internet site www.baumesdesanges.fr are and remain the intellectual and exclusive property of Vallon des Opilias. No one is authorised to reproduce, exploit, repeat, or redistribute in any respect, even partly, elements of the website, whether they be software, visual or audio. Any simple or hypertext link is strictly forbidden without express prior written agreement of Vallon des Opilias.
Article 12: Personal Data and legal information
Vallon des Opilias reserves the right to collect personal information and data concerning you. This is necessary for the processing of your order, as well as for the improvement of services and of information which we send you. It can also be passed on to the companies which contribute to these relations, such as those charged with the execution of services and orders for their management, execution, processing and payment.
This information and data are also kept for security purposes, to comply with legal obligations and regulations. In accordance with the French Data Protection Act, the processing of personal information relating to clients has been declared to the French national data protection organisation, CNIL.. The client has (article 34 of the law of January 6th, 1978) a right of access, modification, correction and suppression of the data which concerns him/her.