General Sales Conditions - Mandy Candy
Articles L. 217-4 to L. 217-16 of the Code of Consumer Affairs Articles 1641 and 1648 of the Civil Code Download the pdf Preamble These general terms and conditions of sale apply to all sales entered into on the website lesbonsdemandy.fr. Le site Internet lesbonsdemandy.fr ou Lesbonsdemandy.com est un service de : L'entreprise SAS The Mandy Bonbons located 190 Impasse de la fountain du pré 24600 Allemans, France Site URL: https://lesbonsdemandy.fr/ E-mail: contact@LesbonsdeMandy.fr Telephone number: 09 88 99 36 13 The website lesbonsdemandy.fr / Lesbonsdemandy.com markets the following products: Confiserie, Chocolates, Drinks, Emballages and Gâteaux.. The customer declares to have read and accepted the general terms and conditions of sale prior to the issuance of the order. The validation of the order is therefore acceptable to the general terms and conditions of sale.
ARTICLE 1 - PRINCIPLES
These general terms and conditions express the full obligations of the parties. In this sense, the buyer is deemed to accept them unconditionally. These general terms and conditions of sale apply to the exclusion of any other conditions, including those applicable to in-store sales or other distribution and marketing circuits. They are accessible on the lebonsdemandy.fr website and will prevail, if any, on any other version or other contradictory document. The seller and the buyer agree that these Terms and Conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions on an ad hoc basis. They will be applicable as soon as they are posted. If a condition of sale fails, it would be considered to be governed by the usages in force in the field of remote sale of which companies have their headquarters in France. These general terms and conditions of sale are valid until December 31, 2023.
ARTICLE 2 - UNDER ARTICLE 2
The purpose of these Terms and Conditions is to define the rights and obligations of the parties as part of the online sale of goods offered by the seller to the buyer, from the website thebonsdemandy.fr. These conditions apply only to purchases made on the site of lesbonsdemandy.fr and delivered exclusively in metropolis or Corsica. For any delivery in DOM-TOM or abroad, a message must be sent to the following e-mail address:contact@LesbonsdeMandy.fr. These purchases concern the following products: Confiserie, Chocolates, Drinks, Emballages and Gâteaux..
ARTICLE 3 - INFORMATION PRECONTRACTUELLES
The purchaser acknowledges having communicated, prior to the transfer of his order and the conclusion of the contract, in a legible and understandable manner, these general terms and conditions of sale and all information listed in article L. 221-5 of the consumer code. The following information is transmitted to the buyer in a clear and understandable manner: - the essential characteristics of the good; - the price of the good and/or the method of calculating the price; - if applicable, all additional transportation, delivery or postage costs and any other charges payable; - in the absence of immediate execution of the contract, the date or time at which the seller undertakes to deliver the property, regardless of its price; - information relating to the identity of the seller, its postal, telephone and electronic contact information, and its activities, those relating to legal guarantees, the functionality of digital content and, where applicable, its interoperability, the existence and the modalities for the implementation of guarantees and other contractual conditions.
ARTICLE 4 - COMMANDE
The purchaser has the option to place his order online, from the online catalogue and using the form in it, for any product, within the limits of the stock available. The purchaser will be informed of any unavailability of the product or property ordered. In order for the order to be validated, the purchaser will have to accept, by clicking on the place indicated, these terms and conditions. It will also have to choose the address and delivery mode, and finally validate the payment method. The sale will be considered final: - after sending to the buyer confirmation of acceptance of the order by the seller by email; - and after receipt by the seller of the entire price. Any order is to accept the prices and description of the products available for sale. Any contestation on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In some cases, including default, erroneous address or other problem on the buyer's account, the seller reserves the right to block the purchaser's order until the problem is resolved. For any questions related to the follow-up of an order, the purchaser may call the following telephone numbers: 09 88 99 36 13 (cost of a local call), the following days and times: Monday to Saturday from 9:00 a.m. to 8:30 p.m., or send an email to the following email address: contact@LesbonsdeMandy.fr.
ARTICLE 5 - ELECTRONIC SIGNATURE
The online supply of the purchaser's bank card number and the final validation of the order will prove the purchaser's agreement: - due to the amount due under the order form; - signature and express acceptance of all transactions carried out. In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this use is found, to contact the seller at the following telephone numbers: 09 88 99 36 13.
ARTICLE 6 - CONFIRMATION OF COMMANDE
The seller provides the purchaser with an order confirmation by e-mail.
ARTICLE 7 - PREVENT OF TRANSACTION
Computerized records, stored in the vendor's computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as evidence.
ARTICLE 8 - INFORMATION ON PRODUCTS
The products governed by these Terms and Conditions are those listed on the seller's website and are indicated as sold and shipped by the seller. They are proposed within available stocks. The products are described and presented with the greatest accuracy possible. However, if errors or omissions have occurred in this submission, the seller's liability could not be incurred. The photographs of the products are not contractual.
ARTICLE 9 - PRICES
The seller reserves the right to modify its prices at any time but agrees to apply the applicable rates indicated at the time of the order, subject to availability at that date. Prices are shown in euros. They do not take into account shipping costs, invoiced in addition, and indicated before order validation. The prices take into account the VAT applicable to the day of the order and any change in the applicable VAT rate will automatically be reflected on the price of the products of the online store. If one or more taxes or contributions, including environmental, were to be created or modified, upwards and downwards, this change may be impacted on the selling price of products.
ARTICLE 10 - MODE DE PAYMENT
This is an order with an obligation to pay, which means that the ordering involves a regulation of the purchaser. To settle the order, the purchaser has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The purchaser guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and delivery in the event of a refusal to pay by credit card from the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who would not have paid a previous order in full or in part or with which a payment dispute is being administered. The payment of the price is made in full on the day of the order, according to the following terms: - Credit card - Paypal - Paypal * 4 - Bank transfer.
ARTICLE 11 - DISPONIBILITY OF PRODUCTS - RESOLUTION
Except in the event of force majeure or during the closing periods of the online store that will be clearly announced on the homepage of the site, the shipping times will, within the limits of the available stocks, be those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. For deliveries in Metropolitan France and Corsica, the deadline is 7 Days from the day after the day when the buyer placed his order, according to the following terms: By Colissimo, Mondial Relais or DPD France. The deadline will be 30 working days after the contract is concluded. For deliveries in DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis. In the event of non-compliance with the agreed date or delivery time, the buyer must, before breaking the contract, direct the seller to execute the contract within a reasonable additional time. In the absence of execution at the expiry of this new period, the buyer may freely break the contract. The buyer will have to perform these formalities by registered letter with acknowledgement of receipt or by writing on another sustainable medium. The contract will be considered to be resolved at the receipt by the seller of the letter or writing the informant of this resolution, unless the professional performed in the meantime. The purchaser may, however, immediately resolve the contract, if the dates or deadlines mentioned above constitute an essential condition of the contract. In this case, when the contract is resolved, the seller is required to refund the purchaser of all amounts paid, no later than 14 days after the date on which the contract was denounced. In the event of unavailability of the ordered product, the purchaser will be informed as soon as possible and will be able to cancel the order. The buyer will then have the choice to claim either the refund of the amounts paid within 14 days of their payment or the exchange of the product.
ARTICLE 12 - DELIVERY MODALITIES
Delivery refers to the transfer to the consumer of physical possession or control of the property. The products ordered are delivered in accordance with the terms and time specified above. The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. Any parcels returned to the seller because of an erroneous or incomplete delivery address will be returned to the buyer's fees. The purchaser may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the purchaser is absent on the day of delivery, the delivery will leave a notice of passage in the mailbox, which will allow to remove the parcel at the place and time specified. If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If damaged, the purchaser must absolutely refuse the parcel and note a reservation on the delivery slip (colis refused because opened or damaged). The purchaser must indicate on the delivery voucher and in the form of manuscript reserves accompanied by its signature any The purchaser must indicate on the delivery voucher and in the form of hand-written reserves accompanied by its signature any anomaly concerning the delivery (avarie, product missing from the delivery voucher, damaged parcels, broken products...). This verification is considered to be performed once the purchaser, or a person authorized by him, has signed the delivery form. The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after the receipt of the item(s) and forward a copy of this mail by fax or simple mail to the seller to the address indicated in the legal notices of the site. If the products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made out of this period may not be accepted. The return of the product can only be accepted for products in their original condition (packing, accessories, instructions...).
ARTICLE 13 - DELIVERY
The purchaser must formulate with the seller the same day of delivery or no later than the first business day after delivery, any claim for error of delivery and/or non-compliance of the products in kind or in quality with respect to the indications on the order form. Any claim beyond this period will be rejected. The claim may be made, at the buyer's choice: - by telephone to the following number: 09 88 99 36 13; - by e-mail to the following address: Reclamation@lesbondemandy.fr. Any claim not made in the rules defined above and within the specified time limits shall not be taken into account and shall release the seller from any liability to the buyer. Upon receipt of the claim, the seller will assign an exchange number of the product(s) concerned and send it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number. In the event of an error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommended, at the following address: SAS The Mandy 190 candy Impasse of the fountain of the 24600 Allemans. Return costs are borne by the seller.
ARTICLE 14 - GUARANTEE OF PRODUCTS
14-1 Legal Compliance Guarantee The seller is responsible for the conformity of the property sold to the contract, allowing the purchaser to make an application under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code. In the event of the implementation of the legal guarantee of compliance, it is recalled that: - the purchaser has a period of 2 years from the grant of the property to act; - the purchaser may choose between repair or replacement of the property, subject to the cost conditions provided for in article L. 217-17 of the code of consumption; - the purchaser does not have to demonstrate the non-compliance of the property within 24 months in the case of new property (6 months in the case of used property), following the issuance of the property. 14-2 Legal guarantee of hidden defects In accordance with articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the purchaser to prove that the defects existed at the sale of the property and are likely to render the property unfit for the use to which it is intended. This guarantee must be implemented within two years of the discovery of the vice. The buyer may choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
ARTICLE 15 - RIGHT TO RETRACTATION
Application of the right of withdrawal In accordance with the provisions of the Consumer Code, the purchaser has 14 days from the date of delivery of the order, to return any item that is not suitable to him and to request exchange or refund without penalty, with the exception of the return fees that remain at the expense of the purchaser. Returns are to be made in their original and complete condition (package, accessories, instructions...) allowing their remarketing in the new state, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not recovered. The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a sustainable support will be immediately communicated to the buyer. Any other form of withdrawal declaration is accepted. He must be deprived of ambiguity and express the will to withdraw. In the event of the exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery fee shall be refunded. The return fee is at the expense of the buyer. The exchange (subject to availability) or the refund will be made within 7 Days, and no later than 14 days from the receipt by the seller of the goods returned by the buyer under the conditions provided above. Exceptions According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: - the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; - the supply of goods made according to the specifications of the consumer or clearly customized; - provision of goods that may deteriorate or perish quickly; - provision of goods that have been sealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection; - the supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles; Download the PDF form Complete and send the form online
ARTICLE 16 - FORCE MAJOR
Any circumstances beyond the will of the parties preventing the performance under normal conditions of their obligations are considered to be causes of exemption from the obligations of the parties and result in their suspension. The party who invokes the above circumstances must immediately notify the other party of their occurrence and of their disappearance. Any irresistible facts or circumstances outside the parties, unpredictable, unavoidable, unavoidable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonable efforts. In an express way, are considered as a case of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stopping telecommunications networks or difficulties specific to the external telecommunications networks to customers. The parties will be closer to examining the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure case lasts more than three months, these general conditions may be terminated by the injured party.
ARTICLE 17 - INTELLECTUAL PROPERTY
The content of the website remains the property of the seller, the sole holder of intellectual property rights on this content. Buyers undertake not to use this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
ARTICLE 18 - INFORMAL AND FREEDOMS
The nominal data provided by the purchaser are necessary for the processing of his order and for the preparation of invoices. They may be communicated to vendor partners responsible for the execution, processing, management and payment of orders. The processing of information provided through the lebonsdemandy.fr website was the subject of a statement to the CNIL. The buyer has a right of permanent access, modification, rectification and opposition with respect to the information concerning him. This right may be exercised under the conditions and terms defined on the site lesbonsdemandy.fr
ARTICLE 19 - NON-VALIDATION PARTIELLE
If one or more stipulations of these Terms and Conditions are held for invalid or declared as such under a law, by-law or following a final decision of a competent court, the other stipulations shall retain all their strength and scope.
ARTICLE 20 - NON-RENONCIATION
The fact that one of the parties does not avail itself of a breach by the other party to any of the obligations referred to in these Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 21 - PART
In the event of a difficulty of interpretation between any of the titles in the head of the clauses, and any of the clauses, the titles will be declared non-existent.
ARTICLE 22 - LANGUAGE OF THE CONTRAT
These general conditions of sale are in French. In the event that they are translated into one or more foreign languages, only the French text would be credible in the event of a dispute.
ARTICLE 23 - MEDIA AND LITIGATION
The purchaser may use conventional mediation, such as the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution (e.g., reconciliation) in the event of a dispute. The names, contact information and e-mail address of the mediator are available on our website. In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up a platform for the Online Litigation Regulation, facilitating the extrajudicial settlement of online disputes between consumers and professionals of the European Union. This platform is accessible to the following link:https://webgate.ec.europa.eu/odr/.
ARTICLE 24 - LOI APPLICABLE
These general conditions are subject to the application of French law. The competent court is the court. It is so for substantive rules as for formal rules. In case of litigation or claim, the buyer will address the seller as a priority to obtain a friendly solution. Article 25 - Protection of personal data Data collected The personal data collected on this site are: - opening of account: when creating the user account, its name, first name, e-mail address, telephone number, postal address; - connection: when connecting the user to the website, the user registers, in particular, his name, first name, login data, use, location and payment data; - profile: the use of the services provided on the website allows to provide a profile, which can include an address and telephone number; - payment: as part of the payment of the products and services offered on the website, the website records financial data relating to the bank account or credit card of the user; - communication: when the website is used to communicate with other members, the user's communications data are temporarily stored; - cookies: cookies are used as part of the use of the website. The user has the option to disable cookies from the browser settings. Use of personal data The purpose of the personal data collected from users is to provide the services of the website, improve and maintain a secure environment. Specifically, the uses are: - access and use of the website by the user; - operation management and website optimization; - organization of the terms and conditions of use of Payment Services; - verification, identification and authentication of data transmitted by the user; - proposal to the user of the ability to communicate with other users of the website; - implementation of user assistance; - personalization of services by displaying advertisements according to the user's browsing history, according to its preferences; - fraud prevention and detection, malware (malicious software or malware) and security incidents management; - management of possible disputes with users; - delivery of commercial and advertising information, depending on user preferences. Sharing personal data with third parties Personal data may be shared with third-party companies, in the following cases: - when the user uses the payment services, for the implementation of these services, the website is in relation to third-party banking and financial companies with which it has contracted; - when the user publishes information accessible to the public in the free comments areas of the website; - when the user authorizes a third party's website to access its data; - when the website uses service providers to provide user support, advertising and payment services. These providers have limited access to the user's data, as part of the performance of these benefits, and have a contractual obligation to use them in accordance with the provisions of the regulations applicable to the protection of personal data; - if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures; - if the website is involved in a merger, acquisition, disposal of assets or judicial recovery procedure, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party. Security and confidentiality The website implements organisational, technical, software and physical measures for digital security to protect personal data from unauthorized alterations, destruction and access. However, it should be noted that the internet is not a fully secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet. Implementation of user rights In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by applying to the following address: contact@LesbonsdeMandy.fr. the right of access: they may exercise their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the user's identity to verify its accuracy. the right to rectification: if the personal data held by the website are inaccurate, they may request the update of the information. the right to delete data: users may request the removal of their personal data in accordance with applicable data protection laws. the right to limitation of processing: Users may request the website to limit the processing of personal data in accordance with the assumptions provided by the GDPR. the right to object to the processing of data: users may object to the right to object to the processing of data: users may object to the processing of data in accordance with the assumptions provided by the GDPR. the right to portability: they may request that the website provide them with the personal data provided to them to pass them to a new website. Evolution of this clause The website reserves the right to make any changes to this Privacy clause at any time. If an amendment is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new drafting of the personal data protection clause, it has the option to delete its account