Terms of Sales

TERMS AND CONDITIONS OF SALE

Preamble

Before placing an order on the site www.provencalbox.com, the Customer is invited to consult these general conditions of sale as well as that the privacy policy.

Article 1 – Definitions

Within the framework of these general conditions of sale, them following terms, starting with a capital letter, or written in capitals, used at singular or plural, shall have the meaning defined below :

« PROVENCAL BOX or the "Seller" : designates the Company OREXI SASU “PROVENCAL BOX”, SAS with capital of 1.000 €, registered with the RCS of SALON DE PROVENCE under the number 982 109 670, whose registered office is located 828 Bis Chemin des Gibertes and Vignes de Rima – 13580 LA FARE LES OLIVERS.

« Products » : designates the products which are sold by PROVENCAL BOX on the Site and which are likely to be the subject of an Order by a Customer.

« Site » : means the website www.provencalbox.com which is published by PROVENCAL BOX and on which Customers can order the Products.

« Client » : refers to the consumer customer, i.e. a natural person who places an Order for one or more Products(s) on the Site for purposes that do not fall within the scope of its commercial activity, industrial, artisanal, liberal or agricultural.

« Visitor » : refers to an Internet user who visits one or more pages of the Site.

« Ordered » : refers to the order with payment obligation for Products placed by a Customer to PROVENCAL BOX from the Site.

« Account » : means the individual account available to any Customer who wishes to place an Order for Products from the Site and on which he can connect with a personal username and password.

« Business day » : means every day of the week from Monday to Saturday with the exception of public holidays or non-working days.

« Business day » : means every day of the week from Monday to Friday with the exception of public holidays or non-working days.

«Calendar day »: refers to all days of the calendar, Monday to Sunday including holidays and non-working days.

« CGV » : refers to these general conditions of sale.

Article 2 – Objet

The purpose of these T&Cs is to define the rights and obligations of the parties in connection with the online sale of Products offered by the Seller to its Customers.

The T&Cs are available on the Site. They are expressly accepted by the Customer prior to any Order. The Customer undertakes to read the T&Cs before placing an Order. The passing Order wins immediate membership, whole and without reserve of the Customer to the GTC.

PROVENCAL BOX reserves the right to modify the T&Cs at any time, the version of GCS applicable to an Order is that in force at the time of confirmation. of the Order by the Customer.

These T&Cs only concern purchases made by the Customers located in metropolitan France (Corsica included) and delivered exclusively in metropolitan France (Corsica included). For any delivery outside metropolitan France, a message should be sent to the address next : [email protected]

PROVENCAL BOX reserves the right to change the list of Products offered on the website, to modify, add or remove Products.

Only persons able to legally contract may order products.

Article 3 – Account

Prior to placing the first Product Order on the site, the Visitor can open an Account.

To do this, he must enter his email address in the registration form and a password will be sent to the email address that he will have informed in order to allow him to access his Account.

Of the that a Customer has placed a first Order for Products on the Site, PROVENCAL BOX will automatically send him on the email address he has provided a password that will allow him to access his Account.

From his Account, he will be able to view his recent orders, enter a delivery and billing address (the information that are mandatory are indicated as such by an asterisk) as well as change your password.

The Customer undertakes to ensure that the information provided is always accurate and up to date.

He engages himself in ensure the confidentiality and security of their username and password password and not to allow a third party to use them. In case of suspicion use of his Account by a third party, he must immediately inform PROVENCAL BOX.

Article 4 - Ordered

The Customer who has or does not have an Account can place an Order of one or more Products.

In accordance with the legislation in force, the sale of alcoholic beverages to minors under the age of 18 years is prohibited, when the Customer places an Order containing such Products, he confirms having 18 years of age and certifies that the recipient has also 18 completed years.

It is recalled that the abuse alcohol is dangerous for your health. To consume with moderation.

Once he has selected one or more Product(s), the customer has the possibility before definitively validating his Order to check the detail and its total price, to modify it and correct any errors. He will also have to choose the address and the delivery method., and finally confirm payment method.

The Customer guarantees the accuracy of the personal information that he has indicated. The information that is mandatory is mentioned as such with an asterisk.

This information is essential for processing, the management, the confirmation, the delivery and invoicing of the Order of the Customer.

He must then read and accept these T&Cs. by ticking the box provided for this purpose in order to be able to definitively validate his Order and proceed to payment.

The Order will only be processed after validation of the payment of the Products

PROVENCAL BOX reserves the right to refuse or block any Order presenting a character abnormal or incomplete.

Any confirmed Order constitutes a firm and definitive sale.. However, the Customer has a right of withdrawal in accordance with the article 13 from GCS.

For any question relating to the follow-up of an Order, the Customer must send an email to the following address : [email protected].

Code promo “Miramas” : this code offers free delivery exclusively to Miramas and neighboring towns.

Article 5 – Order confirmation

He will receive by email a confirmation of his payment and his Order containing all the contractual information thereof accompanied by the T&Cs.

Article 6 – Evidence of the transaction

Computerized registers, stored in the systems Seller's computers under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium capable of being produced as evidence.

Article 7 – Product Information

The Products governed by these GCS are those which appear on the Seller's Site. They are offered while stocks last. available.

The essential characteristics of the Products that can be the subject of an Order are indicated on the sheet of each Product on the Site.

The photographs of the Products are provided for information only and are not contractual.

Article 8 – Prix

The prices of Products are indicated on the Site in euros, all taxes included and excluding delivery costs.

The Customer is informed of the amount of the delivery costs and the price total of the Order plus the VAT in force on the day of the Order, to later before confirming his Order and proceeding to payment. At no moment, the sums paid cannot be considered as a deposit or installments.

The Seller reserves the right to modify its prices and/or costs of delivery at any time but undertakes to apply the prices in force indicated at the time of the Order, subject to availability on that date.

Article 9 – Payment method

The Customer can take note of the means of payment which are made available at the latest at the start of the Order process.

Payment is made online on the Site by credit card. (Mastercard, Visa ou American Express) : the Customer guarantees that he is well holder of the bank card to be debited.

The Seller uses Stripe online payment services which is a secure and independent platform. The information relating to the Customer's bank card are not transmitted to the Seller.

If the Customer does not enter all the information or inaccurate information or abandon the entry, or in the event of an incident payment, the Order is automatically canceled.

The Seller reserves the right to refuse to honor an Order from a Customer who has not fully or partially paid a Previous order or with which a payment dispute is in progress administration.

Article 10 – Product availability

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the Site. the offers of the Products presented on the Site are valid as long as that they are visible on the Site, in the limit of the available stock.

If the Product is indicated "in stock by 5 days ", the Customer can already order the Product which will be reserved and shipped to him as soon as the Product is received by PROVENCAL BOX. It is suitable in consequence of adding this period of five (5) Calendar Days within delivery.

In case of unavailability of the ordered Product, the Customer will be informed as soon as possible by the Seller by email to the address that he will have communicated to the Seller.

In the event that the Product is in restocking, the Seller will inform the Customer of the new delivery time. If this period of delivery does not suit him or if the replenishment of the Product is not possible, the Customer will then have the choice between modifying his Order or canceling it and be reimbursed.

Article 11 - Delivery

11.1 Terms Delivery

The Products ordered are delivered by Tracked Letter, by Colissimo or Mondial.

The Products are delivered to the address indicated by the Customer when of the order.

11.2 Delivery delay

Delivery times for Products are indicated on the Site at Product sheets, Nevertheless, the delivery period will not take effect until from the validation of the payment of the Order.

Colissimo

From Monday to Sunday (excluding Public Holidays) : any Order passed before 16 hours is delivered within three (3) and five (5) Working days.

Mondial Relay

From Monday to Sunday (except Holidays) : any Order placed before 16 hours is delivered in a period of between four (4) and eight (8) Open days.

It is recalled that the order is considered “past” when validated by the online payment.

11.3 Late delivery

PROVENCAL BOX cannot be held responsible for any defect or delay of delivery due to a case of force majeure, to an event attributable to the Customer, Phone negligence or breach by the Customer of its obligations, notably contact information incomplete or imprecise or unforeseeable and insurmountable of a third party outside the contract.

If the delivery is delayed or hindered due to an event or circumstance under the Customer's responsibility, all costs resulting from this delay will be at his expense.

In case of exceeding the delivery time not attributable to a case force majeure or an event attributable to the Customer, the Customer can solve the contract, under the conditions and according to the procedures indicated in article L216-2 of the Consumer Code. Thereby, he must ask PROVENCAL BOX by registered letter with request for an opinion of receipt or by email to [email protected] to make the delivery within a deadline additional reasonable and in the case where PROVENCAL BOX would not have not made the delivery within this additional period, he can then terminate the contract by registered letter with acknowledgment of receipt or by email to [email protected]. PROVENCAL BOX will then reimburse the Customer for the total amount paid, no later than fourteen (14) following days the date on which the contract was terminated in accordance with article L216-3 of the Consumer Code.

11.4 Absence

Colissimo Home – sans signature

The Order will be delivered directly to your mailbox. If it is not big enough and you are absent, a notice of delivery will be left to you allowing you to choose a new delivery date on the Internet within six (6) Business Days or pick up your package the next day at 3 p.m. at the post office of your choice.
If you do not express a choice, you can then pick up your package at your local post office, within fifteen (15) Calendar Days. After this time, your package will be returned to us.

Colissimo Home – with signature

The Order will be delivered to you against signature. If you are away, a transit advice note will be left for you allowing a new delivery date to be chosen on the Internet within six (6) Business Days or pick up your package the next day at 3 p.m. at the post office of your choice.
If you do not express a choice, you can then recover your package at your local post office, within fifteen (15) Calendar Days. After this time, your package will be returned to us.

Colissimo Point Withdrawal

With Colissimo Point Withdrawal you have several withdrawal methods of your choice to collect your package:

– to the post, you can choose the establishment in which you wish to be delivered (without prior home visit) from 9 000 post offices available everywhere in metropolitan France.
You will be informed of the availability of your package by SMS and email. You can then pick it up within ten (10) Working days. After this time, your package will be returned to us.

– in Pickup relay, you can choose one of 7500 tradespeople proximity to the Pickup network, close to your home, of your place work or vacation, to which you wish to be delivered
You will be informed of the availability of your package by SMS and email. You can then pick it up in the (dix) (10) Days working hours. After this time, your package will be returned to us.

– in Pickup Station locker, you can choose one of 500 automatic withdrawal instructions to make deliver your package. Set up on your route(gare, Metro, parking, shopping centers…) they are accessible 24/7(except instructions subject to the opening hours of shopping malls and transport zones)
You will be informed of the availability of your package by SMS and email. The latter will specify your withdrawal codes allowing you to collect your package for three (3) Working days. After this time, your package will be returned to us.

Mondial Relay

MONDIAL RELAY will make every effort to deliver the packages to an average time of three (3) Business Days from pick-up for a delivery in Relay Point^® in France.

11.5 Reception – damaged packages

The customer must controll in the presence of the carrier the external condition of the package and the condition of the Products.

If at the time of delivery, the original packaging is damaged, torn, open, the Customer must then check the condition of the Products. If they have been damaged, the Customer must imperatively refuse the package and note a reservation on the delivery note (parcel refused because opened or damaged). the Customer must indicate on the delivery note and in the form of reservations handwritten accompanied by his signature any anomaly concerning the delivery (damage, Missing product compared to the delivery note, damaged package, Broken products…).

If the carrier refuses to wait for the complete unpacking of the package to allow the Customer to check the status of products, the Customer must indicate this on the voucher Delivery (refusal by the carrier the possibility of checking the contents of the package).

This verification is considered to have been carried out when the Customer, or a person authorized by him, signed the delivery note.

The Customer must also inform PROVENCAL BOX by email at: [email protected] within a maximum period of 48 time.

If no reservations have been made on the delivery note and when opening the package the Customer finds that the Products are damaged, the Customer must then inform PROVENCAL BOX within 48 hours following the signing of the delivery slip using the following form:https://provencalbox.com/fr/colis-endommage/.

He must imperatively join:

• An exterior photograph of the package with the waybill visible;
• A photograph of the contents of the package where the wedging of the Products is visible;
• A photograph of each Broken product;

11.6 Transfer of risk

The transfer of the risk of loss or damage to the Products will be carried out as soon as the Customer or a third party designated by him physically takes possession of the Products.

Article 12 – Product Warranty

The Seller remains liable to consumer Customers for the legal guarantee of conformity of the Products to the contract under the conditions of article L217-4 and following of the Consumer Code and that relating the hidden defects of the thing sold, under the conditions provided for in items 1641 to 1648 et 2232 of the Civil Code.

Any claim under a legal warranty must be made from the Seller by email at: [email protected].

In accordance with article L217-15 of the Consumer Code, them provisions of articles L217-4, L217-5, L217-12 and L217-16 of the Code of Consumption as well as article 1641 and the first paragraph of article 1648 from Civil Code are fully reproduced below :

Article L217-4

The seller delivers goods in accordance with the contract and is liable for defects of conformity existing at the time of issuance.

He answers also defects of conformity resulting from the packaging, instructions assembly or installation when it has been charged to it by the contract or was carried out under its responsibility.

Article L217-5

The property is in accordance with the contract :

1° If it is specific to the use usually expected of a good similar and, if applicable :

– if it corresponds to the description given by the seller and possesses the qualities that it has presented to the buyer in the form sample or model ;

– if it has the qualities that a buyer can legitimately wait in view of the public statements made by the seller, speak producer or his representative, in particular in advertising or labeling ;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L217-12

The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.

Article L217-16

When the buyer asks the seller, during the course of the commercial guarantee granted to it at the time of the acquisition or repair of movable property, repair covered by the warranty, all period of immobilization of at least seven days is added to the duration of the remaining warranty.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641

The seller is bound by the guarantee for hidden defects of the thing sold which makes it unfit for the use for which it is intended, or who reduce this use so much that the buyer would not have acquired it, or not would have given a lower price, if he had known them.

Article 1648 indentation 1

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Article 13 – Right to retract

In accordance with the provisions of the Consumer Code, the customer has a time limit of fourteen (14) Calendar days from receipt Products to exercise their right of withdrawal, without having to justify reason nor to pay penalties.

The period begins to run the day after receipt of the Products and ends on the expiry of the last day of the period. If this delay expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the next Business Day.

13.1 Terms to exercise the right of withdrawal

To exercise the right of withdrawal, the Customer must before the expiry of the period of fourteen (14) days, informer PROVENCAL BOX, of his decision to withdraw by sending him the model form of withdrawal (which appears in the appendix to the T&Cs and on the Site) or a statement unambiguous.

This information can be provided by email to the following address : [email protected] and PROVENCAL BOX will accuse him of it receipt in the same form or by registered mail with acknowledgment of receipt at the address of the head office of PROVENCAL BOX which is specified at the article 1 as well as in the legal notices of the Site.

From the communication of its decision to withdraw, the Client has another period of fourteen (14) days to return the Products at PROVENCAL BOX.

The cost of returning the Product(s)(s) are the responsibility of Customer.

The Product(s)(s) must/must be returned(s) by the customer in his state, presentation and original packaging, new and in perfect condition accompanied by all possible accessories, instruction manuals and documentation.

In case of depreciation of the Product (abyss, worn, damaged, striped, deformed, signs of wear…) resulting from manipulations other than those necessary to establish its nature, its characteristics and its good functioning, the responsibility of the Customer may be engaged.

13.2 Refund

In case of exercise of the right of withdrawal, PROVENCAL BOX will reimburse the Customer for all sums paid, there including delivery costs (fresh to go) and with the exception of the costs of returns, no later than fourteen (14) days from the date on which it is informed of its decision to withdraw.

It is specified that the reimbursement date may be deferred until the Product concerned is recovered., the date chosen being that of the first of these facts.

The refund will be made using the same means of payment as the one used by the Client for the initial transaction, except with the express consent of the Customer for PROVENCAL BOX to use another means of payment.

Article 14 – Responsibility

PROVENCAL BOX can in no way be held responsible for non-performance, breaches or delay in the performance of one of its obligations arising from these GCS which would be due to a case of force majeure at the meaning of the case law of the French Courts and Tribunals or to an event attributable to the Customer, such as negligence or breach of the Customer's obligations.

PROVENCAL BOX does not guarantee that the Site operates in a manner continuous and error-free and cannot be held liable for damages arising from the use or unavailability of the Site, what is damage is foreseeable, unpredictable, tangible or intangible.

The Customer connects to the Site using his own equipment telecommunications. And it recognizes that display performance and operation of the Site largely depends on the characteristics of its computer and the type of connection to the Internet network. PROVENCAL BOX cannot be held liable for any damages that may result from the use of the Internet network, such as loss of data, intrusion, virus…

PROVENCAL BOX is not responsible for technical incidents that may occur on networks over which he has no control (telecommunication, electricity, bank or other service providers).

Article 15 – Personal data

For complete information on the processing of data at personal character, the Customer is invited to consult the policy of confidentiality of PROVENCAL BOX.

The information that must be entered in order to pass a Order are necessary for the processing of the Order by the Seller. These information is collected, recorded and stored by the seller in accordance with the Data Protection Act of 6 january 1978.

With the exception of third parties whose intervention is necessary for the processing and execution of Orders, in particular those who ensure the delivery of the Products, the Seller undertakes not to communicate to third parties personal data concerning the Customer without his authorization prior.

The Customer has a right of access, rectification, deletion, the portability of personal data concerning him and a right to limit the processing of his personal data.

He can exercise his rights by sending an email to [email protected] Where by registered mail with acknowledgment of receipt to the address of the registered office of the Seller who is specified in the article 1 of the GCS as well as in the mentions site legal.

Article 16 – Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such under any law, of a settlement or following a final decision of a court competent, the other stipulations will retain all their force and scope.

Article 17 Settlement of disputes – Loi applicable

17.1 Amicable resolution

In the event of a dispute or difficulty which may arise between the parties, they undertake to make every effort to seek a settlement amicable.

The initiating party who intends to implement this clause must send the other a registered letter with acknowledgment of receipt or an email, who will have to explain the subject of the dispute. The receiving party must respond in the same form within a reasonable time from the receipt of the letter or email. All of the due diligence that the parties will have to accomplish in order to reach, if necessary, an amicable resolution of the litigation to intervene within thirty (30) clear days from day after the date of receipt of the letter (or email) addressed by the initiating party.

17.2 Mediation

In accordance with EU regulation 524/2013, the Consumer Client, may also contact the portal of the European Commission for the resolution online disputes by accessing the following link :  https://webgate.ec.europa.eu/odr/. The Complaints filed on this platform are transmitted to the organizations of french mediation.

17.3 Law applicable – court of competent jurisdiction

These T&Cs are written in French.. They don't can be interpreted only in their French version.

The T&Cs and orders are subject to French law and in the event of litigation the French courts are the only ones competent.

In the event of failure of the amicable resolution of the dispute and the case mediation, the customer may apply to any competent court of its choice.

ANNEXE : withdrawal form

A l’attention de PROVENCAL BOX – 828 Bis Chemin des Gibertes and Vineyards of Rima – 13580 LA FARE LES OLIVERS.

I ... U.S (*) notify you (*) hereby my/our (*) withdrawal from the contract relating to the sale of the Product(s)(s) ci- underneath :

Ordered on (*) :                                         / received the (*) :

Number of ordered :

Name of (from) consumer(s ) :

Address you (from) consumer(s) :

Signature of (from) consumer(s ) :

Date :

(*) Strike out the unnecessary mention.