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Terms of Sales

GENERAL TERMS AND CONDITIONS OF SALE

Between the company LES FRUITS DE LA MONTAGNE CORSE,
registered under SIRET number 47984855800025,
represented by Mr. Jean-David Sommovigo,
in his capacity as operator, duly authorized for the purposes hereof,

The company can be contacted via email through the contact form available on the homepage of the website.

Hereinafter referred to as the “Seller” or the “Company.”

On the other hand,
The natural or legal person purchasing products or services from the Company, hereinafter referred to as the “Buyer” or the “Client.”

Preamble
The Seller manufactures food and cosmetic products for consumers, marketed through its websites (http://www.lesfruitsdelamontagne.comhttp://www.lesfruitsdelanature.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned websites.

Article 1: Purpose

These General Terms and Conditions of Sale (GTCS) define the rights and obligations of the parties in the context of online sales of Products or Services offered by the Seller.

Article 2: General Provisions

These GTCS govern the sale of Products and Services through the Company’s websites and form an integral part of the contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who accepted them before placing the order.

The Seller reserves the right to modify these GTCS at any time by publishing a new version on its website. The applicable GTCS are those in effect at the time of payment (or the first payment in case of multiple payments) of the order. These GTCS are available on the Company’s website at: Les fruits de la montagne Corse, 1550 route de San Nicolao, 20230 Moriani-Plage.

The Company ensures that acceptance is clear and unequivocal by implementing a checkbox and validation click. The Client declares having read and accepted all of these GTCS and, if applicable, any Special Conditions of Sale related to a product or service, without restriction or reservation.

The Client acknowledges having received the necessary advice and information to ensure the suitability of the offer to their needs. The Client declares that they are legally able to contract under French law or validly represent the person or entity for whom they are acting.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices

The prices of products sold through the websites are indicated in Euros, inclusive of all taxes, and detailed on the product description pages. They are also shown inclusive of VAT and any other applicable taxes on the product order page, excluding shipping costs.

For products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties may be applicable in certain cases. These fees are the responsibility of the Buyer. The Seller invites Buyers to inquire with the relevant local authorities.

The Company reserves the right to modify prices at any time for future orders. Telecommunication costs for accessing the Company’s websites are borne by the Client, as are shipping costs where applicable.

Article 4: Conclusion of the Online Contract

In accordance with Article 1127-1 of the French Civil Code, the Client must follow the steps below to conclude the electronic contract and place an order:

  • Information on the essential characteristics of the Product;

  • Selection of the Product and its options, if applicable;

  • Provision of essential Client information (name, email, address, etc.);

  • Acceptance of these GTCS;

  • Verification of the order details (double-click confirmation) and correction of any errors.

Before confirming the order, the Buyer may review the order, its price, correct errors, or cancel the order. Confirmation of the order constitutes the formation of the contract.

Payment instructions are then followed, and the Buyer receives email confirmation of payment and acknowledgment of the order.

The Client has the ability to correct errors during the ordering process. The language of the contract is French. GTCS and offer details are sent by email to the Buyer and archived on the Seller’s website.

All communications, order details, and invoices are stored on a reliable and durable medium, constituting a faithful and durable copy in accordance with Article 1360 of the Civil Code. These records can serve as evidence of the contract.

For delivered products, shipping is made to the address indicated by the Client. The Client must provide accurate identification details. The Seller reserves the right to refuse an order for abnormal requests, bad faith, or any legitimate reason.

Article 5: Products and Services

The essential characteristics and prices of goods and services are made available to the Buyer on the Company’s websites, along with usage instructions where applicable. In accordance with Article L112-1 of the Consumer Code, the consumer is informed of prices and special conditions before concluding the sale.

The total amount due is indicated on the order confirmation page. The sale price is that in effect at the time of order, excluding shipping fees, which are added during the purchase process. The Seller reserves the right to modify prices at any time but guarantees the price shown at the time of order.

For products not immediately delivered, clear information on delivery dates is provided. The Buyer confirms having received details of delivery costs, payment methods, and the Seller’s identity and contact information.

Orders are fulfilled subject to product availability. If unavailable, the Seller will inform the Client. If the order has been placed and no agreement on a new delivery date is reached, the Seller will refund the Client.

Illustrations or photos of products are non-contractual. The duration of product offers and prices is specified on the websites. Unless stated otherwise, rights granted by these GTCS are only for the individual placing the order.

Article 6: Compliance

Products and services comply with applicable safety and consumer protection regulations. The Seller remains responsible for defects in conformity and hidden defects under applicable law.

Article 7: Retention of Title

Products remain the property of the Company until full payment is received.

Article 8: Delivery Terms

Products are delivered to the address provided by the Client within the indicated time frame, excluding order preparation time. Risk of loss or damage passes to the Client upon physical possession.

Article 9: Availability

If an item is unavailable for more than 30 business days, the Client will be informed and may cancel the order or request a refund.

Article 10: Payment

Payment is due immediately upon order, including pre-orders. Payment can be made by credit card or bank check. International cards must be Visa or Mastercard. Online payment is secure.

Article 11: Right of Withdrawal

The Buyer has 14 days from receipt of the order to withdraw, except for food products. Return shipping is the Client’s responsibility.

Article 12: Guarantees

The Seller guarantees compliance and covers hidden defects under French law. Consumers have a 2-year period to claim under these warranties.

Article 13: Complaints and Mediation

The Buyer may submit complaints to the Company and, if unresolved within two months, refer the dispute to a consumer mediator.

Article 14: Contract Termination

The Buyer may terminate the contract in cases of non-compliance, delayed delivery, or unjustified price increase.

Article 15: Intellectual Property

All intellectual property, including trademarks, domains, images, videos, and text, remains the exclusive property of the Seller. Unauthorized use is prohibited.

Article 16: Force Majeure

The Seller is not liable for failure to perform due to force majeure events.

Article 17: Invalidity and Modification

If any provision is invalid, the rest remain in effect. Contract modifications must be in writing and signed.

Article 18: Data Protection

The Seller processes personal data for order fulfillment in compliance with EU Regulation 2016/679 (GDPR). Clients have rights to access, correct, delete, or limit processing of their data. No automated decisions or profiling are used.

Article 19: Governing Law

All transactions are subject to French law. Invalidity of a clause does not affect the remainder of these GTCS.

Consumer Rights Reference

Relevant Civil and Consumer Code articles are reproduced for informational purposes, including rights related to hidden defects, conformity, and warranties.

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