General Terms and Conditions
This English translation of our General Terms and Conditions is provided for guidance only.
ARTICLE 1: ACCEPTATION OF GENERAL TERMS AND CONDITIONS
By completing an order form and confirming it by clicking on the “Place order” button, the user fully and unconditionally acceptsthe present General Terms and Conditions, which are those applicable to the contract thus formed
ARTICLE 2: CONFIRMATION OF ORDER AND FORMATION OF CONTRAT
The invitation to buy the products included in the Site is not legally considered a permanent offer. Thus the formation of a contract for sale is not concluded until after the bank’s confirmation of payment and S.A.S Debauve et Gallais’ confirmation email.
Moreover S.A.S Debauve et Gallais reserves the right to not record a payment and thus not to confirm an order for whatever reason, in particular when this arises from a problem of supply, a problem concerning the receipt of the order or a foreseeable problem regarding delivery. The user may not cancel his or her order
ARTICLE 3: GENERAL OBLIGATIONS OF THE PARTIES
3.1 Obligations of S.A.S Debauve et Gallais
S.A.S Debauve et Gallais undertakes, upon confirmation of an order, to sell and deliver to the user (the“Customer”) or to the person duly designated by the Customer, the products (the“Products”) ordered by the Customer.
3.2. Obligations of the user (the Customer):
The Customer undertakes to complete the order form accurately and to provide S.A.S Debauve et Gallais with an address to which the delivery may be made during working hours. The Customer undertakes to pay the stipulated price and if applicable, to pay or have paid directly to the carrier or other conveyor, any Customs charges, VAT, or other taxesthat may be due upon the import of the Products to the country of delivery. In addition, the Customer undertakes to refrain from reselling the Products.
ARTICLE 4: DIVERSE PROVISIONS
The price indicated in the order confirmation from S.A.S Debauve et Gallais (the “Price”) is the definitive price. The price includes VAT for deliveries within mainland Franceand excludes VAT for deliveries beyond mainland France. The Priceincludes the price of the Products, handling costs, packaging and transport.
The Price is given in Euros, any sums expressed in other currencies are purely indicative. Payment for the Products may only be made only by bank card and the Customer’s card will be debited in Euros at the time of the confirmation of the order by S.A.S Debauve et Gallais. A receipt may be issued by S.A.S Debauve et Gallais at the express request of the Customerand subject to the provision of an address to which the receipt may be sent.
As the Products are artisanally madein varying quantities, they are never available in unlimited supply at any particular time. Therefore, in the interests of always supplying Products of the highest quality, S.A.S Debauve et Gallais reserves the right not to confirm an order for this reason. In the case of non-availability of a product, the Company will advise the Customer by email prior to confirming the order and will give an approximate resupply date, which the Customer must expressly accept or decline. If the Customer declines, S.A.S Debauve et Gallais will not confirm the order and will immediately cancel the payment
4.3. Transport – Delivery–Delivery Times:
Products are delivered during working hours to the address indicated in the order. Should the consignee or other person able to take possession of the Products be absent at the time of delivery, the carrier will leave a note at the address indicated by the Customer inviting the Customer to collect their Products. In no circumstances may S.A.S Debauve et Gallais be held responsible for any deterioration of the Products in the event of failure to collect or late collection by the Customer of the Products from the carrier.
4.4. Risk Transfer:
The transfer of risks in respect of the Products occurs when S.A.S Debauve et Gallais hands these over to the carrier: the Products are therefore being transported at the Customer’s risks. We nonetheless call our customers’ attention to the potential risks that may exist, notwithstanding our protective packaging, of our Products, which are fragile in nature, being transported during hot periods.
4.5. Reservations upon Product Reception –No Returns–Limited Cases for Refunds/Replacements:
The Customercannot express any reservations upon delivery of the Products in respect of their taste, freshness, or appearance. The Customer may express reservations in respect of delivery that does not conform to the order, or in cases where the packaging containing the Products has been seriously damaged. In the former instance the Customer must contact us within 12 hours by E-mail. In the second instance the Customer must express the reservations in writing to the carrier during delivery or at the latest 12 hours after the delivery. A copy of the reservations expressed must be sent to S.A.S Debauve et Gallais (by electronic mail or fax) at the latest 12 hours after the reservations have been expressed. It is the Customer’s responsibility to provide to S.A.S Debauve et Gallais, along with this documentation, confirmation by the carrier of the reality of these reservations.
No returns of our Products will be accepted. If the above procedure has been followed, and if it is thus proven that the reservations are due to the fact that the packaging and the Products have been seriously damaged, S.A.S Debauve et Gallais will choose, at its discretion, to reimburse to the Customer the price paid, or to provide new delivery of Products.
4.6. Guarantee – Limitation
S.A.S Debauve et Gallais guarantees that the Products that it hands over to the carrier are of excellent quality and recent manufacture. No other express or tacit guarantee is made. In particular S.A.S Debauve et Gallais cannot guarantee that the Products will meet the Customer’s specific expectations.
4.7. Responsibility – Limitation of Responsibility
The Customer is solely responsible for the choice of Products, their storage following delivery and their usage. S.A.S Debauve et Gallais, being required only to respect French regulations in respect of the Products, cannot be held responsible for any failure to respect or comply with the legislative or regulatory provisions in force in the country of delivery.
ARTICLE 5: INVALIDITY – FORCE MAJEURE ; APPLICABLE LAW- COMPETENT COURTS
Should any of the present General Terms and Conditions be declared inapplicable, or be invalidated for whatever reason, this invalidity or inapplicability shall not affect the application or validity of other provisions of the General Terms and Conditions, the provision that has been invalidated or judged inapplicable being replaced by the provision that is as similar as possible. Neither S.A.S Debauve et Gallais nor the Customer shall be held responsible for any failure to execute of which the originis a case of force majeure, outwith their control, notably includingbut not limited toinstances of war, riot, uprising, transport interruption, problems of import or export, strike, lock-out, shortage, fire, earthquake, storm, flooding.
The aforementioned General Terms and Conditions are regulated exclusively by French law. Paris courts are the sole competent legal authorities in respect of any case or claim in respect of the General Terms and Conditions
S.A.S DEBAUVE et GALLAIS
Firm founded in 1800
Supplier to the Former Kings of France
30, Rue des Saints-Pères
Ile de France
Telephone: + 33 1 45 48 54 67
Fax + 33 1 45 48 21 78