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Legal notices and contact details of the seller: Le Comptoir de Toamasina 12 rue des alpes 59840 Premesques
General conditions applicable from 04/01/2014 Cancel and replace the previous ones if necessary.
PREAMBLE: These general conditions of sale are concluded between the seller (See legal notices) and any person wishing to make a purchase via this website, hereinafter, the buyer. By validating his order, the Customer declares to accept without reservation the terms thereof as well as all of these general conditions of sale and declares having the capacity to conclude a contract with the seller.
1- OBJECT These conditions of sale aim to define the contractual relations between the seller and the buyer as well as the conditions applicable to any purchase made through this merchant site. These conditions of sale will prevail over any other general or specific conditions not expressly approved by the seller. The seller reserves the right to modify its general conditions of sale at any time without notice: the applicable conditions will be those in force on the date of the order by the buyer. The photos are not contractual.
2- CHARACTERISTICS OF THE GOODS AND SERVICES OFFERED The products or services offered are those presented on this merchant site and which are accompanied by a detailed description, the products you buy individually, the weight is not given indicative, on an average of 1000 units. Le Comptoir de Toamasina declines all responsibility for weight when the product is purchased individually. For products purchased by the kilo or by the gram, the Comptoir de Toamasina delivers the given quantity. These products and services are offered while stocks last and as long as they are visible on the site. In case of unavailability of the product or service after placing the order, the seller will inform the buyer by email: the order will be automatically canceled and no debit will be made.
3- RATES The prices shown on this merchant site are understood to include all taxes (VAT + other applicable taxes) excluding processing and transport costs which are applied and detailed when ordering. The seller reserves the right to modify its prices at any time: products and services are invoiced on the basis of the prices in force at the time of validation of the order subject to availability. THE PRODUCTS REMAIN THE PROPERTY OF THE SELLER UNTIL THE FULL PAYMENT OF THE PRICE.
As a self-employed person: "VAT is not applicable under article 293B of the CGI"
4 - GEOGRAPHICAL AREA The online sale of products and services presented on this site is reserved for buyers who reside in France and for deliveries required in this geographical area.
5- ORDERS The buyer who wishes to buy a product or service online via the site must follow the online order process which includes an identification phase, a verification and validation phase of the products and services chosen, a phase of payment under the conditions provided and a confirmation phase of the order and payment. The confirmation of the order entails the acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation to take advantage of its own conditions of purchase or other conditions. All the data provided as well as the recorded confirmation will constitute proof of the transaction. The seller will send confirmation of the recorded order by email, which will constitute acceptance of the order.
6- PAYMENT The price is due when ordering. Online payments are made using a secure system so that no third party can have access to the data transmitted on this occasion. Debits are only made when the order is dispatched.
7 - DELIVERY Deliveries are made to the address indicated in the order form within the geographic limit specified above. THE RISKS ARE THE RESPONSIBILITY OF THE PURCHASER WHEN THE ORDER LEAVES THE SELLER'S PREMISES. Any protest relating to damage occurring during transport must be made by reasoned complaint, a copy of which will be sent to the seller, from the carrier, within three days of delivery. Delivery times are given for information only and include processing, routing and shipping. The buyer has the right to cancel in the event of a delay of more than 7 days, the reimbursement of products or services and outward costs taking place upon receipt of the return of the complete order in its original state. The seller disclaims all responsibility in the event of non-performance of the contract due to force majeure (strike, fire, flood ...).
8- WITHDRAWAL Non-professional buyers benefit from a withdrawal period of 14 days from the delivery of their order to return the product to the seller (redirection costs at their expense) for exchange or refund without penalty. Returns must be made in the complete original state (packaging, accessory, manual, etc.) allowing them to be re-marketed in new condition and accompanied by a copy of the purchase invoice. This right does not apply to immediately reproducible unsealed products and to personalized products on request.
9- GUARANTEES All the products and services provided benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance, it may be returned to the seller, who will take it back, exchange it or reimburse it. All complaints, requests for exchange or reimbursement must be made according to the methods specified on the site, with reasoned complaint and copy of the invoice, within thirty days of delivery.
10- RESPONSIBILITY The seller, in the online sales process, is only bound by an obligation of means. Its responsibility could not be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus breakdown of the service or other involuntary problems, as well as any fact qualified as force majeure. The photographs accompanying the products are provided for illustrative purposes but cannot ensure perfect similarity, particularly with regard to colors. In case of doubt or for any additional information, it is advisable to contact the seller.
11- PERSONAL INFORMATION Personal information is necessary for order management and commercial relations. In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a nominative nature relating to buyers may be subject to automated processing. Users have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978.
12- INTELLECTUAL PROPERTY All the elements of this site are and remain the exclusive intellectual property of the seller. Only use for private use is authorized. Any partial or total reproduction of all or part of the elements appearing on this site is prohibited.
13- SETTLEMENT OF DISPUTES These general conditions of sale are subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
14-Condition of Return: In the context of a distance sale, by correspondence or online by internet, the consumer who changes his mind must exercise his right of withdrawal within 14 days without having to justify reasons or to pay penalties, except, where applicable, return costs. This withdrawal period of 14 days, established by Hamon law (the deadline being 7 days before this law), is applicable to contracts concluded since June 14, 2014.
The period starts to count:
receipt of the package when the purchase concerns a good;
acceptance of the offer when the purchase concerns a service.