Le Comptoir de Toamasina

Terms and Conditions of Sale

Applicable from 01/04/2014 — supersede and replace any previous versions where applicable.

Legal information and seller's contact details: Le Comptoir de Toamasina, 12 rue des Alpes, 59840 Prémesques (France).

Preamble: These general terms and conditions of sale are agreed between the seller (see legal information) and any person wishing to make a purchase via this website, hereinafter referred to as the buyer. By validating their order, the Customer declares to unconditionally accept its terms as well as the entirety of these general terms and conditions of sale, and declares to have the legal capacity to enter into a contract with the seller.

1. Purpose

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 shall prevail over any other general or special 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. Photographs are non-contractual.

2. Characteristics of goods and services

The products or services offered are those presented on this merchant site and are accompanied by a detailed description. For products purchased per unit, the weight is given as an indication only, based on an average of 1000 units. Le Comptoir de Toamasina declines any responsibility regarding the weight when the product is bought by the unit.

For products purchased by the kilo or gram, Le Comptoir de Toamasina delivers the specified quantity. These products are offered within the limits of available stocks. In the event of product unavailability after placing an order, the seller will inform the buyer by email: the order will be automatically canceled, and no debit will be made.

3. Prices

Prices listed on this site include all taxes (VAT + other applicable taxes) excluding processing and shipping costs, which are applied and detailed during the order process.

The seller reserves the right to modify its prices at any time: products are invoiced on the basis of the rates in force at the time of order validation, subject to availability. Products remain the property of the seller until full payment of the price is received.

4. Geographical area

The online sale of products presented on this site is reserved for buyers residing in France and other specified countries during checkout, for deliveries required within those geographical zones.

5. Orders

The buyer wishing to purchase a product online must follow the ordering process, which includes an identification phase, a verification and validation phase, a payment phase under the provided conditions, and an order and payment confirmation phase.

Order confirmation entails acceptance of these conditions of sale. All provided data and the recorded confirmation will serve as proof of the transaction. The seller will send confirmation of the registered order by email.

6. Payment

The price is due upon ordering. Online payments are made via a secure system ensuring no third party can access the transmitted data. Debits are made either upon shipment of the order or upon immediate validation, depending on the payment provider.

7. Delivery

Deliveries are made to the address specified on the order form. Risks are borne by the buyer once the order has left the seller's premises.

Any protest relating to damage incurred during transport must be filed via a motivated claim with the carrier (with a copy sent to the seller) within three days of delivery. The buyer has the right to cancel in the event of a delay exceeding 7 days, with refunds processed upon receipt of the returned full order in its original condition. The seller disclaims any liability for non-performance of the contract due to force majeure (strike, fire, flood...).

8. Right of withdrawal

Non-professional buyers benefit from a 14-day cooling-off period from the delivery of their order to return (return shipping costs at their expense) the product to the seller for exchange or refund without penalty.

Returns must be made in their complete original condition (packaging, accessories, instructions...) allowing them to be resold as new. This right does not apply to unsealed perishable goods or custom-made products.

9. Warranties

All products benefit from the legal warranty provided by French law. In case of non-conformity, the product may be returned to the seller, who will take it back, exchange it, or refund it. All claims must be made within thirty days of delivery.

10. Liability

The seller is only bound by an obligation of means in the online sales process. Liability cannot be incurred for damage resulting from the use of the Internet, such as data loss, intrusion, viruses, or service breakdown.

Photographs accompanying the products are illustrative and cannot ensure perfect similarity, particularly regarding colors.

11. Personal data

Personal information is necessary for order management and commercial relations. In accordance with French law (Informatique et Libertés), users have the right to access and rectify data concerning them.

12. Intellectual property

All elements of this site are and remain the exclusive intellectual property of the seller. Any partial or total reproduction of the elements appearing on this site is strictly forbidden.

13. Dispute resolution

These general conditions of sale are subject to French law. The language of this contract is French. In the event of a dispute, French courts will have exclusive jurisdiction.

14. Return conditions

In the context of distance selling, the consumer who changes their mind must exercise their right of withdrawal within 14 days, without having to justify reasons or pay penalties, except for return shipping costs (Hamon Law applicable since June 14, 2014).

The period begins from:

  • the receipt of the parcel when the purchase involves goods;
  • the acceptance of the offer when the purchase involves a service.

For any questions regarding these terms, please contact us at info@lecomptoirdetoamasina.fr.