Terms and conditions

Article 1 - Scope

 

PREAMBLE
 

These general conditions of sale apply to any order placed by a customer having connected (hereinafter the Customer) to the Internet store of the site www.bydehesa.com (hereinafter referred to as the Site).

DEFINITIONS:

The following words will have the following meaning in the context of these presents:

- Eshop or Internet store: designates the By DEHESA Internet site on which the Products are presented and sold to customers.

Order: refers to the sales contract concluded between the Gold Gate company and the customer of the By DEHESA Internet store.

Product sheet: refers to the classified information concerning a product provided by the Gold Gate company when the said product is put on sale in its internet store.

Products: refers to all the goods and services offered for sale by the company Gold Gate in its internet store.

Service: refers to the sale of Products by Gold Gate to customers of its Internet Store.

Transaction: refers to all operations, secure processing, authorizations and agreements inherent in the payment of the price of Products ordered by credit card.


Article 2 - Purpose

The purpose of these General Conditions of Sale is to define the terms and conditions under which Gold Gate offers and sells its Products to its customers.
These general conditions of sale will prevail over all other conditions appearing in any other document, except prior exemption, express and written.

Article 3 - Terms of use

The Customer is invited to accept the application of these general conditions of sale to his order to validate it. Its acceptance constitutes its full, entire and unreserved acceptance of the content thereof.

The Customer is informed that the company Gold Gate, the Seller, reserves the right to modify unilaterally, without prior information and at any time the content of these general conditions of sale. He is therefore invited to consult them regularly in order to be aware of any possible changes.

The Customer will be subject to the general conditions of sale in force on the day he places his order.

Article 4 - Order

Each order constitutes a sales contract of which the parties are the Customer and the Company GOLD GATE, domiciled at ZI de la Porte des Loges, rue de la Croix Blanche, 78350 Les Loges en Josas, France, registered in the Trade and Companies Register de Créteil under number 817 943 434 acting as seller (hereinafter referred to as the Seller).

The pages of the Site present the products available for sale. The photographs of the products offered on the Site are only illustrative and in no way constitute a contractual commitment of the Seller towards the Customer. In addition, all the products marketed by the Seller, present in the form of illustrative photographs of the entire range of the By DEHESA brand may or may not necessarily be sold online.

All orders will be executed within the limits of available stocks. In the event of an unavailable product ordered by the Customer, the latter will be informed by the Seller by email and / or by telephone. In this case, the Customer may request the cancellation of his order or the exchange of the product (s) concerned.

The automatic registration systems are considered as proof of the nature, content and date of the Order. The Seller will confirm to the customer the acceptance of his Order by sending a confirmation message to the email address that the latter will have communicated. The sale will not be concluded until the sending of the said order confirmation.


The Seller reserves the right to refuse or cancel any Order from a customer, unilaterally without recourse, in particular in the event of the insolvency of said customer or in the event of a default in payment of the Order concerned or of a previous delivery or a dispute relating to the payment of a previous order.

The mentions indicated by the customer, when entering the information inherent to his Order, bind the latter. The Seller cannot be held responsible for errors made by the customer in the wording of the contact details of the recipient of the Order (delivery address, billing address in particular) and delivery delays or the inability to deliver the Products ordered that these errors could cause.

 

Article 5 - Delivery

 

The delivery of orders is ensured by a subcontractor of the Seller.

The products are delivered to the address indicated by the Customer when ordering. The Customer is required to carry out all the due diligence necessary for the successful completion of the delivery. As such, he is required to provide all the information essential for delivery (exact address, door code, telephone number, etc.). It is up to him to ensure the possibilities and means of access allowing the delivery of the products to the address indicated by him.
In the event of an error in providing this information, the Customer will assume all possible additional transport costs generated by this error.

Under no circumstances can the Seller be held responsible:

  • errors made by the Customer in the delivery information he provided when placing his order,

  • in the event of a possible degradation of the products due to the late receipt of a package due to the absence of the Customer or the person authorized to receive it,

 

For reasons of availability of the Products ordered, an Order may be the subject of several successive deliveries to the customer.

In the event that the customer would like the Products ordered to be delivered to two separate addresses, the latter should place two separate Orders.

 

In the event of a delivery delay exceeding seven days, the Customer may, if he wishes, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgment of receipt. This right must however be exercised within sixty working days from the delivery date initially provided for in the contract.

Article 6 - Complaints

 

Upon receipt of the Products ordered, the Customer must verify the proper use of the goods delivered, and will be aware of their consumption and storage conditions appearing in the instructions for use provided to them.

The Seller declares to have taken all the necessary precautions in the packaging and shipping of orders in order to preserve the perfect conservation of the products.

The Customer will have a period of twenty-four hours after receipt of the order to make the following complaints under the conditions set out below:

  • the damage observed on receipt of the order package must be immediately entered by the Customer on the delivery note or the form provided for this purpose from the subcontracting carrier;

  • in the event of damage observed inside the package of the order, the Customer must immediately report them to the Seller by sending his sales department a full descriptive email including photos to the following address: contact@bydehesa.com ;

  • the Customer must also mention any missing goods in the package of his order.

In all three cases, the Seller will study the subject of the complaint, conduct an investigation and do everything in its power to provide the Customer with a repair solution if necessary.
 

 

Article 7 - Withdrawal

 

The Customer recognizes and accepts without reservation that the products that can be ordered on the Site are likely to deteriorate or expire quickly. As a result, orders placed on the Site cannot be subject to withdrawal as provided for in Article L121-20 et seq. Of the Consumer Code.

 

Article 8 - Liability

 

The Seller recommends to the Customer:

  • to make an exclusively personal consumption of the products of his order;

  • to comply with its advice on the consumption and conservation of products from their delivery;

  • not to consume the products beyond the use-by date appearing on the labeling given their perishable nature.

If the Customer fails to comply with these recommendations, he cannot hold the Seller responsible for any resulting damage.

Furthermore, the Seller cannot commit to the Customer that his products will completely meet his personal taste expectations.

The Customer undertakes to pay upon receipt, all present and future taxes, duties, taxes and other charges due for the delivery of the said products themselves, in particular for sale outside French territory; the seller's joint and several liability cannot at any time be engaged in this respect.

 

The Customer acknowledges that these general conditions of sale are also valid for an order that he would place on behalf of others. In this case, he cannot hold the Seller responsible for any possible damage constituting a breach of these general conditions of sale. This concerns damage affecting both the products and the recipient of an order made on behalf of others.

Article 9 - Price

 

The price is expressed in euros (€).

The price indicated does not include the costs inherent in transport.

The price indicated in the Order confirmation is the final price expressed inclusive of all taxes and including VAT. This price includes the price of the Products, the costs of handling, packaging and conservation of the Products, the costs of transport and commissioning.

Article 10 - Personal data

In order to process his order under the best possible conditions, the Customer is required to provide the Seller with a set of personal data concerning him. This information is collected for administrative and commercial purposes and is subject to computer processing.

In accordance with the law "Informatique et Libertés" of January 6, 1978 amended in 2004, the Customer is informed that he has the right to access, query, modify, rectify and delete personal data He can exercise this right by sending an email to contact@bydehesa.com

Article 11 - Guarantee and recourse

In all cases, the Seller cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country. The Seller's liability is systematically limited to the value of the Product in question determined on the date of its sale, without the possibility of recourse to the brand or the company distributing the product.

In any event, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 and following of the Civil Code.

The customer can contact customer service by phone at 06 69 18 32 32 or by email at contact@bydehesa.com.

 

Article 12 - Applicable law and competent jurisdiction

In the event of a dispute between the Seller and the Customer of any nature whatsoever, the latter both have a period of one month from its occurrence to attempt to resolve it amicably. If they cannot find an amicable solution, the dispute may be submitted to French law before the competent court with regard to the New French Code of Civil Procedure. Any document, any tangible information from the Site constitutes valid proof that can be produced during the procedure.