Article 1 – Definitions
These General Conditions of Sale (hereinafter the “GCS”) are offered by SAS CAAR, with a capital of € 10,000, company registered in the RCS of Reims under number 824406458 whose headquarters is located at 42 allée du bois, 51500 Ville-en-Selve (hereinafter “Les Petits Plats d’Arthur”).
In the following we will refer to :
- ” Website ” : the website https://www.lespetitsplatsdarthur.com and all its pages.
- “Products” or “Services”: all products (materials) and services (services) that can be purchased or subscribed to on the Website.
- “Seller”: Les Petits Plats d’Arthur, legal or natural person, offering its products or services on the Website.
- “Customer”: the Internet user, private individual or professional, making a purchase of Product(s) or Service(s) on the Website.
- “Consumer”, according to the definition of the preliminary article of the Code of consumption: “any natural person who acts for purposes which do not enter within the framework of his commercial, industrial, artisanal or liberal activity”.
The Internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before proceeding with an order on the Website.
The Customer acknowledges having read the GTC and accepts them in full and without reservation.
Article 2 – Application of the T&Cs and purpose of the Website
The Seller reserves the right to modify the GTC at any time by publishing a new version of the latter on the Website. The GTC applicable to the Customer are those in force on the day of his order on the Website.
This website offers the online sale of handmade, gluten-free, lactose-free, palm oil-free, additive-free, and preservative-free ready-cooked dishes in glass jars.
The Website is freely accessible to all Customers. The acquisition of a Product or a Service implies the acceptance, by the Customer, of the entirety of the present GTC, who acknowledges by the same token having fully understood them.
This acceptance may consist, for example, for the Customer, in checking the box corresponding to the sentence of acceptance of the present GTC, having for example the mention “I acknowledge having read and accepted all the general conditions of the Website”. The fact of checking this box will be considered to have the same value as a handwritten signature by the Customer.
Acceptance of these GTCs implies that the Customer has the legal capacity to do so. If the Customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorization of a guardian, curator or legal representative.
The Customer acknowledges the value of proof of the Seller’s automatic recording systems and, unless he/she provides proof to the contrary, renounces the right to contest them in the event of a litigation.
Article 3 – Creation of a customer account
The creation of a “customer account” is a mandatory prerequisite to any order from the Customer on this Website. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. In this respect, the Customer agrees to provide correct information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in case of change. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided. The Customer registered on the Website can access it by logging in with his identifiers (e-mail address defined during registration and password) or possibly by using systems such as third-party social network connection buttons. The Customer is fully responsible for the protection of the password he/she has chosen. He is encouraged to use complex passwords. If the Customer forgets a password, he/she has the option of generating a new one. This password guarantees the confidentiality of the information contained in the “my account” section and the Customer shall therefore abstain from transmitting it or communicating it to a third party. Otherwise, the Seller shall not be held responsible for unauthorized access to a Customer’s account. The customer account allows the Customer to consult all his orders made on the Website. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Seller shall not be held liable, as this information has no evidential value but is solely for information purposes. The pages relating to the customer account are freely printable by the customer holding the account in question but do not constitute proof, they are only for information purposes and are intended to ensure the efficient management of orders or contributions by the customer.
Each Customer is free to close his account on the Website. To do this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTCs (in particular, and without this example being exhaustive, when the Customer has knowingly provided erroneous information when registering and creating his personal space) or any account that has been inactive for at least one year. This removal will not constitute a damage for the Customer who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the Seller, to undertake legal proceedings against the Customer, when the facts justify it.
Article 4 – Method of subscription of orders and description of the purchase process
The Products and Services offered are those which appear in the catalog published on the Website. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller according to the descriptions provided by the supplier. The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.
The “Basket” will be defined below as the immaterial object grouping together all the Products or Services selected by the Site’s Customer with a view to a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his “Basket” whose content can be modified at any time.
Once the Customer esteems that he/she has selected and added to his/her basket all the Products he/she wishes to purchase, he/she will have the possibility, in order to validate his/her order, to access his/her basket by clicking on the button provided for this purpose. The Customer will then be redirected to a summary page on which he/she will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer will have to check the box relative to the ratification of the present GTC and click on the validation button. The Customer will then be redirected to a page where he/she will have to fill in the order form boxes. In the latter case, he/she will have to fill in a certain number of personal data concerning him/her, necessary for the proper processing of the order.
All orders made on the Website must be duly completed and must specify the necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has filled in the form, he/she will be invited to make his/her payment using the payment methods listed in the section of these GTC relating to payments. After a few moments, the Customer will receive an e-mail confirming the order, reminding him/her of the content of the order and the price of the order.
The Products sold remain the property of the Seller until full payment of their price, in accordance with the present retention of title clause.
Article 5 – Prices and payment terms
Except opposite mention, the prices appearing in the catalog are prices understood in Euros all inclusive of tax (TTC), taking into account the VAT applicable to the day of the order and except possible participation in the expenses of treatment and shipping.
Les Petits Plats d’Arthur reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer. The Customer may place an order on this Website and may pay by credit card. Payments by credit card are made through secure transactions provided by online payment platform providers (Paypal and Stripe).
This Website does not have access to any data relating to the Customer’s means of payment. Payment is made directly to the bank or payment service provider receiving the Customer’s payment. In case of payment by check or bank transfer, the delivery periods defined in the article “Deliveries” of the present GTC shall only start to apply from the date of effective receipt of the payment by the Seller, the latter being able to bring the proof by any means. The availability of Products is indicated on the Website, in the description of each Product.
Les Petits Plats d’Arthur will archive the purchase orders and receipts on a reliable and durable medium constituting a true copy in accordance with the requirements of Article 221-1 of the Consumer Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
The delivery costs will be indicated to the Customer before any payment and concern only the deliveries made in Metropolitan France. For any other place of delivery, it will be up to the Customer to contact the customer service.
In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares himself to be the importer of the Product and accepts that, in such a case, it may be materially impossible for the Seller to provide him with correct information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Except opposite mention posted on the Website during the ordering process or in the description of the ordered Products, the Seller commits in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing Product compared to the delivery form, damaged package, broken Products…); any anomaly must then be indicated by the Customer on the delivery form, in the form of handwritten reservations, accompanied by the signature of the Customer. In order to exert his right of refusal, the Customer will have to open the damaged or defective package(s) in the presence of the transporter and make him take back the damaged goods. If the Customer cannot comply with these instructions, the Customer shall not be able to exercise its right of refusal, and the Seller shall not be obliged to grant the Customer’s request to exercise its right of refusal.
If the Customer’s package is returned to the Seller by the Post Office or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask him/her what to do with his/her order. If the Customer has mistakenly refused the package, he/she may request the return of the package by first paying the postal charges for the new delivery. The postal charges must be paid even for orders whose shipping costs were offered at the time of the order.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows for withdrawal, in accordance with Article L.221-18 et seq. of the French Consumer Code), any product to be exchanged or reimbursed must be returned to the Seller in its totality and in perfect condition. Any defect resulting from a clumsiness or a false maneuver of the Customer could not be imputed to the Seller.
Any lateness of delivery compared to the date or to the deadline indicated to the Consumer Customer at the time of its order or, in the absence of indication of date or deadline at the time of the order, higher than thirty (30) days as from the conclusion of the contract can involve the cancellation of the sale at the initiative of the Consumer Customer, on written request on its part by registered letter with delivery receipt, if after having enjoined the Salesman to carry out the delivery it did not carry out itself. The Consumer Customer will then be reimbursed, at the latest in the fourteen (14) days following the date on which the contract was denounced, of the totality of the paid sums. The present clause does not apply if the delay in delivery is due to a case of force majeure.
Article 7 – Right of withdrawal and withdrawal form
In compliance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is practical, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for services, to withdraw. He will be bound to return any Product that does not suit him and ask for an exchange or refund without penalty, except for return shipping costs, within fourteen days from the receipt by Les Petits Plats d’Arthur of the request for repayment.
The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order made on the Website, to be sent to Les Petits Plats d’Arthur. It is agreed that the Customer will bear the cost of returning the Product in case of withdrawal, as well as the cost of returning the Product if it, because of its nature, can not normally be returned by mail.
If the previous requirements are not respected, the Customer will lose his right of withdrawal and the Product will be returned to him at his expenses.
It is recommended to the Customer to make the return by a solution allowing a follow-up of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate it.
The reimbursement shall be made using the same payment method as the one chosen by the Customer for the initial transaction, unless the Customer intentionally agrees that the Seller may use another payment method, and insofar as the reimbursement does not cause any costs for the Customer.
The Seller also reserves the right to postpone the reimbursement until the Product is received or until the Customer has proven that he/she has shipped the Product, if such demonstration has not previously taken place.
In case of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held responsible.
In accordance with Article L221-5 of the Consumer Code, (“Hamon Law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order made on the website:
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of SAS CAAR, 42 allée du bois, 51500 Ville-en-selve
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of services (*) below:
Ordered on (*)/received on (*) :
Name of the Customer(s) :
Address of Customer(s) :
Signature of Client(s) (only in case of notification of this form on paper):
(*) Delete as appropriate.
Article 8 – Product guarantee
Legal requirements to be reproduced
When acting under the legal guarantee of compliance, the consumer benefits from a period of two years from the delivery of the good to act; he can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, he is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good, a period extended to 24 months as of March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; assuming that this guarantee is applied, the buyer has the choice between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the statute of limitations may not have the effect of extending the extinctive statute of limitations beyond twenty years from the day on which the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this website benefit from the following legal guarantees, provided by the Civil Code;
Legal guarantee of conformity
According to articles L.217-4 and following of the French Consumer Code, the Seller is obliged to deliver a good in conformity with the contract concluded with the Consumer Customer and to answer for the defects of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the Product. However, when the defect appeared within 24 months of this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to fill in this requirement. But, in accordance with Article L.217-7 of the Consumer Code, “the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the claimed lack of conformity.”
On the other hand, after this 24-month period (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect did exist at the time of taking possession of the Product.
In accordance with Article L.217-9 of the French Consumer Code: “In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, considering the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.”
Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear of the Product, for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or diminish this use to such an extent that the purchaser would not have bought the Product or would not have bought it at such a price if he had known about the defect).
Complaints, requests for exchange or reimbursement for a non-conforming Product must be made by post or by e-mail to the addresses indicated in the legal notices of the website, within thirty (30) days from the date of delivery (this period does not apply in the case of a hidden defect, as previously stipulated).
In case of non-conformity of a delivered Product, it can be returned to the Seller who will exchange it. In case of impossibility of exchange of the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or bank transfer of the amount of his order. The costs of the exchange or reimbursement procedure (in particular the cost of returning the Product) shall be living off the Seller.
Article 9 – Customer Service
The customer service of this Website is accessible through the form available on our contact page or by mail at the address indicated at the top of this page.
Article 10 – Liability
The Seller Les Petits Plats d’Arthur can not be held liable for non-performance of the contract due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not be liable for any indirect damage due to this, operating loss, loss of profit, damage or expense that may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Seller, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of withdrawal, if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, in accordance with Article L 221-18 et seq. of the French Consumer Code.
The Customer expressly admits using the Website at his own risk and under his exclusive responsibility. The Website provides the Customer with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Les Petits Plats d’Arthur can in no way be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data that may result from the use of the Website or, on the contrary, from the impossibility of using it;
- a malfunction, unavailability of access, misuse, poor configuration of the Customer’s computer, or the use of a browser little used by the Customer;
- the content of advertisements and other links or external sources accessible by the Customers from the Website.
The photographs and visuals of the Products presented on the Website are not contractual in nature, and the Seller shall not be held liable if the characteristics of the Products differ from the visuals present on the Website or if the latter are erroneous or incomplete.
Article 11 – Intellectual Property Rights
All materials on this Website are either owned by Seller or a third party agent, or are used by the Seller with the permission of their owners.
Any reproduction, representation, adaptation of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting.
Any Customer who is guilty of counterfeiting may have his or her account deleted without notice or compensation and without this deletion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Seller or his or her agent.
This website uses elements (images, photographs, content) whose credits are held by : SAS CAAR.
The brands and logos contained in the Website are likely to be registered by Les Petits Plats d’Arthur, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, distributions and rebroadcasts shall be liable to the penalties provided for in Articles L.713-2 and following of the Code of Intellectual Property.
Article 12 – Independence of clauses
If any provision of the T&Cs shall be deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of any remaining provisions.
These GTC replace any prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sublicensable by Customer itself.
A printed version of the T&Cs and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs shall be in the French language.
Article 13 – Inaccuracies
It is possible that the website and the services offered contain inaccuracies or errors, or information that is not in accordance with the general conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized modifications are made by third parties on the website or on related services (social networks…).
We will do everything in our power to ensure that such errors are corrected. In the event that we miss such a situation, please contact us at the following address: 42 allée du bois, 51500 Ville-en-Selve or by email through our contact form with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright requests, please refer to the section on intellectual property.
Article 14 – Applicable law
These GTC are governed by and subject to French law.
Except for public order provisions, all litigations which could arise within the framework of the execution of the present GTC could before any legal action be subjected to the appreciation of the editor of the Website in view of an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless otherwise provided by public policy, any legal action relating to the execution of these GTCs shall be subject to the jurisdiction of the courts of the place of residence of the defendant.
All rights reserved – February 18, 2019