General terms and conditions of sale General Terms and Conditions of Sale
The general conditions of sale establish the provisions governing the distance selling by the company la Manufacture Bio (SAS LMB with a capital of 1000 €, registered in the Trade and Companies Register of Manosque, SIRET 88763047300015) of the products offered on its Internet site: http://www.lamanufacturebio.fr
It is specified that any order placed on the E-commerce site lamanufacturebio.fr implies full and complete acceptance of the present GTC and of the particular conditions of the order.
Purpose of the GTC
The present GTC define the conditions under which Clients may access the La Manufacture Bio website and place orders on the latter and set out all the rights and obligations arising therefrom. Any order placed on the site implies full and complete acceptance of the GTC, it being specified that the present GTC may be modified at any time, in particular in order to take into account any legal or technical evolution. The modifications of the GTC will be opposable as soon as they are put online on the Site.
Order taking and confirmation
The Customer may browse the Site and view the various products and articles offered for sale without obligation to purchase or register. To place an order, the Customer chooses the product he/she wishes to order from among the products offered by clicking on the "add to basket" button. Thereafter, the Customer may continue shopping or finalise the order. The contents of the basket will then be displayed on the screen, mentioning the list of products, the total amount of the order, the available options and the accepted payment methods. At any time during the ordering process, it is possible to modify the order until the actual payment is made in accordance with the conditions set out in these GTC.
Order validation
Each product request is subject to the acceptance of La Manufacture Bio which reserves the right to reject any order due to insufficient stock, incomplete customer information, or any other legal reason. We undertake to inform you within two (2) working days following your order if we encounter a problem in fulfilling your order.
Right of withdrawal The consumer has a period of fourteen (14) days to exercise his right of withdrawal from a contract concluded at a distance without having to give reasons for his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25 of the Consumer Code.
In accordance with the legislation in force, the right of withdrawal does not apply to contracts for the supply of the following products
(I) goods made to the consumer's specifications or clearly personalised, such as chocolate messages
(II) fresh products, products likely to deteriorate or expire quickly
(III) goods that are unsealed by the customer after delivery and cannot be returned for reasons of hygiene or health protection.
Exchange and refund
The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt of the Customer's request.
Prices & VAT
All prices are in Euros, from our laboratory in Mane. The French VAT of 5.5% for dark chocolate products and 20% for milk chocolate products applies to orders to Metropolitan France, Corsica and European Union countries.
Delivery charges
Delivery charges depend on the destination, weight and volume of the package.
Import taxes
Customs: For shipments outside the customs territory of the European Community, packages will contain all documents summarising the total value of the contents of the order and the description of the items. Customs or import taxes will be due at the time the package reaches its destination country and any additional taxes due for customs clearance will be charged to the customer.
Right of withdrawal In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has the right to withdraw from the contract, without having to give any reasons or pay any penalties, with the exception of the return costs which are at the Customer's expense, during a period of fourteen (14) days from the date of physical receipt.
Payment security
Payment by credit card:
The credit cards and bank cards accepted are: Visa®, MasterCard®, American Express®, via the Paypal secure payment interface.
Invoices
The invoice corresponding to the order placed is sent in the automatic order dispatch email.
Payment To pay for his order, the customer has two payment options: For payments by credit card, the debit is made at the time of validation of the order after having obtained the authorization to debit the account of the Customer from his bank. No order will be delivered without the payment having been confirmed.
In the case of a payment by bank transfer, the order will only be concluded upon receipt of the exact amount in our bank account, which will determine the date of dispatch of the order. Finally, the customer has a period of seven (7) days to make the bank transfer: the order is automatically cancelled if the payment is not received and this period is exceeded.
The payment order may be revoked in the event of fraudulent use of the card in accordance with the agreement concluded between the customer and his banking institution.
The currency used for the transaction is the Euro. The amount debited from the account of the bank card used will depend on the exchange rate of the Euro on the day of the debit and any exchange charges levied by the bank issuing the card.
Delivery of the order Packages are prepared and packaged by La Manufacture Bio in closed, resistant packaging, appropriate to the content and requirements of transport.
Delivery by Chronofresh or Colissimo: The delivery will be made via Colissimo, Chronofresh (controlled temperature delivery) to the delivery address indicated by the Customer.
The average delivery times for orders are: for delivery in mainland France, day of order + 4 (four) days. Given the fresh nature of the products delivered by Chronofresh, in the event of failed delivery due to an incorrect or incomplete address or cancellation of the order, no refund will be made. Fresh products are delivered by Chronofresh to the recipient of the order indicated by the Client, from Tuesday to Saturday, only in Metropolitan France and Monaco and in Corsica. In order to ensure the optimal conservation of the products, La Manufacture Bio draws the attention of its Clients to the need to set a delivery date that allows the package to be handed over to the recipient on that date. After confirmation of the order, La Manufacture Bio undertakes to process and transport the order to the agreed destination, according to the route, the procedure and the carrier chosen by the client. It insures the merchandise up to the place of delivery, but it is up to the recipient to verify the package in the presence of the delivery person. Any anomaly at the time of delivery must be indicated on the delivery note. If this clause is not respected, no reimbursement procedure with the chosen carrier can be initiated.
In the event of the absence of the recipient or of a person able to take possession of the products at the time of delivery, the carrier will leave a notice inviting the client to contact the carrier again as soon as possible. Under no circumstances can La Manufacture Bio be held responsible for any deterioration of the products due to their late collection from the carrier.
Complaints Complaints or disputes will always be received with attention. All complaints must be made within 15 working days after receipt of the order, to the customer service of La Manufacture Bio from Monday to Saturday from 9am to 4pm
Email : contact@lamanufacturebio.com
Mail: ZA de Pitaugier -04300 MANE. FRANCE
Telephone: 04 92 71 09 33
This complaint must be motivated and accompanied by proof of the damage suffered (transport letter, photo of the package received, etc.). After analysis and acceptance of the complaint, a commercial gesture (reimbursement of shipping costs, return of the product at the customer's expense, etc.) will be proposed to the customer. Applicable law and settlement of disputes. The present GTC are governed by French law. In the event of a dispute arising from the present contractual relationship, the parties undertake, before any legal action is taken, to seek an amicable solution by contacting La Manufacture Bio directly: contact@lamanufacturebio.com. Any dispute relating to the interpretation or execution of the present general terms and conditions of sale shall, in the absence of an amicable agreement, be brought before the competent courts.
Force majeure: Neither Party shall be liable for the total or partial non-performance of its obligations under the present contract, if this non-performance is caused by an event constituting force majeure. Events meeting the criteria set by the case law of the Cour de Cassation and the legislation are considered as force majeure. The Party invoking an event constituting force majeure shall notify the other Party within seven (7) working days of the occurrence of this event.
The Parties agree that they must consult each other as soon as possible in order to determine together how to carry out the order for the duration of the force majeure event. Beyond a period of one (1) month of interruption due to force majeure, La Manufacture Bio may not honour the order and shall proceed with the reimbursement of the Client under the conditions set out in article 7 of these general terms of sale. Partial invalidity If one or more stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations retain all their force and scope.
Returns All product returns must be formally agreed between La Manufacture Bio and the customer and must be returned within 2 days of the agreement. After this period, no return can be taken into account. Any return accepted by La Manufacture Bio, in the case of an apparent defect or non-conformity of the products delivered, which will be noted, will allow the customer to obtain a free replacement or the restitution of a credit note to his benefit, to the exclusion of any other compensation or damages.
Personal data Clients must create an account on the Site and provide certain personal data to place an order, including their title, first and last name, email address and postal address. This personal data of Clients is subject to automated processing by La Manufacture Bio, which is responsible for it, for the purposes of managing and administering the commercial relationship with the Client as well as for prospecting. There are two types of data collected: The data collected during the creation of the Customer account (surname, first name, address, etc.) and/or the placing of the order are kept for a period of three years from either the end of the commercial relationship or their collection or the last contact on your part. This data may then be archived for an additional period of time for reasons that are strictly limited and authorised by law (payment, guarantee, disputes, etc.). In accordance with the regulations applicable to the protection of personal data (resulting from the European Regulation on the Protection of Personal Data as of 25 May 2018), the Client has the right to request access, rectification or deletion of personal data, or a limitation of the processing, or the right to object to the processing and the right to data portability, which may be exercised by sending an e-mail to the following address: contact@lamanufacturebio.com or by writing to the head office of the Company La Manufacture Bio.
The Client may also lodge a complaint with the CNIL. La Manufacture Bio is likely to install cookies on the Site. The prior consent of the Client must be obtained for the installation of these cookies. This is an automatic tracking process that records information relating to navigation on the Site and stores information entered during visits in order to facilitate the registration procedure and the use of the Site by Clients. In accordance with the legislation in force, cookies will be kept for 13 (thirteen) months by La Manufacture Bio. At the end of this period, the Client's consent must again be expressly obtained to continue the use of cookies.
The Customer may object to their installation and/or delete them by following the procedure indicated on their browser. Cookies cannot execute programs or introduce viruses on the computer or mobile phone. Cookies are uniquely assigned and can only be read by the web server of the domain that issued the cookie. The Customer is informed that by refusing cookies, he/she may not be able to access certain features of the Site. the data marked with an asterisk when creating a customer account (surname, first name, address, etc.) and/or placing an order are necessary for the proper execution of the order and in particular for the delivery and invoicing of the order; the other data requiring an optional response when creating a customer account and/or placing an order are communicated voluntarily by the Customer, who may withdraw his consent at any time, without affecting the lawfulness of the processing given on the basis of the consent given prior to the withdrawal of the latter.
Intellectual property: All the elements on this site (logos, texts, graphic or multimedia elements) constitute elements that can be protected under the French Intellectual Property Code, whether by copyright, trademark law or any other private right, and are the property of La Manufacture Bio as well as of their respective authors. The fact of being able to consult and save the data on this site on another medium does not in any way give the right to erase, remove or modify the copyright mentions appearing on the resources of this site, or to modify the resources themselves of this site. Any reuse, copy and more generally any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of La Manufacture Bio is strictly prohibited and may be subject to legal proceedings. Guarantee The expiry date of our products is indicated on the bottom of each box or bag. Our boxes have a 3 month expiry date for ganaches and pralines. Similarly, the aperitif mixes, the Magic Mix and the crunchies have an expiry date of one year. La Manufacture Bio guarantees the quality and freshness of its products, especially the chocolates, provided they are kept in a cool place (between 14 and 18°C), away from light.
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