Terms of service

PREAMBLE

The present general conditions of sale apply between the Company BEN&FLO created by CLERGET Benjamin and registered in the Répertoire des Entreprises et des Etablissement (SIRENE) under the identifier SIRET: 537 620 379 00025, hereafter referred to as “the Company”,

And

Any natural person making a purchase via the www.alarecherchedumeilleur.com website,

Hereinafter referred to as “the Buyer”.

The present conditions aim to define the terms and conditions of distance selling between the Company and the Buyer, from the order to payment and delivery. They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.

The placing of an order on the website www.alarecherchedumeilleur.com edited by the Company BEN&FLO implies without reserve the acceptance of the provisions of the present conditions. The Buyer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorisation allowing him/her to place an order on the Site.

ARTICLE 1 : CONFORMITY AND AVAILABILITY OF PRODUCTS

The products offered for sale by the Company are those listed on the Site on the day the Buyer consults the Site. The products are offered for sale within the limits of available stocks. The products being available in several places at the same time, in case of error on the availability of an ordered product, the Company informs the Buyer by e-mail as soon as possible. The Buyer will have the possibility to replace the product by another one of an equivalent quality and price, or to cancel the order and get a refund.

The products offered for sale are described and presented with the greatest possible accuracy and accompanied by one or more photographs. In the event of an error or omission in this presentation, the Company cannot be held responsible. The photographs and texts illustrating the products are only indicative and do not enter into the contractual field.

ARTICLE 2 : PRICE

The prices displayed on the site are indicated in euros, including all taxes, but excluding shipping costs and order processing costs.

ARTICLE 3 : PAYMENT (SECURE PAYMENT)

Payment of the order can be made by credit card, PAYPAL account, bank transfer or cheque. For online payment by credit card, only cards bearing the “CB” logo, cards bearing the “VISA”, “EUROCARD” or “MASTERCARD” brand accepted in France, or cards issued within the framework of international networks, approved by the Groupe d’Intérêts Economiques (GIE) Cartes Bancaires, are accepted.

Validation of the order by means of the credit card number and the expiry date shall constitute a mandate to pay the price of the said order. For credit card payments, the Company uses the PAYPAL security service.

The confidential data relating to the means of payment are not accessible by the Company, but are managed directly by the Paypal security service.

For payment by cheque, it must be issued in euros by a bank domiciled in France. The cheque will be cashed on receipt. The Buyer must make it payable to CLERGET Benjamin and send it to the following address: 22 RUE DE LA LIBERATION 54560 AUDUN LE ROMAN

In the case of payment by cheque, the order will only be processed on receipt of the cheque. The company reserves the right to wait for the cheque to be cashed and for 15 days of collection before processing the order.

ARTICLE 4 : ORDER

Any order implies the Buyer’s express and irrevocable acceptance of the prices and descriptions of the products available for sale, as well as of these general terms and conditions of sale. After validation of the order, the Company sends the Buyer (via Paypal in case of payment by credit card) a confirmation e-mail to the e-mail address indicated during the order.

ARTICLE 5 : DELIVERY

The products ordered are sent to the delivery address indicated by the Buyer when placing the order. Delivery costs are indicated in the “Delivery costs” section but may be subject to a reduction in price in the event of a promotional offer. They include the preparation of the order, packaging, postage as well as the logistical costs related to the transport to the point of dispatch. The contribution to the costs of logistical preparation and dispatch is understood to include VAT. Except in cases of force majeure, the maximum delivery time is 15 days from receipt of payment for the order. After these 15 days, the Buyer may request the cancellation of his order. The order will then be refunded as soon as possible.

ARTICLE 6 : AVAILABILITY

In case of unavailability of the ordered product, the Company informs the Buyer by sending an e-mail to the e-mail address indicated at the time of the order. The Buyer then has the option of either being delivered a product of equivalent quality and price, within the limits of available stocks, or of being reimbursed for the price of the order within thirty days of payment of the order.

The delivery costs of the new product shall be borne by the Company.

ARTICLE 7 : “Satisfied or refunded, exchange or refund

The Buyer has a period of seven clear days, from the receipt of the products or from the acceptance of the offer for services, to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where applicable, of the cost of return.

If the seven-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day. If the right of withdrawal is exercised, the Company shall reimburse the Buyer for all sums paid, as soon as possible and at the latest within thirty days of the date on which this right was exercised.

ARTICLE 8 : RETURN

From the date of receipt of the order, the Buyer has 15 days to return a product. After this period, the products delivered shall be deemed to be in conformity and accepted by the customer, and the Company reserves the right to refuse the exchange, credit note or refund. The returned item must be in its original packaging. The refund of the said product will be made without shipping costs.

ARTICLE 9 : GUARANTEES AND LIABILITY

The Company shall be liable for defects in conformity existing at the time of delivery of the product. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation (when the latter was made its responsibility by the contract or was carried out under its responsibility).

In the event of delivery of a non-conforming product or in the event of delivery of a product revealing a hidden defect, the Company undertakes either to reimburse the Buyer for the price of the product, or to exchange the product for an identical one depending on available stocks, or to exchange it for a product of equivalent quality and price depending on available stocks. The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. These provisions are not exclusive of the right of withdrawal defined in Article 8 hereof.

Products that have been modified, repaired, integrated or added by the Buyer or any other person not authorised by the supplier of the said product or service are excluded from the guarantee. The warranty shall not apply to visible defects.

The warranty will not cover products or services damaged in transit or by misuse. The Company shall not be held liable in the event of failure to fulfil its contractual obligations as a result of a fortuitous event or a case of force majeure, as defined by case law.

ARTICLE 10 : PERSONAL DATA

The Company undertakes to respect the confidentiality of the personal data communicated by the Buyer on the Site and to process them in accordance with the French Data Protection Act of 6 January 1978.

In accordance with the Data Protection Act of 6 January 1978, the Buyer may exercise his/her right of access to the file, his/her right of opposition and his/her right to rectify or delete information concerning him/her by sending a request by post to this address :

CLERGET BENJAMIN 22 RUE DE LA LIBÉRATION 54560 AUDUN LE ROMAN

ARTICLE 11 : INTELLECTUAL PROPERTY

All elements of the Site are protected by copyright, trademarks or patents. They are the exclusive property of the Company.

ARTICLE 12 : APPLICABLE LAW AND JURISDICTION

The present general terms and conditions of sale are executed and interpreted in accordance with French law. In the event of a dispute, the Buyer undertakes to contact the Company as a matter of priority in order to attempt to resolve amicably any dispute that may arise between the parties.

In the absence of conciliation, the French courts shall have sole jurisdiction.

ARTICLE 13 : CHANGES TO THE GENERAL CONDITIONS OF SALE

The Company reserves the right to adapt or modify at any time the present general terms and conditions of sale. In the event of modification, the general terms and conditions of sale in force on the day of the order shall apply to each order.

Updated on 17 July 2020