General Conditions of Sale and Use
These General Conditions of Sale are concluded between: on the one hand, SAS ETOIL, a simplified joint stock company with capital of 11,840 euros, whose head office is located at 35 rue des Etaillers in LEYSSARD (01450) registered with the RCS of Bourg-en-Bresse under the number 822 156 352, hereinafter “the Seller”, and, on the other hand, any adult natural person residing in France hereinafter “the Customer” wishing to make a remote purchase directly from the Seller or via its online sales website www.maxdaumin.com
SAS ETOIL markets food products.
Article I - Purpose
These conditions of sale may be subject to change without notice. The applicable conditions are those in force on the Site on the date of purchase of the products by the Buyer.
The nullity of one of these conditions does not result in the nullity of all of the conditions of sale. The temporary non-application of one or more of these provisions by the Seller shall not constitute a waiver on his part.
These General Conditions of Sale govern the sale of the Seller's products to Customers, whether the order is placed via the Internet, by telephone or by post. They apply to the exclusion of any other conditions.
The validation of the order by the Customer constitutes full, complete, unreserved and irrevocable acceptance of these General Conditions of Sale who acknowledges having read them.
The Customer acknowledges that he is fully informed of the fact that his agreement regarding these General Conditions of Sale does not require his handwritten signature and that he has the option of saving them, it being specified that this saving is his sole responsibility.
The ETOIL company markets spices packaged in pods. Spices are intended for food use only.
Article II - Order
1. Placing orders
Orders can be placed:
By the merchant website: www.maxdaumin.com
By email addressed to: firstname.lastname@example.org
By telephone: 09 70 96 00 46
By postal mail addressed to: SAS ETOIL 35 rue des Etaliers, 01450 LEYSSARD
The Customer must provide the information necessary for the execution of his order. It is the customer's responsibility to verify the accuracy of the information provided when placing the order. Under no circumstances will the Seller be held responsible for possible errors and in particular entry errors and the consequences which could result therefrom. All orders require payment by the customer
2. Order validation & Payment conditions
The Seller confirms by email that the order is deemed validated.
Payment is made by credit card via Monetico or PayPal, whether it is a deposit or the entire payment.
The Seller reserves the right to request a deposit of up to 30% of the total amount of the order.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or any order which appears abnormal to him, particularly with regard to the desired quantities.
Any order registered constitutes acceptance of the price and the products. The Buyer receives an email informing them that their order has been registered. Registration does not constitute acceptance, it only means that the order is being examined by the Seller.
After examination, the Buyer receives an email informing them either that their order is accepted and is being processed or that it cannot be taken into account for a legitimate reason. The acceptance email will include all the information relating to the order as well as the link to the withdrawal form.
The recorded data constitutes proof of all transactions carried out by the Seller and the Buyer.
The products remain the property of the Seller until payment has been received in full.
Article III - Product
All products are new and comply with current European Community legislation and the standards applicable in France.
2. Choice of products
The choice of the product(s) ordered is the sole responsibility of the Customer. The Customer remains in any case solely responsible for the choice of products, their conservation and their use. The Seller, if requested, provides advice for the best possible use but is in no way responsible for misuse.
In the event of unavailability of one or more products when ordering, the Customer will be informed within 7 days. He may either cancel his order or authorize the Seller to replace some of the items ordered. The Seller then undertakes to replace them with items of comparable quality and of equal or greater value.
Article IV - Price
Product prices are indicated in Euros, all taxes included. They do not include participation in shipping and packaging costs.
The Seller reserves the right to modify its sales prices at any time. The prices invoiced to the Customer are those in force at the time the order is registered. These prices are firm and final.
The VAT rate used is that in force on the day of the order.
Article V – Payment and Billing
The order is payable directly on the website upon validation of the order. The payment methods accepted by ETOIL are: Payment by credit card, and payment via PayPal. In the event of payment difficulty, in the event of late payment, partial payment, or non-payment, ETOIL may suspend or even cancel all orders in progress, without prejudice and any course of action. Any unpaid amount will automatically result, without a reminder being necessary:
- forfeiture of the term for any sum remaining due, and its immediate payment.
- the application of penalties whose amount is equal to 3 (three) times the legal interest rate in force
- only for professional customers, the payment of a lump sum compensation for recovery costs in the amount of 40 (forty) euros, notwithstanding any possible request for additional compensation, if the recovery costs borne by ETOIL were to exceed this amount.
In the event of payment difficulty, the Seller may offer a different payment method.
The Seller reserves the right to suspend or cancel any order and/or delivery in the event of a payment incident or non-payment. In the event that all or part of an order has already been delivered to the Customer although a payment incident has occurred, the Customer must immediately return the product(s) which have already been delivered to them at their expense.
In the event of suspicion of fraud, the Seller reserves the right to ask the Customer for proof of identity and address. In this eventuality, the order will be processed from receipt of these documents. The Seller reserves the right to cancel the order in the absence of receipt of these supporting documents or receipt of supporting documents deemed non-compliant.
Whatever the method of ordering and the method of payment chosen by the Customer, the Customer receives the original of his invoice before payment of the price. In the case of delivery to an address different from the billing address, the invoice is sent to the Customer by email. The Seller keeps an electronic copy of each invoice. Under no circumstances does the order confirmation sent by email to the Customer serve as an invoice.
This price is given for information purposes only, and without guarantee. It may be modified by ETOIL upwards or downwards at any time due in particular to the size of the weight of the package, the place of delivery, and the increase in Colissimo rates. The cost of delivery determined according to the specificities of transport will be communicated to the customer so that he can confirm it or not in writing (LRAR or e-mail exclusively) within 7 (seven) days from receipt some information. After this period, no cancellation will be accepted and the customer will be required to pay the full delivery costs without being able to dispute the amount, nor claim from ETOIL any price reduction or compensation, on any grounds whatsoever. br />
Delivery date and time: the Seller ships orders within 3 to 5 working days. This deadline is given for information purposes only, without guarantee, and may vary depending on the availability of the products, the vagaries of the post office and the countries of delivery for example (for mainland France, Corsica included: 2 to 4 (two to four) days approximately. Delivery times are in working days. Delivery times run from the date of confirmation of dispatch of the order by ETOIL. In the event of ordering several products by a same customer, ETOIL reserves the possibility of combining the shipment and delivery of all products on a single delivery date. Any possible delay or partial delivery, not attributable to ETOIL does not give the customer the right to cancel the sale and to refuse the products. The Seller is not responsible in the event of non-delivery or poor distribution of the package by La Poste, or theft of the package following its delivery to the services of La Poste. Any reasonable delay in delivery delivery of the products cannot give rise to damages or cancellation of the order by the customer.
Verification of the order by the customer: Delivery occurs through the physical delivery of the product to the customer. At the time of receipt of the product, it is up to the customer to ensure the conformity of the products delivered with the indications on the order form (condition, quantity), express their reservations only in writing (LRAR or e-mail) to ETOIL , within 3 (three) days following receipt of the products. Failing this, the products will be deemed to conform to the order in quality and quantity, excluding any hidden defect or defect.
Article VIII – Complaints
1. Right of withdrawal
Except for the cases listed in article L121-21-8 of the Consumer Code, the consumer customer has a withdrawal period of 14 (fourteen) days maximum, from receipt of the ordered product. After this period, no returns will be accepted and taken into account by ETOIL. In the case of an order for several products delivered separately, or in the case of an order for a product made up of lots or multiple pieces, delivery of which is spread over a defined period, the period runs from receipt of the last product or batch, or the last part. The customer informs ETOIL of his decision to withdraw by sending him the standard withdrawal form, or any other unambiguous declaration expressing his desire to withdraw, before the expiry of the period provided for above. If this right is exercised, the customer undertakes to return the product within 14 (fourteen) days following communication of their decision to withdraw. The return costs (return cost) of the product are the sole responsibility of the customer. The products must be returned in perfect resalable condition in their original packaging, complete and unopened pods. ETOIL will reimburse the customer for all amounts paid, including standard delivery costs, (unless the delivery method chosen by the customer is more expensive than the standard delivery method chosen by ETOIL, and except for the cost of returning the product ), at the latest within 14 (fourteen) days, from the date on which it is informed of the customer's decision to withdraw. ETOIL will make the reimbursement using the same means of payment as that used by the customer for the initial transaction, unless expressly agreed by the customer for ETOIL to use another means of payment, at no cost to the customer. The professional customer has no right or period of withdrawal.
2. Legal guarantees
In the event of a lack of conformity, the Seller may proceed with an identical replacement of the product subject to having previously returned the non-compliant product.
In the event of a hidden defect within the meaning of the law, the Seller undertakes to replace or exchange the product thus affected, provided that the said defect has been reported to the Seller within the period of eight (8) days, following the date on which the Buyer should reasonably have discovered it.
For any complaints, the buyer must contact the Seller by email at the following address: email@example.com
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
The guarantees are governed by the Consumer Code and more particularly the articles below:
Article L211-4 He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L211-5 To comply with the contract, the property must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 Action resulting from lack of conformity is prescribed two years from delivery of the goods.
Article L211-17 Agreements which directly or indirectly exclude or limit the rights resulting from this chapter, concluded between the seller and the buyer before the latter has made a complaint, are deemed unwritten.
Guarantees are also governed by the Civil Code and more particularly by the following articles:
Article 1641 The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it , or would have given only a lower price, if he had known them.
Article 1648 Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.
Article IX - Dispute
The Seller will archive purchase orders and invoices in accordance with the provisions of article 1378-2 of the Civil Code. Unless proven otherwise, the data recorded by the Seller constitutes proof of all communications, orders, payments and transactions made between the Seller and its Customers.
Any dispute to which this contract may give rise will be submitted to the competent court under the conditions of common law. This agreement is subject to French law. The language of this contract is French. If one of the stipulations of these General Conditions of Sale were to be canceled or declared illegal by a final court decision, this will in no way affect the other stipulations of these General Conditions of Sale, which will continue to apply.
Article X – Property. Data Protection Act
The content of the site www.maxdaumin.com, in its entirety, is the property of the company ETOIL SAS. It is protected by French and international laws relating to intellectual property. As such, any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
2. Data Protection Act
The personal data requested from the Customer are necessary for the management and processing of their order. The information collected by the Seller will only be communicated to third parties if they are involved in the execution or delivery of the order. Under no circumstances will the Seller communicate the Customer's data to third parties for prospecting or advertising purposes.
In accordance with the Data Protection Act n°78-17 of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his data personal. This right can be exercised by sending an email to: firstname.lastname@example.org
These General Terms and Conditions were updated on 15/12/2022.