GENERAL TERMS AND CONDITIONS OF SALE
2. CONDITIONS OF PURCHASE
4. PRODUCTS AND PRICES
7. LATE PAYMENT – NON-PAYMENT
8. ORDER'S CANCELLATION
9. INABILITY TO DELIVER
10. DELIVERY-RECEIPT-RETURN FOR COMMERCIAL
11. RETENTION OF TITLE CLAUSE
12. COMPLIANCE – GUARANTEE – LIABILITY
13. PROPERTY RIGHTS – THE BRAND IMAGE OF PRODUCTS
14: RIGHT OF RETRACTATION APPLICABLE SOLELY TO PRIVATE INDIVIDUALS – INDIVIDUAL CONSUMERS – NON-TRADE CLIENTS
15: PARTIAL INVALIDITY
16: CORRESPONDENCE – PROOF – NOTIFICATIONS
17: RETAINING AND ARCHIVING ORDERS
18: DISPUTES – ALLOCATION OF JURISDICTION
These General Terms and conditions of Sale (the "GTS") govern only distance selling by LaTableRoyale (SAS with a capital of € 3,000.00, registered with the Bordeaux Trade and Companies Register under number 825 257 538 and whose Head office is located at number 152 of the 124 Cours de l'Argonne 33700 Bordeaux) of the products offered on its website : www.LaTableRoyale.us (the "Site").
LaTableRoyale invites each Client to carefully read these Terms and Conditions.
Any confirmation by the Client of an order implies full acceptance of these GTS and the particular conditions of his order.
The applicable GTCs are those in effect at the time of the Client's order.
The modifications of the GCS are opposable to the Clients as soon as there are online on the Website.
Pursuant to the laws and regulations relating to electronic signature, the act by which the Client validates his / her order under the conditions specified in the present GTC constitutes an electronic signature which has the same value as a handwritten signature and commits the Client to the same Title.
2.CONDITIONS OF PURCHASE
The products offered for sale on the site are reserved to any natural or legal person capable acting as a consumer within the meaning of the Consumer Code and acting for their personal use.
Thus, any resale of products marketed on the Site is prohibited. Any individual or entity wishing to purchase products offered on the Site for resale should contact LATABLEROYALE to the e-mail address: contact@LaTableRoyale.us.
In accordance with the provisions of Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors is prohibited. Any person placing an order commits himself to be twenty-one (21) years old at the date of the order.
LATABLEROYALE reserves the right to request proof of identity at any time.
Web Site: The web site can be accessed using the address: www.LaTableRoyale.us. LATABLEROYALE offers products for sale on that web site.
Purchaser – Client: the individual or representative of a legal entity, professional or private, who purchases one or more products offered for sale by the company LATABLEROYALE via the Web Site and who does not subsequently resell them.
Vendor – LATABLEROYALE: the company represented by its legal representative, its employees and agents identified by the Web Site, with whom the Client concludes a distance selling contract.
Parties: The Client and the Vendor.
Order: The Client’s Purchase Order, on the Web Site, for one or more products.
Payment irregularity: a non-payment, a late payment, a partial payment of the amount due, a rejection of a payment method or a refusal by the bank at which the account is held to action a payment.
4.PRODUCTS - PRICES
Each product presented on the Site is the subject of an information sheet accessible by clicking on the photo of the product. This sheet gives the essential characteristics of the product: its designation, its weight, its composition, its photograph, its price. These indications are made to inform the Client, they are not exhaustive.
The photographs of the products presented are not contractual.
The product offers and prices offered by LATABLEROYALE are valid as long as they are visible on the Site, within the limit of available stocks. LATABLEROYALE reserves the right to change the products offered on the Site at any time without warning.
At the time of placing the order, indications of availability of products are provided. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same product by several Clients. In the event of unavailability of product after placing the order, LATABLEROYALE notify by mail or phone, as soon as possible, the Client, offering several solutions: either to shift the delivery pending resupply of this product, when possible, either to order another product presented on the Site as a replacement, or to cancel the order. If the Client chooses to cancel the order, the refund will be made at the latest within 30 days from the date of payment, if the bank account has been debited.
Prices are expressed in euros or in dollars.
LATABLEROYALE reserves the right to modify its prices at any time.
In the event of a promotional offer, the prices mentioned on the Site are guaranteed up to the date of validity indicated in the offer.
The indicated prices do not take into account the delivery costs fixed in article 5.1 of the present GTC.
The prices applied are those in force on the day on which the Order is placed. Prices are expressed in euros (including VAT), - unless stipulated otherwise on the Web Site.
As a result of fluctuations in exchange rates, adjustment of transport costs, materials, etc., these prices may be subject to change. LATABLEROYALE therefore reserves the right to modify its prices without prior notice.
Prices are do not include delivery.
The Royal Table assume responsibility for the customs fees and expenses related to the prior notice.
5.1. User ID and Password
At the first order, and in order to personalize its relationship with LATABLEROYALE on the Website, the Client may create an account on the Website. To do this, the Client must enter a personal user ID and password. A control is then undertaken by the computer system in order to verify that the user ID is unique.
The user identifier and the personal password provide proof of the identity of the buyer and commit him to any order placed with them, subject to the exercise of the right of Withdrawal as described in Article 15 of these terms and conditions.
They have the status of electronic signature under the law of March 13, 2000. The user ID and the personal password of the Buyer are its responsibility and only he / she will assume the consequences that could result from any use of it by third parties Unless the Client can prove that the knowledge of his personal password and his user ID by third parties is the result of a direct error on the part of LATABLEROYALE.
If the Buyer forgets his personal user ID or password or believes that he has been known to a third party, the Website provides the Buyer with a function explaining how to obtain a recall of his User ID and New password at any time.
By using its user ID and personal password, the Client may access the Web Site at any time in order to place Orders.
By using the Website, the Client agrees to provide all information necessary for the execution of his Order: specifically, his identity address - delivery address if different - his telephone number and mode Selected payment for the Order. In the case of payment by credit / debit card, the Client must have his card to verify the type of card and confirm the information contained therein: its number, expiry date and security code, and all the necessary details Payment.
It is the responsibility of the Client to carefully check the information it provides and the products covered by its Order before confirming it definitively.
The College's processing system allows the College to revise its Order in order to modify it or to correct any error before confirming it. LATABLEROYALE can not be held responsible for errors made by the Client.
5.2. Order confirmation
Placing an Order represents acceptance of the price, the characteristics of products featured on the Web Site and the delivery terms.
The Client places an Order by clicking on confirm for the entire Order.
Once the Order has been received, LATABLEROYALE will confirm acceptance of the Client’s Order, as rapidly as possible, using the method of his/her choice: electronic mail using a confirmation e-mail. The sale will only be concluded when the Order is confirmed by LATABLEROYALE and, at the latest, when it is delivered.
The data recorded by LATABLEROYALE constitute proof of all transactions between the Client and LATABLEROYALE.
Once the order is confirmed and its payment validated, a summary of the order is displayed, including the order number.
An electronic invoice shall be sent as soon as possible to the e-mail address specified by the Client and shall include the following information:
· Contact details for LATABLEROYALE SAS
· The order reference
· The summary of the order and the essential characteristics of the products
· The total amount of the order, including all taxes
LATABLEROYALE retains ownership of the Product (s) ordered until full payment of the price and its accessories. In the event of a payment incident, the Client agrees to return the products received to LATABLEROYALE upon the first request.
5.3. Rejection of an order by LaTableRoyale
Pursuant to the provisions of article L. 122.1 of consumer legislation, LATABLEROYALE is entitled to reject any order for a legitimate reason; i.e. in the event of proven financial difficulties on the part of The Client– payment irregularities – foreseeable problems affecting delivery, Orders placed in bad faith by the Purchaser, or even for the Vendor to confirm the Purchaser’s identity by asking him/her to provide official proof of it.
It is expressly agreed between LATABLEROYALE and the Client that the e-mails are authentic between the Parties as well as the automatic registration systems used on the Site, in particular as to the nature and the date of the order.
The Client is invited to keep a copy of his e-mail exchanges with LATABLEROYALE.
Payment for Orders must be made by credit/debit card only (CB, VISA, EUROCARD/ MASTERCARD).
The Client’s bank account will only be debited when the Order is dispatched.
With the exception of exercising his/her right to retract or cancel the Order, as outlined in article 15 of these general conditions, the Client making a payment by credit/debit card may not cancel it.
Proof of the price of the Order appears on the purchase order, produced in HTML format, which is stored securely on LATABLEROYALE’s server. The price defined in this manner is fixed and final. The Client receives an electronic mail containing a payment confirmation e-mail.
7: LATE PAYMENT – NON-PAYMENT
In the case of the late payment of an invoice or bank account irregularities, the amounts due will bear interest at three (3) times the legal rate, without the need for formal notice; this clause does not affect the payable nature of the debt.
Any recovery by means of litigation will automatically result, at the cost of the Purchaser, in fixed compensation, by way of a penalty clause, of 15% of the value of invoices not paid by their due date, without prejudice to claims that may be made by virtue of article 700 of new civil proceedings legislation.
In the case of late payment or unpaid invoices, LATABLEROYALE reserves the right to suspend all deliveries and cancel Orders in progress.
8. CANCELLATION OF A SALE
In the event of a breach by the Client of any of its obligations, in particular those relating to payment, LATABLEROYALE reserves the right to cancel the sale automatically and to recover the ownership of the goods. Any deposits and partial payments made by the Client will remain in the Vendor's possession as an initial indemnity, without prejudice to any other claim.
9. IMPOSSIBILITY OF DELIVERING
All events beyond the control of LATABLEROYALE, including exceptional circumstances, force majeure, accidents, strikes, official decisions or transport stoppages, which may delay, prevent or increase exorbitantly the cost of Delivery, suspension or termination of the obligations of LATABLEROYALE, if it deems it appropriate, without any compensation for the Client.
LATABLEROYALE will inform the Client, by any appropriate means, of the existence of such events and will refund the cost of the undelivered Order. A new delivery can be provided, on the basis of the conditions to be agreed, if the Client so requests.
Once the order is prepared, it is sent to the recipient of the order ("the Recipient") to the postal address filled by the Client at the time of its order.
Orders are processed within a maximum of one (1) working day (Sundays and public holidays cannot be considered as working days). For some products of the type compositions an additional preparation time is necessary.
The Products are delivered by a specialized service provider (Named the "Transporter"): the Client can track the delivery of his order on the Carrier's site via a link that will be communicated to him by email. In addition, on the day prior to delivery, or on the day scheduled for delivery, the "Carrier" will contact the "Client" to determine the details of the delivery (schedule, confirmation of the place ...
If for some reason the Client must postpone the delivery, we invite him to contact us by mail at the following address: support@Latableroyale.us to schedule a new delivery.
In case of absence, the Carrier leaves a notice of passage in the mailbox of the Client / Recipient if the latter is accessible. The Client / Recipient must then contact the Carrier to agree on a new delivery date.
If no passing notice can be left, the LaTaBleRoyale Client Service will contact the Client or Recipient to schedule a new delivery.
10.2.1 Delivery time and cost
Standard delivery - Delivery times are 1 to 6 working days for the United States.
However, the reason for the nature of certain products as well as the delivery time, if the customer places order on Thursday or Friday, we will send the products ordered by the customer the following Monday. This can not be deterioration of the product.
You can contact the LaTableRoyale Client Service at the e-mail address: email@example.com for an estimate of the delay.
10.3. Delivery terms depending on the carriers appointed by LaTableRoyale
By express agreement between the Parties, LATABLEROYALE is authorised to appoint the carrier of its choice to make deliveries.
Delivery lead times may be modified during holiday periods. LATABLEROYALE rejects all responsibility for late deliveries during holiday periods.
Delivery lead times are also automatically suspended by any event beyond the control of the Vendor, which has the effect of delaying deliveries.
The Client must provide the Vendor with the exact information needed for delivery (door code, floor, possible delivery days and times, telephone number, etc.).
The Vendor rejects all responsibility and all claims for compensation in the event of a delay caused by inaccurate or erroneous information from the Purchaser.
10.4. Options and terms for returning deliveries
In the event that The Client or the recipient of an Order, where the latter is not the Purchaser, refuses to accept delivery of the Order or wishes to return one or more products covered by the Order, LATABLEROYALE will reimburse The Clientf or the amount of the product or products returned as well as the return costs, on condition that all of the following conditions are met:
The Client or recipient, as the case may be, must make contact with LATABLEROYALE’s On Line Sales Client Service Department: firstname.lastname@example.org.
The products in question must not have been opened or unpacked,
They must be returned in their original packaging, or in new packaging, which is sufficiently robust and properly sealed, if the original packaging has been damaged,
They must be returned within a period of 7 (seven) calendar days from the date on which the Order was received,
The Client or Recipient must retain proof of posting/despatch of the parcel; in effect, LATABLEROYALE regrets that, without this proof of posting/despatch, it is not able to reimburse the costs of any parcel not received by it.
This option is currently only available to Purchasers or individual recipients for standard deliveries in mainland France, excluding Corsica.
Given their nature and the fragility of our chocolate and alcoholic products, we regret that we are unable to include them in the list of products that can be returned to us. Furthermore, we are also unable to accept returns of hampers/gift boxes, whatever their contents.
10.5. Late delivery:
In the absence of delivery within a maximum period of 10 working days from the day following the day on which the Client has validated his order, LATABLEROYALE, after having been ordered to proceed with the delivery, will reimburse all the sums paid by the Client Inclusive), within a maximum period of fourteen (14) days from receipt of the information, to the exclusion of any other compensation.
The transfer of risks will take place on receipt of the delivery by the Client / Consignee at the place agreed, the Client / Recipient assuming alone, from this date, full responsibility for any damages that the products could suffer or cause.
The Client / Recipient must verify the status of the products as soon as they arrive and send them to LATABLEROYALE by email to: support@Latableroyale.us or by post to: LATABLEROYALE SAS, Support Service, No. 252 of the 124 The Argonne 33000 Bordeaux, any information on the nature and extent of the damage suffered by the Products, in order to allow LATABLEROYALE to appeal against the Carrier.
10.7. COMMERCIAL RETURN
In addition to the legal right of retraction granted to the Client provided for in Article 6 below, the Client / Recipient may, in case of dissatisfaction, return one or more items ordered and be reimbursed the amount corresponding to the product (S) and returns, subject to the following cumulative conditions:
· The Client / Consignee should contact LATABLEROYALE Client Support at the e-mail address: support@Latableroyale.us indicating the name, the reference, the quantity of the products subject to the desired return and the reason for the return
· The product (s) concerned must not have been opened or opened
· The product (s) concerned must be returned in their original packaging, or if it has been damaged, in a new solid and properly sealed packaging.
· The product (s) concerned must be returned within 14 calendar days from the date of receipt of the order
· The Client / Recipient must keep proof of the shipment.
These returns and refunds provisions are valid only for deliveries made in the USA.
Given their nature and fragility, our chocolates, as well as gift compositions containing these products can not be returned for commercial purposes.
11: RETENTION OF TITLE CLAUSE
All sales are concluded with a retention of title.
As a result, the transfer of ownership to The Client of products sold is suspended until full payment of the price, pursuant to the provisions of article 2367 of civil legislation and decree no. 2006-346 of 23 March 2006 governing liens.
The risks are borne by The Client once the products sold are delivered to the agreed location subject to the retention of title.
The Client is solely and entirely responsible for all damage that the products may suffer or cause, for whatever reason, following delivery.
ARTICLE 12: COMPLIANCE – GUARANTEE – LIABILITY // On receipt of his/her Order, the Client must ensure that the products delivered comply with his/her Order in all respects.
Should this not be the case, the Client must inform LATABLEROYALE of this at the following address: by email to Support@Latableroyale.us.
LATABLEROYALE’s products on the Web Site are subject to the following legal guarantee conditions:
As regards compliance: the provisions of articles L. 211-4, L. 211-5 and L. 211-12 of consumer legislation; provisions which relate only to individual non-trade consumers.
As regards hidden defects: the provisions of Article 1641 of civil legislation and Article 1648 paragraph 1 of civil legislation. In the event of hidden defects noted by the Client, after examining the product, the Vendor may replace the item with the same or an equivalent product.
ARTICLE 13: PROPERTY RIGHTS – THE BRAND IMAGE OF PRODUCTS
Whatever the media, all items appearing on the Web Site, which are registered or not, are the exclusive property of the company LATABLEROYALE: style guide, software, database, price offers, photos, catalogues, images, sound, video and other promotional or non-promotional documents. This list is non exhaustive. They also are protected by intellectual property legislation.
Any use or reproduction whatsoever of these items is prohibited without the prior written agreement of the company LATABLEROYALE.
The company intends to protect and control the use of its brand image by the Client when the latter uses the products sold in accordance with these general conditions.
The Client specifically undertakes not to refer to, use or reproduce, on any media whatsoever, the name of the company LATABLEROYALE and the brands it owns and/or which it markets, without prior express authorisation.
ARTICLE 14: RIGHT OF RETRACTATION APPLICABLE SOLELY TO PRIVATE INDIVIDUALS – INDIVIDUAL CONSUMERS – NON-TRADE CLIENTS
The Client therefore has a withdrawal period of seven (7) clear days from the day on which he/she receives products ordered within which to return them, at his/her cost, to the following address, LATABLEROYALE Online Sales Customer Service – n°252 of 124 cours de l’Argonne 33000 Bordeaux.
If this period ends on a Sunday, a public or national holiday, it is extended until the next working day. If The Client exercises his/her right of retraction, the Vendor undertakes to repay the amounts paid within a maximum of thirty (30) days following receipt of returned products, by any appropriate payment method. In response to a proposal by the Vendor, a Purchaser having exercised his/her right of retraction may nevertheless opt for another reimbursement method.
15: PARTIAL INVALIDITY
Should one or more clauses of these General Conditions be deemed invalid or declared as such pursuant to the law, a decree or regulations or as the result of a definitive ruling by a competent court, the other clauses will retain their full force and scope.
16: CORRESPONDENCE – PROOF – NOTIFICATIONS
By express agreement between the Parties, communication between them may specifically take place by e-mail.
The Parties will implement all the necessary security measures allowing them to guarantee the availability, integrity and confidentiality of data exchanged.
They will also implement all other useful measures, including firewalls and virus protection, routinely updated and correctly configured, in order to protect themselves in the most effective manner against intrusions, attacks and the spread of viruses, and in order to guarantee the availability, integrity and confidentiality of information received.
The Parties will back up (save) all messages transmitted in relation to the subject of these general conditions in the most appropriate and secure manner.
ARTICLE 17: RETAINING AND ARCHIVING ORDERS
Pursuant to the provisions of article 1348 of civil legislation, purchase orders and invoices will be archived on a reliable and durable media.
ARTICLE 18: DISPUTES – ALLOCATION OF JURISDICTION
These general conditions are governed by French law.
Any disputes arising from the interpretation and/or implementation of the aforementioned general conditions, will give rise to an attempt at amicable settlement between the Parties. In the event that an amicable settlement cannot be reached, the dispute will be heard by the competent legal jurisdiction on the initiative of the promptest Party.
1- The only competent jurisdictions, in the event of a dispute of any kind or difference relating to the composition or performance of an order, are the Courts for the Company’s registered office.
2- Acceptance of payments by the Company does not imply either novation or derogation from this allocation of jurisdiction.
3- No clause to the contrary on the part of the Purchaser may derogate from this clause.