These terms and conditions of sale ("TCS") apply to all orders placed on the www.lasommeliere.com website (the "Site"). Confirmation of an order implies that the Customer has read and unreservedly accepts these terms.
These TCS describe the terms for distance selling of goods and services between FRIO ENTREPRISE and the Customer. They represent all obligations and rights of the parties.
FRIO ENTREPRISE may have to adapt or change these TCS at any time. The applicable TCS are those in force on the day of the Customer's order.
2.1 General Considerations
The Customer must place his/her order in accordance with the specifications listed on the Site. Orders confirmed by the Customer will not be considered as accepted by FRIO ENTREPRISE until the online payment server Sogenactif has processed the transaction.
Through the Site, the Customer has the choice of receiving deliveries at home, or at another address of his/her choice.
2.2 Anti-fraud measures
In order to ensure that transactions are secure and to prevent online payment fraud, FRIO ENTREPRISE reserves the right to check the information entered during the placing of the order by the Customer.
Consequently, FRIO ENTREPRISE’s Customer Relations Department may ask the Customer by telephone or e-mail, for one or more supporting documents (copy of ID and proof of address). The order will be suspended, pending the sending of these documents by email to email@example.com or by post to the following address: FRIO ENTREPRISE, Service Site Internet Climadiff, 143 Boulevard Pierre Lefaucheux 72230 Arnage, France. In addition, FRIO ENTREPRISE may cancel the order if these documents are not provided, or if they are unsatisfactory. In this event, cancellation of the order will not give the Customer the right to claim any damages whatsoever.
Prices shown on the site are in euros, including taxes, but excluding delivery costs.
The prices of the products are those in force on the day the Customer's order is acknowledged. However, FRIO ENTREPRISE reserves the right to change its prices at any time before the order is taken.
Products and services presented on the site must be paid for at the time of ordering.
4.1 Payment methods
Payment is made by credit or debit card using the secure payment system provided by WEBAFFAIRES.
FRIO ENTREPRISE reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid for a previous order in full or in part, or with whom there is an ongoing payment dispute.
FRIO ENTREPRISE reserves the right to suspend or cancel any order and/or delivery, whatever its nature or stage of execution:
- in the event of non-payment of any amount owed by the Customer
- or any irregularities/delays in payment.
Any payments made subsequent to the date of payment on the invoice may result in the automatic application of late-payment penalties at a rate equal to three times the legal interest rate at the time the payment was due.
Any payments made after the due date on the invoice will result in the application of a fixed charge of €40 corresponding to the cost of initiating debt recovery, in application of Article L441-6 of the French Commercial Code.
4.3 Retention of Ownership
It is expressly agreed that goods that have been delivered to the Customer and for which the Customer has been invoiced, remain the property of FRIO ENTREPRISE until full payment of their purchase price by the Customer.
Failure to complete payment may result in the goods being reclaimed.
However, the above provisions do not prevent the transfer to the Customer, from the time of delivery, of the risk of the goods being lost or damaged in any way, or for any damage that they may cause.
5. AVAILABILITY AND DELIVERY OF PRODUCTS
Deliveries are made only in mainland France and Corsica within a maximum of 30 working days.
Delivery costs are payable by the Customer and depend on the type of order. Customers will be informed of the delivery costs when they consult the availability of their product.
Availability is indicated at the time that Customers consult products.
In the event that a product that has been ordered is not available, the Customer will be informed as soon as possible and will have the option of cancelling the order.
In the event that the product cannot be exchanged, FRIO ENTREPRISE reserves the right to cancel the order and refund any amounts paid. The unavailability of the product will not make FRIO ENTREPRISE liable in any way, or enable the Customer to claim any damages or loss whatsoever.
Delivery is deemed to have been made when the carrier provides the goods ordered to the customer. It is recorded by the signing of the delivery note by the Customer.
The Customer should check the good(s) on their arrival and note any discrepancies/defects, or refuse the good(s) if appropriate. If a product is returned, FRIO ENTREPRISE will either exchange it or issue a refund if the product is out of stock for more than 14 days.
6. RETURNING A PRODUCT
The Customer shall ensure when his/her order is made available or delivered that the number and nature of the items is correctly stated on the order form, and that the products are not damaged.
If the product(s) delivered do not comply in nature or quantity with the specifications on the delivery note attached to the delivery, or have been damaged during transport, the Customer should fill out the delivery slip, clearly stating any discrepancies and reporting any damage due to transport.
In the case of a product that does not comply with the order, if the delivery has been made:
By express parcel: a prepaid label will be sent to the Customer by post to enable the return of the product(s) at our expense upon receipt of the complaint
By carrier: the latter will arrange a time to collect the good(s) from the Customer's home. It is therefore essential that the Customer keeps the products in the original packaging and in the condition in which they were delivered.
FRIO ENTREPRISE will contact the customer as quickly as possible to arrange a free redelivery of the product (subject to availability).
6.2 Right of withdrawal
In compliance with Articles L.121-20 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from the delivery of their order to return any article that they find unsuitable, in its original packaging, and to request a refund of the product(s) ordered from FRIO ENTREPRISE.
The right of withdrawal may be applied by sending a registered letter with acknowledgement of receipt to the address below:
143 boulevard Pierre Lefaucheux
The cost of returning the product(s) after withdrawal by the Customer
Product(s) returned with postage to be paid or refunded will be refused by FRIO ENTREPRISE. If product(s) have been delivered by a carrier, the latter will come to the Customer's home at an agreed time, and collect the product(s).
In any case, returned products must be unused and in their original packaging, accompanied by proof of purchase, and any accessories that may come with the product (not assembled or attached), directions for use and other documentation.
Refunds and exchanges will only be made if the product has not been damaged by the Customer and is not incomplete.
Refunds for product(s) after return will be made soon as possible and at the latest 14 days following withdrawal.
7. GUARANTEES AND AFTER-SALES SERVICE
Definition of the guarantee
FRIO ENTREPRISE provides a national guarantee of one year for functional parts only on electrical appliances. This guarantee does not cover labour or travel. Functional parts will be available for at least five years from the date of purchase of the product.
The product is guaranteed if it is accompanied by its purchase invoice. The guarantee only covers products that are in their purchase configuration and if their serial number is still legible.
The guarantee is valid in mainland France.
Faulty on arrival
If, on unpacking, the product appears to have a fault that prevents its use in the required configuration, the Customer must contact FRIO ENTREPRISE within 14 days. The product will be then exchanged (unless it has been damaged during assembly, or has missing parts).
Exclusions from the guarantee
FRIO ENTREPRISE’s guarantee does not apply:
In the event of accidental damage. It does not cover damage and breakdowns resulting from incorrect installation, assembly or use of the product, normal wear and tear or lack of maintenance, etc.
In the event of indirect damage. The FRIO ENTREPRISE guarantee only covers the right for the guaranteed product to be repaired or replaced. Indirect damages resulting from breakdown or damage are not covered by the guarantee.
FRIO ENTREPRISE cannot be held liable for any damage or indirect costs, nor for any losses, including loss of data or information, nor for any damages or costs arising from the Customer’s use or the inability to use the product.
9. FORCE MAJEURE
FRIO ENTREPRISE cannot be held liable for failure to execute its contractual obligations if it is prevented from doing so by the occurrence of an event of force majeure.
Events of force majeure are considered to be any unforeseeable or accidental circumstances that are beyond the control of the parties.
10. PERSONAL DATA
During your business relationship with FRIO ENTREPRISE, we will request that you provide certain personal data. We will tell you if providing the data is compulsory or optional.
This data is only used to process your order or your request (e.g. to sign up for our newsletter, participate in a game, request information, etc.) and to personalise the communication and the products offered on the Site and in our newsletters.
Your personal data is confidential. FRIO ENTREPRISE undertakes not to disclose it to any third parties other than its sub-contractors without your express consent. In this case, we pass your details on to companies selected by FRIO ENTREPRISE who offer products that may be of interest, but only if you agree to this when you register.
In accordance with the French law of 6 January 1978 relating to data protection, you have the right to access, object to, rectify and delete your personal data, you can exercise this right according to the terms stipulated by said law, by clicking here or by sending a letter to FRIO ENTREPRISE’s Customer Service department.
In all cases, your request must be signed and accompanied by a photocopy of your ID.
11. APPLICABLE LAW - DISPUTES
These TCS are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
12. COMPANY ADDRESS
143 boulevard Pierre Lefaucheux