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As at the Market - General conditions of sale on the internet (version August 2021) 

 

Please read these general conditions of sale carefully before ordering products on the website chapellerie-commeaumarche.com. By ordering on the chapellerie-commeaumarche.com site, you agree to be subject to these terms and conditions.

 

SUMMARY

1. Scope and pre-contractual information 1

2. Warnings 2

3. Orders 2

4. Subscriptions 3

5. Tariffs 3

6. Payment terms 4

7. Deliveries 4

8. Guarantees 5

9. Transfer of ownership 6

10. Right of withdrawal 6

11. Intellectual property 7

12. Personal data 7

13. Cookies 7

14. Miscellaneous 7

15. Claims 7

16. Disputes – applicable law 8

17. Pre-contractual information - Customer Acceptance 9

 

1. Scope and pre-contractual information

 

1.1. The contact details of Comme au Marché ( "Company") are as follows:

 

As at the Market, registered in the Trade and Companies Register of La Rochelle under the number 82510519000011, represented by Sylvie Vonié.

Head office 7c rue du carré, 17740 St Marie de Ré, France

Phone +33 (0)6 81 07 79 92 (Monday to Friday from 10am to 6.30pm).

Email: info@commeaumarche.com

VAT number FR33825105190

 

1.2. Scope: These general conditions of sale (the "GTC") apply only in the presence of the following conditions:

 

1. sales to a non-professional buyer, namely a natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, in accordance with Article L221-1 of the Consumer Code; or

1. sales to a professional when this agreement does not enter the scope of the professional's main activity and the number of employees employed by the latter is less than or equal to five, in accordance with Article L 221-3 of the Consumer Code; and

1. wishing to acquire the Products offered for sale (food supplements in the form of "Gummies" (the "Product(s)")) by the Company on the Company's website www.chapellerie-commeaumarche.com (the "Website").

(referred to as "Client(s)"  »)

The purchase of Products by a minor requires the express consent of the holder of parental authority.

 

1.3 Territory outside France. In the event that the sale of the Products, or the way in which they are offered for sale, is deemed in whole or in part, illegal or illegal under the law applicable in the Customer's territory of residence, it is up to the latter to renounce access to them from this territory or to access them from other territories where this is deemed legal. If the Customer chooses to access the Website from a territory where the sale of the Products is deemed in whole or in part, illegal or illegal, the Customer alone will assume the consequences of the application of the legal provisions of this territory, without the Company being able to see its responsibility engaged in this respect.

 

1.4. Essential characteristics of the Products. The Customer is invited to refer to the description of each Product appearing on the Website to know its precise characteristics; and in case of doubt or request for additional information, to contact the Company at the contact details set out in Article 15 of these GTC.

 

1.5. Available stocks. Product offers are within the limits of available stocks. Information on the availability of the Products is provided at the time of placing the order. In case of unavailability of an ordered Product, the Customer will be informed by email. The Customer will then have the choice between requesting the refund of his order from customer service or waiting for the replenishment of the Company and maintaining his order which will be shipped as soon as possible.

Depending on the Customer's choice of formula, certain gifts called "goodies" may be offered to the Customer by the Company. These gifts, if any, are mentioned in the description sheet of the formula chosen by the Customer. These gifts are offered within the limits of available stocks.

 

1.6. Other informationThe information and information provided for in the Consumer Code are contained within these GTC, directly or by reference.

 

2. Warnings

 

2.1 Directions for use. Precautions for useThe instructions for use and precautions for use can be found for each Product on the website. The Customer is invited to consult and comply with the instructions for use and precautions for use appearing on the Product sheets of the Website.

 

2.2 EffectsThe Customer acknowledges that a course of food supplements is an individual experience, that its effects can therefore not be determined in advance with accuracy, that it is therefore not subject to any obligation of results. Food supplements cannot replace the practice of physical exercise, be confused with follow-up or medical and / or psychological consultation. Similarly, food supplements should be used as part of a healthy lifestyle and should not be used as substitutes for a varied and balanced diet or a medicine. In case of doubt about his state of health or about any medical contraindications, the Customer must consult a doctor before any purchase on the Website.

 

3. Orders 

 

1. It is up to the Customer to select on the Website the Product(s) he wishes to order online. Once the choice has been validated, the Customer must indicate all the information necessary for the shipment of the Product:

·         Name

·         Forename

·         Email address

·         Full physical address

·         Telephone number

 

The Customer must then communicate on an online form the information relating to his credit card, thus allowing the secure payment of his order:

 

·         the name of the holder,

·         the 16 digits of his credit card,

·         the expiry date,

·         the virtual cryptogram code on the back of the credit card.

 

1. In accordance with Article L.221-14 of the Consumer Code, the Company will recall before the Customer places his order, the goods that are the subject of the order, their price, the mention: "order with obligation to payment" indicating that the placing of an order requires its payment.

1. The online contract is concluded when the Customer clicks on the button to confirm the order after viewing the details of it and in particular its total price and having had the opportunity to correct any errors.

1. After having read the details of the order, and once all the requested information has been completed, the Customer can click on "Validate" in order to definitively confirm the order. The validation of the order implies acceptance of the GTC. The validation of the order means that the Customer has the necessary permissions to use the chosen payment method.

 

1. The contractual information is presented in French and will be the subject of a written confirmation by email containing this contractual information, containing in particular the list of Products ordered.

 

The Customer is required to check the completeness and conformity of the information provided during the order, in particular concerning the delivery address. The Company cannot be held responsible for any input errors on the part of the Customer and the consequences that result (for example delays or errors in deliveries). In this case, the costs incurred for the reshipment of the order will be borne by the Customer.

The Company reserves the right to refuse an order in the event of even partial non-payment of a previous order or refusal of bank authorization when paying online.

 

4. Subscriptions

 

4.1 Subscription. For any subscription subscription, the Customer must click on "purchase with subscription" from the Website and validate his subscription when ordering. The Customer will be delivered and the sums due by the Customer will be debited in accordance with the formula chosen by the Customer on the Website.

  4.2 UnsubscribingSubscriptions are without commitment of duration. The Customer may cancel his subscription at any time, directly on his online account, by sending the Company a simple request by email or telephone. The termination takes effect 30 days after receipt of the unsubscribe request. Consequently, any order in progress during the notice period, will be executed by the Company. The Customer will not be able to obtain a refund for the order executed after the request for cessation, including if the Customer unilaterally decides to return the Products received.

It is recalled that in accordance with Article L.221-18 of the Consumer Code, the subscription involving the regular delivery of goods, the withdrawal period of fourteen days mentioned in Article 10.2 of these GTC, runs only from the receipt of the first good.

 

5. Rates

5.1. Rates in force. The Company may have to modify its prices at any time, but the Products will be invoiced to the Customer at the rates in force appearing on the Website when placing the order by the Customer.

 

The prices indicated on the Website:

 

1. are expressed in Euros including vat;

1. are exclusive of delivery costs, subject to the stipulations of articles 7.3 to 7.5 of these GTC.

 

5.2. Characteristics of the tariffs. The rates are firm and non-revisable during their period of validity, as indicated on the Website. However, if one or more taxes or contributions were to be created or modified, both upwards and downwards, this change may be reflected in the selling price of the Products on the Website and on the various sales media.

5.3. Invoice. An invoice is drawn up by the Company and given to the Customer after the order. The Customer may also request the sending of his invoices by email by contacting the Company at info@commeaumarche.com.

 

6. Payment terms

 

6.1. Terms of payment. The price is payable in cash, in full on the day of placing the order by the Customer, by secure payment, according to the terms and conditions provided for on the Website.

The Company will not be required to proceed with the delivery of the Products ordered by the Customer if the latter does not pay him the price in full under the conditions indicated on the Website.

The payments made by the Customer will only be considered final after actual receipt by the Company of the sums due.

 

6.2. Security of transactions

 

1. The Company certifies that the payment card details are encrypted, and never pass in the clear on the network. Payment is made directly to the bank.

1. In order to ensure the security of transactions and to prevent fraud in distance selling, the Company may be required to carry out checks on the placing of orders.

 

As part of an audit, the Company may invite the Client by email to send:

·         proof of address and identity (e.g. an electricity receipt, a fixed telephone bill for the perfection of the order).

·         A scanned copy of the partially hidden duplex of the credit card (without communication of the security cryptogram);

 

In this case, the delivery period only begins to run from the date of shipment of the order, which cannot be prior to the validation of the supporting documents.

In the absence of proof or if the documents sent do not make it possible to ensure the identity of the author of the order, the reality of the domiciliation, or the apparent conditions of solvency, the Company reserves the right to cancel the order or to request a cash payment to guarantee the safety of online transactions and the perfect collection of the Products ordered.

6.3. Non-compliance with payment conditions. The Company reserves the right, in the event of non-compliance with the payment conditions, to suspend or cancel the delivery of current orders made by the Customer.

 

7. Deliveries


7.1 Destination. The Products may be delivered in Metropolitan France and overseas departments and territories, Belgium, Switzerland, Luxembourg, Spain, Germany, the United Kingdom, and all other destinations listed on the Website. If the Customer wishes delivery to two different locations, he will have to place two different orders and pay the associated shipping costs.

7.2 Time Limits. For deliveries in metropolitan France, the Products are shipped within 48 hours from the confirmation of order by email to the Customer. Once the Products have been shipped, delivery will be made to the address indicated by the Customer by Colissimo 48H (between 2 and 3 working days). For all other destinations, the delivery time is between 2 days and 14 working days; the name of the carrier will be communicated to the Customer by email after the order.

7.3 Express deliveryThe Customer may choose an express delivery method. In this case, a contribution to the delivery costs will be requested from the Customer (the amount will be communicated to the Customer before payment of the order). The Company will propose this delivery method according to feasibility.

7.4 Return. In case of return of the package to the sender for any impossibility of delivery, or refusal of receipt by the Customer, for any reason whatsoever, a contribution to the return costs of five euros will be requested to return the package.

 

8. Warranties 

 

8.1 Legal guaranteesThe Company is bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 of the Consumer Code and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

1. Legal guarantee of conformity:

In accordance with the provisions of Article L.217-15 of the Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of the said Code are reproduced below:

 

Article L217-4

"The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility. »

 

Article L217-5

"The property is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L.217-12:

'The action resulting from the lack of conformity shall be prescribed by two years from the date of delivery of the good.'

1. Guarantee of hidden defects:

Article 1641

"The seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price, if he had known them."

Article 1648

"The action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."

 

8.2 Limitations of Liability. The Company guarantees that the Products have been subjected to controls and tests carried out by the Company's partner laboratories before they are placed on the market.

In any case, the Responsibility of the Company can not be sought by the Client in the following cases:

 

·         lack of adequacy of the Products to the customer's needs;

·         damage suffered by the Customer as a result of misuse of the Products;

·         absence of verification by the Customer, before the order and throughout the taking of the Products, of his state of health and any allergies to any of the components of the Product.

 

The Customer acknowledges that a course of food supplements is not subject to any obligation of results. 

Testimonials on the Website have been sent by consumers of the Company reflect only particular experiences. The Customer acknowledges that these testimonials are not a guarantee for his own results but tend to represent and illustrate potential results, obtained in the context of an optimal use of the Products.

The before/after photographs appearing on the Website are representations made from real customer testimonials sent by email to the Company by consumers of the Products. The results being personal, no result can be guaranteed to the Customer due to the use of the Products provided by the Company.

 

9. Transfer of ownership 

The transfer of ownership of the Products, to the benefit of the Customer, will be carried out only after full payment of the price by the latter, regardless of the date of delivery of the Said Products.

 

10. Right of withdrawal

10.1. Principle. The Customer has a period of fourteen days to exercise his right of withdrawal.

10.2. Methods of exercising the right of withdrawal. In accordance with Article L. 221-18 of the Consumer Code, from the day after receipt of the Products, the Customer has a period of fourteen days to exercise his right of withdrawal, by sending either the form available on the Website by registered mail with acknowledgment of receipt, or any unambiguous written declaration, expressing his will to withdraw, to the headquarters of the Company. It is specified that in accordance with the applicable regulations, if the last day falls on a Saturday, Sunday or public holiday, the deadline is extended until the next day.

However, in accordance with Article L.221-18 of the Consumer Code, it is recalled that if the Customer has chosen a subscription formula involving the regular delivery of Products, the withdrawal period of fourteen days runs only from the receipt of the first Product.

10.3. Return. The Customer must return the complete Products in their original packaging, in perfect condition, to the address of the Company indicated above, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw. Damaged, damaged or incomplete items are not taken back.

The Customer must bear only the direct costs of returning the Products, namely the costs of returns.

10.4. Refund. The Company is obliged to reimburse the Customer for all sums paid, including delivery costs (with the exception of return costs), as soon as possible and at the latest within fourteen days of the date on which the Company was informed of the consumer's decision to withdraw. The Company may defer the refund until the property is recovered or until the Customer has provided proof of shipment of the product, the date chosen being that of the first of these facts.

 

10.5 Exception. The Company will not be required to refund the Client in the following cases:

·         Quantity of Products less than the order;

·         Open products, already consumed;

·         Products whose safety ring is no longer fully sealed;

·         Products or packaging damaged, making them unfit for their return to the market;

·         Products not preserved under the conditions recommended on the packaging.

 

11. Intellectual property

11.1. The content of the Website is the property of La Société and is protected by French and international laws relating to intellectual property.

 

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.

 

11.2. The Company is the owner of the intellectual property rights relating to the Products purchased by the Customer, in particular the know-how, methods, copyrights and patents associated with the software that accompanies them and that they integrate, as well as the rights relating to their designs (designs and models) or to the names under which they are marketed (trademarks). The Customer shall refrain from any reproduction or exploitation of the said Products, studies, designs, and models, without the express, written and prior authorization of the Company.

 

12. Personal data

In the context of orders placed by Customers on the Company's website, the Company collects a certain amount of data, in particular for the payment of the order, delivery, the follow-up of the order and the after-sales service. All information relating to these processing operations is detailed in the privacy policy developed by the Company and accessible here  . »

 

13. Cookies

Cookie files are written in the memory of your browser. Their lifespan is permanent. They contain one unique identifier per browser. They constitute the history of visits to the Website and to each of its pages. You always have the possibility to configure your browser to refuse these cookies without altering your navigation on the Website. 

 

14. Miscellaneous

 

14.1 The data recorded by the Company constitutes proof of all transactions.

 

14.2. For the purposes of these GTC, the term "written" includes postal mail, electronic mail, or fax.

 

14.3. In the event of nullity or unenforceability of any clause of these GTC, the other clauses will continue to apply.

 

14.4. Any failure of exercise by the Company of one or more rights conferred on it by these GTC, can never be interpreted as a waiver of this or these rights by the Company.

 

14.5The occurrence of a case of force majeure will have the effect of suspending the obligations of execution of the victim party of the event, under the conditions set by the applicable legal provisions.

 

14.6 The official language of these GTC is French. The use of any other language is only indicative. In case of difficulty of interpretation, the Parties will refer only to the French text.

 

15. Complaints

 

15.1 Any complaint or request for information relating to the Products or services must be addressed to the Company by one of the following means:

 

·         via the Website: by referring to the "Contacts" section » ;

·         by phone: on +33 (0)6 81 07 79 92;

·         by mail to the address: COMME AU MARCHE 7c rue du carré, 17740 St Marie de Ré, France

 

15.2 The complaint will be answered within 30 working days by post if the Customer expressly requests this. If at the end of this period, the Customer has not obtained satisfaction, he may make a second request by means of notification by registered letter with acknowledgement of receipt. The processing of the request shall not exceed one month from the date of receipt of the notification. In all correspondence, whether electronic or postal, addressed to the Company, the Client undertakes to mention his/her surname and first name, name, e-mail address, the subject of his/her request, enclosing a copy if necessary, and his/her identifier in order to enable his/her identification and the processing of his/her requests. Any incomplete request cannot be processed by the Company.

 

16. Disputes - applicable law

 

16.1 In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the Service of the E-commerce Mediator of the FEVAD (Federation of E-commerce and Distance Selling) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr. After prior written request from consumers to the Company, the Mediation Service may be contacted for any consumer dispute which has not been settled. To find out how to contact the Mediator, click here. 

Mediation does not apply in the following cases

1. disputes between professionals ;

1. complaints made by the Client to the Company's customer service department or direct negotiations between the Client and the Company (but a prior complaint by the Client to the Company is nevertheless necessary to refer the matter to the Mediator);

1. attempts at conciliation or mediation ordered by a court hearing the dispute;

1. proceedings brought by the Company against the Client.

 

The Client must, before any mediation, submit a written complaint directly to the Company. His request for mediation cannot be examined by the Consumer Ombudsman until he establishes that he has taken this step. The request for mediation must then be submitted within one year of this written complaint, failing which it will be inadmissible.

 

A dispute cannot be examined by the Consumer Ombudsman if

1. the request is manifestly unfounded or abusive ;

1. the dispute has been previously examined or is being examined by another mediator or by a court;

1. the dispute does not fall within its field of competence;

 

If one of these cases applies, the mediator must inform the Customer of the rejection of his request within three weeks of receiving his file.

In the event of exercising the right to mediation, the Company will inform the Client of the consumer mediation system in place.

 

16.2. If mediation is unsuccessful (where applicable), all disputes to which these GTCs and/or the purchase and sale transactions arising from them may give rise, concerning the validity, interpretation, performance, termination, consequences and consequences thereof, shall be submitted to the competent courts under the conditions of common law. In the event of a dispute with professionals and/or traders, the Commercial Court of Marseille shall have sole jurisdiction, subject to the imperative legal provisions attributing jurisdiction to another jurisdiction.

 

16.3. The present GTC and the purchase and sale operations resulting from them are exclusively subject to French law.

 

17. Pre-contractual information - Customer acceptance

Prior to the conclusion of the sales contract, the Client has been provided with the information and details required by the Consumer Code, and in particular

 

1. the identity of the Company (company name, geographical address of the establishment, telephone number, e-mail address, VAT number);

1. the essential characteristics of the Products offered, to the extent appropriate to the communication medium used and the services concerned

1. the total price of the Products, inclusive of tax or, where the price cannot reasonably be calculated in advance, the method of calculating the price and, where applicable, any additional charges or, where such charges cannot reasonably be calculated in advance, a statement that such charges may be payable;

1. the date or period within which the Company undertakes to deliver the Goods;

1. the existence of and the terms and conditions for exercising the legal guarantee of conformity provided for in Articles L 217-1 et seq. of the Consumer Code, and the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code;

1. the terms of payment, delivery and performance of the contract, as well as the terms laid down by the trader for handling complaints

 

The Customer acknowledges that ordering on the Website implies full and complete acceptance of these GTC.

Customer Care:

Comme au Marché 

7c rue du carré

17740 St Marie de Ré

France

Tél : 06 81 07 79 92
Email : info@commeaumarche.com

Site Web : www.chapellerie-commeaumarche.com

TVA Intra : FR33 825105190
SIRET 825 105 190 00011