GENERAL TERMS AND CONDITIONS OF ONLINE SALE
Between SARL La Noche, a company with share capital of 1 000 euros, registered with the Toulouse Trade and Companies Register under number 498 108 745, with its registered office at 44 chemin Lanusse, 31 200 Toulouse, intra-Community VAT number FR22498108745, represented by its acting manager,
hereinafter the “Seller”, on the one hand,
And any natural or legal person wishing to make a purchase via the website www.holi-world.com, hereinafter the “Buyer” or the “Customer”,
The following has been set out and agreed:
Preamble
The Seller's business is the sale of colour powder made from foodstuffs and food colourings; this powder, known as “Holi powder”, is intended for festive use.
The Seller markets the aforementioned goods in particular through the website www.holi-world.com. The list of goods and services offered for online sale can be consulted on the Site, and more specifically in the shop section.
The Parties agree that their relations shall be governed exclusively by this contract, to the exclusion of any conditions previously available on the Seller's website.
The Seller reserves the right to amend these general terms and conditions of sale at any time by publishing a new version on the Site. The applicable general terms and conditions of sale are those in force on the date the Order is validated.
The Parties agree that the photographs of the Goods offered for sale on the Site have no contractual value.
Article 1 – Definitions
The following terms and expressions, when preceded by a capital letter, have the following meanings for the purposes of the interpretation and performance of this contract:
“Item”: the Good or Goods forming the subject of the Order;
“Good”: any product offered for sale on the Site;
“Order”: a request for Goods or Services made by the Customer to the Seller;
“General Terms and Conditions of Sale”: the general terms and conditions of sale set out herein;
“Contract”: this deed, including its preamble and appendices as well as any amendment, substitution, extension or renewal made hereto by agreement of the Parties;
“Delivery Time”: the period between the date the Order is validated and the date the Order is delivered to the Customer;
“Delivery Charges”: the cost incurred by the Seller in shipping the Order to the delivery address given by the Customer;
“Delivery”: dispatch of the Item to the Customer;
“Delivery Method”: any standard or express delivery method available on the Site at the time of the Order;
“Price”: the unit value of a Good or Service, inclusive of all taxes and excluding Delivery Charges;
“Total Price”: the total amount of the combined Prices of the Goods and Services forming the subject of the Order, inclusive of all taxes;
“All-Inclusive Price”: the Total Price plus the Delivery Charges, inclusive of all taxes;
“Service”: any service offered for sale on the Site;
“Site”: the online sales website www.holi-world.com used by the Seller to market its Goods and Services;
“Territory”: has the meaning given to that term in Article 3;
“Order Validation”: has the meaning given in Article 5;
“Online Sale”: the marketing of the Seller's Goods and Services via the Site.
References to Articles are references to the articles of this Contract unless otherwise stated. Any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other.
Article 2 – Purpose
The purpose of this Contract is to define the rights and obligations of the Parties in connection with the Online Sale of the Goods and Services offered for sale by the Seller to the Customer.
Article 3 – Scope
These General Terms and Conditions of Sale are reserved solely for consumers, within the meaning given by law and case law, acting exclusively on their own behalf and domiciled at the address given to the Seller.
In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of the Goods and Services sold electronically are available on the Site.
The Customer also receives the information provided for in Articles L. 121-8 and L. 121-19 of the French Consumer Code, both before and after the conclusion of the sale, in particular by means of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to all sales of Goods and Services by the Seller made through the Site www.holi-world.com.
The Customer declares that they have read these General Terms and Conditions of Sale before validating the Order within the meaning of Article 5. Order Validation therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to Orders placed for Delivery within the Territory, namely mainland France, Corsica, the French overseas departments and territories, and the countries of the European Union.
Article 4 – Entry into force and duration
This Contract comes into force on the date of Order Validation as defined in Article 5.
The Contract is concluded for the period necessary to supply the Goods and Services, until the expiry of the guarantees and obligations owed by the Seller.
Article 5 – Ordering Goods and Services and stages in concluding the Online Sale
In order to place the Order, the Customer must follow the steps below:
1. Enter the Site address;
2. Follow the Site's instructions and, in particular, those required to open a customer account;
3. Complete the order form. In the event of prolonged inactivity while connected, the selection of Goods and Services chosen by the Customer before that inactivity may no longer be guaranteed. The Customer is then invited to start their selection again from step 1;
4. Check the details of the Order and, where applicable, identify and correct any errors;
5. Validate the Order, the Total Price and the All-Inclusive Price (the “Order Validation”);
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.
The Customer then receives electronic confirmation, without delay, that payment of the Order has been accepted.
The Customer also receives, electronically and without delay, an acknowledgement of receipt constituting confirmation of the Order (the “Order Confirmation”).
The Customer receives electronic confirmation that the Order has been dispatched. Delivery will take place at the delivery address given by the Customer when placing the Order.
When completing the various stages of the Order described above, the Customer undertakes to comply with these contractual terms pursuant to Article 1316-1 of the French Civil Code.
The Seller undertakes to fulfil the Order only within the limits of available stocks of the Goods. If the Goods are unavailable, the Seller undertakes to inform the Customer.
However, in accordance with Article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular where there is a dispute with the Customer concerning payment of a previous order.
Article 6 – Price of Goods and Services and conditions of validity
The Price of the Goods and Services sold on the Site is shown by item and reference, or by service and reference respectively.
At the time of Order Validation, the price payable is the All-Inclusive Price.
Telecommunication costs relating to access to the Site remain the sole responsibility of the Customer.
The period of validity of offers and Prices is determined by updates to the Site.
Article 7 – Payment terms
Payment of the All-Inclusive Price by the Customer is made by bank card. The bank cards accepted are those of the Carte Bleue, Visa and Eurocard / Mastercard networks.
The transaction is debited from the Customer's bank card immediately after verification of the card details, upon receipt of debit authorisation from the company issuing the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, an undertaking to pay given by means of a payment card is irrevocable. By providing their bank card details, the Customer authorises the Seller to debit their bank card by the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name on the bank card is indeed their own. The Customer provides the sixteen digits and expiry date of their card and, where applicable, the security code.
Should it prove impossible to debit the All-Inclusive Price, the Online Sale would be immediately terminated as of right and the Order cancelled.
The Seller implements every means to ensure the confidentiality and security of the data transmitted on the Site www.holi-world.com.
Payment may also be made via the PayPal system, using PayPal's secure SSL (Secure Socket Layer) protocol, guaranteeing the confidentiality of the Customer's data.
Payment may finally be made by bank transfer or administrative payment order.
Article 8 – Delivery of the Order
8.1. Delivery Method. The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.
8.2. Delivery address. The Customer chooses a delivery address that must be located within the Territory, failing which the Order will be refused. The Customer is solely responsible for any failure of Delivery due to insufficient details given when placing the Order.
8.3. Amount of Delivery Charges. The amount of the Delivery Charges depends on the value of the Order and the Delivery Method chosen by the Customer. In any event, the amount of the Delivery Charges is shown to the Customer before Order Validation.
8.4. Delivery Times. Delivery Times are available on the Site and may vary depending on the availability or quantity of the Goods ordered. Delivery Times are expressed in working days and correspond to the average times for preparing and shipping the Order within the Territory. They run from the date the Order is confirmed by the Seller.
8.5. Late Delivery. In the event of late Delivery, the Order is not cancelled automatically. The Seller informs the Customer by email that Delivery will be late. The Customer may then decide to cancel the Order and will send the Seller a notice of cancellation by registered letter with acknowledgement of receipt to: SARL La Noche, 44 chemin Lanusse, 31 200 Toulouse.
Where the Order has not yet been dispatched when the Seller receives the cancellation notice, Delivery is halted and the Customer is refunded any sums debited within fifteen days of receipt of the cancellation notice. Where the Order has already been dispatched, the Customer may still cancel the Order by refusing the parcel. The Seller will then refund the sums debited and the return costs paid by the Customer within fifteen days of receiving the refused parcel back, complete and in its original condition.
8.6. Delivery tracking. The Customer can track the progress of their Order in the dedicated area on the chosen carrier's website.
8.7. Checking the Order on arrival. The Customer must check the condition of the packaging and the Items on Delivery. It is for the Customer to make any reservations and claims they consider necessary, or even to refuse the parcel where it is clearly damaged on Delivery. Such reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, excluding public holidays, following the date of Delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Goods delivered correspond to the Order. In the event that the Goods do not conform in nature, quantity or quality to the online order receipt, the Customer must inform the Seller by email at commandes@holi-world.com and return the Goods to the address indicated under the conditions of Article 8. If the Customer fails to do so, the Goods will be invoiced to them at the shop price on the day of their order.
Article 9 – Right of withdrawal
The Customer has a right of withdrawal which may be exercised within fourteen calendar days following the date of receipt or collection of the Order. Where this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
A Customer wishing to exercise their right of withdrawal must return the Items within the aforementioned period, in their original packaging, complete and unused.
Article 10 – Claims
The Customer must send any claims to the Seller's customer service department by post or email, stating the reference and date of the Order.
Only claims relating to the Online Sale of the Items will be taken into account.
Article 11 – Guarantee
The Seller is subject to the legal guarantee conditions laid down in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code (version in force on the day the contract is concluded):
– Article L. 211-4 of the French Consumer Code: “The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.”
– Article L. 211-5 of the French Consumer Code: “To conform to the contract, the goods must: 1. Be fit for the purpose 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; – possess the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or its representative, in particular in advertising or labelling; 2. Or possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.”
– Article 1641 of the French Civil Code: “The seller is bound by the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.”
– Article 1648 of the French Civil Code: “An action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, failing which it will be time-barred, within the year following the date on which the seller may be released from apparent defects or lack of conformity.”
Article 12 – Intellectual property rights
The Seller's brand, (brand name), together with all figurative and non-figurative trade marks and, more generally, all other trade marks, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these trade marks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trade mark, symbol, logo and, more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent owned by the Seller.
Article 13 – Confidentiality of Data
The information requested from the Customer is necessary for processing the Order.
Should the Customer consent to providing individual personal data, they have an individual right of access, withdrawal and rectification of that data under the conditions laid down by French Act No. 78-17 of 6 January 1978 on information technology, data files and civil liberties. The Customer must send any written request to the following address: SARL La Noche, 44 chemin Lanusse, 31 200 Toulouse, or to the following email address: commandes@holi-world.com.
When creating their customer account on the Site, the Customer will have the option of choosing whether they wish to receive offers from the Seller and its partners.
Article 14 – Force majeure
Performance by the Seller of its obligations under this Contract shall be suspended in the event of an act of God or force majeure that hinders or delays performance.
The Seller shall notify the Customer of the occurrence of such an event within three days of the date on which it occurs.
Where suspension of performance of the Seller's obligations continues for more than ten days, the Customer may terminate the Order in progress and the Seller will then refund the Order under the conditions set out in Article 7.
Article 15 – Invalidity of a clause of the Contract
Should any provision of this Contract be declared void, such invalidity shall not entail the invalidity of the other provisions of the Contract, which shall remain in force between the Parties.
Article 16 – Amendment of the Contract
Any amendment, termination or waiver of any of the clauses of this Contract shall be valid only after written agreement signed by the Parties.
Article 17 – Independence of the Parties
Neither Party may enter into any commitment in the name of and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its own statements, commitments, services, products and personnel.
Article 18 – No waiver
The failure of either Party to rely on a breach by the other Party of any of the obligations set out herein shall not be interpreted for the future as a waiver of the obligation in question.
Article 19 – Notices
All notices to be given under this Contract shall be deemed to have been given if sent by registered letter with acknowledgement of receipt to the following addresses:
To the Seller: SARL La Noche, 44 chemin Lanusse, 31 200 Toulouse.
To the Customer: at the address given when placing the Order.
Article 20 – Precautions for use
The Seller wishes to remind the Customer that the latter should test the product, the place of its use, the conditions of its use and the quantities used before using it, in order to avoid any inconvenience; the Seller may not be held liable for the presence of any inconvenience, damage or other complaint linked to the use of the good or item forming the subject of the sale.
Article 21 – Applicable law
This Contract is governed by French law.
Article 22 – Jurisdiction
Any dispute arising from the formation, interpretation or performance of this Contract shall fall within the exclusive jurisdiction of the courts of Toulouse, notwithstanding multiple defendants or third-party proceedings.