Terms and conditions

Terms and Conditions

Last Updated: March 23, 2024

Article 1 – Legal Notice

This website, accessible at the URL leshallesprovencales.com (the “Site”), is published by:

Les Halles Provençales SAS, a French company with a capital of 500 euros, registered with the R.C.S. of Tarascon (France) under number 887 872 513. The company’s head office is located at 55 Avenue de la Vallée des Baux, 13520 in Maussane-les-Alpilles. The company is represented by Mr. Dylan Vrontos, who is duly empowered.

Operator Details

  • Company Name: Les Halles Provençales SAS
  • Registered Office: 55 Avenue de la Vallée des Baux, 13520 Maussane-les-Alpilles, FRANCE
  • Registration Number: 887 872 513 (R.C.S. of Tarascon)
  • VAT Number: FR73887872513

Hosting Information

The Site is hosted by:

Ligne Web Services

  • Address: 10 Rue Penthievre, 75008 Paris, France

Publishing Director

The Publishing Director of the Site is:

Mr. Dylan Vrontos

Contact Information

You can reach the Operator via the following contact details:

  • Email: contact@leshallesprovencales.fr
  • Telephone: 04 65 07 02 20

Article 2 – General Provisions Relating to These General Conditions

The General Conditions of Sale (the “GCS”) exclusively apply to the online sale of products offered by the Operator on the Website. Customers can access the GCS directly on the Site, and they can also request them through any means.

By checking a box or clicking the designated button, the customer acknowledges that they have read and accepted the GCS before placing an order. The validation of an order, confirmed by the purchaser, implies acceptance of the GCS in effect on the day of the order. These conditions are maintained and reproduced by the Operator.

Article 3 – Description of Products

The Site serves as an online sales platform for a variety of unregulated products, including food products, interior decoration items, tableware, candles, and cosmetics (hereinafter referred to as the “Products”). These offerings are accessible to both individual users and legal entities who utilize the Site (referred to as the “Customer”).

Product Descriptions

Each Product featured on the Site is accompanied by a detailed description. These descriptions are either provided by the supplier or can be accessed via links to the manufacturer’s site. The essential characteristics of each Product are outlined in these descriptions. However, it’s important to note that any photographs illustrating the Products do not constitute legally binding documents.

Instructions and Compliance

Instructions for using the Products, if deemed essential, are prominently displayed on the Site or provided to the Customer upon delivery. Rest assured that all Products offered on the Site comply with the requirements of current French law.

Customer Responsibility

The Customer bears responsibility for the modalities and consequences of their access to the Site, particularly when accessing it via the Internet. This may involve payment of fees to technical service providers, such as Internet access providers, which remain the Customer’s responsibility. Additionally, the Customer must ensure that their equipment for connecting to the Site is secure and in proper working order.

Article 4 – Creation of Customer account

To place an order on the Site, the Customer must first create a personal customer account. Once established, the Customer can access this account by using a secret, personal, and confidential identifier along with a password. It is crucial for the Customer to maintain the confidentiality of their login credentials, as outlined in the provisions of the Personal Data section within the present General Terms and Conditions.

Customer Responsibilities:

  1. Confidentiality: Each Customer undertakes to maintain strict confidentiality regarding their login and password, which grant access to their customer account.
  2. Access Responsibility: The Customer acknowledges that they are solely responsible for accessing the Service using their login and password, unless fraudulent activity is proven.
  3. Prompt Reporting: Customers must promptly inform the Operator in case of loss, misappropriation, or fraudulent use of their login and/or password.

Confirmation:

Upon successfully creating their personal customer account, the Customer will receive an email confirming the establishment of their account.

Registration Requirements:

When registering, the Customer agrees to the following:

  1. Accurate Information: Provide true, accurate, and up-to-date information during service registration. Avoid using false or unauthorized names or addresses.
  2. Data Maintenance: Keep registration data current to ensure its accuracy at all times.

Article 5 – Orders

The Operator strives to ensure optimal availability of its Products. Product offers remain valid while stocks last.

In the event that, despite the Operator’s best efforts, a Product becomes unavailable after the Customer has placed an order, the Operator will promptly notify the Customer via email. The Customer will then have the following options:

  1. Delivery of an Equivalent Product: The Operator will provide a Product of equivalent quality and price to the one initially ordered.
  2. Reimbursement: If preferred, the Customer can choose reimbursement for the price of the unavailable Product. This reimbursement will occur within fourteen (14) days from the date of payment.

It is understood that apart from the reimbursement for the unavailable Product, the Operator is not liable for any cancellation indemnity unless the non-performance of the contract is directly attributable to the Operator.

Firm and Final Orders

Unless otherwise stated in these General Terms and Conditions, and without prejudice to the right of withdrawal provided by applicable law, the Customer’s orders are considered firm and final.

Placing an Order

When placing an order, the Customer must:

  1. Select the desired Products and add them to their basket.
  2. Indicate the chosen Products and desired quantities.
  3. Review the order details, including the total price.
  4. Make any necessary corrections to the basket contents before final validation.

The Customer agrees to read the General Terms and Conditions of Sale (GCS) in force before accepting them and confirming the terms, conditions, delivery charges, and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GCS and constitutes a binding contract.

Upon Order confirmation, a link to the accepted General Terms and Conditions will be sent to the Customer via email. This allows the Customer to refer to them as needed.

Contractual Information

Details related to the order, including the order number, will be confirmed by email in due course and no later than the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof.

Digital Invoice

A digital invoice will be made available to the Customer in the “My Account” area and sent via email no later than 10 days after delivery of the Customer’s parcel. The Operator also recommends that the Customer print and/or archive this invoice on a reliable and durable medium as proof.

Communication

Any email sent to the Customer in connection with an order will be directed to the email address used by the Customer to log on to the customer area.

Order Validation

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, particularly in cases where:

  1. Non-Compliance with GCS: If the Customer does not comply with the General Terms and Conditions in force at the time of ordering.
  2. Outstanding Amounts: If the customer’s order history shows outstanding amounts from previous orders.
  3. Disputed Orders: If one of the Customer’s previous orders is currently under dispute.
  4. Unresponsive Confirmation Request: If the customer has not responded to an order confirmation request sent by the Operator.

Contract Archiving

The Operator archives contracts for the sale of Products in accordance with applicable legislation. Customers can request a copy of the contract related to their order by contacting the Operator at contact@leshallesprovencales.fr.

Order Modifications

Any modification of the order by the Customer after confirmation is subject to the agreement of the Operator. To request modifications, the Customer must use the contact form to communicate with the Operator.

Binding Information

The information provided by the Customer during order placement, especially the name and delivery address, is binding. The Operator cannot be held responsible if an error in placing the order results in delivery delays or other issues.

Legal Capacity

By placing an order, the Customer declares that they have full legal capacity to enter into the present General Terms and Conditions.

Registration on our platform is open to adults of legal age and to minors under the condition that they act under the supervision of a parent or guardian holding parental authority. However, it’s important to note that registration is strictly personal to each Customer.

In the event of any breach by the Customer of the provisions outlined in our terms and conditions, the Operator reserves the right to terminate the Customer’s account without prior notice.

Article 6 – Payment Terms and Security

The Customer expressly acknowledges that any order placed on the Site constitutes an order subject to payment. This payment is required in exchange for the supply of the Product ordered.

Payment Validation

In all cases, the Operator reserves the right to verify the validity of the payment before dispatching the order, using any necessary means.

Secure Payment Solutions

The Operator utilizes the following online payment solutions, both of which offer secure payment by credit card:

  1. Payment by Credit Card: Customers make payments directly to the secure bank servers of the Operator’s bank. The customer’s bank details do not pass through the Site. During payment, bank details are protected by SSL (Secure Socket Layer) encryption, ensuring they remain inaccessible to third parties.
  2. Payment via Electronic Wallet (PayPal): Customers who already have an account with the e-wallet used by the Operator can securely pay for their orders without disclosing their bank details.

The Customer’s order is recorded and validated as soon as payment has been accepted by the bank.

Debit Authorization

The Customer’s account will be debited for the corresponding amount only under the following conditions:

  1. Verification of Bank Card Details: The details of the bank card used must be verified.
  2. Acceptance by the Issuing Bank: The debit must be accepted by the bank that issued the bank card.

Nullity of Sale

Failure to debit the amounts due will result in the immediate nullity of the sale.

Potential Card Refusal

The bank card may be refused for the following reasons:

  • Expiration: If the card has expired.
  • Spending Limit: If it has reached the maximum spending amount to which the Customer is entitled.
  • Incorrect Data: If the data entered is incorrect.

Control Procedures

As part of control procedures, the Operator may request any necessary documents from the Customer to finalize the order. Rest assured that these documents will not be used for any other purpose.

Article 7 – Price and Payment

The price of the Products, as applicable at the time of the order, is indicated in euros (€), US dollars, Great British pounds, or Canadian dollars, depending on the user’s choice upon arriving at the website. All taxes, including VAT, are included in the price, except for delivery and transport costs. During promotional periods, the Operator commits to applying the promotional price to all orders placed.

Payment Details

  • The price is payable in full once the order has been confirmed.
  • The quoted prices already include any discounts and rebates granted by the Operator.

Delivery and Transport Costs

If delivery or transport costs apply, they will be added to the price of the Products. These costs will be indicated separately before the Customer validates the order. The total amount due by the Customer, along with its breakdown, will be displayed on the order confirmation page.

Article 8 – Formation of the Contract

The contract between the Operator and the Customer is established when the Customer confirms their order.

The Customer should pay particular attention to the method of accepting an order placed on the Site. Here’s how it works:

  1. After selecting the Products and adding them to the basket, the Customer reviews and, if necessary, corrects the basket contents (including identification, quantity, price, delivery terms, and charges).
  2. The Customer then clicks on “Validate My Order.”
  3. By doing so, the Customer acknowledges acceptance of these General Terms and Conditions (GTS).
  4. Finally, the Customer clicks the “Order” button, effectively validating the order after providing their bank details.

The “double-click” action serves as an electronic signature and is equivalent to a handwritten signature. It represents irrevocable and unreserved acceptance of the order by the Customer.

Archiving and Proof

  • Communications, order forms, and invoices are securely archived by the Operator to constitute a true and durable record.
  • These documents may be produced as proof of the contract.
  • In the absence of evidence to the contrary, data recorded by the Operator on the Internet or by telephone serves as proof of all transactions between the Operator and its Customers.

Customer’s Right to Cancel

The Customer has the right to cancel an order under the following circumstances:

  1. Non-Conforming Product: If the delivered Product does not conform to the declared characteristics.
  2. Delayed Delivery: If delivery occurs beyond the deadline specified in the order form or, in the absence of a deadline, within thirty (30) days after the contract’s conclusion. The Operator must have been requested, without success, to make delivery within a reasonable additional period.
  3. Unjustified Price Increase: If the price increase is not justified by a technical modification of the product imposed by public authorities.

In any of these cases, the Customer may demand reimbursement of the deposit paid, along with interest calculated at the legal rate from the date of deposit receipt.

Operator’s Right to Cancel

The Operator may cancel an order if:

  1. Refusal to Take Delivery: The purchaser refuses to accept delivery.
  2. Non-Payment: The price (or balance of the price) remains unpaid at the time of delivery.

Article 9 – Reservation of Ownership

The Operator maintains exclusive ownership of the Products ordered on the Site until full payment has been received, including any associated shipping costs.

Article 10 – Shipping and Delivery

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in certain member countries of the European Union, and for deliveries in these same geographical areas. Delivery refers to the transfer of physical possession or control of the Product to the Customer.

Delivery Methods

The Operator provides different delivery methods based on the nature of the product:

  1. Relay Point: Customers can choose to collect their order from a designated relay point.
  2. Home Delivery: Products are delivered directly to the Customer’s specified address.

Shipping Costs

Shipping costs are specified during order finalization and must be accepted by the Customer upon order validation.

Delivery Timeframe

The Operator commits to delivering the Products within a maximum of thirty (30) days after receipt of the order, in accordance with the delivery deadline indicated on the Site for each Product. Delivery times are announced in working days on the Site when the order is placed. These times include the preparation and dispatch of the order, as well as the time required by the carrier.

The Operator commits to dispatching the Products in accordance with the announced deadlines on each Product sheet and in the shopping basket, provided that payment for the order has not been previously declined.

However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email indicating the new delivery date to the Customer.

Products will be delivered to the address specified by the Customer during ordering. It is the Customer’s responsibility to verify the accuracy of this address. The Operator cannot be held liable if the address provided by the Customer is incorrect, resulting in delivery delays or hindrances.

Upon delivery, the Customer may be required to sign a receipt.

Please note that deliveries cannot be made to P.O. Boxes.

In the event of non-delivery due to negligence on the part of the Customer, shipping costs will not be reimbursed.

Upon delivery, it is the Customer’s responsibility to inspect the delivered Products for conformity with the order and to ensure that the package is sealed and undamaged. If any discrepancies exist, the Customer must indicate them on the delivery note. Claims regarding quantity or condition of the Product will not be accepted if not noted on the delivery slip.

 

Article 11 – RIGHT OF WITHDRAWAL

If a delivered Product fails to fully satisfy the Customer, they may return it to the Operator. The Customer has thirty (30) days from the date of receiving the order to do so.

In accordance with Article L.221-21 of the Consumer Code and to exercise the right of withdrawal as outlined in Articles L. 221-18 et seq. of the Consumer Code, the Customer is encouraged to fill out the contact form available on the “Contact” page. In the subject line of their “withdrawal” message, they should specify the reason for the return.

The Operator will acknowledge the Customer’s withdrawal request via email. If applicable, the Customer can exercise their right of withdrawal by providing the following information to the Operator:

– Name, address, order number (found on the invoice and order confirmation email), telephone number, and email address.
– Clear declaration of their decision to withdraw (e.g., a letter sent by post, fax, or email, provided these contact details are available and listed on the standard withdrawal form). While the Customer may use the model withdrawal form, it is not mandatory.

Return costs are covered by Les Halles Provençales SAS within 30 days of the delivery date, except for certain product categories mentioned below.

The exceptions outlined in Article L.221-28 of the Consumer Code apply and may prevent the exercise of the right of withdrawal, particularly in cases where the order involves:

– Services fully executed before the end of the withdrawal period, and which began after the express prior consent of the consumer, along with the express waiver of their right of withdrawal.
– Goods or services whose price depends on fluctuations in the financial market beyond the professional’s control, likely to occur during the withdrawal period.
– Goods made to the consumer’s specifications or clearly personalized.
– Goods liable to deteriorate or expire rapidly (such as food products available at Les Halles Provençales – sausages, olive oil, ready meals, grocery products, etc.).
– Goods unsealed by the consumer after delivery, which cannot be returned due to hygiene or health protection reasons (such as food products available at Les Halles Provençales – sausages, olive oil, ready meals, grocery products, etc.).
– Goods that, by their nature, are inseparably mixed with other items after delivery.
– Alcoholic beverages whose delivery is deferred beyond thirty (30) days, and whose value agreed at the contract’s conclusion depends on market fluctuations beyond the professional’s control.
– Urgent works maintenance or repair requested by the consumer at their home, within the limit of spare parts and work strictly necessary to respond to the emergency.
– Audio or video recordings, or computer software unsealed by the consumer after delivery.
– Newspapers, periodicals, or magazines, except for subscription contracts to these publications.
– Contracts concluded at public auctions.
– Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering, or leisure activities to be provided on a specific date or period.
– Supply of digital content not provided on a physical medium, whose execution began after the consumer’s express prior agreement and waiver of their right of withdrawal.

The returned Product must be in its original packaging, in perfect condition suitable for resale, unused, and with all possible accessories. Additionally, the return package must include a letter with the Customer’s complete contact details (surname, first name, address), order number, and original purchase invoice.

The Operator will refund the Customer within fourteen (14) days of receiving the Product and all necessary elements for reimbursement. This refund will be issued using the same payment method as the initial transaction. Customers who paid with credits/gift vouchers may receive reimbursement in credits/gift vouchers, as per the Operator’s discretion.

By accepting these General Conditions of Sale, the Customer explicitly acknowledges understanding the withdrawal procedures.

Article 12 – CUSTOMER SERVICE

Customers can contact the Operator:

– By email at serviceclient@leshallesprovençales.fr, providing their name, telephone number, the subject of their request, and the order number.
– Using the contact form on the site’s contact page.
– By post at the following address: Les Halles Provençales SAS, 55 Avenue de la Vallée des Baux, 13520 Maussane-les-Alpilles.

 

Article 13 – INTELLECTUAL PROPERTY AND SITE USAGE LICENSE

The Operator holds exclusive ownership of all content on the Site, including but not limited to texts, files, images (both animated and static), photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, and the Site’s structure, all of which are protected by French and international intellectual property laws and regulations.

Consequently, none of the Site’s content, in whole or in part, may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcasted, represented, stored, used, rented, or exploited in any manner, whether free of charge or for a fee, by a Customer or a third party, through any means or supports, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis. The Customer bears sole responsibility for any unauthorized use and/or exploitation.

Furthermore, it’s clarified that the Operator does not own the content posted online by Customers, for which the Customers retain full responsibility and indemnify the Company against any claims in this regard. Customers grant the Operator a non-exclusive, transferable, sublicensable, royalty-free, worldwide license for the use of the intellectual property content they publish on the Site, for the entire duration of protection of this content.

The Operator reserves the right to pursue legal action against individuals who violate the prohibitions outlined in this article.

Article 14 – LIABILITY AND WARRANTY

The Operator cannot be held liable for contract non-performance due to the Customer or events classified as force majeure by competent courts or unforeseeable and insurmountable actions of any third party.

The Operator bears no responsibility for information imported, stored, and/or published on the Site by Customers. Moreover, the Operator is not liable for any information published by a Customer on the Site or any direct or indirect damage resulting from such use by a third party. The Customer originating the publication remains solely responsible in this regard.

Customers acknowledge that the Internet’s characteristics and constraints do not guarantee data transmission security, availability, and integrity. Therefore, the Operator does not warrant uninterrupted or error-free operation of the Site and its services. Temporary interruptions may occur due to maintenance, updates, technical improvements, or changes to content and/or presentation.

The Operator cannot be held liable for any misuse of the Site and its services by Customers in violation of these General Conditions, nor for any direct or indirect damage resulting from such use by a Customer or a third party. The Operator particularly disclaims liability for false declarations by Customers and their conduct towards third parties. If the Operator is held liable for such conduct by a Customer, said Customer undertakes to indemnify the Operator against any convictions and reimburse all associated costs, including legal fees.

Customers are solely responsible for all content they post on the Site and declare that they possess all necessary rights to such content. Customers guarantee that their content does not violate third-party rights, particularly intellectual property, or constitute attacks on individuals, privacy, public order, or morality. In the event of violations of applicable laws, morality, or these General Conditions, the Operator may automatically exclude Customers responsible for such violations and remove the contentious content. The Operator is considered a host regarding third-party content posted online. Therefore, it’s emphasized that the Operator has no general obligation to monitor such content. Should the Operator’s liability be sought due to content posted by a Customer, said Customer undertakes to indemnify the Operator and reimburse all associated costs, including legal fees.

In addition to any additional contractual warranties (commercial warranties) that may be provided, Products are subject to legal conformity guarantees as provided in articles L. 217-4 et seq. of the Consumer Code and guarantees against hidden defects as provided in articles 1641 to 1649 of the Civil Code.

Under the legal conformity guarantee, Customers have two (2) years from the goods’ delivery date to act, during which they can opt for repair or replacement of the goods, subject to conditions outlined in article L. 217-9 of the Consumer Code. Customers are exempt from proving the existence of non-conformity during the first twenty-four (24) months following delivery, except for second-hand goods.

Customers may also choose to exercise the guarantee against hidden defects in the sold item within the meaning of article 1641 of the Civil Code. In such cases, Customers may opt to cancel the sale or reduce the sale price according to article 1644 of the Civil Code.

Reproductions of relevant Consumer Code and Civil Code articles in force at the time of these General Conditions are provided for reference.

Please note that seeking amicable solutions prior to legal action does not interrupt legal warranty timeframes or contractual warranty durations.

Article 15 – COMMERCIAL GUARANTEE

The commercial guarantee, which supplements the Operator’s legal obligations regarding product conformity, is documented in a written contract in compliance with the provisions of articles L. 217-15 et seq. of the Commercial Code. A copy of this contract is provided to the Customer.

Article 16 – AFTER-SALES SERVICE

After-sales services not covered by the commercial guarantee are subject to a separate contract, a copy of which is given to the Customer.

Complaints regarding guarantees should be directed to the after-sales service using the following contact details:

– Email address: serviceclient@leshallesprovençales.fr

Products covered by the guarantees must be returned in new, complete, and original condition and packaging after confirmation of the claim by the after-sales service. The Customer will be reimbursed for return postage costs no later than thirty (30) days following receipt of the product by the Operator.

Article 17 – PERSONAL DATA

For comprehensive information regarding the Operator’s use of personal data, please carefully review the Privacy Charter (“Charter”).

Article 18 – HYPERTEXT LINKS

Hypertext links on the Site may direct to third-party sites not published by the Operator. They are provided solely for Customer convenience, facilitating access to Internet resources. By using these links, Customers acknowledge leaving the Site and agree to use third-party sites at their own risk or in accordance with their governing conditions.

Customers understand that the Operator neither controls nor contributes to the development of terms of use or content on these third-party sites. Consequently, the Operator cannot be held responsible in any way for these hypertext links.

Moreover, Customers acknowledge that the Operator does not endorse, guarantee, or assume responsibility for terms of use or content on these third-party sites.

The Site may also include promotional hypertext links or advertising banners directing to third-party sites not published by the Operator. The Operator encourages Customers to report any hypertext link on the Site providing access to third-party content contrary to laws and/or morals.

Customers may not use or insert a hyperlink pointing to the site without prior written consent from the Operator on a case-by-case basis.

Article 19 – REFERENCES

The Customer authorizes the Operator to mention the Customer’s name and logo as a reference in its communication media, including brochures, websites, commercial proposals, press relations, press releases, press kits, and internal communication.

Article 20 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing relations between the Customer and the Operator, encompassing all rights and obligations. If any provision of these General Conditions is declared null in compliance with a law, regulation, or court decision, the remaining provisions will remain in full force.

Additionally, failure by either party to enforce any provision of these General Conditions cannot be interpreted as a waiver to enforce such provision in the future.

CHANGES TO TERMS

The Operator reserves the right to modify the content of the Site or its services, either temporarily or permanently, without prior notice. Additionally, the Operator may change the Site’s location on the Internet and these General Conditions at any time without prior notice. Customers are advised to review these General Conditions before using the Site.

Customers acknowledge that the Operator cannot be held responsible for any modifications, suspensions, or terminations, neither towards them nor any third party.

To ensure accessibility and reference, the Operator recommends Customers to save and/or print these General Conditions for safekeeping. This enables Customers to refer to them at any time during the contract execution if necessary.

COMPLAINT – MEDIATION

In the event of a dispute, Customers must first contact the company’s customer service at the following email address: contact@leshallesprovencales.fr. If the complaint is not addressed by customer service within ten (10) days, or if there is no response, Customers may escalate the dispute regarding the purchase order or these General Terms and Conditions to the relevant mediator.

The mediator, acting with complete independence and impartiality, will aim to facilitate an amicable solution between the parties. Both parties retain the freedom to accept or decline mediation, as well as to accept or reject the proposed solution.

APPLICABLE LAW

These General Conditions are governed, interpreted, and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

Customers confirm that they have carefully read these General Conditions. By registering on the Site, Customers acknowledge reading and accepting these General Conditions, thereby binding themselves to their terms.

The General Conditions applicable to Customers are those in effect on the date of the order. Upon request, a dated copy of the General Conditions can be provided to the Customer. It’s important to note that any modifications made by the Operator to the General Conditions will not apply to previously placed orders unless expressly agreed upon by the Customer at the time of the specific order.