ARTICLE 1 – SCOPE OF APPLICATION
The present General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by Philial SAS, merchant, with any natural person wishing to make purchases on the website www.mireilleoster.com.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Clients.
These General Terms and Conditions of Sale :
may be supplemented by special conditions, set out on the website, before any transaction with the Customer,
apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels,
are accessible at any time on the mireilleoster.com website and will prevail, if necessary, over any other version or any other contradictory document,
may be subject to subsequent modifications, the version applicable to the Customer’s purchase being the one in force on the website at the date of placing the order.
The modifications of these General Terms and Conditions of Sale are opposable to the users of the website www.mireilleoster.com as from their online publication and cannot be applied to transactions concluded previously.
ARTICLE 2 – PRODUCTS OFFERED FOR SALE
The Products offered for sale on the website www.mireilleoster.com are essentially gingerbread, biscuits, traditional cakes, confectionery and spirits.
The main characteristics of the Products and in particular the ingredients, allergens, weight, nutritional values, packaging, are presented on the website www.mireilleoster.com.
The Customer is obliged to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.mireilleoster.com are not contractual and shall not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know the ingredients, including allergens, nutritional values, weight or quantity, as well as, for promotional operations or specific marketing campaigns, the duration of the operation.
The Products presented on the www.mireilleoster.com website are offered for sale in the following territories: Metropolitan France and Corsica.
In the event of an order to a country other than metropolitan France and Corsica, it is recommended to contact the shop beforehand.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 3 – VALIDITY PERIOD OF THE PRODUCT OFFER
Product offers are valid within the limits of available stocks, as specified when the order is placed.
ARTICLE 4 – SELLER’S CONTACT DETAILS
The Seller’s contact details are as follows:
SAS Philial Mireille Oster Pain d’Epices,
Registered in the Strasbourg Trade and Companies Register under number 903 412 369 and in the Sirene register under number 903 412 369 00022 – Intracom VAT number: FR92 323 546 275.
31 rue du Vieux-Marché-aux-Poissons – 67000 STRASBOURG – France
Tel: + 33 (0)3 88 32 33 34
In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, delete and port all of his personal data by writing, by post and providing proof of his identity, to the Vendor’s address, mentioned above.
Validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms of Sale.
The Customer acknowledges that he/she has the required capacity to contract and acquire the Products offered on the website www.mireilleoster.com.
ARTICLE 5 – ORDERS
5-1. Placing an order
It is the Customer’s responsibility to select the Products he/she wishes to order on the www.mireilleoster.com website, according to the following procedures:
STEP 1: Order form
Selection and addition to the basket of the products presented on the site, and the desired quantity,
Verification of the contents of the basket and the prices corresponding to each product, with the possibility of deleting a product or modifying the quantity,
Continue shopping or validate the basket, which shows the flat rate charged for shipping costs,
Validation of the order.
STEP 2: Identification and payment
Identification of the customer in whose name the invoice will be issued, and validation of his/her personal data,
Identification of the delivery address, if different from the customer in whose name the invoice is issued,
Payment by credit card, cheque or by telephone.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer’s responsibility to check the accuracy of the order and to report or rectify any errors immediately.
The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Seller has collected the full price.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website www.mireilleoster.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer for a legitimate reason (in particular, non-payment, incorrect address, fraudulent use of an advantage code, etc.).
The Seller does not sell the Products on the website www.mireilleoster.com to professionals, but only to individuals for their personal needs.
5-2. Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or force majeure.
ARTICLE 6 – PRICES
The Products are supplied at the prices in force on the website www.mireilleoster.com, at the time the order is registered by the Seller. The prices are expressed in Euros, exclusive of tax and VAT.
These prices are firm and non-revisable during their period of validity, as indicated on the website www.mireilleoster.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website www.mireilleoster.com and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the Customer validates the order, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 – PAYMENT CONDITIONS
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, according to the following methods
by credit card: Bank Card, Visa, MasterCard, American Express
by bank cheque,
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
In the event of payment by cheque, the cheque must be issued by a bank domiciled in metropolitan France. The cheque is cashed on receipt.
Payments made by the Customer shall not be considered final until the Seller has actually cashed the sums due.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Customer.
ARTICLE 8 – DELIVERIES
The Products ordered by the Customer will be delivered in Metropolitan France and Corsica, within an indicative period of 3 to 5 working days from the dispatch of the order to the address indicated by the Customer when placing the order on the website www.mireilleoster.com.
Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. specified above. However, these deadlines are given as an indication. The sale could be cancelled at the written request of the Customer under the conditions envisaged in articles L 216-2 L 216-3 L241-4 of the Code of consumption. The sums paid by the Customer will then be returned to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
In the event of non-conformity of the Product delivered, the Seller undertakes to remedy this or to reimburse the Customer.
The Seller, Maison Mireille Oster Pain d’Epices, takes the greatest care in the quality of its products and in the preparation of orders. However, it is the Customer’s responsibility to verify, upon receipt, the conformity of the products delivered with the order, and their quantity. In the event of non-conformity, the Customer has a period of 5 clear days following delivery to send the seller a complaint in writing, enclosing the products, packaging and labels.
No complaint can be taken into account in the event of non-compliance with the conditions of conservation of the products, as well as the deadline for optimal use indicated on the packaging. The customer will be fully reimbursed for the sums paid within 14 days of receipt of the return package.
ARTICLE 9 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging, unopened, and in perfect condition within 5 clear working days following notification to the Seller of the Customer’s decision to withdraw.
Returns must be made intact, in their original packaging, unopened, allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Our customers undertake to strictly respect the conditions of conservation of the products as well as the use-by date indicated on the packaging.
No reservations can be made by the customer on criteria concerning the taste, freshness or appearance of the products.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.
The reimbursement will be made within 14 days from the notification to the Seller of the decision to withdraw, without this reimbursement being able to take place before the return of the products to the Seller’s premises.
ARTICLE 10 – PROTECTION OF PERSONAL DATA
Pursuant to Law 78-17 of 6 January 1978, as amended by Law no. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website www.mireilleoster.com meets the legal requirements in terms of personal data protection, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website www.mireilleoster.com.
ARTICLE 11 – INTELLECTUAL PROPERTY
The content of the website www.mireilleoster.com is the property of the Seller and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 12 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 13 – APPLICABLE LAW – LANGUAGE
These General Terms and Conditions of Sale and the operations arising from them are governed by French law.
APPENDIX – WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the website: www.mireilleoster.com except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms of Sale.
To the attention of Maison Mireille Oster Pain d’Epices,
31 rue du Vieux-Marché-aux-Poissons – 67000 STRASBOURG
Order from __________
Order number : ______________
Customer name : _______________________
Customer’s address : _____________________
Client’s signature (only in case of notification of this form on paper) :