ARTICLE 1 – SCOPE OF APPLICATION
These Terms and conditions of Sale apply, without restriction nor reservation to all sales made by Ms Mireille OSTER, trader, to any natural person wishing to make purchases on the www.mireilleoster.com website. They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
These Terms and conditions of Sale:
- Are likely to be supplemented by special terms and conditions, set out on the website, prior to any transaction with the Customer,
- Apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels,
- Are accessible at any time on the mireille-oster.com website and shall prevail, where applicable, over any other version or any other contradictory document,
- May be subject to subsequent modifications, with the version applicable to the Customer’s purchase being the one in effect on the website on the date of placing the order.
Modifications of the Terms and conditions of Sale are binding on the users of the www.mireilleoster.com website from the time they are published online and may not be applied to transactions entered into previously.
ARTICLE 2 – PRODUCTS OFFERED FOR SALE
The Products offered for sale on the www.mireilleoster.com are mainly gingerbread, biscuits and traditional cakes.
The main characteristics of the Products and in particular the ingredients, allergens, weight, nutritional values, packaging, are presented on the www.mireilleoster.com website.
The Customer is required to take note of 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 www.mireilleoster.com website are not contractual and may not incur the Vendor’s liability.
The Customer is required to 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: mainland France and Corsica.
In the event of an order to a country other than mainland France and Corsica, it is advisable to contact the store first.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be payable by and are the sole responsibility of the Customer.
ARTICLE 3 – PERIOD OF VALIDITY OF THE PRODUCT OFFER
Product offers are understood to be within the limits of available stocks, as specified when placing the order.
ARTICLE 4 – VENDOR DETAILS
The Vendor’s details are as follows:
Ms Mireille OSTER,
Registered in the Strasbourg Trade and Companies Register under number 323 546 275 and in the Sirene Directory under number 323 546 275 00039 – Intracommunity VAT number: FR92 323 546 275.
14 rue des Dentelles – 67000 STRASBOURG – France
Tel. : + 33 (0)3 88 32 33 34
In accordance with the French law on data processing, records and privacy of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which entered into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, objection, erasure and portability of all of their personal data by writing, by post and providing proof of their identity, to the Vendor’s address stated above.
Confirmation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms and conditions of Sale.
The Customer acknowledges that they have the capacity required to contract and acquire the Products offered on the www.mireilleoster.com website.
ARTICLE 5 – Orders
5-1. PLACING THE ORDER
It is up to the Customer to select on the www.mireilleoster.com website the Products that they wish to order according to the following methods:
STEP 1: Purchase Order
- Selection and addition to the basket of products presented on the website, and the desired quantity,
- Checking the contents of the basket, and the prices corresponding to each product, with the possibility of deleting a product or modifying its quantity,
- Continuation with purchases or confirmation of the basket, which shows the flat rate invoiced for shipping costs,
- Confirmation of the order.
STEP 2: Identification and payment
- Identification of the customer in whose name the invoice will be issued and confirmation of their personal data,
- Identification of the delivery address if it is different from that of the customer in whose name the invoice will be issued,
- Payment by credit card, cheque or telephone.
The Customer has the possibility of checking the details of their order, its total price and of correcting any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
Registration of an order on the www.mireilleoster.com website takes place when the Customer accepts these Terms and conditions of Sale by checking the box provided for this purpose and confirms their order. This confirmation implies acceptance of all of these Terms and conditions of Sale as well as the general conditions of use of the www.mireilleoster.com website.
The sale is final only after sending to the Customer of the confirmation of the order acceptance by the Vendor by email, which must be sent without delay and after receipt by the latter of the full price.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the www.mireilleoster.com website constitutes the formation of a contract entered into remotely between the Customer and the Vendor.
Unless proven otherwise, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
The Vendor 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 a promotional code, etc.).
The Vendor does not sell the Products on the www.mireilleoster.com website to professionals, but only to natural persons for their personal requirements.
5-2. MODIFICATION OF THE ORDER
Once the order has been confirmed and accepted by the Vendor, under the conditions described above, it cannot be modified.
5-3. CANCELLATION OF THE ORDER
Once the order has been confirmed and accepted by the Vendor, under the conditions described above, it cannot be cancelled, except for the exercise of the right to withdrawal or cases of force majeure.
ARTICLE 6 – PRICES
The Products are supplied at the current prices that appear on the www.mireilleoster.com website at the time when the order is recorded by the Vendor. The prices are stated in euros, exclusive of tax and including tax.
These prices are firm and not revisable during their period of validity, as indicated on the www.mireilleoster.com website, and the Vendor reserves the right, outside this validity period, 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 www.mireilleoster.com website and calculated before the order is placed.
If the Customer requests a faster or more expensive method of shipping than standard shipping, the additional delivery costs, as they appear at the time of confirmation of the order by the Customer, are payable in full by them.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 – PAYMENT TERMS
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: Carte Bancaire, Visa, MasterCard, American Express
- By banker’s cheque,
- By telephone.
Payment by credit card cannot be cancelled, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the return of the corresponding sums.
In the case of payment by cheque, it must be issued by a bank registered in mainland France. The cheque is cashed upon receipt.
Payments made by the Customer will only be considered final after actual receipt by the Vendor of the sums due.
Furthermore, the Vendor reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the delivery of pending orders made by the Customer.
ARTICLE 8 – Deliveries
The Products ordered by the Customer will be delivered in mainland France and Corsica within an indicative period of 3 to 5 days from the dispatch of the order – to the address indicated by the Customer when ordering on the www.mireilleoster.com website.
Except in special cases or unavailability of several Products, the Products ordered will be delivered in a single shipment.
The Vendor undertakes to make every effort to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are stated for information only. The sale may be revoked at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to them at the latest within fourteen days of the date of termination of the contract, excluding any compensation or withholding.
In the event of non-compliance of the delivered Product, the Vendor undertakes to remedy the situation or to refund the Customer.
The Vendor, Ms Mireille OSTER, takes the greatest care in the quality of her products and in the preparation of orders. However, it is the Customer’s responsibility to check, upon receipt, the compliance with the order of the products delivered, and their quantity. In the event of non-compliance, they have 5 clear days following delivery to send the vendor a written complaint including the products, packaging and labels.
No complaint may be taken into account in the event of non-compliance with the storage conditions of the products, as well as the best before date appearing on the packaging. The customer will be fully reimbursed for the sums paid no later than 14 days after 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 receipt of the Product to exercise their right of withdrawal with the Vendor, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging, unopened, and in perfect condition within 5 working days following notification to the Vendor of the Customer’s decision to withdraw.
Returns must be made intact, in their original packaging, unopened, allowing them to be returned to the market as new, accompanied by the purchase invoice.
Our customers undertake to strictly comply with the storage conditions for the products as well as the use-by date indicated on the packaging.
No reservation may be expressed 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 shall be refunded; the return costs shall remain payable by the Customer.
The refund will be made within 14 days of notification to the Vendor of the withdrawal decision, without this refund being able to take place before the products are returned to the Vendor’s premises.
ARTICLE 10 – PERSONAL DATA PROTECTION
In application of French law 78-17 of 6 January 1978 amended by law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for processing their order and issuing invoices, in particular.
This data may be communicated to any partners of the Vendor responsible for the execution, processing, management and payment of orders.
Processing of information communicated through the www.mireilleoster.com website meets the legal requirements for personal data protection and the information system used ensures optimal protection of this data.
The Customer has, in accordance with the French and European regulations in force, a right of permanent access, modification, rectification, objection, portability and limitation of processing with regard to information concerning them.
This right can be exercised under the conditions and according to the methods defined on the www.mireilleoster.com website.
ARTICLE 11 – INTELLECTUAL PROPERTY
The contents of the www.mireilleoster.com website are the property of the Vendor and are protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of infringement.
ARTICLE 12 – FORCE MAJEURE
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, pursuant to article 1218 of the French Civil Code.
ARTICLE 13 – APPLICABLE LAW – LANGUAGE
These Terms and conditions of Sale and the operations resulting from them are governed by French law.
APPENDIX – WITHDRAWAL FORM
This form must be completed and sent only if the Customer wishes to withdraw the order placed on the www.mireilleoster.com website except for exclusions or limits on the exercise of the right of withdrawal according to the applicable Terms and conditions of Sale.
For the attention of Ms Mireille OSTER,
14 rue des Dentelles – 67000 STRASBOURG
Order date __________
Order number: ______________
Customer Name: _______________________
Customer Address: _____________________
Customer Signature (only in the event of completing this form on paper):