1. DESIGNATION OF THE SELLER
The present site is published by Etablissements Georges and Bernard HILLIET, the trade name of which is the ‘CONSERVERIE LA BELLE ILOISE’, situated at rue de Kerné - ZA Plein Ouest - 56170 Quiberon, registered in the RCS of Lorient under number 873 500 086 and the share capital of which amounts to €240,120.
2. APPLICATION OF THE GENERAL CONDITIONS OF SALE
2.1- These General Conditions of Sale of (GCS) apply to the products sold in Metropolitan France by the Seller, via its website: labelleiloise.fr. The GCS govern exclusively the contracts for the online sale of the products of the CONSERVERIE LA BELLE ILOISE to purchasers with the status of consumers (hereafter ‘Customers’) and constitutes together with an online order the contractual documents binding upon the parties, to the exclusion of all other documents, lists or photographs of products, which are for indication only.
2.2- You declare that you have read and accepted these GCS before placing your order. Consequently, the fact of placing an order implies the full and unreserved acceptance by the Customer of these GCS to the exclusion of any other document that may conflict with these GCS.
2.3- No particular condition can, without formal, written acceptance by the CONSERVERIE LA BELLE ILOISE, prevail over these conditions. Any contrary condition imposed by the Customer shall, in the absence of express written acceptance by the Seller, be unenforceable against the CONSERVERIE LA BELLE ILOISE, regardless of when it may have been brought to its attention.
2.4- The fact that the CONSERVERIE LA BELLE ILOISE does not rely, at any particular time on any one of these General Conditions, may not be interpreted as a waiver of the right to rely on one of the said conditions at a later date.
2.5- These GCS can be amended by the CONSERVERIE LA BELLE ILOISE at any time. If the GCS are amended, the applicable GCS are those in effect on the date of the order.
2.6- The Customer states that he/she has the capacity to conclude this Contract, the General Conditions of Sale of which are presented hereafter, i.e. that he/she has attained the age of legal majority and is not subject to guardianship or trusteeship.
3.1- The products offered for sale by the CONSERVERIE LA BELLE ILOISE, as listed on its website, are each subject to a description stating their essential characteristics within the meaning of Article L.111-1 of the Consumer Code and are sold by batch. These offers are valid while present online and are limited to Metropolitan France. This offer is reserved for individuals (natural persons of full age) resident in France.
For delivery to an address outside metropolitan France, we can send you a quote by e-mail without any commitment on your part. For this, you will need to send your detailed order, stating your country of delivery, to the e-mail address: firstname.lastname@example.org. We will then be able to send you an estimate as soon as possible and will also be able to calculate your shipping costs.
3.2- The Customer is informed that the products must be stored in a non-refrigerated, clean, cool, dry place, which is not subject to variations in temperature.
3.3 - The photographs illustrating the products presented are for indication only and have no contractual significance. The CONSERVERIE LA BELLE ILOISE undertakes to honour orders received within the limits of available stocks.
4.1- The prices indicated are expressed in Euros all taxes included, except for a contribution to the shipping costs mentioned prior to approval of the order and invoiced in addition. The total amount owed by the consumer is indicated on the order confirmation page. The selling price of the product is the price in effect on the day of the order.
4.2- All prices are subject to any obvious typographical errors. If an error should occur, the CONSERVERIE LA BELLE ILOISE will contact the Customer to indicate that the order will be charged under the relevant corrected conditions. In the event that the corrected conditions are refused, the Customer will be free to cancel the corrected order without penalty, following the sending to the CONSERVERIE LA BELLE ILOISE of an express, written request to this effect.
4.3- The CONSERVERIE LA BELLE ILOISE reserves the right to alter its prices at any time, while guaranteeing to the consumer that the price in effect on the day of the order will be the price charged.
5. PARTICIPATION IN SHIPPING COSTS
Participation in shipping costs varies, depending on the value of your order. This item of information, which the Customer has been able to read prior to the order, was calculated directly on your order form.
For any non-commercial transaction, shipping costs are a flat rate of €6 for delivery within metropolitan France.
Shipping costs for delivery within metropolitan France will be offered to you:
- At home, from €98 purchase value.
- At POINT RELAIS® Mondial Relay, from €30 purchase value.
You benefit from a discount on the total amount of your orders excluding shipping costs:
- From 3% from €229 purchase value
- 5% from €381 purchase value
- 7% from €1,220 purchase value
These discounts can be applied to bulk orders.
7. PAYMENT TERMS
7.1- Payment Methods
Two different payment methods are available on the CONSERVERIE LA BELLE ILOISE website.
a. Payment by credit card
The price of the products ordered may be payable in full as soon as the order form is issued by VISA or EUROCARD or MASTERCARD credit card.
The Customer is required to provide: the type of credit card, the card number, the name of the cardholder, the expiry date and the cryptogram.
The Customer guarantees that he/she is fully authorised to use the card and that it gives access to sufficient funds to cover all the costs resulting from his/her order.
Payments by credit card are made in full for the order, and in Euros exclusively. Credit card payments are secured by the MoneticoPaiement solution distributed by Crédit Mutuel Group - CIC. This solution permits you to make your purchases safely.
At the time of online payment of your order, you are automatically transferred to the bank’s server through a secure transaction in SSL (Secure Socket Layer). The card number is encrypted (Transport Layer Security technology) between the browser and the MoneticoPaiement server.
All information relating to your Credit Card is recorded only in the databases of MoneticoPaiement and not in those of the Conserverie la belle-iloise. In no way do we receive, store or retain any information relating to your banking information.
On our website, online payment by credit card is fully secure. Depending on the browser, whenever the payment is a secure one, you will see the mention ‘HTTPS’ in the URL of the Internet page together with a Key symbol. These visuals ensure that you are making a safe purchase.
The Customer’s card will be debited seven working days after his/her order.
b. Payment by cheque
Payment by cheque is accepted for orders placed on our site. Only cheques issued by French banking institutions are accepted. For orders payable by cheque, we request that you send one cheque only, endorsed on the back with your order number as received in your order acknowledgment e-mail, to: CONSERVERIE LA BELLE ILOISE - CS 30804 56178 Quiberon cedex. On receipt of your cheque, your order will be sent to Customer Service for processing.
7.2- The CONSERVERIE LA BELLE ILOISE reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of these GCS.
Anyone whose account has been suspended or closed cannot order on the CONSERVERIE LA BELLE ILOISE website without obtaining our permission first.
The CONSERVERIE LA BELLE ILOISE specifically reserves the right to refuse to make a delivery or to honour an order from a Customer who has not fully paid for a previous order or with whom a dispute has not been resolved.
7.3- Any amount not paid at the due date shall give rise, without notice, to interest at the statutory rate.
After selecting your products and filling in your identification details, you proceed to payment, which is carried out either by bank card as a secure payment or by cheque.
You will need to complete all of the mandatory fields specified on the electronic form. An order number will be assigned to you. By clicking on the ‘Order with Payment Obligation’ button at the end of your order, you indicate that you accept the General Conditions without reservation. The data recorded on the CONSERVERIE LA BELLE ILOISE website constitutes proof of all the transactions made with its Customers.
Similarly, the data recorded by the payment system constitutes proof of the financial transactions.
You also have the opportunity to place a bulk order on our website yourself by clicking on the heading ‘Group Order’.
9. ORDER CONFIRMATION
9.1- After recording the order placed, the CONSERVERIE LA BELLE ILOISE sends an e-mail confirming the order to the Customer. By retaining this e-mail and / or by printing it, the Customer has proof of his/her order, which the CONSERVERIE LA BELLE ILOISE recommends him/her to keep.
Note: this e-mail confirms that the Customer’s order has been noted by the CONSERVERIE LA BELLE ILOISE but not that the product ordered is available.
The order is noted and the delivery time begins to run:
- For an order placed before 12 noon on a working day: on the date of the order;
- For an order placed after 12 noon or a non-working day: the working day following the date of the order.
9.2- Our supplies depend on seasonal fishing campaigns, so that we are unable to guarantee constant availability of the items offered.
If any of the items ordered are out of stock at the time we receive your order, we will either:
. send a refund cheque to the Customer by post, in the absence of the product,
. or contact the Customer:
- to arrange a delivery date for the entirety of his/her order,
- or to offer a replacement product.
In the case of delivery of a replacement product, the cost of the return following a possible exercise of the right of withdrawal by the Customer will be charged to the CONSERVERIE LA BELLE ILOISE for this product only.
Delivery means transfer to the consumer of the physical possession or control of the product.
Orders are delivered to the address indicated by you using either of two delivery methods, at the option of the Customer:
- By POINT RELAIS® Mondial Relay, depending on the opening days of the relay point selected. This delivery method is valid only for parcels of less than 20 kg. You will be informed by e-mail on the day that your order arrives at point relais. You will then have 14 days to withdraw your order.
- By post using the Colissimo Suivi service, from Monday to Saturday. You will be informed by the French post office and by e-mail of the scheduled delivery day. If you are away, using the failed delivery slip left with you, you will be able to arrange delivery at home (within six days) or to retrieve your package at the post office within 10 days.
This delivery method is valid for all orders weighing less than 50 kg. Beyond this weight, your packages will be sent to you by courier, using a specialised carrier.
In the case of a bulk order, the delivery of the order is divided into as many batches as there are recipients.
If the products ordered have not been delivered within 20 days from the delivery date, for any reason other than force majeure, the Customer may order the Seller to execute the order within a reasonable additional period, doing so by registered letter with acknowledgment of receipt. Failing order execution at the end of this period, the sale can be cancelled at the request of the Customer by registered letter with acknowledgment of receipt. The sums paid by the Customer will then be returned to him/her, excluding any compensation whatsoever.
11. CHECKING PRODUCTS DELIVERED
At the time of receiving his/her order, the Customer is required to check the apparent condition of the products delivered (i.e. that the packaging and contents are not spoiled or damaged, especially as a result of transport) and also whether the quantity of products delivered is in conformity with the order. Any apparent defect and / or any non-conformity with the order of the quantity of products delivered must form the object of a reservation by the Customer made to the carrier and must be confirmed by the Customer, within fourteen days from the date of receipt of the product by the Customer; whereby this reservation must be sent to the CONSERVERIE LA BELLE ILOISE using one of the following methods:
. registered letter with acknowledgment of receipt,
The Customer’s request must show the relevant Customer number and order reference. Without this conferring any exemption from the formalities referred to above, the Customer may nevertheless contact the CONSERVERIE LA BELLE ILOISE for information by telephone and / or fax.
The relevant contact details are as follows:
• - By e-mail: email@example.com
• - By telephone : 02.97.50.08.77 Mondays to Fridays from 9 AM to 12 noon and from 2 PM to 6 PM.
• - By fax: 02.97.50.35.20
• - By post: CONSERVERIE LA BELLE ILOISE – Service Clients CS 30804 – 56178 QUIBERON cedex
Otherwise, both the packaging and the products delivered will be considered to be free from apparent defects and the quantity of products delivered will be considered to be in conformity with the order.
No product can be exchanged until it has been sent back and is received by the CONSERVERIE LA BELLE ILOISE in good condition.
Before any product is returned to the CONSERVERIE LA BELLE ILOISE, it is essential for the Customer to contact the CONSERVERIE LA BELLE ILOISE by calling the number stated above, in order to obtain a returns authorisation number, which must then be affixed clearly to the return package containing the product. Any product returned without a returns number will be refused and sent back to the sender.
The products offered for sale comply with the regulations in force in France. The products supplied by the seller benefit from statutory warrantees automatically and without the need for additional payment:
- the legal warranty of conformity, for apparently defective, spoiled or damaged products or not corresponding to the order;
- the legal warranty against hidden defects resulting from a defect in material, design or manufacturing affecting the products delivered and rendering them unfit for use, under the following conditions:
As part of the legal warranty of conformity, the Customer:
. Benefits from a period of two years from delivery of the item in which to act against the Seller;
. Can choose between the repair or replacement of the product ordered, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
. Is exempt from providing proof of nonconformity of the product during the 24 months following delivery of the product, except for second-hand goods.
The legal warranty of conformity applies regardless of the commercial warranty that may cover the product.
The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code. In this case, he/she can choose between cancellation of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.
In order to assert his/her rights to the warranties, the Customer must inform the Seller, in writing, of the non-conformity of the products within the above-mentioned deadlines and of any hidden defects of the goods within three months of delivery. The Customer must, after approval by the Seller, return the defective products to the address of the Seller in a complete and good condition.
No product can be exchanged before being redirected and received by the Seller. Before returning any products to the Seller and to obtain reimbursement of the cost of the return, the Customer must contact the Seller to obtain a returns authorisation number, and must affix it to the return package.
Any product returned without a return number will be rejected. The Seller will replace the products under warranty deemed non-compliant or defective and will bear the cost of sending them back. The risks associated with the return of the product, regardless of the cause, are payable by the Customer.
13. RIGHT TO RETRACT
To view information about your right of withdrawal, click here
14. TRANSFER OF OWNERSHIP/TITLE - TRANSFER OF RISKS
THE PRODUCTS DELIVERED BY THE CONSERVERIE LA BELLE ILOISE ARE SOLD WITH A CLAUSE THAT EXPRESSLY RENDERS TRANSFER OF TITLE TO THEM SUBJECT TO FULL PAYMENT OF THE PURCHASE PRICE AS REGARDS THE PRINCIPAL SUM AND ANY ACCESSORY SUMS.
The mere handover of an order creating an obligation to pay, whether a cheque or otherwise, does not constitute payment, whereby the claim originating from the CONSERVERIE LA BELLE ILOISE against the Customer remains in being together with the warranties attached thereto, including the associated retention of title, until the payment order or the bill of exchange has actually been paid and the sums due have been received by the CONSERVERIE LA BELLE ILOISE.
The risk of loss or damage to the products is transferred to the consumer at the moment when he/she takes, or a third party designated by him/her, takes physical possession of the product. The products travel at the risk and peril of the Seller.
15. DISCLAIMER OF LIABILITY
The Seller’s liability cannot be incurred in the event of non-performance or improper due performance of the contract, either by the Customer, by virtue of an insurmountable and unforeseeable fact of a third party to the contract or by force majeure within the meaning of the Article 1218 of the Civil Code.
Consequently, in the event of a transport strike, as well as in the event of a strike within our establishments or at our suppliers, as well as in the event of riots, war, attack, lack of raw materials or energy resources, or in the event of any other case of force majeure, the CONSERVERIE LA BELLE ILOISE may suspend its deliveries, and cancel all or part of the orders in progress, without the Customer being able to claim any compensation therefor.
16. APPLICABLE LAW - DISPUTES
The GCS and the resulting transactions are governed by French law. In case of translation of these GCS into a foreign language, the French version takes precedence over any other version.
All disputes to which the purchase and sale transactions concluded under the present GSC could give rise, concerning their validity, their interpretation, their execution, their cancellation, their consequences and their aftermath and which could not have been solved amicably between the Seller and the Customer, shall be submitted to the competent courts under common law conditions.
The Customer is hereby informed that he/she can in any case resort to a conventional mediation.
In accordance with the rules applicable to the mediation, any consumer dispute must be entrusted beforehand in writing to the Customer Service Department of the CONSERVERIE LA BELLE ILOISE (CS 30804 - 56178 QUIBERON cedex).
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the CONSERVERIE LA BELLE ILOISE adheres to the MEDIATION-NET mediator service.
The Customer can use the mediation service for consumer disputes in relation to any order placed with the CONSERVERIE LA BELLE ILOISE over the Internet. Following a prior written action by consumers in relation to the LA BELLE ILOISE CONSERVERIE, the mediator service can be seized for any consumer dispute that has not yet been successfully settled.
The mediator must be seized within a maximum of one year from the initial claim. The mediator at MEDIATION NET can be seized at the following address: www.mediation-net.com
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent and out-of-court settlement of online disputes between consumers and business professionals of the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
17. PROTECTION OF PERSONAL DATA
The information held about you is intended for the Conserverie la belle-iloise, in order to enable us respond to your requests (creation of an account, subscription to the newsletter, order processing, catalogue request, participation in a game, request management and complaints to our Customer Service Department, quote request, request for listing).
The personal data protection policy of the Conserverie la belle-iloise is available on its website, in the dedicated section (link). This section also informs you about our use of tracers and cookies.
You have the right to ask the Conserverie la belle-iloise for access to any information about you, its rectification or deletion. You can also exercise your right to object to the processing of your personal data for legitimate reasons, as well as your right to object to your data being used for commercial prospecting purposes. Finally, you have the right to set guidelines on the fate of your personal data after your death or on use of your right to data portability.
To exercise your rights, just write to us, stating your name, first name, address and, if possible, your Customer number and attaching a proof of identity, to the following address: Conserverie la belle-iloise - Customer Service - CS 30804 - 5178 QUIBERON Cedex, or by e-mail to: firstname.lastname@example.org. You can also manage your preferences in your online Customer account (under my information), so as to stop receiving the newsletter; or else click on the unsubscribe link at the bottom of one of our e-mails.
Article L. 217-4 Consumer Code The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity arising from packaging, assembly instructions or installation when the contract assigns it responsibility for the latter or when it was carried out under its liability.
Article L. 217-5 Consumer Code The property conforms to the contract: . If it is fit for the use normally expected of a similar item and, where applicable: - if it matches the description given by the seller and has the qualities that the seller represented to the purchaser in the form of a sample or model; - if it has the qualities that a purchaser can legitimately expect in light of the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling; Or, if it has the characteristics defined by mutual consent between the parties or is fit for any special use sought by the purchaser, as communicated to and agreed to by the seller.
Article L217-12 Consumer Code Any action arising from a lack of conformity must be taken within two years after delivery of the item.
Article L. 217-16 Consumer Code: When the purchaser asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of an item of movable property, a restoration covered by the warranty, any period of immobilisation of at least seven days is added to the duration of the warranty remaining to run. This period runs from the request for intervention by the purchaser or handover for repair of the property in question, if this handover is subsequent to the request for intervention.
Article 1641 Civil Code The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the purchaser would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 paragraph 1 Civil Code An action resulting from latent defects must be brought by the purchaser within two years from discovery of the defect.