Terms and conditions
TERMS OF SALES
to 01 JANUARY 2020
Article 1 - Scope
These general conditions of sale apply to any order placed by a customer (hereinafter the Customer) having placed an order by telephone or by email from the company Gold Gate SASU, distributing the products of the registered trademark ByDEHESA. (hereinafter referred to as the seller).
The Customer is invited to accept the application of these general conditions of sale at the time of handing over the price list in force. Its acceptance constitutes its full, entire and unreserved acceptance of the content thereof.
The Customer is informed that the Seller reserves the right to modify unilaterally, without prior information and at any time, the content of these general conditions of sale. He is therefore invited to consult them regularly on request, in order to take note of any possible modification.
The Customer will be subject to the general conditions of sale in force on the day he places his order.
Article 2 - Order
Each order constitutes a sales contract of which the parties are the Customer and the Company GOLD GATE SASU, domiciled in the Industrial Zone of the Porte des Loges, Rue de la Croix Blanche, 78350 Les Loges-en-Josas, France, registered in the Register of Commerce et des Sociétés de Créteil under number 817 943 434 acting as seller (hereinafter referred to as the Seller).
The sales catalog for professionals as well as the By DEHESA website present the products available for sale. The photographs of the products offered are only illustrative and in no way constitute a contractual commitment of the Seller towards the Customer. Only the technical sheets have legal value, and are available to the customer on simple written request or by email to contact@bydehesa.com.
All orders will be executed within the limits of available stocks. In the event of an unavailable product ordered by the Customer, the latter will be informed by the Seller by email and / or by telephone. In this case, the Customer may request the cancellation of his order or the exchange of the product (s) concerned.
Orders are to be placed on our contact email address: contact@bydehesa.com or by phone on 06 69 18 32 32. The Seller will not be required to confirm orders by these two means. Only the Kimayo application available on smartphones offers automatic order confirmation. This solution will be offered to the Customer as soon as their account is opened and will be compulsory from January 1, 2020. Administrative costs of 5 euros excluding tax will be charged on each new order that will not be entered by the application from January 1. 2020.
Article 3 - Payment of the Price
Orders are to be paid according to the deadlines and bank details mentioned on the invoices, from the date of issue of said invoices.
Said invoices, and their associated delivery notes, will be sent to the address and / or email indicated by the Customer when opening an account. The Customer is required to carry out all the due diligence necessary for the proper receipt of invoices (change of email address of contact person). The Seller will not be held responsible for any delay in payment linked to the non-receipt of the said invoice.
Late payment penalties: according to Articles L.441-3 to L.441-7 of the Commercial Code, the rate that will be applied is 15% per year. A lump sum compensation for recovery costs equal to € 40 will be due automatically from the first day of late payment (Article D. 441-5 of the Commercial Code).
No discount will be granted for early payment.
In the event of an unfunded check from the Customer or refusal to collect the said check from the seller's bank, the latter will be able to charge the bank charges inherent in this operation at the Customer's expense.
Article 4 - Delivery
The products are delivered to the address indicated by the Customer when ordering. The Customer is required to carry out all the due diligence necessary for the successful completion of the delivery. As such, he is required to provide all the information essential for delivery (exact address, door code, telephone number, etc.). It is up to him to ensure the possibilities and means of access allowing the delivery of the products to the address indicated by him.
In the event of an error in providing this information, the Customer will assume all possible additional transport costs generated by this error.
Under no circumstances can the Seller be held responsible:
- errors made by the Customer in the delivery information he provided when placing his order,
- in the event of a possible degradation of the products due to the late receipt of a package due to the absence of the Customer or the person authorized to receive it.
Current rates
Orders must reach a minimum total amount excluding VAT of 300 euros for deliveries located in Paris and its inner suburbs (92, 93, 95, 78). They must reach a minimum total amount excluding VAT of 450 euros for deliveries located in the provinces.
The shipping costs are 18 euros HT for deliveries located in Paris and its inner suburbs (92, 93, 95, 78). They are 20 euros HT for fresh and dry and 25 euros HT for frozen in the provinces.
Article 5 - Complaints
The Seller declares to have taken all the necessary precautions in the packaging and shipping of orders in order to preserve the perfect conservation of the products.
The Customer will have a period of twenty-four hours after receipt of the order to make the following complaints under the conditions set out below:
- the damage observed on receipt of the order package must be immediately entered by the Customer on the delivery note or the form provided for this purpose from the subcontracting carrier;
- in the event of damage observed inside the package of the order, the Customer must immediately report them to the Seller by sending his sales department a full descriptive email including photos on contact@bydehesa.com;
- the Customer must also mention any missing goods in the package of his order.
In all three cases, the Seller will study the subject of the complaint, conduct an investigation and do everything in its power to provide the Customer with a repair solution if necessary.
Article 6 - Withdrawal
The Customer recognizes and accepts without reservation that the products that can be ordered are likely to deteriorate or expire quickly. As a result, orders placed by phone, email or on the website of www.bydehesa.com cannot be the subject of a withdrawal as provided for in article L121-20 et seq. Of the French Code of consumption.
Article 7 - Liability
The Seller recommends to the Customer:
- to make an exclusively personal consumption of the products of his order;
- to comply with its advice on the consumption and conservation of the products from their delivery indicated on the technical sheets available on simple written request to the head office of Gold Gate SAS or by email to contact@bydehesa.com;
- not to consume the products beyond the use-by date appearing on the labeling given their perishable nature.
If the Customer fails to comply with these recommendations, he cannot hold the Seller responsible for any resulting damage.
Furthermore, the Seller cannot commit to the Customer that his products will completely meet his personal taste expectations.
The Customer acknowledges that these general conditions of sale are also valid for an order that he would place on behalf of others. In this case, he cannot hold the Seller responsible for any possible damage constituting a breach of these general conditions of sale. This concerns damage affecting both the products and the recipient of an order made on behalf of others.
Article 8 - Personal data
In order to process his order under the best possible conditions, the Customer is required to provide the Seller with a set of personal data concerning him. This information is collected for administrative and commercial purposes and is subject to computer processing.
In accordance with the law "Informatique et Libertés" of January 6, 1978 amended in 2004, the Customer is informed that he has the right to access, query, modify, rectify and delete personal data concerning him. He can exercise this right by sending an email to contact@bydehesa.com .
Article 9 - Applicable law and competent jurisdiction
In the event of a dispute between the Seller and the Customer of any nature whatsoever, the latter both have a period of one month from its occurrence to attempt to resolve it amicably. If they cannot find an amicable solution, the dispute may be submitted to French law before the competent court with regard to the New French Code of Civil Procedure.