GENERAL TERMS OF SALE AND USE
Article 1 - APPLICATION of the CONDITIONS - preliminary information
This site is published by the inspired (hereinafter "Publisher") company, limited liability company (SARL) with a capital of 45,000 Euros, registered in the register of trade and companies (RCS) of Marseille under the number B 790379994, and whose registered office is SIS 9 Street Jacques Réattu, 13009 Marseille. Intra-Community VAT number: FR20790379994. Tel: + 33 4 96 12 05 10
The buyer is defined below as the company or the person signatory and accepting these terms of sale. The General conditions of sale apply exclusively to all the sales concluded by the Publisher on the website WWW.PLANETE-GATEAU.COM both for its own account and for that of his constituents. All other conditions engage the seller only after written confirmation of its share. The information given on the catalogues, price lists, Web sites, notes, etc. are given for information only and, as such, can be changed by the seller without notice. Simply place an order or to accept an offer of the seller has the unreserved acceptance of these general conditions. The offers are valid within the limit of the option deadline of one week from the date of the offer unless provisions to the contrary on this offer. These terms may be changed at any time and without notice by the Publisher, the changes being then applicable to all subsequent orders.
Article 2 - ORDER
The offers are valid within the limit of stocks available. In the case of quote, the offer will remain valid one week except contrary stipulations laid on it. The french is the only language offered for the conclusion of the contract.
2.1 description of product
The essential characteristics of the product are indicated in the "pro card".product"containing a photo of the product in general and indicating its peculiarities. The photographs illustrating the products, in support of the text, do not enter the contractual field; If errors were introduced there, in no case the responsibility of the Publisher could not be committed. Detailed description of the product is the sole source contract. Manufacturers may change without notice the technical composition of the reference product. the editor on his site WWW.PLANETE-GATEAU.COM is at any time entitled to refresh, improve its sheets or remove its products from sale and/or peripheral products. It is your responsibility if you are not proficient enough to be assisted by counsel. You can contact the editor for additional information on the products presented on the site WWW.PLANETE-GATEAU.COM via the CONTACTS page of our site WWW.PLANETE-GATEAU.COM.
2.2 availability of products
You are informed of the availability of the product directly on the site WWW.PLANETE-GATEAU.COM. However, in case of unavailability of the ordered product, the Publisher may provide you with a good quality and equivalent price; in this case, if you exercise your right of withdrawal, the return costs will be at our expense. However, you retain the option to resolve the sale and request a refund (refund will be done within a maximum period of 30 days from the date of receipt of the material). For products not stored in our warehouses, our offers are valid subject to availability from our suppliers.
2.3 limitations to import
You must check with the local authority in the country of possible limitations of import or use of the products or services that you plan to order. You acknowledge that the product may contain technology and software subject to the laws on the export controls of the United States and the European Union as well as the laws of the country where they are delivered or used. You must comply with these laws. Products may not be sold, leased or transferred to users or countries subject to restriction, or who would use them for purposes of mass destruction or genocide. You should refer to the regulations, which vary according to the products regularly.
2.4 steps to conclude the contract
During the first order by Internet, any new client must create a 'Client account'; an identifier ("login") and a password of at least six alphanumeric characters will be requested. During each validation control, you will be directed to your account via a secure connection Recalling the content of your order. Your order will be permanently saved until after the different information and final validation. When you post the order by selecting a mode of regulation, the sale shall be deemed concluded (agreement on the goods and the price). Taking into account your order is confirmed by sending an email generated automatically by our website to the electronic address specified during the creation of the customer account. Contractual information is presented in French and will be a confirmation containing this information no later than upon delivery. The Publisher reserves the right to cancel or refuse any order on the site WWW.PLANETE-GATEAU.COM a customer with whom there is a dispute as to the payment of a previous order.
2.5 cancellation of the order
The order placed on our site is automatically cancelled if no payment is received. In the case of a payment by credit card, you have an hour, from the receipt of the confirmation e-mail, to cancel your order. We invite you to contact us usingSant the form from the contact page of our website WWW.PLANETE-GATEAU.COM by mentioning the name of billing on the order and the order number. As long as your order is not shipped, you can cancel it. When the order is shipped, the cancellation can be done by refusal on your part of the package, without opening it, sent by the Publisher.
It is clear to the professionals that no unilateral cancellation of order from them will not be accepted without the agreement of the editor and the orders sent directly by the buyer or that are transmitted by the representatives of the seller agents only bind the seller until they have been accepted in writing. All changes orders and any accessories or derogatory terms about the purpose and terms of the sale are valid only insofar as they appear in the offer or confirmation made by the seller.
Article 3 - prices
The site prices are in euros (all taxes included), excluding costs of delivery. They are likely to vary, especially in case of changes of the currency against the euro or change in the VAT rate. However, the prices appearing on your order after validation and registration are closed and final: if prices fall a few days after ordering, we cannot compensate you for the difference. If prices rise, we committed to delivering at the price set on the day of the order. The amount of shipping is calculated automatically according to each order; It appears on the summary of your order, before final registration. If you are a customer outside the European Union or in the DOM TOM, will be invoiced with VAT.
All orders delivered outside metropolitan France may be submitted to any customs clearance charges, customs, Sea Grant and local taxes at the time of delivery. Their acquittal is your responsibility and is your responsibility. Learn more - you with the competent authorities of the country of delivery. However, goods purchased by professionals are at the price agreed to order within the limits of the option period, and general economic conditions (taxes, exchange rate), at the time of delivery. In the case of products indexed on a currency: any variation to the disfavor of the seller, of 2% of the price of the currency against the euro set the day of the offer can be passed on the day of billing. On sites dedicated to professionals, prices include taxes, expenses of packaging, transport and insurance freight not included, ex-warehouse of the seller.
Article 4 - delivery
Delivery is carried out either by direct delivery to the buyer, or by notice of disposal, either for professionals by delivery of the goods to a carrier.
4.1 delivery times
The delivery is made to the address that you provided when placing the order on the site WWW.PLANETE-GATEAU.COM. The publisher undertakes to deliver the 30 days after the day following that where you have sent us your order. Any delivery time is given for information only; the times shown on the site are usually observed shortly and correspond to processing orders, in addition to the shipping time of the carriers. "Within 24 hours Express" the carrier FedEx deliveries are not insured on Saturday. The seller is authorized to carry out partial deliveries. Any partial delivery accepted by the buyer is subject to billing at time of delivery.
4.2 delay in delivery
In case of delay in delivery, we recommend that you check online the status of your order before contacting us, on the site of the carrier by the number shipping. We invite you to notify us of any delay a week compared with the average delivery time found in order to start an investigation with the carrier (survey times can vary from one to four weeks). If during the investigation period, the product is found, it will be returned immediately to your home. If however the product is not found at the end of the investigation period, the carrier considers the package as lost, and we will send you a replacement product, at our expense. If the 30-day period is exceeded by more than 7 days, except in cases of force majeure, you have the option to cancel your order and get a refund; You must then send us a registered letter with acknowledgement of receipt within 30 days from the date of delivery. By express agreement, a case of force majeure or events such as lockouts, strike, work stoppage total or partial in the factory of the seller or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in the transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller is released from all responsibilities to delivery. The seller will hold the buyer know in due course, of the cases and the above listed events. In all cases, the delivery can intervene only if the buyer is up-to-date with its obligations to the seller regardless of the cause.
4.3 sending relay point
An e-mail is sent to indicate the availability of the command in the relay point. The buyer will have then 10 days to pick up the command with a valid identification with photo and if a copy of the email confirming the delivery. After this period of 10 days, if the parcel has still not been claimed, it will be returned to the sender. The enAIS for shipping and return costs will be the responsibility of the buyer.
Article 5 - transportation
Unless otherwise agreed, the Publisher freely chooses the carrier.5.1 risks related to the transportThe editor supports the risks associated with the transport until delivery, i.e. until the physical delivery of the goods to the recipient specified at time of order or his representative who accepts it, as long as you check the goods at their reception in the presence of the carrier and untenably, if need be, writing on the travel voucher, reserves observed according to the procedure described below. By way of exception, the risks and perils of transport (including loss, damage or theft) are charged to the customer if it is a professional.
5.2 the goods
You should refuse delivery if the goods are damaged, missing or if the package has been opened or reconditioned (except customs clearance). In case of loss or damage, you must issue precise and detailed written reserves on the delivery note of the carrier in the presence of it or its employees; You then go to the carrier a registered letter containing reserves, within 3 days of the delivery. The goods accepted without reservations by the recipient upon delivery and/or in the absence of mail addressed to the carrier within 3 days, is deemed arrived in good condition and in its entirety (number of rooms, identity in relation to the order, etc.). No claim shall be supported by the editor and the Publisher responsibility could not be committed. For any question or problem that you may encounter, we invite you to contact us through our contacts page accessible from the homepage of our website WWW.PLANETE-GATEAU.COM
Article 6 - claim and after sales SERVICE
For any claim, we invite you to contact our e-servicesn connecting you on our site WWW.PLANETE-GATEAU.COM and by going to the contacts page. All claims relating to a defect of the delivered goods, to an inaccuracy, in quantities or their incorrect reference compared to the accepted offer or the confirmation of the order by the seller must be made to the seller by mail recommended within a period of 48 hours from the receipt of the goods, without neglecting if necessary and in accordance with article 5 appeals against the carrier, otherwise the right to claim from the buyer will cease to be acquired.
6.1 need for a return number
The return of the goods is only by post, unless otherwise stated. Any return of goods requires the prior consent of the Publisher and a return number, which can be obtained free of charge via the contacts page accessible from the home page of the site WWW.PLANETE-GATEAU.COM
. You will receive a return agreement by the means deemed most appropriate by the editor. An agreement to return, the goods will be returned or held at your disposal, at your expense, risk and peril, all costs of transport, storage, handling being your responsibility. Without pre-paid label sent by the Publisher, products are returned at your expense and at your own risk. We recommend you to send your products in shipment tracking, to declare the value of the goods and transport insurance. The buyer after obtaining the agreement of return of 7 days to make the return of the defective goods to the seller. The following information is usually requested: precise coordinates, designation of the element or elements concerned, serial number or the failure observed the case may be, and the invoice or delivery note number corresponding to parts described. The goods must be returned with a copy of the invoice and the return number on the parcel within a maximum period of 7 days after agreement back to the editor at the address that we'll give you.
6.2 necessity of the original packaging
Any defective product must be returned in its original packaging, which allows only to transport the product in good conditions, with warranty labels, include all of the product and its accessories and be accompanied by legible return number. All product incomplete, damaged, damaged or whose original packaging has been damaged, won't be returned, nor exchanged or refunded and you must pay the sum of €39 including tax to cover the cost of reconditioning of parts including packing of origin would have disappeared or have been damaged. The sender must therefore ensure the packaging and the packaging of the material it sends. In particular, the recipient will be able to reship the goods on a different destination than the original destination with the same packaging, to the risks for the sender to be held responsible for damage that occurred during this subsequent transportation.A food product respecting the technical description that is actually on the site and expiry date, if it was opened and (or) consumed cannot be no right of recovery, Exchange or refund.
All refund requests will be taken into account only after the arrival of the products returned to the editor according to the return procedure above. In case of return and refund request, the terms will be the following: Package returned to the control of the customer: refund of the product, fresh back to the responsibility of the customer.-Parcel returned because of the responsibility of the company (nonconformity, parcel not happened...): refund of the product, and the cost of return shipping fees.
All product that has been damaged, or whose original packaging has been damaged, will be neither refunded nor exchanged. In particular, a product whose packaging has been damaged during the return will not be accepted.
6.4 shipping support
Under warranty, and if no prepaid label, the shipping costs are charged to the buyer.
Article 7 - Faculty of withdrawal only for individuals
As provided by articles L2014-344 and following of the code of consumption and in distance selling, the buyer has a period of 14 days from the delivery of his order that he will be reimbursed against return of the delivered goods. The buyer must return the goods in their original packaging and State. Returned products must be new, intact, along with all accessories, operating manuals and documentations.
Any opened or used products will be accepted any return of merchandise requires a return number which can be obtained free of charge via the contact page of our site Internet WWW.PLANETE-GATEAU.COM
The return of goods is at the expense and risk of the buyer (you are therefore advised to declare the value of the goods and to take out insurance to cover these risks). However the right of withdrawal may be exercised pursuant to article L121-20-2, including for:-products for the supply of goods made to the consumer's specifications or clearly personalised, such as including the customizations of chocolates of Matzo at the request of the buyer - products which, because of their nature, cannot be returned or are likely to deteriorate or to expire quickly as for example the edible ink cartridges, the dyes, sugar, sugar, or decorative subjects etc. - pasta books, supplies contractse audio or video recordings or of software when they have been unsealed by the consumer.
Any food product respecting the technical description or its date of expiry present on the website WWW.PLANETE-GATEAU.COMopened and/or used cannot be the subject of an application for revocation.Professionals lack this Faculty of withdrawal.
Article 8 - warranty
When a problem arises with a material, we invite you to contact our after-sales service by visiting our site Internet WWW.PLANETE-GATEAU.COM and by using the contacts page.
For products having a guarantee specific manufacturer the customer must contact the manufacturer directly without going through the Publisher, which does not provide any warranty for these products. Our company will refuse any return of goods in this context and cannot be held liable for a any failure of the manufacturer under this warranty. Details of builders are available by visiting our site Internet WWW.PLANETE-GATEAU.COM and by using the contacts page.
8.2 commercial warranty as of 01 January 2010
products are guaranteed by the manufacturer and by default by the editor against any defects of material or manufacture for a period of 3 months from the date of delivery, except for special conditions expressly served edge. Aerosols, DVDs, books, supplies food, edible ink cartridges, the products of the "Promotions" section and products damaged by the user are not guaranteed by the Publisher.
8.3 limitation of liability
The guarantee of the seller is limited to repair, replacement or a refund in value of recognized defective goods by the seller, taking into account of the use which has been made to the free choice ofu seller. The seller only undertakes to ensure the replacement of defective parts and the repair of damage of the goods supplied to the buyer by its care. The warranty does not cover labor costs, nor those resulting from dismantling, reassembly operations and transport, except in the case of the standard Exchange.
8.4 exclusion of warranty.
The warranties exclude external damage, damage resulting from improper use of the products, consequential damage to the intervention of a repairer not approved by the Publisher or manufacturer.The Publisher cannot be held responsible for the loss of exploitation, loss of profit, damage loss or expenses, which may arise.
The publisher undertakes only to ensure the replacement of defective parts and the repair of the damage of the goods supplied to the customer by his care. If the material can be replaced by identical hardware, it will be proposed to the customer a material equivalent or superior, or credit. Subject to mandatory legal provisions, the liability of the Publisher is strictly limited to the obligations set out in these terms or, where applicable, the specific conditions. the Publisher cannot be held responsible for the material and immaterial damage that would happen during the troubleshooting in the event that the buyer would return products that have not been provided by the seller. the Editor cannot be liable under the terms of the warranty of any breakdowns or damage resulting directly or indirectly from the following cases:
All storage without protection or extended.
-Any negligence, error connection or manipulation, maintenance and use of equipment not comply with the technical specifications of the seller or manufacturer or, more generally a faulty use or clumsy. -Any addition of complementary device or accessory equipment or use of all parts required for the operation of the equipment not in compliance with the technical specifications of the seller or manufacturer. -Any modification or processing mechanical, electronic, electrical or other equipment or devices connection by any third party. In the event of bankruptcy or impossibility of provision of the manufacturer, the customer cannot turn against the editor, which is not responsible for warranty on the products of this manufacturer.
You also get the legal warranty of defects on the products sold and the defects of the goods to the contract (annexe 1).
Article 9 - retention of title
The goods which will be delivered and invoiced shall remain the property of the Publisher until full payment of their price. The default may cause the claim of the goods by the editor, the return being immediate and goods delivered to your cost and risk. During the period of delivery to the transfer of ownership, the risk of loss, theft or destruction, as well as any damage you may cause are your responsibility. The buyer undertakes, for the case of a receivership proceedings affecting his business, to participate actively in the establishment of an inventory of goods in its inventory, which the seller claims ownership. Otherwise, the seller has the ability to see the inventory by bailiff at the expense of the buyer. The seller may prohibit the buyer for resale, processing or incorporation of the goods in the event of late payment. To ensure payments not yet made and including the balance of the account of the buyer in the writings of the seller, it is expressly stipulated that the rights to the delivered but unpaid goods carry on identical goods from the seller in stock to the buyer, without having need to apply payments on a sale or specific delivery.
Article 10 - Resolving clause
Failure of one buyer by bonds, the sale may be terminated as of right and the goods returned to the seller if pleases it, without prejudice of all damages that the seller could be argued to respect to the buyer, within a period of 48 hours after the still remained without effect. In this case, the seller is authorized to claim from the buyer a fixed compensation of 10% of the amount of the sale.
Section 11 - payment
Any settlement paid to the editor on the site WWW.PLANETE-GATEAU.COM be regarded as a deposit.
11.1 payment methods
Payments must be made so that the seller can have money the due date on the invoice. Payment, unless stipulated special on the site or provided to the client company after studying their file to the command by:
-credit card (with a validity of at least 1 month for a cash payment). The seizure of the bank account information is on a secure server to ensure the security and confidentiality of the information provided at the bank transaction. All connection information is preserved.
-Species paid on-site only to the mode of transport withdrawal in shop
The Publisher reserves the right to ask a bank cheque in case amounts committed would be significant. In case the seller would accept a payment by Treaty, the buyer must return him accepted and domiciled within a period of eight days. Fees are charged to the buyer, without return of the Treaty accepted in the above-mentioned period, the payment will become due immediately. En case of staggered payment, expressly agreed by the seller, the non-payment of a single payment to completion will make immediately due the full price, regardless of previously agreed terms even if deadlines resulted in the establishment of acceptable treaties; It will be the same in case of sale, transfer, of collateral or other contribution in company of his business by the buyer. The seller may withhold delivery of the goods in question until the representation of the guarantee of payment.
11.2 late payment
Any regulation after the date of payment could lead to invoicing penalties unless a notice prior to the buyer being necessary. The amount of these penalties would be at least equivalent to that which would result from the application of a rate equal to 5 times the legal interest rate in force on the day of the application of the penalties, although this clause excluded damages and additional interest. The buyer can never, on the grounds of a claim made by him, withhold all or a portion of the amounts owed by him, nor operate a compensation. When the buyer is in arrears total or partial term to an end, the seller can only result and without need of a bet prior notice, immediately suspend the deliveries, without that the buyer cannot claim any damages and interest to the seller. In case of appeal by litigation, the seller shall be entitled to claim from the buyer a refund of any expenses related to the pursuit.
For reasons of fraud limitations, the Publisher reserves the right to accept the sale on the site WWW.PLANETE-GATEAU.COM to ask you to justify your identity and place of residence, and the means of payment used. In this case, the processing of your order will be made on receipt of these documents. We nous reserve the right to cancel your order without receipt of these documents or receipt of supporting documents deemed non-compliant.
Article 12 - waste electric and electronic (EEE) professionals
For equipment excluded from the scope of Decree No. 2005-829 relative to the composition of electric and electronic equipment and the disposal of waste from these facilities, and in accordance with article L. 541 - 2 of the environment code, it is the holder of the waste to ensure or to ensure eradication. For the equipment concerned by the said Decree, and in accordance with article 18 of Decree 2005-829 relative to the composition of electric and electronic equipment and the removal of waste from these facilities, the Organization and financing of removal and treatment of waste EEE subject of the contract of sale are transferred to the buyer who accepts them. Buyer to ensure collection of the equipment object of the sale, its treatment and its value in accordance with article 21 of the Decree. The above obligations must be transmitted by successive professional buyers to the end user of the EEA. Failure by the buyer of the obligations thus imposed may lead to the application of criminal sanctions provided for in article 25 of Decree 2005-829 against him.
Article 13 - final provisions.
The present contract is governed by French law. The application of the Vienna Convention on the international sale of goods is expressly excluded. The editor archived purchase orders and invoices from his website WWW.PLANETE-GATEAU.COM on a reliable and durable support constituting a copy faithful in accordance with the provisions of article 1348 of the civil Code. The computerized editor registers will be regarded by the parties as proof of communications, orders, payments and transactions fieldenus between the parties on the WWW.PLANETE-GATEAU.COM website, unless proved otherwise. The electronic signature constituted by the procedure of "double-tap" when placing the order and registration has handwritten value between the parties. The French law is applicable to disapply the mandatory legislative rights granted to consumers or a more protective imperative law by the foreign judge by a consumer of the corresponding country. If one of the terms or provisions of these terms of sale were to be set aside or declared illegal by a final court decision, this nullity or illegality will not affect anything the other clauses and provisions, which will continue to apply.
All different relating to the training, execution and termination of contractual obligations between the parties could not give rise to a settlement agreement will be submitted to the french courts. In case of dispute with professionals and/or traders, it will be submitted to the jurisdiction of the Tribunal of Commerce of Marseille in whose jurisdiction is the headquarters of the seller, regardless of the conditions of sale and payment mode, even appeal in guarantee or plurality of defendants, the seller reserves the right to seize the territorially competent court whose jurisdiction the seat of buyer. The fact for the editor not to exercise at some point one of the clauses hereof, may waiver later these same clauses.
Annex 1 Article L211 - 4 Code of consumption: the seller is required to deliver a well in accordance with the contract and is responsible for the defects existing at the time of issue.
It meets also the defects resulting from packaging, mounting or installation instructions when it has been updated with its load by the contract or has been carried out under its liability.
Article L211 - 5 of the consumer Code: to conform to the contract, the product must: (1) be suitable for the use normally expected of a similar property and, where appropriate:-match the description given by the seller and possess the qualities that this one has p resentees to the buyer as a sample or model;
-present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) or have the features defined by a common agreement of the parties or be clean for any special use sought by the buyer, brought to the attention of the seller and the latter has accepted.
Article L211 - 12 Code of consumption: the action resulting from the lack of conformity is prescribed by two years from the delivery of the product.
Article 1641 Code civil: the seller is bound to the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so impair the purpose, that the buyer would not have bought it, or would have given that a lower price, if he had known.
Article 1648 paragraph 1 civil Code: the action resulting from redhibitory vices must be brought by the purchaser within a period of two years from the discovery of the defect.