Terms and conditions
1. OBJECT
These general conditions of sale apply without restrictions or reservations to all online sales offered by the company Blue Farmers on the website www.capeebara.fr(hereinafter: the "Site").
Capeebara offers for sale to buyers (hereinafter: "the Buyers") kitchen utensils (hereinafter: "the Products").
The purpose of these general conditions is to define the terms and conditions of the sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time by a direct and permanent link on the Site.
They prevail over any other general or particular conditions, in particular of purchase, not expressly approved by Capeebara. They may be supplemented, if necessary, by the conditions of sale or use specific to certain Products or services, which supplement these general conditions and, in the event of contradiction, prevail over the latter.
The Products are offered for sale to France only.
2. SELLER IDENTITY AND CONTACT
The Site is edited and operated by the company Blue Farmers, a limited liability company with a capital of 11,500 euros, registered with the RCS
The Company can be contacted at the following coordinates:
Email address :capeebara.france@gmail.com
3. ACCEPTANCE OF THE GENERAL CONDITIONS
The Buyer declares, prior to his order, that he has full legal capacity, allowing him to be bound under these general conditions.
Its acceptance of these is materialized by a check box in the order form. This acceptance can only be full. Any acceptance subject to reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.
4. CHARACTERISTICS OF THE PRODUCTS
Before any order, the Company recommends that the Buyer read all of the information related to the products and the production method on the Site. The Company is not responsible and cannot reimburse the Product in the event of an allergy or reaction which could have been anticipated.
The labeling and advertising of all the Products sold comply with the standards in force in France and with Community legislation.
The Products are offered for sale while stocks last.
The photographs, representations and descriptions of the Products on the Site are as precise as possible. They only bind the Company for what is specifically indicated.
5. ORDER
5.1 Placing the Order
To place an order, the Buyer must select the Products of his choice and place them in his basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
As part of his order, the Buyer is invited to provide his contact details for billing purposes. He must complete all of the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated.
The Buyer guarantees that all the information he gives in the order form is exact, up to date and sincere and is not vitiated by any misleading character.
He is informed and accepts that this information constitutes proof of his identity and commits him upon its validation.
5.2 Order confirmation
At the end of his order, the Purchaser receives a confirmation thereof by email.
The Purchaser must ensure that the contact details he provided when ordering or updating his Account are correct and that they allow him to receive the order confirmation email. In the absence of receipt thereof, the Purchaser must contact the Company at the contact details mentioned in article 2.
The Company recommends that the Buyer keep the information contained in the order confirmation.
The order and its confirmation are considered received when the parties to which they are addressed can have access to it.
6. PRICES AND TERMS OF PAYMENT
6.1 Prices
As part of an online order, the selling prices of the Products are indicated on the Site. They are indicated in euros, all French taxes included (French VAT and other applicable taxes).
They do not include delivery costs since this service is not offered by the company. In the case of the integration of a delivery service, the amount of the applicable fees will be indicated before the validation of the order by the Buyer.
The applicable price is that displayed on the Site at the time of recording of the Buyer's order.
6.2 Payment terms
The full price of the Products and applicable delivery costs are payable when ordering. Their payment can be made online by bank card or by any other means which will be offered on the Site at the time of the order.
The Buyer guarantees the Company that he has the necessary authorizations to use the chosen method of payment.
The Company reserves the right to suspend or cancel any order and / or delivery, in the event of non-payment of any amount that would be due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud.
Penalties of an amount equal to one and a half (1.5 times) the French legal interest rate are automatically applicable to the unpaid amounts upon notification of the rejection of bank payment.
6.3 retention of title
The Company retains full ownership of the Products sold until the price is fully cashed.
7. RIGHT OF WITHDRAWAL
The Buyer has a period of 14 (fourteen) clear days from the date of receipt of the Products ordered to retract (Excluding masks) without having to justify reasons or pay penalties, except for costs return which will be borne by the buyer.
He must contact the Company by post with acknowledgment of receipt toBLUE FARMERS, 363 RUE AYME CHALUS 69380 ALIXin order to inform him of his desire to make use of his right of withdrawal. The courier must mention: the order number, the name of the Buyer, the date of the order and the reason for the withdrawal.
The Buyer will then return the Products to the Company by any useful means in the mail or parcel with tracking.
The Products must imperatively be returned to the Company in their original unopened packaging, with all of their accessories, without trace of use. They must be accompanied by a copy of the corresponding purchase invoice.
The Purchaser will be reimbursed as soon as possible and at the latest within 30 (thirty) days of the date of receipt of the returned Products of all the sums paid for his order, minus the return costs and the products consumed and shipping costs initially paid by the customer.
Since the labeling clearly establishes the presence or not of allergens, the Company cannot be held responsible for a mistake by the Buyer in his intolerances or allergies to certain ingredients. Intolerance or allergy cannot therefore be used as a basis for reimbursement.
No order cancellation may take place outside the exercise of the right of withdrawal according to the above methods.
8. LEGAL GUARANTEES
The Buyer benefits from the legal guarantees of non-conformity as well as from hidden defects of the thing sold.
If the Buyer finds that the Product which has been delivered to him has a defect, a defect of conformity or is damaged, he must inform the Company thereof at the contact details mentioned in article 2 hereof, indicating to him the nature of the defect, non-compliance or damage found.
The Company will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. The Company will bear the costs of this return.
The Products must imperatively be returned to The Company in their original packaging, with all of their accessories. They must be accompanied by a copy of the corresponding purchase invoice.
Product returns that do not comply with the methods described above cannot be taken into account.
The Company will carry out the necessary verifications and will propose to the Buyer the repair or replacement of the Product if they are possible.
If repair or replacement of the Product is impossible, the Company will offer the Buyer to reimburse him the full price paid for this Product as well as the related delivery costs. The Buyer will receive the refund as soon as possible and at the latest within 15 (fifteen) days of the date on which the Company has informed him of the impossibility of repairing or replacing the Product
9. LIABILITY
9.1 The Company undertakes to carry out regular checks in order to verify the functioning and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, the Company cannot be held responsible for temporary difficulties or impossibilities of access to the Site which arise from circumstances external to it, force majeure, or which are due to disturbances in telecommunications networks.
The connection of any person to the Site is under their sole responsibility. It is the Buyer's responsibility to take all appropriate measures to protect their own data and / or software stored on their IT equipment against any attack.
9.2 The Company does not provide the Buyer with any guarantee as to the suitability of the Products for its needs, expectations in particular in terms of taste or constraints.
9.3 The Company does not guarantee any result or effect due to the use of the Products.
9.4 The Company cannot be held responsible for non-performance or delay in the performance of its obligations due to force majeure or total or partial disruptions or strikes, in particular postal services, carriers or means of delivery. communications.
In any event, the liability likely to be incurred by the Company hereunder is expressly limited to only proven direct damage suffered by the Buyer.
10. INTELLECTUAL PROPERTY
The Products as well as the systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited and may be subject to legal proceedings.
11. PROHIBITED BEHAVIORS
11.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into the Company's systems, (iii) any diversion of resources Site system, (iv) all actions likely to impose a disproportionate burden on the latter's infrastructures, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and financial, commercial or moral interests of the Company or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or applicable laws and regulations.
11.2 It is likewise strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.
11.3 In the event of a breach of any of the provisions of this article or more generally, of breaches of laws and regulations, the Company reserves the right to take all appropriate measures and to take legal action.
12. PERSONAL DATA
The Company practices a personal data protection policy, the characteristics of which are explained in the document entitled "Personal data protection charter", Accessible on the Site on the page"Confidentiality", Which the Buyer is expressly invited to read.
14. ADVERTISING
The Company reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions of which the Company will be the sole judge.
15. THIRD PARTY LINKS AND SITES
The Company cannot in any case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the Purchaser would access via the Site.
The Company accepts no responsibility for the content, advertising, products and / or services available on such third-party websites and mobile applications, which are reminded that they are governed by their own conditions of use.
The Company is also not responsible for transactions between the Purchaser and any advertiser, professional or trader (including any partners) to which the Purchaser is directed through the Site and cannot in any case be a party to some possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
16. MODIFICATIONS
The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of validation of his order by the Buyer.
17. LANGUAGE
In the event of a translation of these general conditions in one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.
18. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, unless there are mandatory imperative rules of procedure.
19. COMING INTO FORCE
These general conditions entered into force on 06/09/2009