Article 1 : GENERAL
The following general conditions of sale govern the relations between the company SASCV DELYER – Maison de la Spiruline and its Internet customers. At the time of his order, the customer recognizes to have taken knowledge beforehand of the present general conditions of sale and expressly declares to accept them without reserve. No general or specific condition appearing in the documents sent or handed over by the customer may be incorporated into these terms and conditions if these documents are incompatible with these general conditions. The sending of the order to the customer of a product presented in the electronic catalogue of SASCV DELYER – Maison de la Spiruline, implies his acceptance of these general conditions of sale, which prevail over any clauses added by him, and govern the contractual relations between the two parties.
Article 2 : ORDER
The generating fact of the order is materialized by the “validation click” which has the value of a signature. The information provided by the buyer is binding. In case of error in the indications concerning the recipient, the responsibility of SASCV DELYER – Maison de la Spiruline cannot be responsible or engaged for the impossibility to deliver the product. SASCV DELYER – Maison de la Spiruline confirms the acceptance of its order to the customer by electronic mail to the e-mail address that the customer will have communicated to the company. The sale is concluded as from this acceptance. We advise you to store or print out the order form that is then issued to you.
Article 3 : PRODUCTS
The items that are presented and available for sale on this website are described and presented with the greatest accuracy. If, despite of all our precautions, errors may have occurred, we cannot be held responsible for this. The information mentioned on each product sheet, as well as their photo, are given for information purposes only. Only the products presented in this electronic catalogue are offered for sale.
Article 4 : PRICES & DELIVERY COSTS
Our prices are indicated including VAT in Euros. The price guaranteed to the buyer is the one appearing on the product sheet at the date of acceptance of the order by SASCV DELYER – Maison de la Spiruline. SASCV DELYER reserves the right to modify at any time its selling prices. The transport of the ordered articles in France and abroad is at the charge of the customer. The shipping fees are charged from 7.00 € (all taxes included) in France, 15.00 € (all taxes included) for intra-community deliveries and for DOM/TOM, without regards of the order total quantities. For deliveries outside the E.U., the shipping fees will be communicated only on request. Customers who are absent at the time of delivery will have a period of 15 days to collect the parcel from their post office. Any parcel that is not claimed by the customer within this period will be returned to us by the postal services. The customer will then have to pay the shipping costs once again if he wishes his product to be returned to him/her.
Article 5 : DELIVERY
After validation of the order by SASCV DELYER – Maison de la Spiruline, the customer will be delivered by Colissimo. The average delivery time is 3 to 6 working days within the limit of available stock from the day of receipt of payment. Exceeding this time limit cannot lead to cancellation of the order or compensation. Each delivery is deemed to have been made as soon as the product is made available to the customer by the carrier (an act materialised by the carrier’s own control system). It is the responsibility of the recipient to check the shipments on arrival and to make any reservations and claims that appear justified. IMPORTANT (Decree n° 99-269 of 6 April 99 – art.7): The carrier is responsible for loading and unloading the shipment from the moment it is taken in charge until it is delivered, i.e. for private individuals: at the threshold of the home. He is not obliged to deliver the goods either at the floors or inside the house. It is your responsibility to check the condition and completeness of the products delivered in front of the carrier, to refuse them in the event of a dispute or to mention any missing items on the delivery note; otherwise no claim can be taken into consideration.
Article 6 : PAYMENT
The payment of the articles ordered on the site www.maisondelaspiruline.com and of their delivery costs will be carried out in Euros by the following means:
By bank check:
The payment can be made by a bank check to SASCV DELYER. The order is considered effective only when the bank check has been received and cashed.
By credit card:
The payment is carried out online by credit card CB, VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER AND DINERS. We use the secure Stripe system and one of the most reliable online security systems available on the Internet: PayPal. Payment by credit card is an SSL encrypted system in which only Stripe or PayPal has your confidential information (card number and validity date). This information is not communicated to SASCV DELYER – Maison de la Spiruline and is inaccessible to a third party.
The order will be considered as effective after agreement of the banking payment centers and the sending to the customer of a confirmation e-mail by SASCV DELYER – Maison de la Spiruline. In case of rejection, the order will be automatically cancelled and the customer will be informed by e-mail, mail or telephone. SASCV DELYER – Maison de la Spiruline reserves the right to refuse any order from a customer with whom a dispute exists.
By PayPal :
Users of PayPal accounts can pay for their orders by using their account directly.
Article 7 : WARRANTIES
The guarantees applicable to SASCV DELYER – Maison de la Spiruline products cover the repair of defective products. The cost of transport to and from the site are at the customer’s expense. Any return of a product that is to benefit from the guarantee must be pre-accepted by SASCV DELYER – Maison de la Spiruline. To this end, the customer will send by mail or e-mail a detailed description of the defect to the customer service of SASCV DELYER – Maison de la Spiruline. If the product is recognised as defective, SASCV DELYER – Maison de la Spiruline will send to the customer a product return number. The products must be returned properly protected, in their original packaging, to the address indicated, accompanied by the original sales invoice, of which the buyer will keep a copy. On the packaging, next to the recipient’s address, the return number that we will have indicated to you must appear in clearly legible characters. Any product arriving without a return number will be refused. The costs and risks associated with the return of the product are to be assumed by the customer. Any guarantee is excluded in case of defects and deteriorations resulting from external events, accidents, in particular electrical accidents, wear and tear, installation and use not in accordance with the manufacturer’s instructions. Also excluded from the warranty are products that have been modified, repaired or added by the customer or any other person not authorised by the manufacturer. The guarantee will not apply to apparent defects and conformity defects of the product for which any claim must be made by the customer within 7 days of delivery of the products, on pain of forfeiture. The guarantee will not cover products damaged during transport or misuse. This provision shall not prevent the legal guarantee for hidden defects defined in articles S1641 and following of the Civil Code, when the product is sold to a consumer or to a non-professional. Our advice: remember to check the conformity and condition of the product at the time of delivery.
Article 8 : RETRACTION
The customer benefits from a retraction clause on all products sold, to be exercised within 7 days following the delivery date. This right of withdrawal can never be exercised if the products have been removed from their original packaging. Before any return, the customer will have to announce his intentions to SASCV DELYER – Maison de la Spiruline which will send him a return number. The products must imperatively be returned in their original packaging and in a perfect state of resale (accompanied by all possible accessories, instructions for use and documentation) to the address indicated by our services, accompanied by the original sales invoice, of which the buyer will keep a copy. On the packaging, next to the recipient’s address, the return number that we will have indicated to you must appear in clearly legible characters. The costs and risks associated with the return of the product shall be borne by the customer. Any guarantee is excluded in the case of defects and deterioration resulting from external events, accidents, in particular electrical accidents, wear and tear, installation and use not in accordance with the manufacturer’s instructions. Also excluded from the warranty are products that have been modified, repaired or added by the customer or any other person not authorised by the manufacturer. The guarantee will not apply to apparent defects and conformity defects of the product for which any claim must be made by the customer within 7 days following the delivery of the products, under pain of forfeiture. The guarantee will not cover products damaged during transport or misuse. This provision shall not prevent the legal guarantee for hidden defects defined in articles S1641 and following of the Civil Code, when the product is sold to a consumer or to a non-professional. Our advice: remember to check the conformity and condition of the product at the time of delivery.
Article 9 : RESERVE OF PROPERTY
SASCV DELYER – Maison de la Spiruline retains full ownership of the products sold, until full payment of the price, principal, expenses and taxes included. The payment could be considered as done only at the time of the effective collection of the price by SASCV DELYER – Maison de la Spiruline. The risks are transferred to the customer as soon as the products are handed over to the carrier. The customer undertakes to take all necessary care in the keeping and preservation of the products and to take out all insurance policies “on behalf of whom it may concern” in accordance with article L112.12 of the insurance code in order to cover any damage or loss that may be caused to or by the products. The customer is forbidden to resell, rent or give as a guarantee, part of the products before the complete payment of the sums due to SASCV DELYER – Maison de la Spiruline.
Article 10 : DISPUTES
The present contract is subject to French law. SASCV DELYER – Maison de la Spiruline cannot be held responsible for damages of any kind, whether material or immaterial or physical, which could result from a malfunction or misuse of the marketed products. The responsibility of SASCV DELYER – Maison de la Spiruline will be, in any case, limited to the amount of the order and could not be called into question for simple errors or omissions which could have remained in spite of all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the purchaser shall have the possibility, before any legal action is taken, of seeking an amicable solution, in particular with the help of a professional association in the sector, a consumer association, or any other advisor of his choice. It is recalled that as a general rule and subject to the appreciation of the courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors his financial commitments to the seller, that he uses the product in a normal manner, and that no third party not approved by the seller or the manufacturer intervenes to repair the product (except in cases of force majeure). In the event of a dispute, the customer shall first contact the company to obtain an amicable solution. Failing this, the Commercial Court of Bordeaux shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Article 11 : CASE OF FORCE MAJEURE
Neither party shall have failed to fulfil its contractual obligations insofar as their performance is delayed, hindered or prevented by a major case. A major case shall be deemed to be any unavoidable fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other within ten working days following the date on which it becomes aware of them. The two parties will then, within a period of one month, unless this is impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of a major case lasts longer than three months, these general conditions may be terminated by the injured party. Expressly, the following are considered to be major case or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
Article 12 : NOMINATE INFORMATION
In accordance with the French Data Protection (Loi Informatique et Libertés) Act of 6 January 1978, you have the right to access and rectify any of your personal data. Through our intermediary, you will never receive proposals from other companies or organisations. To rectify your information or if you do not wish to receive information, simply log in to your account or contact us indicating your name, first name, address and last invoice number.
Transactions made on www.maisondelaspiruline.com are secured by the Stripe payment system.
SASCV DELYER – Maison de la Spiruline is not aware of your bank details and they are not stored on its server. All information exchanged with Stripe is encrypted using SSL protocol and cannot be intercepted or modified.
At the end of the transaction, and before returning to the Maison de la Spiruline website, Stripe shall present you an electronic ticket, representing all the elements of the payment and the result of the bank authorization request (transaction accepted or cancelled).
Online payment via PayPal is also available. PayPal is one of the most secure online systems available on the Internet.
You can pay using your personal member account or online by CB, VISA, or MASTERCARD. Payment by credit card is an encrypted system in which only PayPal has your confidential information. This information is not communicated to SASCV DELYER – Maison de la Spiruline and is inaccessible to a third party.