General terms of sale
- Corporate name: Quai Sud
- Légale structure: Limited liabilty company
- Capital: 825 035 €
- SIREN number and place of registration: 442 762 647 / Toulon
- Head office: Avenue de Madrid, 83870 Signes, France
- Phone number: +33 (0) 4 94 00 60 20
- Editorial staff: Marine Cresta
- Host name: METYCEA
- Host corporate name: METYCEA SARL
- Host adress: 70, avenue de Rome 83500 La Seyne-sur-Mer
- Host phone number: +33 (0) 4 94 71 04 72
The present Sales Terms and Conditions are intended to define the legal framework of the relationship between the “Buyer” denominated the “Customer” and the “Seller” denominated Quai Sud.
The on-line shop of the website « quaisud.com » was set up by the company Quai Sud the owner and the operator of this website.
- These Sales Terms and Conditions are available for the "Customer " . The present general conditions are easily accessible and clearly identifiable. The "Customer” is informed of the need to consult these Conditions of sale for all sales on the on-line shop of the website « quaisud.com ».
- The orders made on the on-line shop « quaisud.com » require consultation and prior acceptance of these terms and conditions.
- Moreover, the "Customer" accepts that he has been clearly informed that his agreement to the present Terms and Conditions does not depend on any written signature, in that the "Customer" wishes to order on line products made available through a website shop.
- The customer is fully aware of the contractual commitment caused by the electronic signature.
- The "Customer" may save or edit these general sales conditions, it being understood that both saving and editing are his sole responsibility.
- Quai Sud informs its professionnal customers that products ordered on the website quaisud.com can not be resold. Exception: professionals wishing to market the Quai Sud products can contact the sales department. They will be subject to professional Conditions of Sale.
The on-line shop set up by the company « quaisud.com », in relation to the present website mentions the following information:
1.Legal notice allowing a precise identification of the company « quaisud.com ».
2. Essential characteristics of the goods offered
3.Prices and freight charges are given in euro
4.Indication of the terms of payment and execution of the order as well as expenses of delivery.
5.The existence of a right of withdrawal
6.The validity of promotional offers
1 : ENTIRETY
The present Sales Terms and Conditions document sets out the entire extent of the responsibilities of all parties. In view of that, the "Customer" is presumed to accept unreservedly all the provisions in these Terms and Conditions. No general or specific condition incompatible with the present Sales Terms and Conditions, appearing in any documentation sent or returned by the "Customer", shall add to or modify the present Sales Terms and Conditions.
The purpose of the present Sales Terms and Conditions is, first, to inform any potential consumer, about the conditions and procedures surrounding the sale and delivery of products ordered from « quaisud.com » and, secondly, to define the rights and responsibilities of all parties involved in « quaisud.com » product sales.
3- CONTRACTUAL DOCUMENTS
These Conditions of sale are an annex to the online order form. The "Customer" acknowledges having taken notice that these Conditions of sale are an annex of the online order form.
4-FIRST VALIDITY DURATION
The present general conditions come into effect in the dispatch date of the online order. The present general conditions are concluded for duration necessary for the supply of the goods and the signed services, until the extinction of guarantees owed by “quaisud.com”.
5- ELECTRONIC SIGNATURE
The double "click" of the buyer in conformance with the order form establishes an electronic signature which has, between the parts, the same value as a handwritten signature.
6- CONFIRMATION OF ORDER
The contractual information will be the object of a confirmation by email at the latest at the time of the delivery to the address indicated by the buyer on the order form
7- PROOF OF TRANSACTION
The computerized registers are preserved in the computer systems of “quaisud.com” in reasonable conditions of security and will be admitted as the proofs of the communications, the orders and payments between the parts. The filing of the order forms and invoices is made on a reliable and long-lasting support which can be produced as proof.
8- INFORMATION ON PRODUCTS
8-a In accordance with Article L111-1 of the Consumer Code, prior to placing a purchase order, the Customer may check the main features of any products he wishes to purchase.
8-b The offers presented by “quaisud.com” are valid only within the limits of available stocks. “quaisud.com” would not be responsible for any product which is not available any more, in shortage of stock, even out of stock.
8-c Products containing alcohol: The sale of products containing alcohol is strictly reserved for persons over 18. Alcohol abuse is bad for your health, please consume in moderation. The consumption of alcoholic beverages during pregnancy, even in small quantities, can have serious consequences on the health of the child. It is strictly prohibited to sell alcoholic beverages to anyone under the age of 18.
The products on sale can contain some allergens. These allergens are clearly stipulated to the customer in the list of ingredients (text in bold). The list is available clicking on “view details” directly on the products sheets. The customer acknowledges having taken notice of the composition of products ordered. Quai Sud will not be responsible for any damages resulting for the allergens in products ordered .
The prices are in EURO (€) and are valid only in the date of the sending of the order form. They do not take into account expenses of delivery, charged in supplement. Prices are inclusive of value added tax (V.A.T), at the current French rate applicable on the day of the purchase order. Any change to the applicable V.A.T rate will automatically come into effect on the price of products sold by “quaisud.com”. The payment of full price must be realized during the order. At no time, the amount paid could be considered as deposit.
- The "Customer" may pay by any of the means featured on the order form
- The buyer guarantees to “quaisud.com” that he has arranged necessary authorizations to use the chosen method of payment
- “quaisud.com” will suspend any order and delivery in case of refusal of authorization of payment by bank card or in case of non-payment of the order.
- “quaisud.com” reserves in particular the right to suspend a delivery or to honor an order from a buyer who would not have totally adjusted a previous invoice or with whom a dispute would be in progress.
12- AVAILABILITY OF PRODUCTS
- The delivery time will depend on the stock available. The "Customer" will be informed by mail with the confirmation of the order.
- In case of unavailability of the ordered product, the buyer will be informed about it as soon as possible and he will be able to cancel the order. The "Customer" will then have the choice between a refund with 30 days or the replacement of the product.
- The shipping costs depend on the weight and the country of delivery. If the delivery address is in France, the freight costs will be free over 60€ ordered otherwise 6€ will be added to your order. All of the export (outside Europe) orders are signed with Incoterm DAP (Delivery at Place) sales. The payment of duty and taxes must be paid by the customer.
- The order will be prepared within 48 hours from Monday to Friday.
- The order will be delivered within 4 to 8 working days (according to Colissimo France informations).
- If the delivery address is in France, your order will be delivered within 48 hours (GLS informations).
- Please do not hesitate to contact us (+33 (0) 494 03 03 57 or firstname.lastname@example.org)
- The products are delivered to the address indicated by the buyer on the order form. If the adress indicated by "the buyer" is wrong and if the parcel is returned to "quaisud.com", "quaisud.com" may charge fees to realise the delivery.
- The "Customer" is responsible for checking, in the presence of the employee of the transporter, the packaging and contents of the order at the time of delivery. In case of damage or missing products please read point 14.
- The "Customer" can receive an invoice to the invoice address and not to the delivery address, by mentioning it in the comments of the order form.
14- PROBLEMS OF DELIVERY CONCERNING THE TRANSPORTER
- Any abnormality concerning the delivery (average, product missing with regard to the delivery order, the damaged parcel, produced hoarse etc..) must be necessarily indicated on the delivery order in the form of “handwritten reserves”, accompanied with the signature of the "Customer". The "Buyer" will have to mean at the same time this abnormality by sending to the carrier, in two (2) working days according to delivery date, the aforementioned complaints by a recommended mail. The "Buyer" will have to pass a copy of this mail to:
Sarl Quai Sud
ZA de Signes
Avenue de Madrid
83030 TOULON cedex
Before sending back a product, please inform the company “quaisud.com”. Freight charges / transport costs will be on charge of the company “quaisud.com” except where the exchanged or refunded product does not match the original claim made by the "Customer".
In case of damaged products, "the buyer" will have to demonstrate the damage to "quaisud.com". "quaisud.com" will answer as soon as possible to "the buyer". "quaisud.com" will suggest a refund or an exchange in case of the damage is confirmed.
15- ERROR OF DELIVERY, DEFECTS
15-a : The "Customer" will have to notice to the company “quaisud.com”, on the day of receipt (the date on the delivery counterfoil), or on the next working day at the latest, any claim, by error of delivery and\or non-compliance of products in kind, or in quality, with regard to the indications appearing on the order form. Any claim formulated beyond this delay will be rejected.
15-b : All claims must be made to the company “quaisud.com”
- on the phone: +33 (0) 494 00 60 20 from Monday to Friday from 9am to 1pm and from 1.30pm to 5.30pm.
- by email: email@example.com . Please note the number of your order in your email.
15-c : Any claim, not made in rules defined above and within the time limits allowed will not be taken into account and will release “quaisud.com” from all responsibility to the "Consumer".
15-d : After receiving the claim, “quaisud.com” will issue the "Customer" with a return number for the product(s) in question, either by email, fax, or telephone. Product exchange can only take place after the exchange number has been issued to the "Customer", via this procedure.
15-e : Any delivery mistake or exchange product intended for exchange or refund, must be returned to “quaisud.com” in its original condition and packaging, and must consist of the complete product and all its accessories to the following address:
Sarl Quai Sud
ZA de Signes
Avenue de Madrid
83030 TOULON cedex
In accordance with Article 4 of Statute n 78-464 of 24th March 1978, the provisions of the present Terms and Conditions in no way affect the customer's legal warranty, which states that the retailer must guarantee the "Customer" against any latent product defect.
The "Customer" is hereby notified that the company “quaisud.com” is partly the manufacturer of the products available through the website, in the terms of Law n 98-389 of 19th May 1998, relating to liability for defective goods.
Thus, in the event of damage or injury to a person or object caused by a product defect, the customer may seek redress from the legally responsible manufacturer only, on the basis of the information featured on the said product's packaging. In accordance with Article L211-4 of Consumer Code and Articles 1641of Civil Code, the "Customer":
- Benefit from a deadline of 2 years from the delivery of the products to act
- Can choose between the repair or the remplacement of the products, subject to the conditions of cost ( article L 211-9 of the Consumer Code).
- Do not need to prove the existence of a lack of conformity during a 6 months period as from the date of delivery.
17- ORDER WITHDRAWAL POLICY
- The "Customer" has forteen clear days starting from the delivery date, in which s/he may return the goods, at his/her own expense, for exchange or refund.
If this period expires on a Saturday, Sunday or a bank holiday, or other non working day, it will be extended to the first working day thereafter.
- The "Customer" has to inform of the company “quaisud.com” before returning product:
- on the phone: +33 (0) 494 00 60 20 from Monday to Friday from 9am to 1pm from 1.30pm to 5.30pm.
- by email: firstname.lastname@example.org
- please contact us with the number of your order. Please type your customer number and find your order number.
- The product shall be return to
Sarl Quai Sud
ZA de Signes
Avenue de Madrid
83030 TOULON cedex
- Products must be returned in perfect condition, in their original state (packaging, accessories, instructions…), duly sealed. Any damaged product or in a damaged original packaging will not be refund or exchange.
- No charges will be incurred by the return of products during the cooling off period, other than the transport costs payable by the "Customer".
- In the event that the customer avails him/herself of the cooling off period to return his/her goods, “quaisud.com” will make all necessary efforts to refund the "Customer" within 14 days.
- Such refunds will be credited to the Customer's bank account where initial payment was made by credit card or Paypal.
18- CAUSES BEYOND CONTROL (ACTS OF GOD)
Neither of the two parties will have failed its obligations if their execution will be delayed, hindered by an unpredictable event or causes beyond their control. It will be considered as an unpredictable event or absolute necessity any irresistible fact or circumstance, undue to any of the parties, unavoidable, independent of the parties will and which could not be possibly avoided by the latter, despite all reasonable attempts on their part.The party concerned with such circumstances will inform the other within ten working days from the date it faces the problem. Both parties will then get in touch, within a month, unless the Act of God makes it impossible, to examine the incidence of the event and to agree upon the conditions under which the execution of the contract will be executed.If the Act of God exceeds a three-month duration, the present Conditions will be canceled by the weakened party. An Act of God or unpredictable event, apart from those usually validated by the jurisprudence of French courts & tribunals includes: blockade of means of transport or supply, earthquakes, fires, storms, floods, thunder, shortage of communication networks or difficulties of the telecommunication networks external to the Buyer.
19- PARTIAL NON VALIDATION
If one or several rules of the present Conditions are seen as non valid or declared as such under application of a law, a rule or after a final decision from a competent jurisdiction, the other rules will keep all of their validity and scope.
20- NON WAIVER
The failure of a party to pursue any breach of any of the provisions of the Terms and Conditions hereof shall not be construed as a waiver either of such provisions or the right thereafter to enforce each and every such provision.
In the event of a difficulty in interpretation arising between any of the titles heading the clauses and any of the clauses, the title will be declared inexistent.
22- APPLICABLE LAW
The present Conditions are regulated under the French Law. In case of litigation or complaint, the customer must first get in touch with “quaisud.com” to reach an amicable arrangement. Any problem linked to the formation, the execution and the cessation of obligations between the two parties which could not reach an agreement, will be settled under the jurisdiction of the Toulon Commerce Tribunal.
23-INFORMATION TECHNOLOGY AND DATA PROTECTION
Information obtained by “quaisud.com” during the course of Customer orders is necessary to the management of such orders by “quaisud.com” and its commercial partners. In accordance with French law governing information technology and rights (n 78-17, January 6th 1978), the "Customer" retains the right to access, rectify, cancel and remove any personal data disclosed to “quaisud.com”. The automated processing of personal data on the website of the merchant has been declared to the Commission Nationale de l'Informatique et des Libertés (registration in process. Number 1866757 v 0).
We agree to guarantee the confidentiality of personal information provided by visitors and "Customers" on our site.
Due to the volatile nature of the data collected on the site of the merchant in order to process your order, we need to be able to know and remember some of the parameters that we have received from your computer : We need to know who you are and the products you are buying. Cookies are small programs used for this sole purpose : remember the time of your visit, your identity (your username and password), and the contents of your shopping cart as you fill it. Once your shopping is complete this information is automatically deleted, our cookies being the so called " volatile cookies".
These General terms of Sale was updated on October 03, 2017, 1:25 pm