General Terms and Conditions

ARTICLE 1
SCOPE OF APPLICATION AND PURPOSE OF THE GENERAL CONDITIONS OF SALE

These general conditions of sale, written in French, are intended to govern without restriction or reservation product orders placed by a customer via the Site. maison-aubert.fr according to the terms described below.

The customer is defined as a non-professional buyer who purchases products from the seller. By non-professional buyer we mean the consumer, a natural person, who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity.

Any natural person who does not meet this definition may under no circumstances claim the application of these general conditions of sale.

We encourage professionals to contact our sales team directly to communicate the applicable sales terms.

The customer declares to have read these general conditions of sale before validating his basket. Validation of the basket therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale.

The customer declares to be an adult natural person (18 years and over) and declares to have the legal capacity to purchase the products on the site maison-aubert.fr and validly commit to these general conditions of sale.

These general conditions of sale may be subject to subsequent modifications, in particular to take into account legislative and regulatory developments, the applicable version being that in force on the date of validation of the order under the conditions appearing below.
 

ARTICLE 2
PRE-CONTRACTUAL INFORMATION COMMUNICATED TO THE CUSTOMER

The customer acknowledges having been informed, prior to any purchase of a product, in a readable and understandable manner, of these general conditions of sale and of all legal information, in particular relating to:

• the essential characteristics of the products,
• the price of products and related costs,
• the terms of delivery of the products,
• information relating to the identity of the seller, his postal, telephone and electronic contact details,
• the company name of the seller, the geographical address of its establishment, its telephone number and its email address,
• the payment terms on the site as well as those provided by the seller for the processing of complaints,
• information relating to legal and contractual guarantees and their implementation methods,
• the possibility of resorting to conventional mediation in the event of a dispute under the conditions provided for by the Consumer Code.

ARTICLE 3
PRODUCT FEATURES

The characteristics of the products sold by the seller are mentioned on the corresponding technical sheets appearing on the site.

The price of each product is also displayed, according to a precise weight itself indicated.

The photographs, graphics, films or videos representing the products are for information purposes only, and have no contractual value.
 

ARTICLE 4
ACCOUNT OPENING

To have the possibility of ordering the products available on the site maison-aubert.fr, the customer must first create a personal account which will constitute a private space, entitled “my account”.

To do this, the customer must complete the online registration form, accessible from the “Register” tab. This form must, at a minimum, provide the information followed by an asterisk, namely:

• last name First Name,
• full address,
• email address,
• phone number,
• a password.

The customer guarantees that the information he/she provides in the form is accurate, complete and sincere.

He will then just have to read and accept the personal data confidentiality policy for the form to be sent to the seller.

After validation of said form, the customer will be able, using their username and password, to access the secure part of the site. maison-aubert.fr  from which he can order the products and manage his account.

The customer's username and password are strictly personal and confidential. Their conservation and use is carried out under the entire responsibility of the latter. Any order for products using this identifier and password will be presumed to have been made by the customer.

Consequently, the seller cannot under any circumstances be held responsible for the consequences detrimental to the customer resulting from illicit, fraudulent or abusive use of his username and password, and from the ordering of products by a third party not expressly authorized by the customer.

The customer undertakes to immediately inform the seller of any unauthorized order by a third party using his username and password, as well as of any loss or forgetfulness of the latter.

The customer will be able, from his personal space and at any time, to modify his personal data, consult the history of his orders placed and change his password.

The customer has the option of unsubscribing from the site subject to these general conditions of sale at any time.

For its part, the seller reserves the right to refuse the creation of a customer account, to suspend or cancel an existing one, at any time and without notice, for just cause, and in particular non-compliance with these conditions. general conditions of sale or damage to the seller's image.

ARTICLE 5
TERMS OF ORDERING PRODUCTS

Ordering products contained on the site maison-aubert.fr  is only possible through the site, and by no other means.
 

5.1 Constitution of the basket

Once connected to their personal space via their identifiers, the customer will select the product(s) they want, in the desired quantity, which will then be added to their basket.

At any time, the customer can consult their basket and obtain a summary of the selected products as well as their price.

The basket allows, via a link, to access the descriptive sheets of the products it contains.

The customer can modify the contents of their basket at any time.

5.2 Validation of an order

When the contents of the basket satisfy the customer, they click on the “Place order” link, they will then have to choose the delivery method they want.

Once the delivery method has been chosen, all the customer has to do is pay by credit card, an order validation message will then be sent to the email address provided by the customer.

ARTICLE 6
PRICE

Product prices appear next to each product photograph. They are indicated in euros, all taxes included (TTC) and excluding any delivery costs.

depending on the option chosen:          

– collection of the products chosen on the site at the point of sale, the customer will not be charged any recovery costs

– in the case of delivery (radius of 25 or 50 km maximum) a flat rate of 4 and 10 € respectively will be added if the respective order minimums are not reached

The applicable price is that indicated on the site on the date of acceptance of the order by the customer.

All prices are given subject to obvious typographical errors. If an error should occur, the seller will contact the customer to alert him of the error made by his services and will remind him that the order will be invoiced under the corrected conditions. However, in the event of refusal of the corrected conditions, the customer will be free to cancel the corrected order without prejudice to him.

ARTICLE 7
PAYMENT

Payment can be made:

• by credit card at the time of validation of the order by the customer
• by bank transfer before shipping the ordered products
• by check or cash at point of sale
• by credit card at point of sale

No minimum order amount is necessary for the order to be validated.

The seller reserves the right to suspend or close the account of a customer who contravenes the stipulations of these general conditions of sale. In particular, it reserves the right to refuse to make a delivery or to honor an order from a customer with whom a dispute has not been resolved.

ARTICLE 8
COLLECTION OF PRODUCTS AND DELIVERY

The customer has the choice between two options to collect their products:
 

8.1 The “point of sale collection” mode

The customer can choose to collect the basket he ordered directly from the place where his order was made, that is to say at the seller's address, namely:

AUBERT HOUSE

32 RUE CONTI

34120 PEZENAS

The customer, when choosing this option, must give the seller 24 hours of time to allow him to prepare the basket in the afternoon.

The time slots available to collect orders from the seller are as follows:

Monday to Friday, 4 p.m. to 7 p.m.

8.2 Delivery method

The customer will have the option of having their order delivered to their home, to the address indicated when selecting this option.

ARTICLE 9
RIGHT TO RETRACT

In accordance with article L 221-18 of the Consumer Code, the customer has a period of 14 days from delivery of the products to exercise his right of withdrawal without having to provide reasons or pay penalties.

In accordance with article L 221-28 of the Consumer Code, the right of withdrawal seen previously does not apply to contracts “ … the supply of goods made to the consumer's specifications or clearly personalized, the supply of goods likely to deteriorate or expire quickly, the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection, supply of goods which, after being delivered and by their nature, are mixed inseparably with other articles… ".
 

ARTICLE 10
CUSTOMER SERVICE

For any questions or information, the customer can contact the seller's customer service:

• by phone +33 4 48 14 06 17
• by email: contact@maison-aubert.fr
• by mail: EURL MAISON AUBERT, 32 RUE CONTI, 34120 PEZENAS

ARTICLE 11
GUARANTEES
 

11.1 Information on the legal guarantee against hidden defects

The seller is liable to the customer for fatal defects under the conditions provided for in articles 1641 to 1649 of the civil code, an extract of which is reproduced below:

Article 1641 of the civil code: “ the seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended or which reduces this use to such an extent that the buyer would not have acquired it, or would not have acquired it. would have given a lower price, if he had known them ".

Article 1648 al 1 of the civil code: “ the action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of the defect ".

11.2 Information on the legal guarantee of conformity

The seller is bound to the customer by the legal guarantee of conformity referred to in articles L 217-4 to L 217-14, an extract of which is reproduced below.

Article L 217-4 of the Consumer Code: “ the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. ".

Article L 217-5 of the same code: “The good complies with the contract: 1) If it is suitable for the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and has the qualities that it presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2) Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ".

Article L 217-12 of the same code: “ the action resulting from the lack of conformity is prescribed two years from the delivery of the goods ".

ARTICLE 12
INTELLECTUAL PROPERTY

The various elements of the site: brands, content, illustrations, images, etc. are protected under copyright, trademark law, patent law and image rights.

Without prior authorization, any unauthorized reproduction or representation or other use constitutes counterfeiting and is punishable under intellectual property law.

ARTICLE 13
COMPUTING AND FREEDOM

The information collected from the customer by the seller during any order is necessary for the processing and proper management of his order and is intended for the seller's services.

The seller informs the customer that the computerized processing of information, in particular the management of users' email addresses, has been declared to the CNIL.

By accepting these general conditions of sale, the customer gives his consent to the use, by the seller, of personal data concerning him.

The customer is informed that he has an individual right of access, withdrawal and rectification of this data under the conditions provided for by law no. 78-17 of January 6, 1978 relating to computing, files and to freedoms.

To exercise this right, simply send a letter or email to the seller using the following contact details:

EURL MAISON AUBERT

32 RUE CONTI

34120 PEZENAS

or: contact@maison-aubert.fr

Furthermore, the customer can also consult or modify his data by consulting the “Account details” section on the boutique.maison-aubert.fr website.

ARTICLE 14
APPLICABLE LAW – JURISDICTION

The contractual relations between the customer and the seller are governed by French law. Any difficulty arising from the execution, interpretation or termination of these general conditions of sale and the orders resulting therefrom, or more generally from the commercial relationship between the seller and the customer, not resolved amicably, will be submitted to the competent courts under the conditions of common law.

The customer is informed that he has the option of resorting to conventional mediation, in particular under the aegis of the Commission for the Evaluation and Control of Consumer Mediation, under the conditions provided for in the Consumer Code.

ARTICLE 15
LIABILITY – FORCE MAJEURE

The product description is the only contractual source. As the products are constantly evolving, the seller may modify without notice the packaging of the products, the technical composition and the characteristics of the product references, which are given for information only.

The seller cannot be held liable in the event that the non-performance of its obligations results from force majeure.

The seller is only bound by an obligation of means with regard to the operation and continuity of the site.

The customer declares to accept the characteristics and limits of an online service, and in particular to recognize:

• that he is aware of the hazards of online consultation, in particular with regard to response times,
• that it is up to him to take all necessary measures to ensure that the technical characteristics of his computer and/or his computer network allow him access to the site,
• that he is solely responsible for his internet access,
• that it is up to him to take all appropriate measures to protect his own data, personal data, works and/or software from contamination by possible computer viruses circulating on the Internet or contracted by any other electronic means,
• that any telematics network used for data transmission purposes may experience periods of saturation due to bandwidth congestion, outages due to technical incidents or maintenance interventions, decisions of the companies managing said networks or any other events beyond the seller's control.

The customer is solely responsible for his use of the service and cannot hold the seller responsible for any claim and/or procedure made against him.

ARTICLE 16
MODIFICATION OF THE GENERAL CONDITIONS OF SALE

The seller reserves the right to modify the general conditions of sale. The customer is therefore invited to consult them regularly.

In the event that one of the provisions of the general conditions is considered illegal or unenforceable by a court decision, the other provisions of the said conditions will remain in force.