GENERAL TERMS AND CONDITIONS OF SALE AND USE
Rule n°1
1. Information required by the French law on confidence in the digital economy, purpose of the site and designation of parties
This site is published by SARL ARMETTA - Fromagerie Le Chat-Bo, registered in the Bourg-En-Bresse Trade and Companies Register under number 788658268, with registered office at 18, Rue Brillat-Savarin 01100 OYONNAX.
The publisher can be contacted by telephone on 04.74.75.60.21 or by e-mail at the following address: contact@fromagerie-lachatbo.fr
Intracommunity VAT number: FR92788658268
This site is hosted by OVH
The publication director of this site is Christophe ARMETTA, who is also responsible for the editorial content.
This site is freely accessible to all Internet users. Its purpose is the on-line sale of fresh and dry products.
Subscribing to a contract governed by these general terms and conditions with the publisher of this site implies acceptance by the Internet user of these general terms and conditions. The Internet user hereby acknowledges that he/she is fully aware of these terms and conditions. This acceptance will consist of the Internet user checking the box corresponding to the following sentence: "I have read the general terms and conditions of sale and accept them without reservation.
This act of checking the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the value of the automatic recording systems of the editor of the present site as proof and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute.
These conditions of sale may be modified at any time, and it is therefore advisable for the customer to consult them before each order.
Acceptance of these terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
Rule n°2
2. How to place an order and description of the purchasing process
Fromagerie LE CHAT BO offers products from the list accessible on the internet.
The photographs illustrating the products are our property, any reproduction or copy is formally forbidden.
We cannot be held responsible for any errors.
The products offered on the site are in stock. If, exceptionally, some are out of stock, we will inform you of this by e-mail and will offer you another product if possible, before validating the order.
Product photos are not contractual.
In order to comply with the provisions of the French law on confidence in the digital economy of June 21, 2004, the ordering process is described below:
To place an order, Internet users can select one or more items and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided.Â
By consulting their basket, members will be able to check the number and nature of the items they have chosen, and will be able to check their unit price as well as the total price of the order. They will be able to remove one or more items from their basket.
This summary will also indicate to customers whether or not they have the option of exercising their right of withdrawal, as well as the applicable time limits.Â
If they are happy with their order and wish to validate it, they can click on the validate button. They will then be taken to a form where they can either enter their login details if they already have them, or register on the site by completing the form presented to them, with their personal details.
Once they have logged in or completed the form, customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface.Â
Once payment has been received by the site editor, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum of 24 hours.
Similarly, and within the same timeframe, the site editor undertakes to send the customer an e-mail summarizing the order and confirming that it has been processed, including all information relating to the order, the products ordered, their delivery, and how to exercise their right of withdrawal.
The prices indicated on the site are in Euros, all taxes included, excluding delivery costs. These prices may be modified at any time by the publisher. The prices displayed are valid only on the day of the order and have no effect for the future.Â
Delivery charges will, in any event, be indicated to the customer prior to payment, and will only apply to deliveries made in Metropolitan France, including Corsica. For any other place of delivery, it is the customer's responsibility to contact customer service.Â
The products and articles sold remain the property of the seller until full payment of their price, in accordance with the present retention of title clause.Â
Product availability is indicated on the site, in the description of each item.
La Fromagerie Le Chat-Bo also reserves the right to refuse an order if there is a previous payment dispute or an abnormally high level of orders.
Rule no. 3
3. Payment information
Internet users may place orders on this site and pay by credit card.
Credit card payments are made using secure transactions provided by the service provider: BANQUE POPULAIRE. In the case of credit card payments, the editor of the present site has no access to any data relating to the user's means of payment. Payment is made directly to the bank.Â
In the case of payment by cheque, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, who may provide proof of this by any means.
(payment by cheque is not available).
Rule n°4
4. Delivery
Orders are delivered by La Poste, or any carrier designated by the publisher, within 2 working days of full receipt of the price corresponding to the consideration, by the seller.
Certain products or certain order volumes may nevertheless justify a delivery time of more than 5 working days; this will be expressly mentioned to the consumer when the order is validated.
La Fromagerie LE CHAT BO cannot be held responsible for late delivery or damaged packages.
Rule n°5
5. Provisions relating to consumer rights
The customer service department of the present site is accessible from Monday to Friday from 9am to 5pm on the following toll-free telephone number: 04.74.75.60.21, by e-mail at the following address contact@fromagerie-lechatbo.fr or by post at the following address:
Fromagerie Le Chat-Bo
18 rue Brillat Savarin
01100 OYONNAX
Rule n°6
6. Warranty for products purchased on this site
REFUND AND RETRACTION
In accordance with current legislation, the legal 14-day right of withdrawal does not apply to perishable products.
Perishable products cannot be returned or refunded.
RESERVATION
The Customer may only express reservations upon delivery of the Products in the event of delivery that does not quantitatively conform to the order, or in the event that the package containing the Products is seriously damaged. These reservations must be made in writing to the Chronopost carrier at the time of delivery, or no later than 12 hours after delivery. A copy of these reservations must be sent to Fromagerie le Chat-Bo (by e-mail) at the latest 12 hours after these reservations were made. It is the customer's responsibility to provide Fromagerie le Chat-Bo with the carrier's confirmation of these reservations.
No return of Products will be accepted. If the above procedure has been respected, and if it is thus proven that the reservations are due to the fact that the package and the Products are seriously damaged, Fromagerie le Chat-Bo will, at its discretion, reimburse the Customer for the Price paid or will make a new delivery of similar Products.
If the delivery does not conform quantitatively to the Order, Fromages.com SAS will only reimburse the difference in price between the Products ordered and those delivered, of course, only if the Products delivered are of a lower price than those ordered and paid for. No reservation can be made in relation to the taste, appearance or freshness of the Products.
La Fromagerie LE CHAT BO has opted for a manual cutting of all its products, the weight offered for sale therefore corresponds to the average weight of a cut part, for each of these products.
Fromagerie LE CHAT BO has chosen to cut all its products by hand, so the weight offered for sale corresponds to the average weight of a cut part for each of these products.
This weight may vary by plus or minus 10% and is not contractually binding. Within the framework of a reasonable variation, we undertake not to proceed with any over-invoicing, should the cut-out be largely advantageous for the customer.
Conversely, the customer may not claim a partial or total refund in the event of a slightly smaller cut.
Any anomaly concerning the products (damage, missing item in relation to the order form, non-conformity, damaged or opened parcel, defective products) must be indicated on the order form and reported to Customer Service within 2 days of receipt of the parcel at the latest, by e-mail to contact@fromagerie-lechatbo.fr.
NO DISPUTE WILL BE TAKEN INTO ACCOUNT WITHOUT RESERVATIONS ON THE DELIVERY NOTE
Rule n°7
7. Personal space
The creation of a personal space is an essential prerequisite to any order placed by an Internet user on the present site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information, failing which the contract may be terminated at the publisher's initiative and the customer account deleted.
Certain information will be deemed essential for the conclusion of the contract, and its collection will be indispensable for the creation of the personal space and the validation of the conclusion of the contract. A member's refusal to provide such information will prevent the creation of the personal space and, incidentally, the validation of the order.
This area enables customers or members to consult all their orders placed on the site, and also, where applicable, to track the delivery of goods purchased.Â
Should the data contained in the personal space section disappear as a result of a fortuitous event, technical failure or force majeure, the publisher of the present site cannot be held responsible, as this information has no probative value but is for information purposes only. The publisher undertakes, however, to keep securely all contractual elements whose retention is required by the law or regulations in force.Â
Pages relating to personal areas are freely printable by the holder of the account in question, but in no way constitute proof; they are for information purposes only, intended to ensure efficient management of orders by the customer.
When creating a personal space, the user is invited to choose a password. This password guarantees the confidentiality of the information contained in the "my account" section, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site cannot be held responsible for unauthorized access to a user's account.Â
The editor reserves the exclusive right to delete the account of any member who has contravened the present general terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided erroneous information when registering and setting up his personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result.Â
Such exclusion is not exclusive of the possibility for the editor to take legal action against the member, where the facts justify such action.
Rule no. 8
8. Publisher's newsletter
By ticking the appropriate box or by expressly agreeing to this, members accept that the editor may send them, at a frequency and in a form to be determined by the editor, a newsletter which may include information relating to the editor's activity.
By checking the appropriate box, the user agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribers may unsubscribe from the newsletter by clicking on the appropriate link in each newsletter.
Rule no. 9
9. Information relating to the French Data Protection Act of January 6, 1978
Internet users are free to provide personal information about themselves. Providing personal information is not essential for browsing the site. On the other hand, registration on the present site implies the collection, by the editor, of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information required to use the services offered by the present site and, where applicable, to create a personal space, will not be able to use the services offered by the publisher of the present site, nor place an order on the present site.
In the context of an order on the present site, information relating to the collection of data relating to payment, in particular the credit card number, and its use for commercial identification purposes is subject to the consent of the person concerned, through the various forms present on the site.
The data collected is necessary for the proper administration of the services offered on the present site and for the fulfillment of the publisher's contractual obligations. This data is kept by the editor in this sole capacity, and the editor undertakes not to use it for any other purpose, nor to pass it on to third parties, except with the express agreement of users or in cases provided for by law.Â
The contact details of all users registered on this site are stored for a period of one year, a reasonable period necessary for the proper administration of the site and normal use of the data. This data is stored in secure conditions, using current technical means, in compliance with the provisions of the French Data Protection Act of January 6, 1978.
In accordance with the latter, they have the right to oppose, question, access and rectify the data they have provided. To do so, all they have to do is send a request to the editor of the present site, by e-mail to the following address: contact@fromagerie-lechatbo.fr, or by post to the address of the editor's head office mentioned at the head of these general conditions.
The personal data collected is processed by computer and is reserved exclusively for the site editor.
The data controller is SARL ARMETTA, whose contact details are given at the top of these terms and conditions.
The personal data collected will not be transferred abroad.Â
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of all Internet users. This IP address will be collected anonymously, will be kept for the same length of time as personal information and will only be used to enable proper administration of the services offered on this site. An IP address is a series of digits separated by dots that uniquely identifies a computer on the Internet.
The publisher must disclose all personal data relating to an Internet user to the police (upon judicial requisition) or to any other person (upon court order). Your computer's IP address may be matched with the actual identity of the subscriber held by the ISP (Internet Service Provider).
Rule n°10
10. Information on the collection of cookies
In order to enable all Internet users to optimize their browsing experience on the present site and to improve the operation of the various interfaces and applications, the publisher may install a cookie on the user's computer. This cookie stores information relating to site navigation (date, page, time), as well as any data entered by users during their visit (searches, login, email, password). These cookies are stored on the user's computer for a variable period of up to 365 days, and may be read and used by the publisher during the user's subsequent visit to this site.
Users can block, modify the retention period, or delete this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In this case, browsing on this site will not be optimized. Should the systematic deactivation of cookies on the Internet user's browser prevent him/her from using certain services or functionalities provided by the editor, this malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.Â
Internet users also have the option of deleting any cookies already present on their computer, by going to the appropriate menu on their browser (generally, Tools or Options / Privacy or Confidentiality). Such action has no effect on their browsing on the present site, but causes users to lose all the benefits provided by the cookie. In this case, they will have to re-enter all their personal information.
Rule n°11
11. Exoneration of the publisher's liability in the performance of the present contract
Should access to the site be impossible due to technical problems or any other cause, the customer will not be entitled to claim any damages or compensation.Â
The unavailability of one or more products, even if prolonged and without any time limit, shall not constitute a prejudice for Internet users and shall not in any way give rise to the awarding of damages by the site or its publisher.Â
Hypertext links present on the present site may lead to other Internet sites, and the publisher of the present site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of the present site cannot be held liable if the user's visit to one of these sites causes prejudice.
Rule n°12
12. Intellectual property rights relating to elements published on the present site
All the elements making up this site belong to the publisher and are therefore protected by intellectual property legislation.Â
Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy, distribution or use of one or more of these elements, even if modified, may give rise to legal proceedings being taken against you by the publisher.
This protection covers all textual and graphic content on the site, as well as its structure, name and graphic charter.
Rule no. 13
13. Miscellaneous clauses
These terms and conditions are governed by French law.Â
These terms and conditions may be modified at any time by the site editor or its agent. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to the present site. The publisher undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.Â
Except in the case of provisions of public order, any disputes that may arise in connection with the execution of the present general terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for taking legal action.
Should one of the clauses of the present general terms and conditions be declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.Â
The Publisher's temporary or permanent refusal to invoke one or more clauses of these General Terms and Conditions shall in no way imply a waiver of its right to invoke the remainder of the General Terms and Conditions.
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Last updated on 18/08/2023
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