Terms & Conditions for the website www.albertmenes.fr
available from 2017, the 21th of september
You are currently connected to the website www.albertmenes.fr, published by Albert Ménès, SA, share capital: € 2 057 238, RCS de Nanterre: 572 064 350, head office: 156 rue Saint Denis, 92700 Colombes, France, telephone: +33147155300, e-mail: contact(@)albertmenes.fr, intra-community VAT number: FR 95 572064350, Director of Publication and Editor-in-Chief: Bettina AURBACH.
The Site is hosted by C'est Nettement Mieux, head office: 14, rue Victor Méric, 92110 Clichy, telephone: +33141066891.
"Customer": any person, whether natural or legal, under private or public law, registered on the Site.
"Site Content": elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"AlbertMenes.fr": Albert Ménès SA, in its capacity as publisher of the Site.
"Internet user": any person, whether natural or legal, under private or public law, connecting to the Site.
"Product": property of any kind sold on the Site by AlbertMenes.fr and consisting essentially of delicatessen products.
"Site": a website accessible at the URL www.AlbertMenes.fr, as well as the sub-sites, mirror sites, portals and URL variations pertaining thereto.
The Site is freely accessible to all Internet users. Browsing on the Site implies the acceptance by any Internet user of these general conditions. Simple connection to the Site, by any means whatsoever, in particular by means of a robot or browser, will imply full and complete acceptance of these general conditions.
When registering on the Site, this acceptance will be confirmed by ticking the box corresponding to the following sentence: "I acknowledge having read and accepted the general conditions of sale and use". The Internet user also acknowledges that he or she has read them fully and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of AlbertMenes.fr's automatic registration systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular of those of the Internet user.
Acceptance of these general terms and conditions presupposes that Internet users have the necessary legal capacity to accept them, or failing this, that they have the authorisation of a guardian or an administrator 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 person.
The purpose of the Site is the sale of Products to Customers.
In order to place an order, Internet users may select one or more Products and add them to their shopping cart. The availability of the Products is indicated on the Site, in the description sheet of each item and is in any case purely indicative. When their order is complete, they will be able to access their shopping cart by clicking on the button provided for this purpose.
By consulting their shopping cart, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility to remove one or more Products from their shopping cart.
If their order suits them, Internet users will be able to confirm it. They will then proceed to a form in which they can either enter their login details if they already have them, or register on the Site by completing the registration form with their personal details.
As soon as they are connected or once they have fully completed the registration form, Customers will be invited to check or amend their delivery and invoicing details,and then they will be invited to make their payment by being redirected for this purpose to the secure payment interface marked "order with payment obligation" or a formulation of that kind.
Once the payment has in fact been received by AlbertMenes.fr, the latter undertakes to acknowledge receipt of the payment to the Client electronically, within a maximum period of 24 hours. Within the same period, AlbertMenes.fr undertakes to send the Customer an e-mail summarising the order and confirming processing, including all the relevant information.
In the event of the unavailability of an ordered Product, AlbertMenes.fr will proceed, at the customer's choice, either to refund the Product or to replace it with a Product that is equivalent and/or of equivalent value.
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by AlbertMenes.fr. The prices displayed are only valid on the day of the order and do not have any effect on the future.
The prices indicated on the Site are in Euro, all taxes included, excluding delivery costs.
The Customer can pay by credit card and Paypal. Payments by credit card are made by means of secure transactions provided by Pay System.
In the context of payments by credit card, AlbertMenes.fr has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank.
AlbertMenes.fr will send or make available to the Customer an invoice by electronic means after each payment. The Customer expressly agrees to receive invoices electronically.
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date shall automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the sums due in principal.
In addition, any delay in payment will result in the invoicing of collection costs of 40 Euro to the defaulting Customer, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally to the fault of the Customer.
The Products sold remain the property of AlbertMenes.fr until full payment of their price, in accordance with this retention of ownership clause.
The Site's customer service is available from Monday to Friday from 9:00 to 12:30 and from 13:30 to 17:30 on the following non-surcharged telephone number: 0147155300, by e-mail to: contact(@)albertmenes.fr or by post to the address indicated in article 1 of these general conditions. In the latter two cases, AlbertMenes.fr undertakes to provide a response within 3 working days.
In accordance with the legislation in force on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where applicable, of the return costs.
The time limit referred to in the previous paragraph shall run from the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a material medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the supply of goods.
In the case of an order for several goods delivered separately or in the case of an order for goods consisting of multiple lots or parts delivered over a defined period, the time limit shall run from receipt of the last good or lot or part. In the case of contracts providing for the regular delivery of goods for a specified period, the period shall run from the date of receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day.
The decision to withdraw must be notified to AlbertMenes.fr at the address indicated in article 1 of these general conditions by means of an unambiguous declaration. The Customer has, for example, the possibility to use the standard form provided at the end of these general terms and conditions. In any event, AlbertMenes.fr will e-mail the Customer an acknowledgement of receipt of the said withdrawal as soon as possible.
The Client shall return or return the products to the trader or any person designated by him without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw.
When the right of withdrawal is exercised, the trader is required to reimburse the Client for all sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. If necessary, the trader may defer reimbursement until the Products are recovered or until the Customer has provided proof of shipment of the Products, at the earlier of the two events. Beyond that, the amount due shall, as of right, bear interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the trader will perform the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer has given his or her express consent to use another means of payment and provided that the refund does not entail any costs for the Customer. However, the trader is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the proposed standard delivery method.
The direct costs of returning the Product are the responsibility of the Customer. The Customer is liable only for depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
The right of withdrawal does not apply, in particular, to contracts:
-to supply goods that are made according to the Customer's specifications or that are clearly personalised;
-to supply goods that are likely to deteriorate or expire quickly;
-to supply goods that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection;
-to supply goods that, once delivered and by their nature, are inextricably mixed with other items;
-to supply alcoholic beverages whose delivery is deferred beyond 30 days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the trader.
Similarly, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
The Customer acting as Consumer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods exceeds seven days. The Customer will then be reimbursed for the sums incurred by him or her during the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against AlbertMenes.fr and waives the right to terminate the sale provided for in this article.
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This check must include in particular the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any case, no complaint concerning the delivered packages will be taken into account unless the Customer acting as Trader has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the French Commercial Code.
Customers have a legal guarantee of delivery in conformity (article 1604 of the French Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) and a security guarantee (articles 1245 et seq. of the French Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. French Consumer Code).
In order to implement the guarantee, it is the Customer's responsibility to return the product to the address of AlbertMenes.fr's head office, accompanied by an explanatory letter requesting either an exchange or a refund.
The costs of returning the Product remain the responsibility of the Customer, except for Consumer Customers who implement the guarantee of conformity of articles L. 217-4 et seq. of the French Consumer Code.
The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to supply a certain number of personal details. Some of these details are considered essential for the creation of the personal space. Refusal by an Internet user to supply said details will have the effect of preventing the creation of the personal space as well as, incidentally, confirmation of the order.
When creating the personal space, the Internet user is asked to choose a password. This password is the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to any third party. Otherwise, AlbertMenes.fr cannot be held responsible for unauthorised access to an Internet user's personal space.
The Customer undertakes to regularly check the data concerning him/her and to proceed online, from his/her personal space, to the necessary updates and amendments.
The personal space allows the Customer to consult and track all his or her orders placed on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence in court. Their nature is solely informative and they are intended to ensure efficient management of the Customer's orders.
AlbertMenes.fr undertakes to securely store all contractual elements whose storage is required by law or regulations in force.
AlbertMenes.fr reserves the right to delete the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive for at least one year. Such deletion shall not be likely to constitute a fault of AlbertMenes.fr or damage to the excluded Customer, who shall not be entitled to any compensation as a result.
This exclusion is without prejudice to the possibility for AlbertMenes.fr to take legal action against the Customer, when the facts justify it.
The delivery or availability costs will, in any case, be indicated to the Customer before any payment is made and concern deliveries made in metropolitan France, Corsica, the French overseas departments and territories, and abroad.
The delivery costs indicated on the Site are understood in Euro, all taxes included.
Orders are delivered by Colissimo to your home or to a collection point of your choice within 7 working days of the full collection of the price by AlbertMenes.fr.
Some products or order volumes may nevertheless justify a delivery time of more than 7 working days. This will be expressly mentioned to the Customer when the order is confirmed.
In the event of delivery of a clearly and visibly damaged package, it is the Customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared and then shipped in return upon receipt of the damaged package. In such a case, the delivery times indicated above in these general terms and conditions shall no longer apply.
The AlbertMenes.fr file containing the personal data of Internet users has been declared to the CNIL registered under number 207 41 68 v 0
Internet users are free to supply personal details about themselves. The supply of personal details is not essential for browsing on the Site.
On the other hand, registration on this Site requires AlbertMenes.fr to collect a certain number of personal details concerning Internet users. Internet users who do not wish to supply the details necessary for registration will not be able to place an order on this Site.
The personal data collected are processed electronically and are exclusively reserved for AlbertMenes.fr. The data collected are necessary for the proper administration of the Site, and to ensure that AlbertMenes.fr meets its contractual obligations. These data are stored by AlbertMenes.fr in this unique capacity. AlbertMenes.fr undertakes not to use them for any other purpose or to transmit them to third parties, except with the express consent of Internet users or as provided by law. The personal data collected are not transferred abroad.
The contact details of all Internet users registered on this Site are saved for a reasonable period necessary for the proper administration of the Site and for normal use of the data. These data are stored in secure conditions, according to current technical means, in compliance with the provisions of the French Data Protection Act of 6 January 1978.
In accordance with the latter, Internet users have the right to oppose, query, access and rectify the data they have provided. To do so, they simply need to make a request to AlbertMenes.fr, by sending it to the following e-mail address: contact(@)albertmenes.fr, or by post to the address of AlbertMenes.fr's headquarters mentioned in article 1 of these general conditions.
In order to allow all Internet users to browse the Site optimally and to improve the functioning of the various interfaces and applications, AlbertMenes.fr may install a cookie on the Internet user's computer.
Cookies make it possible to store information relating to browsing on the Site (date, page, time), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the Internet user's computer for a variable period of up to 13 months, and may be read and used by AlbertMenes.fr during a subsequent visit by the Internet user to this Site.
The Internet user has the possibility to block, modify the storage period, or delete these cookies via his or her browser (generally: tools or options / privacy or confidentiality). In such a case, browsing on this Site will not be optimised. If systematic deactivation of cookies on the Internet user's browser prevents him from using certain Services, this malfunction can in no way constitute any damage for the Internet user, who will not be able to claim any compensation as a result.
Internet users also have the possibility to delete cookies installed on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action causes Internet users to lose the benefit of cookies.
The IP address is a series of numbers separated by dots that allow a computer to be uniquely identified on the Internet network. AlbertMenes.fr reserves the right to collect the public IP address of all Internet users. Collection of this IP address will be performed anonymously. The IP address of Internet users will be kept for as long as required by law.
AlbertMenes.fr must communicate all personal data relating to an Internet user to the Police upon judicial requisition or to any person upon judicial decision. The IP address may be linked to the Internet user's actual identity if this information is communicated by an Internet service provider.
AlbertMenes.fr undertakes to apply the necessary care and diligence in order to supply Quality Products in accordance with the specifications of these General Terms and Conditions. AlbertMenes.fr is liable only for an obligation of means concerning the services covered by this agreement.
AlbertMenes.fr will not be held liable in the event of force majeure or the Customer's fault, as defined in this article:
In the sense of these general terms and conditions, any prevention, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, the unlawful or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flooding, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond AlbertMenes' reasonable control.fr shall be considered as force majeure enforceable against the Customer. In such circumstances, AlbertMenes.fr shall be exempted from the performance of its obligations within the limit of such prevention, limitation or disruption.
In the sense of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or his employees, failure to comply with the advice given by AlbertMenes.fr on its Site, any unauthorised disclosure or use of the Customer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in his personal space shall be considered a fault of the Customer. The implementation of any technical process, such as robots or automatic requests, the implementation of which would contravene the letter or spirit of these general conditions of sale, shall also be considered a fault of the Customer.
In the event of impossibility of access to the Site, due to technical problems of any nature, the Customer may not claim any damage and may not claim any compensation. The unavailability, even if prolonged and without time limit, of one or more online services cannot constitute a prejudice for Customers and can in no way give rise to the awarding of damages by AlbertMenes.fr.
The hypertext links on the Site may lead to other websites. AlbertMenes.fr cannot be held liable if the content of these sites contravenes current legislation. Similarly, AlbertMenes.fr cannot be held liable if the Internet user's visit to one of these sites causes him/her any damage.
As the technology currently stands, the illustrated presentation of Products offered for sale on this Site, particularly in terms of colours or shapes, may vary significantly from one computer station to another or may differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences cannot under any circumstances be attributed to AlbertMenes.fr and the latter cannot be held liable for them under any circumstances.
In the absence of contrary legal or regulatory provisions, AlbertMenes.fr's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. AlbertMenes.fr cannot under any circumstances be held liable for indirect damage such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial problems and loss of profits or customers. Similarly, and within the same limits, the amount of damages charged to AlbertMenes.fr may not in any event exceed the price of the Product ordered.
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. AlbertMenes.fr cannot under any circumstances be held liable for any omission, inaccuracy or error contained in this information that may result in direct or indirect damage to the Internet user.
The Content of the Site may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, made unlawfully and without the consent of AlbertMenes.fr or its successors or assignees constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for infringement.
The Internet user undertakes contractually with AlbertMenes.fr not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not it is protected by intellectual property rights, for any purpose other than its reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
These general conditions are subject to the application of French law.
These general conditions may be modified at any time by AlbertMenes.fr. The general conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions.
Under Order No. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the execution of these general conditions and whose solution cannot be found amicably between the parties beforehand must be submitted to the Fédération du Commerce et de la Distribution: https://mediateur.fcd.fr/
Any dispute relating to or in connection with this contract shall be settled by arbitration in accordance with the rules of the Digital Arbitration and Mediation Institute: www.fast-arbitre.com
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose hereof.
The failure by AlbertMenes.fr to exercise the rights granted to it hereunder shall under no circumstances be construed as a waiver of any such rights.
These general conditions are offered in French.
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a trader and a consumer.
In the case of distance selling, as defined by Article L. 221-1 of the French Consumer Code, within fourteen days, including public holidays, from the date of the order or purchase commitment, the Customer may rescind it by registered letter with acknowledgement of receipt. If this period duly expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day.
Any clause in the contract by which the customer waives his right to rescind his order or purchase commitment is null and void. This Article shall not apply to contracts concluded under the conditions provided for in Article L. 221-2.
If you cancel your order,
you can use the detachable form below.
Consumer Code art. L. 221-5
∗ complete and sign this form
∗ send it by registered letter with acknowledgement of receipt
∗ use the address given in Article 1
∗ ship it no later than the fourteenth day from the day of the order or, if this period duly expires on a Saturday, Sunday or a public or non-working day, the first following working day.
I, the undersigned, declare that I am cancelling the following order:
∗ Nature of the goods or service ordered:.......................................................................................................
∗ Date of order:......................................................................................................................................................
∗ Date of receipt of the order: ....................................................................................................................
∗ Customer’s name: ........................................................................................................................................................................
∗ Customer’s address: ..............................................................................................................................................................................................................
Customer’s signature :