General Terms & Conditions
I. Company
The Espenon Truffes website, www.espenon-truffes.fr is the exclusive property of Gilbert Espenon SARL, registered under French law, at Avignon RCS under the number 343 728 309, and whose head office is located at 259 Route du Beaucet 84210 Saint-Didier
II- Purpose
These General Terms and Conditions are intended to:
– inform any potential buyer of the seller’s terms and conditions for the sale and delivery of products ordered
– define the rights and obligations of each party in the sale of online goods by the seller to the consumer
They apply, without limitation or qualification, to all sales by Espenon Truffes, all products sold on their website www.espenon-truffes.fr, products that cannot be resold (without prior authorisation from the sales department).
Consequently, and in accordance with the terms of the laws passed on the 21st of June 2004 on trust in the digital economy and on the 13th of March 2000 on electronic signatures, anyone who orders a product for sale on the www.espenon-truffes.fr website confirms that they fully accept these general terms and conditions of sale and acknowledge having read them before placing their order.
These products are available for purchase in the following geographic areas: Metropolitan France and some countries in the European Union. (See Article VII, point 3)
Espenon Truffes reserves the right to modify these terms and conditions at any time.
III. Products
In accordance with Article L. 111-1 of the Consumer Code, an accurate description of all essential product characteristics and the price has been provided for each product available for purchase at www.espenon-truffes.fr. Prior to placing their order, the Buyer can, therefore, familiarise themselves with all the essential characteristics of the product they wish to order from www.espenon-truffes.fr.
The product photographs, illustrations, graphics and descriptions are only indicative and in no way bind the seller.
The price of every product available for purchase at www.espenon-truffes.fr is quoted in euros TTC (including all taxes) and are the prices in effect at the time the Buyer places their order.
The price listed in the order summary is the final price. This price includes the total order cost, with details of each product, and the shipping cost
IV. Contract Formation
Website access
Espenon Truffes’ website is available at the following address: www.espenon-truffes.fr.
The Buyer is responsible for arranging all computer and telecommunications settings needed to access www.espenon-truffes.fr.
The Buyer is responsible for all computer and telecommunications costs incurred whilst using the site.
Log in
To place their first order the Buyer must create a personal account on the www.espenon-truffes.fr website. To do so, the Buyer must enter a username and password and provide the following information: – Email – Full Name – Address (street or road number) and Building (number and / or letter) – Town – Post Code – Phone Number
This information will be used for all subsequent orders and provides, as far as is possible, a personalised service.
The username and password are the Buyer’s responsibility and in the case of misuse by third parties the Buyer cannot bring any claim against Gilbert Espenon SARL, unless the misuse is proved to be the direct result of a fault attributable to Gilbert Espenon SARL.
Order
To start placing an order, the Buyer should first familiarise themselves with the product’s essential characteristics, then choose each product they wish to buy by clicking on the product image and clicking “Add to Cart”.
To register and confirm an order, on the Espenon Truffes website, the Buyer should click on their choice of payment method on the “Order Payment” page.
By registering and confirming an order the Buyer accepts, not only, the contents of the order, but the entirety of these General Terms and Conditions and confirms the order date.
The Buyer’s order will be confirmed via an email from Espenon Truffes.
V. Payment
All orders are payable in euros. Payment must be made when the Buyer places an order. At no time may payments be considered as a deposit or advance.
The delivery of the order may be suspended or cancelled in the case of non-payment or default of the amount owed by the Buyer.
To confirm the order, the Buyer can choose from the following payment methods:
Paypal / Debit Card / Visa / Master Card
VI. Despatch and delivery
General Rules
When placing an order, the Buyer should indicate the delivery address for the order, in France or the European Union. In cases where the billing address is not the same as delivery address, the Buyer should specify which is which.
By default, invoices are sent with the order to the delivery address specified by the Buyer when placing the order.
No claim by the Buyer will be accepted if the procedures outlined in these Terms and Conditions have not been respected.
Espenon Truffes undertakes to process every order as soon as possible (maximum 48h).
Order are processed Monday to Friday. Subject to availability.
Delivery costs
At the time of the website going live, the shipping costs are:
1- WITHIN FRANCE
from 0 to 10kg = 20€
a supplement of 5€ will be added for delivery to Corsica.
2-EUROPE
0-3kg: 36€
3.5-5kg Europe: 45€
Europe 5.5kg- 10kg: 75 €
Then 3€ for every 5 kilos extra, up to 35kg
Delivery zones
The delivery zones include mainland France, Corsica and some countries in the European Union:
Germany
Austria
Belgium
Denmark
Spain
Finland
Greece
Ireland
Italy
Luxembourg
Netherlands
Portugal
Sweden
United Kingdom
The choice of carrier is made by Espenon Truffes when processing the order.
Special arrangements will be made for orders containing fresh produce.
Preparing an order containing fresh produce requires special packaging to keep the product at the required temperature until delivery.
For orders containing fresh truffles or other products which require a temperature of between 0 and + 4 °C, the delivery will be made by an express carrier.
The Buyer cannot claim damages, withhold or cancel the order, due to late delivery.
If the Buyer is not at the delivery address the parcel will be left at the nearest relay point. The Buyer then has 12 hours to retrieve it to guarantee the products’ freshness. Beyond 12 hours, the Buyer takes responsibility for any damaged goods. No claims will be considered.
It’s the recipient’s responsibility to check the condition of the parcel in the presence of the postal worker or carrier. Any anomaly noticed upon receipt must be reported to Espenon Truffes within 48 hours to start the reimbursement procedure from the carrier.
In case of a delivery delay in regards to the initial agreed date, the Buyer should report it in writing (post, fax, email) to Espenon Truffes to assist in improving the quality of service offered and to allow Espenon Truffes to investigate the delay with the carrier.
An enquiry opened with the carrier can last up to 21 working days. If, during this period, the parcel is found, it will immediately be re-routed to the delivery address specified on the order.
However, if the parcel is not found at the end of this 21 day enquiry period, Espenon Truffes will undertake to send, at its own expense, a new parcel containing the Buyer’s ordered products.
Returns
In the case of an error regarding the recipient’s address Espenon Truffes cannot be held responsible for the failure to deliver. In this case, as in the case of the Buyer cancelling the order after it has been shipped, Espenon Truffes will not reimburse the customer’s shipping costs.
If the Buyer is repeatedly unavailable to take the delivery, leading to the parcel being returned to Espenon Truffes, the cost of the return and all related expenses will be borne by the customer.
It is understood that the goods always travel at the risk of the recipient.
Espenon Truffes reiterates that you must check your package upon its arrival.
In the case of missing, lost or damaged parcels or goods, or if any doubt regarding the condition or contents of the parcel, the Buyer must refuse the goods and immediately issue a written statement regarding the anomaly to the shipper and report the incident to Espenon Truffes via email in the “Contact” section.
In order to respect cold chain compliance, fresh produce cannot be a returned.
VII. Right to withdrawal
For all products, except fresh produce, and pursuant to Article L. 121-20 of the Consumer Code, the Buyer has seven days from the receipt date to return, at their expense, the products for reimbursement.
Stock permitting, all orders will be honoured. In the event that a product is unavailable after the Buyer has placed their order, Espenon Truffes undertakes to promptly inform the Buyer by email. The Buyer may then cancel the order or request a product exchange.
Products must be returned to Espenon Truffes in perfect condition for resale, in their original condition (packaging, accessories, manuals, etc.), duly sealed and accompanied by the delivery note signed and accompanied by a handwritten “right to return” note.
VIII. Title retention clause
The transfer to the Buyer, of ownership of goods sold, is suspended until full payment is received, in accordance with article 2367 of the Civil Code and Ordinance No. 2006-346 of the 23rd of March 2006 regarding security.
IX. Liability
Espenon Truffes cannot be held liable for breach of contract in the case of a product shortage or unavailability due to a force majeure, disruption or total or partial strike of postal services and means of transport and / or communications.
Espenon Truffes will not accept any liability for loss of data or files. It is the Buyer’s responsibility to ensure all the necessary backups.
X. Applicable law and competent jurisdiction
Products sold by the company Gilbert Espenon SARL on the website Espenon Truffes (www.espenon-truffes.fr) are subject to French law. Any dispute concerning the interpretation, execution or breach of contract between SARL Gilbert Espenon and the Buyer, even in the case of multiple defendants, and in failure of amicable agreement, shall be subject to the exclusive jurisdiction of the courts Avignon.
XI. “Data Protection”
The information collected by Espenon Truffes, during any Buyer order process, are necessary for order management by Espenon Truffes and its business partners. According to the French Law n° 78-17 on information technology, data and freedoms of January 6, 1978 (the “Data Protection Act”), the Buyer has the right to demand access to, correct, oppose and delete data held on them by Espenon Truffes, via email (see contact)
The Buyer may be informed, via Espenon Truffes, of offers at www.espenon-truffes.fr. If the Buyer does not wish to receive these offers, they may inform Espenon Truffes by post or email via the “Contact” section.
XII. Partial invalidity
Should one or more of the provisions in these general terms and conditions be found to be invalid and declared as such under any law, regulation, or following the final decision by a competent court of law, the remaining provisions will remain valid and in full force.