General terms and condition of sale
These conditions (hereinafter CGV) are concluded between the company L’HUILE DE MON PERE (the seller), exploiting the trade name HDMP (hereinafter HDMP), SAS, with a capital of € 10,000, registered with the French RCS of Paris under number 8s44363549; head office located 8 rue de Montevideo – 75116 PARIS and the Customer (or the client) regarding any order for products offered for sale on the HDMP website at www.parcelle26.com.
The Customer is understood as a natural person who is of age or has at least the legal capacity to contract and who acts for purposes which are not part of his commercial, industrial, craft or liberal activity.
Any order for a Product placed on the HDMP website is subject to these general terms and conditions of sale. As soon as the Customer makes the payment of his order, he acquaints himself of these GCS and has expressly accepted them.
HDMP reserves the right to change these Terms and Conditions at any time by posting a new version on the website.
The applicable general terms and conditions of sale are those in force at the date of placing the order.
The purpose of these Terms and Conditions of Sale is to define the rights and obligations of the Parties arising from the online sale of the Products offered on the website. They shall guide the steps necessary for the execution of orders between the Parties.
2.1 Order Delivery and Validation
Only Products appearing on the website on the day of the order, and identified as available, may be sold to the Customer.
The product offer and prices are valid, as long as the Product is available on the Site.
The Customer has the possibility to place his order from the catalog of Products available on the site.
The Customer orders the product(s) of his choice by clicking on “Add to Cart” and then validates his order by clicking on the icon “Validate my Cart”.
To access the next step, the Customer will be asked to read these general terms and conditions of sale.
2.2 Customer account
If the customer has a personal Customer account, he has to access his account to validate the order and proceed to payment.
If he does not already have a personal Customer account, the Customer must accurately fill, in the fields identified by an asterisk as mandatory, in order to create his personal Customer account, last name, first name, personal address and e-mail address.
The Customer will also have the possibility to place an order without prior opening a Customer account. In this case, after having identified the reference of the product(s) for which he wishes to place an order, the Customer must accurately fill in the fields identified by an asterisk as mandatory in order to place an order, name, first name, e-mail address, billing address and delivery address if this is different from the billing address.
2.3 Finalization of the order
After accessing his Customer account and validating the basket, the Customer will access the delivery page, which will detail the contract offer and the delivery options. The Customer must then enter the address to which he wishes the Products to be delivered.
If he does not have a Customer account, after validating the basket, the Customer will directly access the delivery page which will detail the contract offer and the delivery options. The Customer must enter the address to which he wishes the Products to be delivered.
After having clicked on “continue my order” he will access a page allowing him to choose his payment method, by credit card or Paypal.
- Prices and payment
The prices indicated on the website are expressed by default in euros, including all French taxes, on the basis of the French 20% value added tax (VAT), excluding transport costs.
The products will be invoiced on the basis of the prices in force at the time of validation of the order. After this date, they may be modified at any time by HDMP.
3.2 Transportation costs
The Customer must enter the delivery address of his order to know its final price, including shipping costs.
Shipping is carried out by carrier and re-invoiced to the Customer at the rate of the euro currency.
The price of the Items invoiced is therefore the one indicated at the time of the Order.
3.3 Payment terms and conditions
Payment is immediate by credit card or Paypal.
3.4 Discount codes
The discount codes are applicable only to the value of the products, which must be at least the value of the voucher and exclude the shipping costs. Offer cannot be combined with any other discounts. Discount codes are not retroactive and can no longer be applied once the order has been placed. Discount codes for products offered are valid within the available stock limits. Discount codes are valid until their expiry date.
- Shipping & Returns
4.1 Terms and conditions
The products ordered by the Customer are only delivered in metropolitan France, to the delivery address that the Customer has indicated in his order.
The Customer will receive by e-mail an Order number confirming its correct take over. The Customer will be informed of the different stages of his Order by email.
Shipments are announced by e-mail to the Customer, to the e-mail address provided on his Customer account or at the time of ordering if he does not have a Customer account.
A delivery note is included in the package, summarizing the items ordered and effectively delivered.
The Customer fully and exclusively assumes the risk of loss or damage to the items from delivery.
4.2 Delivery periods
The Articles are delivered to the delivery address indicated by the Customer when the Order is placed, at the latest at the end of the period indicated when the Order is placed.
HDMP undertakes that delivery will be made within a maximum of 30 (thirty) calendar days from the date of order.
In the event of a delay in delivery in relation to the above-mentioned maximum time limit, the Customer may contact HDMP Customer Service and then request the resolution of the sale in accordance with Articles L.216-1 et seq. of the French Consumer Code and the refund of his order by email or registered mail – return receipt requested addressed to Customer Service.
In the event that the Order is definitively cancelled, the Customer shall obtain a refund of the price paid for his Order within 14 days of the date of denunciation by the Customer.
Each delivery is deemed to be made as soon as the carrier, materialized by its control system, makes the package available to the Customer.
If the package is damaged or if the Item does not correspond to the Customer’s Order, the Customer must initiate the return procedure described in Article 4.3 below within 30 calendar days after shipment.
4.3 Damage during transport
The Customer must only accept the package if there is no evidence of impact or leakage on the outer packaging. HDMP recommends opening the package and checking the Product before signing any delivery note.
If this is not possible, the Customer is invited to express reservations about the condition of the goods by indicating on the delivery note “subject to verification of the goods in view of the poor condition of the package” and by describing the damage.
HDMP and its transport partner assume the transport risks and will refund the Customer, as the package is returned to the carrier with a reasoned letter of complaint, a copy of which should be sent to HDMP by e-mail to the following address: email@example.com
- Right of withdrawal
In accordance with provisions of Article L222-7 of French the Consumer Code, the Customer has a period of 14 calendar days from reception of the Products to exercise his right of withdrawal from HDMP, without justified reasons or financial penalty. The Customer must then return the Products to HDMP within a maximum period of 14 calendar days following the communication of its decision to withdraw.
In order to exercise his right of withdrawal, the Customer may use at his choice:
– the withdrawal form (reproduced in Annex 1 and received with the package by post) by returning it to the following address: HDMP-Retractations 8, rue de Montevideo 75116 Paris
– an unambiguous statement (for example, letter sent by post, or e-mail). The paper return should be sent to: Serviceclient@parcelle26.com
All Products must be returned in their original conditions and packaging.
In case of exercise of the right of withdrawal, HDMP will refund to the Customer all payments received from the Customer, except delivery charges, no later than 14 days from the day HDMP is informed of the Customer’s decision to withdraw.
HDMP will refund using the same payment method as the Customer used for the initial transaction. The Customer must return the goods by post to HDMP at 8, rue Montevideo 75116 Paris, without undue delay and, in any event, no later than 30 days after the Customer has notified HDMP of its decision to withdraw from this contract.
This deadline is deemed been met if the Customer returns the goods before the expiry of the 30-day deadline.
The Customer shall bear the direct costs of returning the goods, except in the event of an error attributable to HDMP.
Incomplete or damaged products resulting from the Customer action cannot be retracted and will not be taken back.
For all stages of access to the website, consultation, filling in forms, placing orders, delivery of items or any other service, HDMP has only an obligation of means. Consequently, HDMP cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally off the due diligence and precautions taken by HDMP.
In particular, HDMP cannot be held responsible for any disruption in the provision of the service, or any external intrusion or presence of computer viruses. Similarly, any event qualified as force majeure within the meaning of the case law of the Court of Cassation (French jurisprudence) completely exonerates HDMP from any liability in accordance with Article 8 below.
- Force majeure
HDMP shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance results either from the Customer, or from an unforeseeable and insurmountable fact, from a third party to the contract, or from a case of force majeure as defined by the case law of the courts, including in particular, total or partial strikes as postal services’ and means of transport and/or communications.
HDMP will notify the Customer of a force majeure event within 5 (five) business days of its occurrence.
The Parties agree to consult each other as soon as possible in order to determine the terms and conditions for processing the order during the duration of the force majeure event.
Beyond a period of 30 days of interruption due to force majeure, the Parties shall be released from their obligations towards each other. If necessary, HDMP will refund the Customer as soon as possible.
The customer can act in legal guarantee of conformity.
He has a period of two years from the delivery of the property to act either to obtain compensation or to obtain replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.
The Client is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months.
As a reminder, the legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.
- Intellectual Property
All elements of the website (to be completed), whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents
They are the exclusive property of HDMP.
It is therefore prohibited to reproduce in any form (whatsoever), directly or indirectly, the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available on the website, and more generally to use or exploit these elements other than in the context of the execution of the present contract.
Within this framework, the reproduction or use of all or part of these elements is only authorized for personal and private use, any reproduction and any use of copies made for other purposes are expressly prohibited.
- Personal data
The personal information and personal data concerning the Customer are necessary for the management of the order and the commercial relations. They may be forwarded to companies that contribute to these relations, as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also stored for security purposes, to comply with legal and regulatory obligations and to enable HDMP to improve and personalize the services offered and the information sent.
In accordance with the “Data Protection Act” of January 6th 1978, supplemented by the Act of June 20th 2018, the Client has the right to object, access, rectify, delete, restrict and not be subject to automated individual decisions on personal data concerning him, under the conditions provided for by law.
He can exercise these rights by sending a request by post to HDMP’s head office or by email to customer service at the following address firstname.lastname@example.org
- Preservation and archiving of transactions
The archiving of purchase orders and invoices is carried out on a reliable and durable medium in order to correspond to a faithful and durable copy.
Any information regarding the orders is available upon request by e-mail to email@example.com or by post to HDMP – Customer Service 8, rue Montevideo 75116.
- Applicable law – jurisdiction
These General Terms and Conditions of Sale are subject to French law.
In the event of a dispute, the Customer will first contact HDMP to seek an amicable solution by contacting customer service.
The competent court in the event of a dispute shall be that of the defendant’s place of residence.