The points discussed (click on the link to go to the paragraph):
- Operator and owner of the website
- Defined terms
- Article 1: Product offer
- Article 2: Price
- Article 3: Orders on the site
- Article 4: Payment of purchases
- Article 5: Securing
- Article 6: Order validation
- Article 7: Availability of products
- Article 8: Delivery & deadlines
- Article 9: Conformity of products
- Article 10: Legal guarantee of conformity
- Article 11: Complaints
- Article 12: Retraction period
- Article 13: Confidentiality
- Article 14: Liability
- Article 15: Intellectual Property
- Article 16: Validity
- Article 17: Duration
- Article 18: Applicable Law - Litigation
Operator and owner of the website
The website www.remember-provence.com is published by REMEMBER PROVENCE, (Societe par Actions Simplifiee) with a capital of 2,500 Euros, which head office is located at 527 chemin du Vallon des Brayes, 13880 VELAUX, FRANCE, registered in the Trade and Companies Register of Salon de Provence under number 838 232 072, and whose VAT number is FR37 838 232 072.
Director of Communication: Marie-Hélène BERIOT, President of the SAS REMEMBER PROVENCE.
To contact us by email:
- In case of request or complaint concerning technical problems: [email protected]
- In case of request or complaint concerning any other subject: [email protected]
The Site is hosted by FastComet Inc. - San Francisco, CA - USA - www.fastcomet.com
These Terms and Conditions (hereinafter referred to as the "Terms") are intended to define the terms and conditions of sale of the products and services offered on the REMEMBER PROVENCE Website and to define the rights and obligations of each party (Buyer, Seller, User) from the order to the delivery. At any time, you can edit these Terms by clicking on the link located in the footer of the Site. Conditions of use specific to certain Services may, however, supplement these Conditions, and replace them in the specific cases to which they apply.
- "Website": the website www.remember-provence.com, an online store of products exclusively from Provence, unique items or small series made using ancestral or traditional craft techniques in Provence (hereinafter the "Goods" or "Products").
- "Buyer": means a Member who has indicated his/her online acceptance of the offer of REMEMBER PROVENCE on the Site.
- "Artisan" or "Manufacturer" means a supplier of REMEMBER PROVENCE who manufactures Products listed on the Site.
- "Product" or "Good" means a product offered for sale on the Site by REMEMBER PROVENCE. All products offered for sale on the Site are hereinafter referred to as "Products".
- "Member": means any person who registers on the Site.
- "User" or "Visitor" means any person who uses the Site, whether Member or not.
- "Customer" or ‘’Buyer’’: means any Member registered on the Site who has placed an order.
- "Services": refers to all the services offered on the REMEMBER PROVENCE Website.
- "Content (s)": means any information provided by a Member on the Website, in particular, without this list being exhaustive, any Product, any data, information, text, any object listed, descriptive, any comment, any evaluation of a Product, any name, pseudonym, sign, photograph, image, sound, video, logo and any other element provided by the Member on the Site, including when registering, in an announcement, an electronic message, on a forum.
By placing an order, the Purchaser acknowledges being at least eighteen years old or holding parental authorization allowing him/her to place an order on the Site to engage under these General Conditions of Sale. The agreement of the Buyer concerning the content of these General Sale Conditions does not require a handwritten signature. The Buyer acknowledges and accept them without reservation.
Article 1: Product offer
1.1 - Our offers of Products, Services and prices are valid throughout the period when they appear online on the Site, and within the limits of available stocks, with specific terms and conditions for Products made on demand or Products offered with customization. The Goods offered for sale by REMEMBER PROVENCE on the Site comply with the applicable legislation and standards in France and Europe.
1.2 - Products made on demand - Manufacturing time
These are Products offered on the Site that are not in stock, but may be made to order, or may be customizable. Their special status is indicated in the product page. For any order of one or more of these Products on the Site, the Artisan manufacturer, supplier of REMEMBER PROVENCE, decides to follow up the order or not, because he/she is the only person to master the technical constraints of realization, and thus the feasibility and manufacturing times.
1.3 - Purchases for professional use
In the event of a purchase made for a professional use, the Buyer ought to assess the compatibility of the characteristics of the Products with the intended use. Our Site can not be held responsible for any prejudice whatsoever resulting from professional use of the Products.
Article 2: Price
2.1 - The prices of our Products are indicated on each page Product of the Site in euros (€), or in other currencies all taxes included for individuals and excluding taxes for professionals, excluding delivery charges. The options available on a Product page may include price changes if the visitor selects them. In this case, the new price is displayed depending on the options chosen. Shipping costs are indicative as and when the User chooses products. Their total amount is indicated at the end of the ordering process and depends in particular on the delivery address.
2.2 - At any time, REMEMBER PROVENCE reserves the right to modify its prices on the Site. The Products will be invoiced according to the current price when ordering, and displayed on each Product page.
2.3 - All orders are payable in euros (€), including orders from countries outside the Euro area. Prices posted on the Site in other currencies are provided for information only, and are not contractual. Only the prices in euros at the time of the order are used as a basis for calculating the amount to be paid by the Buyer. The exchange rates used by the Site are updated once a day. Payments made by Buyers in a currency outside the Euro area will automatically be converted into Euros (€) at the exchange rate in effect on the day of the bank transaction, which may be different from the real-time exchange rate, due to an offset update.
2.4 - In case of an order from a country other than metropolitan France, the Buyer is deemed to be the importer of the product (s) concerned. For all products shipped outside the European Union and the French Overseas Territories, the price will be automatically calculated and will be quoted "VAT exempt" on the invoice.
Customs duties, other local taxes, import duties or state taxes may be payable. These rights and sums are not the responsibility of REMEMBER PROVENCE. They will be the sole responsibility of the Buyer and are his/her sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of his/her country.
In addition, it is the Purchaser's responsibility (and it is strongly recommended) to check with the local authorities the possibilities of importing or using the Products he/she intends to purchase. REMEMBER PROVENCE can not be held responsible if the Buyer does not respect the legislation of the country where he/she has introduced the Products.
2.5 - The Products remain the full and entire property of REMEMBER PROVENCE until full payment of the price.
Article 3: Orders on the site www.remember-provence.com
3.1 - Placing an order
The User has the opportunity to place an online order on the Site after adding the items (Products or Services) that he wishes to purchase to the cart. There are two possibilities:
1) Place an order as a guest. In this case, the User must still provide a minimum of information concerning his identity (last name, first name), his/her postal address, his/her e-mail address and his/her telephone number. This information is essential to be able to reach the Buyer and inform him/her about the order and make the delivery.
2) Place an order after identifying on the Site. This action assumes that the User has previously created an account.
3.2 - Creating a customer account
Creating an account is possible on any page of the Site, before adding products to the cart, by clicking on the button "Sign in" located at the top right of the screen. The User can also create an account during the order confirmation process. He/she must enter his identity information, telephone and postal details, as well as a password that he/she chooses to be able to access his account again later.
In addition, the User has the opportunity to log in with his/her PayPal, Google or Facebook credentials without having to fill out a personal information form.
REMEMBER PROVENCE declines any responsibility in the event of any loss of the information accessible in the User's Personal account. The User must save a copy of it and can not claim any compensation in this loss.
REMEMBER PROVENCE recommends that Users verify the information provided is true, complete and not erroneous. The User is solely responsible for the information entered when creating his/her account. Any entry error and its consequences on the processing of an order does not engage the responsibility of REMEMBER PROVENCE. In the event of an incorrect postal address, any redirection of the order will be at the exclusive expense of the Buyer.
3.3 - Security and confidentiality of personal data
3.4 - REMEMBER PROVENCE reserves the right to cancel or refuse any order from a User with whom there is a dispute of any kind whatsoever.
3.5 - REMEMBER PROVENCE keeps orders, invoices and payment data in its secure computer archives that can be provided as proof.
Article 4: Payment of purchases
4.1 - Settlement methods accepted
The Buyer has several choices for payment on the Site. The Buyer registered as a Professional Member has all the payment methods available on the Site for the general public, plus the non-automated online bank transfer. Payment by check is not accepted. Here are the methods of payment offered on the site www.remember-provence.com:
- Credit Cards via STRIPE: VISA, Discover, Mastercard, American Express, JCB, International Diners Club
- Apple Pay
- Bank transfer only for business customers.
Bank transfer fees are the responsibility of the Customer. The order can be processed as soon as REMEMBER PROVENCE has obtained confirmation of receipt of the transfer from its bank but can not do so before this confirmation.
4.2 - Payment of the price
The full price of the Product(s) must be paid at the time of order. The amounts collected by REMEMBER PROVENCE can not be considered as a deposit. Payment will be recognized done when the sums will be credited on its bank account. An order will be considered paid when the Buyer has paid the full price of the Products ordered and its participation in the shipping costs.
REMEMBER PROVENCE has the right to refuse delivery or to honor an order if the order is not paid in full.
Article 5: Securing
REMEMBER PROVENCE uses the HTTPS protocol (present at the top left of the navigation bar) which ensures the integrity, security and confidentiality of data when transferring information between the User's computer and the Site. The User can browse the Site without any concern for spying or hacking his/her data.
The payment on REMEMBER PROVENCE is also completely secure. On the one hand, all the information communicated by the Buyer during the payment is protected and encrypted by the SSL (Secure Sockets Layer) protocol. On the other hand, whatever the means of payment used, REMEMBER PROVENCE has, at no time, knowledge of the banking data of the User and they are never registered on the Site.
REMEMBER PROVENCE uses the experience of specialized partners (PayPal, Stripe) in the field of secure payment who have the responsibility and recognized skills to carry out financial exchanges between the User and the Site. For more information, visit the "Secure Payment" page.
REMEMBER PROVENCE strictly adheres to the laws in the processing of the personal data of its Users.
In all cases, REMEMBER PROVENCE only collects personal information for the purpose of certain services offered by the Site. None of Users' personal information is published without their knowledge, exchanged, transferred, assigned or sold on any support to third parties. For more detail, read our data protection policy.
Article 6: Order validation
The order is valid only if the Buyer declares to have read and accepted these Terms and Conditions of Sale before placing an order. Technically, completing an order without having checked the acceptance of the present Conditions is impossible on the Site. Consequently, the acceptance of these General Terms and Conditions of Sale is deemed to be fulfilled once the Buyer has completed the payment order process on the Site.
As soon as the order is validated on the Site, a confirmation e-mail is sent to the Buyer, to the e-mail address indicated in his/her account or during the order process for purchases as a guest. The invoice corresponding to the order is sent as an attachment to the email message. Once the order has been delivered, the Buyer can evaluate the transaction through the evaluation system available on the Site.
Article 7: Availability of products
Two cases may occur.
7.1 - If REMEMBER PROVENCE has the Product (s) in stock, our company will try to minimize the delivery time, which will depend on the geographical area of the delivery address and the carrier chosen by the customer (see article 8 Delivery & deadlines).
7.2 - If the product(s) is(are) not in stock (in particular products manufactured on demand or customized), REMEMBER PROVENCE undertakes to inform the Buyer by e-mail of the manufacturing time within 48 hours. Only the Artisan can decide on a time of manufacture.
Note: Specificity of made-on-demand or custom products
REMEMBER PROVENCE draws the attention of the visitors to the authentic character and the hand-made or even entirely manual making of the Products offered for sale on the site. Custom-made products listed in the catalog are not reproducible in the same way as industrial products. Every piece, every item is unique. Each Artisan or Maker carries out his/her creations according to his/her own specifications and uses the ingredients, tools and techniques that he considers the most appropriate and that he has experienced during the exercise of his profession. By purchasing a craft Product, the Customer must accept the expectation of a hand-made or "slow-made" production, that is to say, carried out patiently by a creator concerned about the quality of the Product and the pleasure that it will provide to the user.
Article 8: Delivery & deadlines
8.1 - Delivery Process
Delivery of an order is made by handing over the goods to a carrier. The products are delivered to the delivery address that the Buyer has indicated during the ordering process. The delivery must be understood in a mailbox, in front of a house, at a building entrance (the delivery man is not authorized to enter inside a property) or in a relay point. Access must be possible by road and accessible to delivery vehicles (trucks and carriers). If a delivery can not be made for this reason, the return transport costs will be billed to the Customer.
In case of absence, a notice will be delivered in his/her mailbox. Then the Buyer has a period of ten days to recover his goods according to the mode of transport chosen. After this period the parcel will be returned to REMEMBER PROVENCE. The Buyer must then contact REMEMBER PROVENCE to set up a new delivery of his/her package. The costs of return and reshipment will be at his/her expense. The postage / return postage will then be calculated on the basis of postage paid on the initial order.
8.2 - Transportation
For the delivery of orders, REMEMBER PROVENCE is associated with recognized transport professionals who ensure delivery in more than 100 countries worldwide and a quality of delivery at an optimized cost. This also allows us to offer, for each order and in most cases, several carriers with different rates and delivery times to give the buyer a large decision latitude according to his/her priorities.
Possible delivery methods are:
- At the address indicated by the Buyer as standard delivery,
- At the address indicated by the Buyer in express delivery,
- At the point of withdrawal chosen by the Buyer.
We pay special attention to the packaging and protection of items during transport. The dimensions of the boxes as well as the cushioning and padding material are adapted to each article and each shipment. Additional attention is paid to fragile items by using individual packs for each piece and overall packaging for the set (double pack).
8.3 - Shipping costs
The shipping costs include the handling cost as well as the transportation costs, to which may be added a gift packing option of the Buyer. Shipping costs vary depending on the total weight of the package.
REMEMBER PROVENCE therefore recommends grouping all items in a single order. We can not combine two orders placed separately and shipping charges apply to each of them.
These fees do not include any regulatory fees and / or taxes in the country of delivery. These remain the responsibility of the Buyer.
8.4 - Deadlines
The delivery time is only indicative; the deadlines indicated on the Site are average deadlines usually recorded and correspond to the time of processing orders, to which are added the shipping time of carriers. Consequently, the deadlines applicable in that case start the day of receipt of the payment and its collection, and not necessarily the day of placing the order.
In addition, these delivery times do not take into account the anti-fraud controls and / or the requests for supporting documents that can sometimes be requested, in customs in particular. From the day of validation of the order, the indicative time for reception of the parcel (in working days: Monday to Saturday) varies according to the address of delivery.
Delivery times differ according to two cases related to the type of order:
1 - For orders of Products in stock, the generally observed necessary times are as follows:
- metropolitan France, 2 to 5 days.
- Europe, 3 to 7 days.
- North America, 5 to 10 days.
- Africa and the Middle East, 5 to 10 days.
- South America, Asia and Oceania, 7 to 15 days.
2 - For Products out of stock, and Products manufactured on demand, or to customize:
Either the time needed by the maker to resupply REMEMBER PROVENCE, or the time required to manufacture the product are added to the above deadlines. It is specified that only the Artisan determines the time of manufacture. This can be subject to variation depending on technical or climatic hazards that are difficult to control when it is about crafts.
8.5 - Order tracking
As soon as the order leaves our warehouse, we send an email to the Buyer confirming the shipment of his/her package with a tracking link to track delivery on the carrier's website. This tracking is also possible from the customer account in the tab "My orders" by selecting the order concerned: there is the same tracking link.
In case of delay or any other problem in the delivery of the package, the Buyer must get in touch with our Customer Service who will help to remedy it as soon as possible. We strive to provide the carrier with all relevant documents and information so that the delivery of the package is done in the best conditions and as quickly as possible.
This is why, in the vast majority of cases, our shipments do not encounter any problem. However, the importation of a good remains a sovereign decision of the country of destination. If there is any doubt, we recommend that the Buyer inquire to the customs services of this country in order to know their import conditions for the desire items, any customs consequences remaining his/her responsibility.8.6 - REMEMBER PROVENCE can not be held responsible for the breach of the contract concluded with the Buyer in case of:
- Out of stock or unavailability of the Product.
- In case of force majeure, disruption or total strike including postal services and means of transport, communication, flood, fire.
When the User orders multiple Products at the same time and they have different shipping times, the order shipping time is based on the longest time.
8.7 - Receipt of the order
The Buyer will receive his/her order (excluding virtual products) in a closed and solid package. The sender will be referred to as: SAS REMEMBER PROVENCE on the delivery slip.
The merchandise travels at the risk and peril of the recipient. Even if we work with reputable carriers for the quality of their services, an incident is always possible. This is the reason why we ensure all our shipments, provided that the Customer meets his/her obligations. Any anomaly on the external appearance of the package, opened or damaged cardboard upon delivery, must imperatively be the subject of reservations on the delivery receipt for all subsequent claims.
8.8 - Obligations of the Buyer upon receipt
The goods travel at the risk and peril of the Customer to whom it belongs to check the good condition at the time of delivery. To be re-delivered, refunded or compensated, the Buyer must respect the following steps when receiving the package:
- Be present at the reception of the parcel (or a person chosen to represent the Buyer),
- Open and carefully inspect the package and its contents in presence of the carrier to ensure that the goods are undamaged. The carrier has the obligation to allow time for unpacking the products for their verification. This check must cover references, quantities, quality, as well as compliance with the order.
- Have all remarks and possible reservations recorded by you or the carrier before signing the delivery slip. Take pictures if necessary.
- Simply reject the delivery if the carrier has irreparably damaged the goods.
By way of example, mention may be made of "missing one item", "two broken pieces", "opened parcel, absence of goods", "parcel refused because of deteriorated goods". Please, never mention that the package is apparently in good condition. As soon as the delivery note is signed without remarks or reservations, the carrier considers the merchandise as accepted by the recipient, and it is too late to claim. REMEMBER PROVENCE recommends to customers to note precisely any anomaly. No claim will be admissible if the delivery note has been signed without express reservations by the Customer. In this case, no exchange or refund can be made.
8.9 - In case of damaged parcel
For a delivery in France, Article L.133-3 of the Commercial Code requires the recipient of a package a period of 72 hours (3 working days) following receipt to make a complaint by registered letter with acknowledgment of receipt, after have made precise and complete reservations on the carrier's delivery note.
If the Product(s) are damaged, the Customer (French or foreign) has two possibilities:
- Either accept the parcel with reservations on the delivery note: for any subsequent return the costs will remain the responsibility of the Customer. If the products are kept by the Customer, it is essential to keep the items in the state in which they were delivered (accessories, notices, packaging and overpacks included).
- Either refuse the package with mention of refusal and reservations on the delivery note. In this case, the carrier must return the package to REMEMBER PROVENCE.
8.10 - Delayed delivery
In case of late delivery, the Buyer must notify us of any delay of one week compared to the average delivery time found, to allow us to investigate with the carrier. If the product is found in the meantime, it will be rerouted immediately to the delivery address. If however the product is not found at the end of the investigation period, the package is considered lost. In that case, REMEMBER PROVENCE will return a replacement Product, at its expense.
If the period of 30 days is exceeded by more than 7 days, except in case of force majeure, the Customer has the option to cancel the order and to be reimbursed; then he/she must send an email to the Customer Service within 60 working days from the scheduled delivery date.
In any case, REMEMBER PROVENCE is released from any responsibility for delivery in case of force majeure or events such as lockouts, strikes, total or partial work stoppage in the Manufacturer's workshop or at its suppliers, fire, flood, epidemic, war, requisition, interruption, strike or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods. REMEMBER PROVENCE will inform the Buyer of the occurrence of a case of force majeure as soon as possible.
In any case, the delivery can only take place if the Buyer is up to date with his/her obligations towards REMEMBER PROVENCE whatever the cause.
Article 9: Conformity of products
The Products offered on the site www.remember-provence.com, comply with the applicable French and European Union legislation and standards. The responsibility of REMEMBER PROVENCE can not be held liable for non-compliance of the Products offered on the Site in countries other than those of the European Union.
9.1 - Products Characteristics
All the features of the Products provided on the Site are for information only. REMEMBER PROVENCE reserves the right to modify at any time a part of the characteristics of a Product without changing its essential characteristics, even after an order placed. The dimensions, weights, colors, decorations, finishes, in particular those of Products entirely handmade, are given as an indication. They may vary with a tolerance of plus or minus 10% without the responsibility of REMEMBER PROVENCE being incurred.
9.2 - Products Photos
All photos of Products offered on www.remember-provence.com are not contractual and do not engage the responsibility of REMEMBER PROVENCE. They are provided solely to give the User a realistic overview of one example of the Product. However, as to objects made by traditional methods, two copies of the same Product manufactured at different times may differ slightly in appearance. Two same Products are never completely identical.
Article 10: Legal guarantee of conformity
The Products supplied by REMEMBER PROVENCE benefit, in accordance with the legal provisions, from the legal guarantee of conformity (article L.217-4 to L.217-14 of the Consumer Code), from the legal guarantee against latent defects (articles 1641 to 1649 of the French Civil Code) arising from defects in material, design or workmanship affecting the delivered Products and rendering them unfit for use. In the event of the legal guarantee being put into play, it is reminded that the Customer must act within a short time from the discovery of the hidden defect (article 1648 of the civil code) and provide proof of the existence of the defect.
The warranty runs from the date of delivery. Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Buyer, as in case of normal wear of the property, accident or force majeure and the warranty of REMEMBER PROVENCE is limited to replacement or refund of non-compliant or defective products. The warranty does not cover the normal wear of a product. Failures caused by negligence, deterioration or improper use are generally not covered by the manufacturer's warranty. The guarantee is strictly limited to the conformity of the deliveries with the specifications of the Goods indicated at the time of the sale.
The Buyer is responsible for ensuring, before use, that the delivered Goods correspond to the order. No claim can be made after the implementation of the Goods or if the requirements relating to the protection and conservation thereof have not been observed. If the claim is justified, the defective merchandise will be replaced by an equivalent quantity, but in no case may REMEMBER PROVENCE's liability be otherwise sought. The products sold on the Site comply with the regulations applicable in France.
The responsibility of the Seller can not be engaged in case of non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Buyer to check. The Buyer is solely responsible for the choice of Products, their storage and use. In addition, REMEMBER PROVENCE will not be held responsible or defective for any delay or non-compliance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.
Article 11: Complaints
For any complaint, we invite Users to contact our services by connecting to our Site and by going to the "Contact" page. All claims relating to a defect in the Goods delivered, an inaccuracy in the quantities or their erroneous reference to the accepted offer or the confirmation of the order must be made within 48 hours of receipt of the Goods, without neglecting the recourse against the carrier if necessary and in accordance with Article 8, otherwise the purchaser's right to claim shall cease to be acquired.
11.1 - Request for return and acceptance
A return request must be made within 14 days from the date of delivery. Return of goods can be done by postal route only. Any return of merchandise (s) requires the prior agreement of REMEMBER PROVENCE and a return number, via the Customer’s account on the Site.
To obtain the return agreement, the Buyer must connect to the Site with his/her login to access his/her account. In the section "My orders", the Customer must open the order concerned, and select the product (s) to be returned. He/she must provide a reason for the desired return. Upon receipt of the request, REMEMBER PROVENCE will create a follow-up of the return with a number. The Customer can then print a return slip that has become available in the "Merchandise returns" section of his/her account.
The buyer has a period of 7 days after obtaining the return agreement to return the defective Goods to REMEMBER PROVENCE. The Goods must be returned with a copy of the invoice, and the return number appearing on the parcel within a maximum of 14 days after agreement return of REMEMBER PROVENCE, to the following address: REMEMBER PROVENCE - 527 chemin du Vallon des Brayes - 13880 VELAUX - FRANCE.
In the absence of a return agreement from us, the merchandise that we receive in return will be re-routed to the Customer or kept at his disposal, at his own expense, risk and peril, all costs of transport, storage, handling being at his/her charge. We therefore advise the Customer to declare the value of the Goods and to take out transport insurance.
11.2 - Routing goods back
When returning, it is recommended to over-pack the original packaging of the products, because only the returned Products in their entirety (accessories, instructions for use, etc ...) will be taken back, with their original packaging, the together must be intact and in good condition.
The sender must therefore ensure the packaging and packaging of the material he/she sends. Any incomplete, damaged product, and / or which original packaging has been damaged, will not be returned, exchanged or refunded. A copy of the invoice, as well as the delivery note and the return slip printed from the Site must be attached to the returned parcel.
11.3 - Refund or replacement
Any request for refund can only be taken into account after the arrival of the merchandise returned to REMEMBER PROVENCE according to the return procedure indicated above.
In case of return and refund request, the terms are as follows:
- Parcel returned because of the responsibility of REMEMBER PROVENCE (non-conformity, parcel not arrived ...): we refund the Product price, the sending expenses and the return expenses.
- Parcel returned due to a problem on delivery or during transport (damaged parcel, etc ...): REMEMBER PROVENCE will process the request of the Customer if all the justifications are provided (delivery with reservations, photos, etc ...). Depending on the elements, we will proceed to the reimbursement (net of processing fees) or the replacement of the deteriorated product (s).
- Package returned by the Customer within the legal period of withdrawal (14 days)(see article12): refund of the product(s). The return costs are the responsibility of the Customer. The refund or exchange assumes that the Product (s) are not damaged or incomplete.
11.4 - Payment of return costs
The reimbursement of the return costs will be made by automatic re-credit via our secure payment system depending on the payment method used by the Buyer at the time of order payment.
Article 12: Retraction period (reserved for individuals)
12.1 - General
Under the conditions provided by article L221-18 of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of 14 days from the delivery of his/her order. This right may be applicable on the Products sold or destocked. In the cases provided by law, the Customer’s order will be refunded against return of the Products delivered. We will refund all amounts paid on the product (s) object (s) of the withdrawal, with the exception of non-refundable goods or services. The deadlines begin to run the day after the receipt of the parcel by the Customer. When the period of 14 days expires on a Saturday, Sunday or a holiday, it is extended until the next working day.
12.2 - Exercise of the right of withdrawal
The Customer must write expressly his/her desire to exercise this right to REMEMBER PROVENCE. He/she can do this by sending an e-mail to the customer service without having to justify the request. The mere fact of returning the Goods or refusing delivery is not sufficient to exercise the right of withdrawal. As part of the exercise of the withdrawal period, the Goods return is made by the Customer according to the same terms described above in Article 11 of these Terms.
The Customer may request either the reimbursement of the sums collected in respect of the Product for which he/she is retracted including the delivery costs, or an exchange of an equivalent value to the sums paid or, where appropriate, with a bank supplement. This right of withdrawal is exercised without penalty.
However, the costs of perfect return remain the responsibility of the Buyer. He/she must make sure that the order for which he/she retracts is returned complete. In the event of a refund requested, REMEMBER PROVENCE will refund within 14 days of the withdrawal request, and no later than the day of recovery of the returned Products. The Customer will then be reimbursed by a re-credit system (secure transaction) or by granting a purchase order if the order has been paid thereby.
12.3 - Exceptions: personalized or perishable products
The French law excludes from the right of withdrawal goods made to personnalized specifications, or customizable goods or goods that, because of their nature, can not be reshipped, or are likely to deteriorate or expire. REMEMBER PROVENCE will not accept any retraction on these types of Products.
12.4 Sale to a professional
According to the terms of Article L. 121-22 of the Consumer Code, the right of withdrawal does not apply to sales when they relate directly to activities carried out in the context of a profession. The right to retract within 14 days is therefore reserved for private customers.
Article 13: Confidentiality
In accordance with the French law "Informatique et Libertes" n ° 78-17 of January 6, 1978, the User has a right to access and rectify data concerning him/her. He/she can exercise it by e-mail using the online contact form, or by sending a postal mail to the following address: 527 chemin du Vallon des Brayes - 13880 VELAUX - France, indicating name, first name, address and if possible customer reference, as well as a photocopy of identity documents.
In any case, REMEMBER PROVENCE only collects the User's personal information for the purpose of certain services offered by the Site. None of the personal information is published without the knowledge of the User, exchanged, transferred, assigned or sold on any support to third parties. The information and data concerning the User are necessary for the management of his/her order, to better inform and indicate the best offers reserved to the customers of REMEMBER PROVENCE.
Article 14: Liability
The responsibility of REMEMBER PROVENCE is limited to an obligation of means for all stages of access to the site www.remember-provence.com, the order process, delivery or services offered on the Site. In addition, REMEMBER PROVENCE can not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of a virus.
Article 15: Intellectual Property
www.remember-provence.com and all Content are the exclusive property of SAS REMEMBER PROVENCE. Any total or partial reproduction of the elements of the Website, blogs, e-mails, customer notices, flyers and advertising files, computer links and pages of social media associated with the Site is strictly prohibited. All texts, comments, works, images and illustrations reproduced on the Site are reserved under copyright and intellectual property.
Article 16: Validity
In the event that any of the clauses of the present contract would be null and void by a change of legislation or regulation, this can not in any way affect the validity and the respect of the other clauses of the present General Sale Conditions, and these would continue to apply.
Article 17: Duration
These Terms and Conditions of Sale may be modified at any time without notice.
Article 18: Applicable Law - Litigation
These conditions are governed by French law. Any dispute to which the order could give rise, concerning, for example, execution, interpretation, validity or cancellation will be governed on form and substance by the French law. The original language of these General Conditions of Sale is the French language, but they are also translated into English for information purposes.
The attribution of competence in the event of litigation, and in the absence of amicable agreement between the parts, is given to the Commercial Court of Salon de Provence (France) except contrary imperative rules of procedure.