GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (hereinafter “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller to non-professional and professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (« The Products ») by the Seller on the website https://domainedesaromesfrancais.com/. The Products offered for sale on the site are as follows: essential oils, hydrosols
These general conditions also govern the sale of our aromatic raw materials and derivative products as well as services such as manufacturing, agricultural support, quality control, technical development, communication (non-exhaustive list). Any order implies unreserved acceptance by the buyer of these general terms and conditions of sale.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website https://domainedesaromesfrancais.com/, which the customer is required to review before ordering.
The choice and purchase of a Product are solely the responsibility of the Customer.
Product offers are limited to available stocks, as specified when placing the order.
These GTC are accessible at any time on the website https://domainedesaromesfrancais.com/ and shall prevail over any other document.
The fact that our company does not invoke, at any given time, any of these GTC, cannot be interpreted as a waiver of the right to invoke any of these conditions at a later date.
The Customer declares that they have read and accepted these GTC by checking the box provided for this purpose before implementing the online ordering procedure on the website https://domainedesaromesfrancais.com/.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
DOMAINE DES AROMES FRANCAIS, SAS, a simplified joint-stock company
Share capital of €100,000.00
Registered in the ROMANS Commercial Register, under the number 98274817000031
333 CHEMIN RIEUX FRAIS 26110 SAINT-SAUVEUR-GOUVERNET
Email: contact@domainedesaromesfrancais.com
Telephone: +33 6 13 80 34 13
Intra-Community VAT number FR41982748170
The Products presented on the website https://domainedesaromesfrancais.com/ are offered for sale for the following territories:
France, French Overseas Departments and Territories, Belgium, Switzerland, Luxembourg, Monaco, Germany, Austria, Denmark, Netherlands, Italy, Spain, Portugal, United Kingdom, Ireland.
ARTICLE 2 – Prices applicable to online sales
The Products are supplied at the prices in effect shown on the website https://domainedesaromesfrancais.com/, when the order is recorded by the Seller.
Prices are expressed in Euros and are exclusive of tax
The prices take into account any discounts that may be granted by the Seller on the website https://domainedesaromesfrancais.com/.
These prices are fixed and not subject to revision during their validity period, but the Seller reserves the right, outside the validity period, to change the prices at any time.
The prices do not include handling, shipping, transport and delivery fees, which are charged as a supplement, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
VAT is applied in accordance with current tax regulations and depending on the Customer’s country of residence as well as their status (consumer or professional).
For individual customers located in France and in the European Union, the applicable VAT is that in force in the country of consumption.
For deliveries to overseas territories, Switzerland, the United Kingdom or any country outside the European Union, sales are made tax-free. The Customer is then considered an importer of the Products and remains solely responsible for payment of any customs duties, local taxes or import fees.
For professional Customers established in another Member State of the European Union with a valid intra-community VAT number, invoices are issued tax-free, with VAT being reverse-charged by the Customer in their State. In the absence of a valid VAT number, the applicable VAT will be invoiced in accordance with current regulations.
ARTICLE 3 – Orders placed via the website (online sales)
It is the responsibility of the Customer to select on the website https://domainedesaromesfrancais.com/ the Products they wish to order, according to the following terms:
The Customer selects the Products of their choice and adds them to their shopping cart.
At any time, they may modify the contents of the cart (quantities, removal of items) before validation.
From the cart page, the Customer reviews the summary of their order, chooses their delivery method and indicates the destination country as well as the information necessary to calculate shipping costs.
If the Customer is a business located outside France in the European Union and has a valid intra-community VAT number, they are invited to proceed to the order page to provide their complete billing information and VAT number.
This information allows automatic application of the corresponding VAT regime, in accordance with applicable tax rules (intra-community regime – VIES).
On the order page, the Customer provides:
their business billing information,
if applicable, their intra-community VAT number,
the delivery address,
and chooses their payment method.
After verification of all information and acceptance of these General Terms and Conditions of Sale, the Customer definitively validates their order.
Validation of the order constitutes irrevocable acceptance of the price, delivery terms and these GTC.
The order is then transmitted for processing and confirmation.
An order confirmation is sent to the Customer electronically.
Payment becomes due immediately upon validation of the order.
Product offers are valid as long as they are visible on the website, within the limits of available stock.
The sale shall only be considered valid after full payment of the price. It is the responsibility of the Customer to verify the accuracy of the order and to immediately report any error.
Any order placed on the website https://domainedesaromesfrancais.com/ constitutes the formation of a distance contract concluded between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment of a previous order.
The Customer may monitor the progress of their order on the website.
Any cancellation of the order by the Customer after its acceptance by the Seller shall only be possible within 14 days at the latest after acceptance of the order by the Seller and as long as delivery has not taken place (regardless of whether or not statutory withdrawal rights apply).
ARTICLE 3 Bis – Specific orders, by quotation or outside the website
Orders that are sent to our Company via the “Request for quotation” page, directly or through one of our representatives or employees, are only final subject to express written confirmation of the terms of the order by our Company.
An acknowledgment of receipt of a purchase order shall not be deemed to be a firm and final acceptance of the order; likewise the absence of a response to a purchase order shall not be deemed to be an implicit acceptance of the purchase order by our Company.
Any modification or cancellation of an order requested by the buyer may only be taken into consideration, within the limits of the Company’s capabilities and at its sole discretion, if it has been received by the Company before shipment of the products.
ARTICLE 3 Bis – Customer Area – Account
In order to place an order, the Customer is invited to create an account (personal space).
To do so, they must register by completing the form that will be presented to them at the time of their order and undertake to provide sincere and accurate information concerning their personal details and contact information, in particular their email address.
The Customer is responsible for updating the information provided. It is specified that they can modify this information by logging into their account.
To access their personal space and order history, the Customer must identify themselves using their username and password which will be communicated to them after their registration and which are strictly personal. As such, the Customer undertakes not to disclose them. Otherwise, they will remain solely responsible for any use made of them.
The Customer may also request to unsubscribe by going to the dedicated page in their personal space or by sending an email to: contact@domainedesaromesfrancais.com. This will be effective within a reasonable timeframe.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website https://domainedesaromesfrancais.com/ will have the possibility of suspending or even closing a customer’s account after notice sent electronically and remaining unanswered.
Any account deletion, regardless of the reason, results in the complete deletion of all of the Customer’s personal information.
Any event due to a force majeure event resulting in a malfunction of the website or server and subject to any interruption or modification in the event of maintenance, does not engage the liability of the Seller.
The creation of an account entails acceptance of these general terms and conditions of sale.
ARTICLE 4 – Payment Terms for Online Orders
The price is paid via a secure payment method, according to the following terms:
- payment by credit card via Visa, Mastercard, American Express (Amex), Discover, Diners Club, JCB, Bank Cards (CB), UnionPay.
- or payment by bank transfer to the Seller’s bank account (the details of which are communicated to the Customer when placing the order)
The price is payable in full by the Customer, in its entirety on the day the order is placed.
Payment data is exchanged in encrypted form using the protocol defined by the approved payment service provider Stripe, which uses Transport Layer Security (TLS) for bank transactions made on the website https://domainedesaromesfrancais.com/.
Payments made by the Customer will only be deemed final after actual receipt of the amounts owed by the Seller.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions set out above.
ARTICLE 5 – Pricing and Payment Terms Applicable to Orders on Quotation and Specific Professional Sales
Unless otherwise specified on the quotations below the items offered and except for sales in the meantime, the validity period of our price offers is 15 days.
The invoices for orders placed include a minimum billing amount of €500 (or $750 USD) per product reference ordered. For any billing line below €500, we reserve the right to invoice the difference from the minimum billing amount in the form of administrative fees.
The prices invoiced are those mentioned on the quotation or failing that on the order confirmation. Our prices will be increased by taxes or duties for which we become liable as a result of the sale and depending on the nature of the products.
The invoices for orders, unless express agreement, are payable at the latest within 30 days end of month from the date of issue of the invoice, at our registered office.
Any payment made beyond the deadline set by these Terms and Conditions and after the due date shown on the invoice may automatically result, without notice and without prejudice to any damages:
the requirement to pay late payment interest, calculated at the rate of 3 times the French legal interest rate on the total amount including tax of the price shown on the invoice;
the payment of a flat fee for collection costs in the amount of 40 euros, the Company reserving the right to request additional compensation from the buyer, upon presentation of supporting documents, if the collection costs actually incurred exceeded this amount;
the ability to suspend or cancel outstanding deliveries, without prejudice to the application of the retention of title clause.
In the case of payment by draft, the failure to return the draft will be considered a refusal to accept equivalent to non-payment. Similarly, when payment is spread over time, non-payment of a single installment will result in the immediate due date of the entire debt, without notice.
If the buyer’s economic and financial situation raises justified concerns, the company reserves the right to modify the payment terms for pending orders, by requiring guarantees or cash payment before delivery.
ARTICLE 6 – Delivery of orders placed via the website
Products ordered by the Customer will be delivered in mainland France or in the following zone(s):
France, overseas territories and departments, Belgium, Switzerland, Luxembourg, Monaco, Germany, Austria, Denmark, Netherlands, Italy, Spain, Portugal, United Kingdom, Ireland.
Deliveries will take place within 2-5 days to the address indicated by the Customer when placing the order on the website.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make every effort to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within 14 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be terminated at the written request of the Customer under the conditions provided in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded to him no later than fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
Deliveries are carried out by an independent carrier, to the address mentioned by the Customer when placing the order and to which the carrier can easily access.
The carriers likely to be used by the Seller include in particular Colissimo, Colissimo Express, Mondial Relay and DHL, for deliveries made in mainland France, overseas territories and departments, Switzerland, United Kingdom and throughout the European Union, according to the options chosen by the Customer when placing the order.
When the Customer has himself taken care to engage a carrier of his own choosing, delivery is deemed to have been completed as soon as the Products ordered are handed over by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is the responsibility of the carrier to perform the delivery and has no warranty recourse against the Seller in the event of failure to deliver the transported goods.
In the event of a special request from the Customer regarding the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to additional specific invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. He has a period of 30 days from delivery to submit complaints by email: contact@domainedesaromesfrancais, accompanied by all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller shall refund or replace within the shortest possible time and at its own expense, the Products delivered whose non-conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTC.
The transfer of risks of loss and deterioration relating thereto shall only be made when the Customer physically takes possession of the Products. The Products therefore travel at the risk and peril of the Seller unless the Customer has himself chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 Bis – Delivery of specific orders, quotation or professional orders
Delivery is made either by delivery to a carrier, or by simple notice of availability. Unless express agreement, the products shall be delivered within a maximum period of 15 business days from receipt of the order.
This period is not a strict deadline and our company shall not be liable to the buyer in the event of a late delivery.
Except in cases of force majeure or unforeseeable circumstances, as defined in article 7 hereof, or in the event of buyer fault, in case of delay exceeding 20 business days, the buyer may request the cancellation of the sale under the conditions set out in article 9 hereof. Any deposits already paid shall be refunded to him.
In case of successive deliveries, the defect or insufficiency of one delivery has no effect on the other deliveries.
Unless otherwise agreed with the buyer, the products are shipped to mainland France “CPT – Carriage Paid To” and, outside mainland France, “EXW – Ex-work” according to INCOTERMS 2020 of the International Chamber of Commerce
.
Unless expressly agreed otherwise between the parties, the products delivered always travel at the risk and peril of the buyer, regardless of the conditions of the sale, their mode of transport, the terms of shipment and their destination (France or other countries). The transfer of risks of loss and deterioration takes place upon exit from our warehouse or distillery and this regardless of the date of delivery of the products.
In case of damage or shortage, it is the sole responsibility of the buyer, in order to protect his rights against the carrier, to make any necessary findings, to confirm his reservations by registered letter with acknowledgment of receipt to the carrier within three days following receipt of the products and to exercise his recourse against the carrier alone, in accordance with articles 105 and following of the Commercial Code.
The buyer must take possession of the products without delay and at his own expense as soon as they arrive at the destination by any means of his choice.
ARTICLE 6 Bis – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer shall only be made after complete payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal for consumers
According to the terms of article L221-18 of the Consumer Code “
For contracts providing for regular delivery of goods over a defined period, the period runs from the date of receipt of the first good.”
The right of withdrawal may be exercised online, using the withdrawal form attached hereto or any other unambiguous statement expressing the intention to withdraw and in particular by post addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions…) allowing their resale in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted for return.
Products unsealed after delivery and which cannot be returned for reasons of hygiene or health protection (in particular essential oils, hydrolats, cosmetics or cleaning products) cannot be reimbursed when the sealing ring has been opened.
Return shipping costs remain the responsibility of the Customer.
The exchange (subject to availability) or the refund shall be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 7 Bis – Right of withdrawal for professionals
In accordance with the provisions of the Consumer Code, the right of withdrawal is reserved for individuals and does not apply to professional Customers contracting within the scope of their main activity.
ARTICLE 8 – Seller’s Liability – Online Sales Warranties
The Products supplied by the Seller benefit from:
- the legal warranty of conformity, for defective, damaged or impaired Products or Products not matching the order,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
« The seller is required to deliver goods conforming to the contract and is liable for defects of conformity existing at the time of delivery. The seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made the seller’s responsibility under the contract or has been carried out under the seller’s responsibility. »
Article L217-5 of the Consumer Code
« Goods are in conformity with the contract:
1° If they are fit for the normal use expected of similar goods and, where applicable:
– if they match the description given by the seller and possess the qualities presented by the seller to the buyer in the form of a sample or model;
– if they exhibit the qualities that a buyer may reasonably expect given the public statements made by the seller, the manufacturer or their representative, in particular in advertising or labeling;
2° Or if they have the characteristics agreed upon by the parties or are fit for any specific use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »
Article L217-12 of the Consumer Code
« The action resulting from a defect of conformity is time-barred after two years from the delivery of the goods. »
Article 1641 of the Civil Code.
« The seller is liable for the warranty against hidden defects in the thing sold that make it unfit for the use to which it is intended, or which so diminish such use that the buyer would not have purchased it, or would have paid less for it, if the buyer had known of them. »
Article 1648 paragraph 1 of the Civil Code
« The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
« When the buyer requests from the seller, during the course of the commercial warranty granted to him at the time of acquisition or repair of movable property, a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the remaining warranty. This period runs from the date of the buyer’s request for intervention or from the date when the goods in question are made available for repair, if this date is later than the date of the request for intervention. »
In order to assert their rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from the date of their discovery.
The Seller will refund, replace or repair the Products or parts under warranty deemed non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 10 days following the Seller’s determination of the defect of conformity or hidden defect. This refund may be made by bank transfer or bank check.
The Seller’s liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which the Customer must verify,
- in case of misuse, use for professional purposes, negligence or failure to maintain the Product on the part of the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of non-conforming Products or those affected by a defect.
Article 8 Bis – Warranties and conditions of use of products
– offline sales and quotation-based sales
The Company’s warranty is strictly limited to the replacement of products contained in the original packaging and which are recognized as not conforming to their specifications. In the case of delivery to a distributor, the Company disclaims all responsibility once the security seal of the packaging has been broken.
Any product return must be subject to formal agreement between our company and the buyer. Any product returned without such agreement shall be held at the disposal of the buyer and shall not give rise to the issuance of a credit note. No exchange or return of goods shall be made no later than one month after delivery.
The absence of reservations upon receipt of the goods by the buyer extinguishes any claim relating to apparent defects. To be taken into consideration, any other claim of any kind whatsoever must be transmitted to us in writing within 10 days following receipt of the goods, and before any use or transfer of said goods. Goods recognized as defective are accepted back or exchanged, at our discretion, excluding all damages.
ARTICLE 9 – Personal Data
The Client is informed that the collection of personal data is necessary for the sale of Products by the Seller as well as for their transmission to third parties for the purposes of delivery of the Products. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data that is collected on the website https://domainedesaromesfrancais.com/ is as follows:
Account opening
When creating a Customer/user account:
Company name
Intra-community VAT.
Payment
In connection with the payment of Products offered on the website https://domainedesaromesfrancais.com/, it records financial data relating to the Client/user’s bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the exclusive use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Client expresses explicit consent, personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will retain the data collected for a period of 5 years, covering the period of the statute of limitations for applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of transmission or storage of information on the Internet.
9.7 Exercise of rights by Clients and users
In application of the regulations applicable to personal data, the Clients and users of the website https://domainedesaromesfrancais.com/ have the following rights:
- They may update or delete data concerning them in the following manner:
The Customer may at any time request the deletion of their personal data:
either by logging into their customer account and making their request from their personal space,
or by sending a written request by email to the following address:
contact@domainedesaromesfrancais.com
To ensure data security, any request must be accompanied by information enabling identification of the account concerned (email address used when placing the order, billing information, order number if applicable).
Data deletion will be carried out within legal timeframes, subject to retention obligations imposed by applicable regulations (in particular accounting and tax obligations)..
- They can delete their account by writing to the email address indicated in article 9.3 “Data Controller”
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data Controller”
- If the personal data held by the Seller is inaccurate, they may request the update of information by writing to the address indicated in article 9.3 “Data Controller”
- They can request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 “Data Controller”
- They can also request the portability of data held by the Seller to another service provider
- Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by submitting a request by mail or by email to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In case of refusal to grant the Customer’s request, such refusal must be reasoned.
The Customer is informed that in case of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring a matter before a judicial authority.
The Customer may be invited to check a box by means of which they accept to receive informational and advertising emails from the Seller. They will always have the possibility to withdraw their consent at any time by contacting the Seller (details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual Property
The content of the website https://domainedesaromesfrancais.com/ is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute a counterfeiting offense.
ARTICLE 11 – Applicable Law – Language
These General Terms and Conditions and the transactions arising therefrom are governed by and subject to French law.
These General Terms and Conditions are drafted in French. Should they be translated into one or more foreign languages, only the French text shall prevail in case of dispute.
ARTICLE 12 – Disputes
For any complaint, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that in any event they may resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.
Any dispute relating to this contract shall be under the exclusive jurisdiction of the Commercial Court of ROMANS.
The Customer is also informed that they can also resort to the Online Dispute Resolution platform (ODR): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale transactions entered into pursuant to these T&Cs and which have not been amicably settled between the seller or through mediation shall be submitted to the competent courts under the conditions of common law.
ANNEX I
Withdrawal Form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://domainedesaromesfrancais.com/ except for exclusions or limitations on the exercise of the right to withdrawal as set out in the applicable General Terms and Conditions of Sale.
To the attention of SAS, simplified joint-stock company, DOMAINE DES AROMES FRANCAIS
333 CHEMIN RIEUX FRAIS 26110 SAINT-SAUVEUR-GOUVERNET
I hereby notify the withdrawal from the contract relating to the goods set out below:
– Order placed on (indicate the date)
– Order number: …………………………………………………………………
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..
Signature of the Customer (only in the event of notification of this form in paper form)