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Terms and Conditions
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Website

Company

Our site www.franceofgastronomy.fr is managed by France of Gastronomy.
- France of Gastronomy
- Statute company: private limited company
- Capital: 1000 euros
- Siren: 752 377 416 Code APE 4791A
- Intracommunity Number of VAT: FR72.752.377.416
- Rate: 20% (and 5.5%)
- Address of the head office: 34 chemin du Perrat 71000 Loché, France
- Address e-mail: franceofgastronomy@yahoo.fr
- The directors of the publication are Stéphane Réty and Mickaël Paul, as Company founders of France of Gastronomy.
- The person in charge of the processing is Mickaël Paul, as Director manager.
- All our sites are hosted on the servers of Shop-Application.
 
Statute of the links and the contents
External links
The links present on the website (direct links, permalinks, links partners…) redirect the user towards sites of which contents and placed under the responsibility of the editors of the aforesaid sites. In no case, France of Gastronomy cannot be held responsible for the contents of these sites. As we particularly attach importance to the admissibility of the contents of the sites towards which our links send you, we ask you to inform us about content which you seem illegal on the sites to which links have been implemented.
Contents
The contents of the sites published by France of Gastronomy were elaborate with the greatest care. For this reason, no illegal contents or libelous are diffused on them. Moreover, they have no character which can be regarded as “misleading publicity” within the meaning of articles 121-1 and following of the Code of Consumption.
 
Publicities on the sites
Publicities can be presented on our sites. Those can come from offsite sources ( external platforms of management of affiliation, Google® ads…) or being managed by our own advertizing agency. France of Gastronomy cannot be held responsible for person in charge of the “misleading or aggressive” character of publicities coming from offsite sources.
Concerning publicities governed by France of Gastronomy, this one will reserve the right to not diffuse publicity presenting an obviously misleading character within the meaning of articles 121-1 and following of the Code of Consumption.
 
Data processing and Freedoms
In accordance with recommendation 2005-284 of the CNIL, this website has not made the object of a declaration as such. However, all the data processing present or to come concerning the aforementioned site was or will be declared with the CNIL.
The above-named processing are in conformity with the NS48 of the 6/7/2005 edited by the National commission of Data Processing and Freedoms (CNIL). You can find the complete characteristics by consulting our heading “data protection”.
In accordance with articles 38 and 40 of law 2004-801 of the 8/6/2004, you have an access right, correction, suppression of the data concerning you.
This right can be exerted on line by addressing an e-mail to the address of contact@franceofgastronomy.com or by mail to the following address:
France of Gastronomy
34 chemin du Perrat
71000 Loché, France
 
Intellectual property
- All components of the skeleton of the site ( photographs, images, logos, animations flash®, elements modelled…), as well as the technological elements (software creations, back office of administration, proposed services…) are protected by the Copyright and are the exclusive property their respective authors.
- The site's contents (texts, items…) are the exclusive property of their authors and cannot be reproduced nor exploited without the agreement of those. France of Gastronomy authorizes only the reproduction of extracts of its items via flows RSS present on its sites. In accordance with the provisions of the item L. 122-4 of the Statute book of the intellectual property, any reproduction of contents partial or total of the site is prohibited, whatever its form (reproduction, overlap, diffusion, techniques of the “inline linking” and the “framing”…). The direct links established to downloadable files (whatever their format) present on our site are also prohibited. 
If you wish to establish a link with our site or its contents, and before very installation of this one, please contact France of Gastronomy.
- The texts present coming from offsite sources were reproduced with the implicit or explicit agreement their respective authors. For this reason, mention is made on the site of the respective sources and authors.
 
Customer service
The customer service of France of Gastronomy is reachable only by electronic way (e-mail), with the franceofgastronomy@yahoo.fr address.
Taking into account a large number of received e-mails, the requests are classified and treated in order of priorities. Thus, a nonurgent e-mail is treated within a 4 days maximum delay of working.
 
 
 
Data protection of the www.franceofgastronomy.fr site
Administration of the sites
The site that you currently visit www.franceofgastronomy.fr is managed from our place of business located in France.
 
Data protection policy
The recipients of your personal data are, if necessary, our suppliers of means of payment or security of the payments, our delivery providers, our business partners. If that is required by the law, your assent is collected or a possibility of refusal is arranged to you before any data transmission. 
If you choose to subscribe to the refund guarantee, your personal data will be transmitted to the company Trusted Shops. You will find more details in the policy of protection of personal data of Trusted Shops (www.trustedshops.fr/marchands/mentions-legales.html).
 
Statute of the links
The specific practices described in this statement of policy of the private life relate to only the above-mentioned website. External links of other bodies/entities dependant on France of Gastronomy can be present on our sites for editorial purposes, of partnership, publicity, payment ..... We draw your attention to the fact that we are not responsible for the policy of the private life and the contents of the external sites.
For this reason, we recommend to you to examine the statements of policy of the private life of the other bodies/entities when you visit to them site internet. We try despite everything to do the utmost to study prior to any collaboration the contents of the sites of our partners and advertisers.
 
Specifications on the use and the data collection (automatically consigned information)
It is possible for you to consult our website without revealing information in personal matter. However, certain services which you use require the collection and the conservation of a certain number of automatically recognized elements. The collection of these data is done by means of cookies, intended to improve our services, and being able to also be used with the establishment as statistics. A cookie is a data element sent on your browser from a website and which is recorded on your hard drive.
Cookies are present in private spaces of our sites (if the user registered there); they are used to record the password of the visitor so that it does not have to seize again it at each new visit. These cookies can understand following information:
- IP address
- Certain categories requested at the time of an inscription: Pseudonym, Name, First name, Email address, Birth date ...............
- If the user has checked the box “to retain the identifier and the password”, these two elements are coded and added to the “cookie”.
- If a registered user in one of our private spaces returns onsite without being identified, the elements registered in the “cookie” make it possible to recognize it (except if he has erased the cookies manually, in which case the server will generate a new cookie automatically).
We inform you that you can be opposed to the booking of “cookies” by configuring your browser. To know the approach to be followed according to the browser that you use, please consult the heading of assistance of this one.
 
The collect and use of the data provided voluntarily
It is not essential to be registered on our site. You can consult this one even if you do not wish to register you or provide private information, but in this case, you will not be able to buy on line, to receive news bulletins by e-mail, or to contact us by electronic way. We respect your will, and will never collect data in personal matter concerning you without your explicit agreement.
If we collect data that you communicate to us at the time of the creation of your private spaces, in the setting of purchase orders, surveys, contest or other paper forms, as in the e-mails that you send to us, we can extract from the anonymous data elements and combine them with others.
This information, which can be used and analyzed only in aggregate form, is useful for us to better understand some tendencies and some usage profiles. They are never treated individually. If you do not wish that the related information with your transaction be used in this manner, you can either deactivate your cookies or stop the inscription on the level of the request.
All the processing of data concerning our customers and our prospective customers using our website is in conformity with the Simplified Standard N°48 of the 6/7/2005 edited by the CNIL. 
 
Data protection of the minors 
The use of our site is reserved to the major people. Any data collection being able to be carried out near of the minors must be the object of information of the parental authority, which has the ability to be opposed to any processing relating to the aforementioned data.
However, all the holder of parental authority can, under its responsibility, to propose the use of our site and the associated services to his minor child.
 
Free choice of the visitor
We collect personal data if they are provided voluntarily when you to use our services. You can choose to create a space deprived on our sites, to receive promotional mails or of information marketing of ourselves or our partners by choosing the options wished at the time of your inscription.
All our inscriptions respect the principle of Opt-In assets or the Double Opt-In and always require a voluntary share of your part. If you choose to register, to make an order, information which you provide will be accessible to staff our entities, as with the competent third parties which will use it in the setting of the management of events.
If you do not wish any more to receive promotional information or information marketing of our part or from our partners, you just need to write us an e-mail as mentioned in the heading “legal mentions” or by using the link to désinscription provided to bottom of each newsletter.
We also provide you several ways to contact us in order to exert your rights or to express your will to transmit data to us to personal character (for example, nonexhaustive list):
- By notching a box towards your site where the data are collected (Opt-in assets)
- By confirming a voluntary share by e-mail (double Opt-In)
- While proceeding to a purchase order in accordance with the provisions of the LCEN
- By sending an e-mail
- By sending a postal mail
 
Privacy and security
Our concern is to preserve the quality and the integrity of your private information. The technologies as well as the security policies applied by ourselves and our technical people receiving benefits make it possible to protect the personal information from our users against any unauthorized access, any unsuitable use, any deterioration, any malevolent or accidental destruction and any involuntary loss of data.
We unceasingly improve our procedures of security with the evolution of technologies in order to maintain a level of protection maximum. On our site, the transmission of your following personal information is protected according to various protocols guaranteeing more the high degree of protection in adequacy with existing technology and the category of transmitted data in personal matter:
Category 1: personal information primary (name, e-mail, coordinated….)
Category 2: other personal information of profile (description, leisures, tastes….)
Category 3: identifiers (credit card number, identifiers of private space….)
All our authorized employees, subcontractors and third parties who have access to information or are associated with their processing are held to respect the privacy of data personal of our visitors, customers and prospects.
We guarantee that your personal information will not be communicated at institutions or governmental authorities, except in the cases envisaged by the law or the regulation.
 
Contact 
For any question concerning our policy of data protection, thank you to contact us by one of the means put at your disposal in our heading “legal mentions”. 
 
 
 
Terms & conditions of the site www.franceofgastronomy.fr
 
France of Gastronomy manages a website of E-trade making it possible to the consumers to buy its products directly on the Net by connecting to www.franceofgastronomy.fr
 
Preamble 
You currently are connected onsite managed by France of Gastronomy. The purpose of this document is to inform you on France of Gastronomy and its general terms of trade in line (Contractual Conditions).
You must attentively read the provisions which will follow, because they constitute an electronic contract establishing the general terms of trade of the electronic shop of France of Gastronomy.
The “checkbox” that you will execute after having filled your paper form with purchase order constitute the validation of this one and will be worth irrevocable acceptance of these Contractual Conditions when your purchase order is validated.
Consequently, you can order products and/or services only if you accept all the conditions envisaged below.
The Net surfer (natural person having the ability to contract) and France of Gastronomy are called hereafter “the parts”, and individually “the part”.
 
Definitions
In this contract, each expression mentioned below will get along within the meaning of its definition, namely:
- “the company”: France of Gastronomy
- “remote contract”: any contract concerning the purchase order of products and/or services concluded between the company (*) and a customer (*) in setting from a system of trade or performances of service remotely organized by the company (*) which, for this contract, uses exclusively the Internet network until the contract signature, including the contract signature itself.
- “customer”: any natural person who, in this contract, acts on a particular title or like representative of a legal person and who has the right to contract.
- “order form”: document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by a  “checkbox” that you will execute after having filled your paper form with purchase order constitute the validation of this one and will be worth irrevocable acceptance of these Contractual Conditions when your purchase order is validated.” (*) for engage himself.
- “purchase order”: act by which the customer agrees to buy products and/or services and the company (*) to deliver them and/or to provide them to him.
- “product”: property sold or abundant service by the company.
- “checkbox”: reiteration of the validation of the Order form by the customer. An order form filled and validated for the first time is never taken into account without the confirmation of the customer. This confirmation can be carried out by the means of a checkbox carrying Contractuelles acceptance of terms, or of a message of confirmation of order.
 
Company
Name: France of Gastronomy
- Statute: private limited company
- Capital: 1000 euros
- Siren: FR72.752.377.416
- Intracommunity Number of VAT: FR72.752.377.416
- Rate: 20% (and 5.5%)
- Address of the head office: 34 chemin du Perrat 71000 Loché
- Address e-mail: franceofgastronomy@yahoo.fr
 
Acceptance of General Conditions of Trade
At the time of his inscription at France of Gastronomy, the customer chooses a name of account and a personal password who will allow him thereafter to place his orders on the site. 
The customer will have imperatively to preserve the privacy of his name of account and his password in order to avoid any use not - authorized by a third party.
The customer is informed, that in the event of disclosure of his password to a third party, it will be responsible for all the violations of these general terms of trade made by this last. 
Any order placed by the means of the password of the customer is deemed to be made by this last. 
By validating his inscription at France of Gastronomy and each passage of onsite purchase order, the customer declares and admits, consequently, having read, having understood and having accepted without reserve the present conditions general of trade. 
France of Gastronomy reserves the right to modify in whole or part and constantly the present conditions general of trade under reserve to reveale these changes on the site. 
It thus belongs to the customer to regularly refer to the last version of the general terms of trade. In the event of non-observance of these general terms of trade, France of Gastronomy reserves the right, without any allowance nor notice, to suspend or close the account of the customer and to refuse to him for the future the access to whole or part of the site. The Customer admits having taken knowledge, at the time of the placing of order, the particular conditions of trade stated on screen and specific to each product of the Purchase order (name, price, components, weight, quantity, characteristics of the products), and expressly states to accept them without reserve.  The Customer also admits having taken knowledge and accepted the contractual amount related with the delivery charge.
France of Gastronomy does not communicate to third parties the personal information collected on the customer.
 
Object
This contract is an electronic contract of distance selling which has the aim of defining the rights and the obligations of the parts in setting of the product sales suggested by France of Gastronomy. In this sense, it is in conformity with the French regulation into force, namely:
- Law 2004-575 known as Law for confidence in the digital economy.
- Law 2008-3 of January 3rd, 2008 for the development of competition to the service of the consumers.
- Recommendation n°07-02 of the Commission of the abusive clauses, relating to the chattel sale contracts concluded by internet
It is also in conformity with the recommendations of OECD in the estate of the e-commerce.
 
Obligations of the parts 
Obligations of France of Gastronomy: France of Gastronomy is engaged in the event of acceptance of a purchase order and after regulation, to sell and make deliver, by a carrier, the parcels ordered by its customer. 
Obligations of the customer: The customer commits to indicate to France of Gastronomy a correct address and complete to which the delivery can be carried out during the worked days and hours. At the time of his inscription, the customer commits to provide exact personal information to France of Gastronomy.
 
Protection of the minors
Our company particularly attaches importance to the protection of the minors in the setting of his marketing activity on line. Although the minors can act alone only in case that the law or the use authorizes them to act alone (Article 389-3 C. civ.), and this in particular for purchases of low value, it appears essential to us to try by any way to check that the customer has the capacity to contract.
For this purpose, it is possible that we ask to any customer passing order on our site to justify its capacitance to contract, this in the respect of the obligations related to amended Law 78-17.
If a purchase would be carried out by a person who has not the legal capacity to contract, we advise to the legal representatives of this one to make rescind (to cancel) the sale under the terms of article 1305 of the Civil code.
For the alcoholized products, the customer commits to have 18 years old completed at the time of his purchase order.
 

Integration of the Trusted Shops Trustbadge
Following an order, the Trusted Shops Trustbadge is incorporated into this web page in order to display our Trusted Shops trustmark for buyers and the eventually collected reviews, as well as the Trusted Shops product offer.
In balancing the various interests, this serves to safeguard our legitimate prevailing interests in an optimised marketing of our offer. The trustbadge and the services advertised are an offer of Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Köln.
Whenever a trustbadge is called up, the web server automatically stores a so-called server log file which contains, for example, your IP address, the date and time of retrieval, the data volume transferred and the requesting provider (access data), and documents the retrieval. This access data will not be evaluated and will be automatically overwritten seven days after your visit to the page.
Other personal information will only be transferred to Trusted Shops if you decide, after completing an order, to use Trusted Shops products or have already registered for their use. In this case, the contractual agreement between you and Trusted Shops applies.

 
Products
The offered products by France of Gastronomy are presented onsite in language French. On a purely informative basis, the languages English, German, Italian and Spanish are also onsite to support a better comprehension on behalf of the customers of the European Community. Any citizen from the European Community and from countries respecting the directive 95/46/CE cannot put forward its linguistic ignorance as the cancellation clause of the contract.
The offered products on sale direct by France of Gastronomy are those which appear onsite www.franceofgastronomy.fr, on the day of the consultation of the aforesaid site by the Net surfer, and within the limit of the inventories available.
The illustrations presented onsite are the reflection of the products on sale on this one, except in the restrictive cases inherent in the technical features of the Internet (resolution and colors of the screen of the Net surfer….).
Because of the specificity of the Internet network, the company does not guarantee on its site the availability of all the products in real time. In the case of temporary or final unavailability of the one of the products, the company will inform of it the Net surfers by the means of his site or the sending of an e-mail at an address valid e-mail provided by the customer. Then, the company will propose you the replacement of the product ordered by an equivalent product (quality and price), or credit, or to exert your right of resolution (cancellation of your purchase order).
 
Price
The prices of the products can be modified constantly by the company, except for any sale of a product concluded for the price displayed on www.franceofgastronomy.fr.
In the event of obvious typographical error, leading to the display of a “false price”, the sale could be cancelled, as mentioned with the item “Command execution”.
The prices mentioned are in Euros (€), presented price Nets and include the expenses related to the order processing, of handling and packing.
The tariffs of delivery are the responsibility of the customer, except contrary clauses stipulated during the process of purchase order. The various options of delivery (accompanied by their tariffs), are presented during the process of purchase order and are specified at the time of the summary of this one.
The payment of the totality of the price must be carried out at the latest with the purchase order of the products, except contrary provision specified during the process of purchase order and mentioned on the invoice.
On the assumption of a delivery of products outside of French territory, the customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified. The Customer then commits himself to check the possibilities of importation of the products ordered with regard to the territory of the country of delivery (we can also check this point in common with the customer).
 
Order and Payment
Any purchase order signed by the Customer by a “checkbox” constitutes an irrevocable acceptance which can be reconsidered only in the cases restrictively envisaged in the present contract to the sections “Right of withdrawal” and “Command execution”. Any agreement of an estimate addressed by e-mail to the customer, and returned to France of Gastronomy with an explicit agreement also constitutes an irrevocable acceptance.
The process of purchase order is in conformity with the provisions of article 1369-5 of the Civil code.
- Any Net surfer wishing to validate his purchase order will have to be identified by filling the adequate form provided on www.franceofgastronomy.fr. This identification is done in the strict respect of Law 78-17 amended as indicated in our heading “Data protection”.
- After having checked the contents of his purchase order, as well as the total costs of this one (produced ordered, forwarding costs, options optional), and corrected possible errors, the Net surfer will confirm definitively his order. This confirmation will have value of conclusion of the contract.
- The contractual information will be the object of a confirmation email addressed to the customer and subject to the provision by the customer of a valid address e-mail, being the object of no restriction of use (addresses e-mail professional for example). In this case, the company could not be held responsible for the sending for contractual information and/or advertising towards an address e-mail with restricted access.
To regulate his purchase order, the Customer lays out with his choice, of the whole of the methods of payment aimed to the processes of purchase order and presented onsite of the company. He guarantees to the company that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the purchase order.
In the case of a payment by bank card, it will have to transmit its banking card number and according to the type of the latter, the expiration date of this one as well as the number cryptogram (number with 3 digits appearing in the back of the bank card).
France of Gastronomy guarantees that the payment is secured by encryption S.S.L. (Secure Socket Layer) set up by the Caisse d'Epargne, the bank partner of France of Gastronomy, so as to most effectively protect possible all the data related to the means of payment. The company guarantees that the means and services of cryptology used to make safe the transactions were the object of an authorization or a statement pursuant to the legislation in force.
In the event of payment by card, the fraudulent usage-related provisions of the means of payment envisaged in the conventions concluded between the Customer and the transmitter from the card and between the company and its banking institutions apply, in accordance with article 132-4 of the Monetary and Financial Statute book.
If the only method of payment is a payment by bank card, the final validation of the purchase order intervenes as of integral payment (except specific measures) of this one.
Once the Purchase order validated by the Customer, the banking coordinates communicated by the Customer near the server of the banking partner of France of Gastronomy are used by the aforementioned banking partner in order to check from the first Euro the solvency of the bank account corresponding to the banking coordinates communicated by the Customer. On the assumption that the account of the Customer would not be funded, France of Gastronomy will be able to refuse to confirm the Purchase order, the conclusion of the sale contract intervening only under condition precedent of the confirmation of order by France of Gastronomy.
The full amount of the Purchase orders is output 24:00 after the validation of each purchase order, on the bank accounts of each Customer concerned and is versed on the bank account kept by the banking partner of France of Gastronomy. Will be debited on the bank accounts of each Customer the only sums corresponding to the Products available.  France of Gastronomy preserves the property of the products ordered by the Customer until the integral payment of the price by the customer.
France of Gastronomy also reserves the possibility of not confirming a purchase order, for any reason it, holding in particular a problem relating to the received purchase order or a problem relating to the delivery to be carried out. France of Gastronomy will inform then of this thing the Customer by any way in the week following the reception of purchase order. It is expressly stipulated that the sale contract is formed only as from the confirmation of order by France of Gastronomy. All new purchase order will be able to intervene only after regular payment by the Customer of the sums due for its previous orders.
The purchase order is recorded by France of Gastronomy only as from the moment when the customer receives a confirmation email. A purchase order is deemed accepted by France of Gastronomy only after validation of the payment. 
Any command will be treated within the limits of availability of the products in stock or in the producers. 
In the case where a product could become temporarily unavailabe, the customer will be warned the failure of the product by one of the average following: e-mail, telephone or mail. Then, the customer will be able to modify his purchase order or to receive a credit. 
In the case of an item could become definitively or on one long period (seasonal variation of certain products) unavailable, a credit or a settlement could be obtained, without expenses.
Private information: 
During the ordering, the customer agrees to provide informations which are required of him and engages on the veracity of these last: name and first name, billing address, address delivery, telephone, email address, the type of bank card, the number of the card, the expiration date and the cryptogram of the card.
 
Delivery
Delivery time
The company guarantees that the deliveries will be made according to the conditions envisaged by the providers carriers (except in case of force major within the meaning of the case-law) and indicated onsite www.franceofgastronomy.fr or during the process of purchase order.
The Customer chooses a delivery date among those proposed by France of Gastronomy at the time of the validation of his Purchase order. On the assumption that France of Gastronomy is unable to respect lead times envisaged, the Customer is informed of this by France of Gastronomy by e-mail or telephone, in order to agree on a new schedule and date of appointment, or to cancel without expenses his order if this one cannot be realized at the new dates and schedules proposed to the Customer. In the event of cancellation of the purchase order, following this kind of event, the sums that the consumer will have paid under this purchase order will be refunded to him at the latest under fifteen days.
In the case of a delay of delivery, please inform the company by sending an e-mail to the franceofgastronomy@yahoo.fr address. If the delay exceeds 7 days compared to the delivery date envisaged during the process of purchase order, you can proceed to the resolution of this one, according to the terms indicated in the article “Right of resolution”.
Chronopost/Colissimo:
As from the assumption of responsibility by Chronopost or Colissimo, your purchase order will be dispatched to your home into 48 H maximum (working days for sending in Metropolitan France), subject to the limiting hours of deposit. For the other countries, you will be delivered according to your town, your choice of sending of parcel (working days)…
In the event of absence or of impossibility of handing-over of your parcel (not of guard,…), your deliveryman deposits a notice of passage mentioning the date and the address of the Relay Parcel, Chronopost, post office where you will be able to withdraw your parcel on presentation of identification papers.
IMPORTANT:
As from the date mentioned on the notice of passage, you have 14 days to withdraw your parcel. At the end of this period, this one will be automatically returned to its shipper.
The delivery is carried out with the address which you specified during the ordering. The address of delivery could be different from the billing address (delivery out of relay parcel, on the workplace, gifts…).
The information stated by the purchaser, at the time of the order taking, engages this one: in the event of error in the wording of the coordinates of the recipient, France of Gastronomy cannot be held responsible for impossibility of delivering the product.
The possible delays of routing do not give the right to the customer to claim damages.
Concerning the perishable goods, France of Gastronomy could not be responsible for a possible deterioration of these last in the event of late withdrawal or non-withdrawal of the aforesaid products by the Customer with the carrier. The absence of the customer at the agreed hours and day involves for this one the loss of the delivery charges.
During the delivery, the Customer must be able to prove his identity and to provide the reference of his Purchase order being reproduced on the confirmation of order sent by France of Gastronomy. The Customer commits to sign the good of annotating by the person in charge of the delivery. By the signature of the good of annotating, the Customer admits that he has received the Products of his Purchase order.
The transfer of risk on the products will take place as of handing-over of the aforesaid products by the carrier with the Customer. The Customer who notes that one or more products are damaged or missing must thus imperatively issue reserves by making some written ( mentions) on the good of annotating of the carrier, and to send copy of these reserves to France of Gastronomy, within 24:00 after reception of the parcels by e-mail or mail. If the procedure above were observed, and if it is thus proven that the delivered products were damaged or that the delivery was quantitatively not-in conformity with the confirmation of order, France of Gastronomy commits to refund the Customer of the difference between the ordered products and the delivered products in conformity.
On the assumption that the Customer would not be able to personally receive the Products which it ordered, it will be able to give procuration to a third party to take delivery of the products. This person will be able then to sign the good of annotating and to pass any useful remark on this last.
If your parcel seems damaged (already open, broken products…), you must imperatively open and control the parcel in the presence of the carrier and refuse the parcel. At the reception of a damaged parcel, please carry out reserves written, precise and complete on the tour schedule of the driver.
The countries which can claim with the purchase of our products are the countries of the European Union (except Cyprus, not of alcohol sending for the Czech Republic). We invite the people of the countries which are out of this area to contact us for a request for estimate.
Any request for purchase order higher than 30 kilos will have obligatorily to be validated as a preliminary by a cost estimate and costs of sending.
From 130 euros, your carriage costs will be offered for a delivery in classic mode on all the Metropolitan France. Nevertheless, this offer will be limited to an ordering of a maximum weight of 20 kilos.
 
Delivery incomplete or not-compliant (because of the carrier)
It may be that the parcel is damaged or that the contents of this one were partially or completely stolen. We encourage you to check consequently each time the interior of your parcel by security before signing the form of the deliveryman.
If you note such an error, please, mention it on the good of the carrier and refuse the product while returning it to us accompanied by a report 170 known as “report of spoliation”. 
In accordance with article 133-3 of the Code of the Trade, please imperatively address your protest driven by recorded delivery to the carrier, this within a period of 3 days (not understood bank holidays).
 
Delivery incomplete or not-compliant (because of company)
In spite of the care taken to the preparation of the orders, it is possible that a product is missing in this one, or that an error occurred during the preparation.
If you note such an error, please, announce us this one as soon as possible and if possible in the 72 working hours according to the reception of the purchase order. This report can be done by e-mail with the franceofgastronomy@yahoo.fr address. In the same way, by security, control your parcel before to sign the form of the deliveryman.
 
Lost parcel
If a parcel would be lost by one of our service providers carriers, please, as soon as possible inform us of this problem.
The company will carry out an investigation near of the services concerned.
 
Right of retractation
In accordance with the L121-16 item and 121-20 of the Code of Consumption, the customer has a fourteen (14) days deadline to exert his right of retractation. This lead time runs as from the reception of the purchase order by the customer.
In order to facilitate the processing of his return, the customer will be able to contact the company by e-mail in order to obtain a number of return before remarketing. This condition by no means involves the cancellation of the right of retractation.
The expenses of remarketing will remain with the integral charge of the customer. The products will have to be reforwarded complete, in a clean state to their remarketing. It is also obligatory that the products are returned in their packing of origin.
For any item returned that you paid, the following methods apply: settlement of the product, expenses of return to your charge.
The lead time of settlement will not exceed 15 days after the delivered return of the product to France of Gastronomy. The returns of parcel must be carried out at our following address of storage: France of Gastronomy 34 chemin du Perrat 71000 Loché, France.
 
Exercise of the right of retractation
To exercise the right of retractation, you must notify us your decision of retractation of this contract by means of a statement devoid of ambiguity by post way to the address France of Gastronomy 34 chemin du Perrat 71000 Loché, France or by E-mail at contact@franceofgastronomy.com
You can use the model of form of retractation below but it is not obligatory. For respect the lead time of retractation, it is enough that you transmit your communication relating to the exercise of the right of retractation before the expiry of the period of retractation. 
 
Form of Retractation (Please complete and return this form only if you want to retract the contract.)
- To the attention of France of Gastronomy 34 Chemin du Perrat 71000 Loché, France (contact@franceofgastronomy.com)
- I notify to you hereby my retractation of the contract for the sale of the property below
- ordered the/receipt the (*)
- Name of the consumer
- Address of the consumer
- Signup of the consumer (only in the case of notification of this form on paper)
- Date
(*) Cross out the pointless mention.
 
Exception to the right of retractation
The exercise of the right of retractation is excluded for the following contracts:
- contracts for the supply of goods which could deteriorate or expire quickly.
- contracts for the supply of goods which were unsealed by the consumer after the delivery and which cannot be returned for hygiene or health protection reasons.
 
Right of resolution
In accordance with the item L. 121-20-3 of the Code of consumption, we will indicate you at the time of your purchase order the maximum date of delivery of this one. In the case of a 7 working days overflow of this delivery date (except in case of force major within the meaning of the Law), you will have the ability to pronounce the resolution of your purchase order per Registered letter with Acknowledgment of delivery within a period of 7 days following the initial date of delivery. In this case, after the return of your products to your expenses, we will refund you the totality of the versed sums (except expenses of return), and this within 15 maximum day after the return of your order.
 
Command execution
The company reserves the right to refuse the order for a “legitimate reason” (in the sense defined by the case-law), and in particular (without this list being restrictive) in the event of unavailability of the product, impossibility of executing the service, abusive request of the customer, presumption of impossibility for the customer of contracting or manifest intention for the customer of harming the company.
The company also reserves the right to refuse the order in the case of a manifest clerical error leading to the display of a “false price”, and this at the time of the order placed by the customer. In the case of a difference in interpretation between “low price” and “false price”, concerning the price displayed onsite Web at the time of the customer order, this one will be able to request the intervention of a third party, as envisaged with the item “applicable Law”.
For lead times concerning the various types of services (personalization…), please, contact us.
An invoice will be automatically addressed to the customer at the time of his purchase order. This one will be sent to the address e-mail indicated by the customer at the time of his purchase order, unless otherwise specified of his part.
 
Guarantee
Contractual guarantee
The customer profits from a contractual guarantee on the products provided by the company. This guarantee is displayed on www.franceofgastronomy.fr and its duration varies according to the category of the ordered products.
Some additional guarantees services can be proposed to you according to the ordered products. Their field of application and their tariffing will be specified to you during the process of purchase order.
 
Legal guarantee
In accordance with the items L 211-4 and following of the Code of consumption, like in articles 1641 and 1648 of the Civil code, the Net surfer also profits from a guarantee allowing him to return the defective delivered products.
· Article L211-4 code of consumption
The salesman is held to deliver a product in conformity with the contract and will answer of the defects of conformity existing during the delivery.
· Article L211-5 code of consumption
To be in conformity with the contract, the product must:
1º To be specific to the usually expected use of a similar property and, if necessary:
- to correspond to the description given by the salesman and to have qualities that this one presented to the purchaser in the form of sample or of model;
- to present qualities that a purchaser can legitimately wait in view of public statements made by the salesman, the producer or his representative, in particular in publicity or labelling;
2º or present the characteristics defined by common agreement by the parties or be specific to any particular purpose sought by the purchaser, made available of the salesman and that this last accepted.
· Article L211-12 code of consumption
The share resulting from the defect of conformity is prescribed by two years as from the delivery of the property.
· Article 1648 of the 1st civil code
The share resulting from the redhibitory defects must be brought by the purchaser within a period of two years as from the discovery of the defect.
Responsability
France of Gastronomy is responsible for the good execution of the obligations resulting from the contract concluded remotely, that these obligations are to be executed by itself or subcontractors, without prejudice to its right of recourse against those.
France of Gastronomy cannot be held for person in charge of the inexecution of the concluded contract, following the occurence of an event of major force (to the direction envisaged by the Law) and in particular in the event of total or partial strike of postal services, of carriers, and catastrophes caused by floods or fires. This limitation of liability also applies to the inexecution of the aforesaid contract, of the fact, unforeseeable and insurmountable, of a third party unconnected with the provision of the services. With regard to the products bought to satisfy the professional needs, France of Gastronomy will not incur any liabilities for all consequential damages because of present, trading loss, loss of profit, damage or expenses, which could occur.
The choice and the purchase of a product or a service are placed under the single responsibility of the customer. The total or partial impossibility to use the products in particular due to incompatibility of the hardware can cause no compensation, refund or putting in question of the responsability of France of Gastronomy, except in the case of a proven latent defect, of nonconformity, defect or exercise of the right of withdrawal.
 
“Checkbox” and evidence
The “checkbox” associated with the authentication process and of the not-repudiation of the customer at the time of his purchase order and with acceptance of these Contractual Conditions is worth validation of the order and conclusion of the contract, in accordance with the provisions of article 1369-5 of the Civil code.
The computerized registers, preserved on the servers of the company like on the servers of its banking institutions, will be regarded as refutable presumptions of the communications, purchase orders and payments occurred between the parts.
To in no case, the company will not proceed to the booking of phone conversations between a member of the company and one of its customers or prospective customers. In the case of a subcontracting of their customer service, the company commits to prohibit to their partner in charge of the implementation of this service, of such booking, including in the setting of a “improvement of the service”.
 
Conservation and filing of the documents
The filing of the data of the transactions is carried out on a reliable and durable support, in accordance with article 1348 of the French Civil code.
It is thus carried out in conformity to bearing standard AFNOR Z 42-013 on the design and the operation of computer systems in order to ensure the conservation and the integrity of the bookings stored in these systems.
 
Entirety of the contract
The present general terms express the entirety of the obligations of the parts.
No general term or specific communicated by the Customer will be able to be integrated into the present general terms, except in the event of prior consent between the parts former to the conclusion of the contract.
The company reserves the possibility of adapting or of modifying at any time the present Contractual Conditions. In the event of modification, it will be applied to each order the Contractual Conditions into force at the day of the purchase order. The company will also preserve on its servers all the stamped versions of the Contractual Conditions.
 
Reserve property
The products delivered to the customer remain property of the company as long as the contract was not executed entirely. 
The documents provided to the customer are governed by the Code of the Intellectual property. They thus remain the property of the company. It is thus interdict to reproduce, yield, or to exploit the documents provided without the assent of the company.
 
Case of major force
All events, such as major force, disaster, breakdown, strike, administrative decision, problems of technical order concerning the hardware, programs, computer software and Internet network, or stop of transport, which would tend to delay, to prevent, or to make exorbitant the execution of the supply constitute, convention express, a cause of suspension or extinction of the obligations of France of Gastronomy, without allowance with the profit of the Customer. France of Gastronomy will inform the Customer by any suitable mean and the very same day of the existence of such an event, in order to make it possible for this last to freely disengage its command or of its orders with the help of a simple talkback by way of postal mail or e-mail following the information which will have been made to him. In the event of cancellation of the purchase order, following this kind of event, the sums which the consumer will have been able paid under this command will be refunded to him at the latest under 15 days. 
 
Responsability
The transfer of the risks on the products takes place as of the handing-over of the products of France of Gastronomy to the customer. The customer is only responsible for the choice of the products, their conservation, their use as from the day of the delivery. Minors: under the terms of the ordinance n°59-107 of January 7th, 1959 and law n°74-631 of July 5th, 1974, the trade of alcohol to minors of less than 18 years is prohibited. Any person ordering the wine or all alcoholic beverage forms at France of Gastronomy commits to have 18 years old completed at the date of the purchase order. The alcohol abuse is dangerous for health, consume with moderation. 
The Customer remains only judge of the contents appropriate and adapted Products ordered to his needs and his consumption. France of Gastronomy guarantees that the offered products were the object of all the care necessary in order to ensure conformity their description which appears onsite www.franceofgastronomy.fr in the date of Purchase order. The weight of the parts of dry pork-butchery can however vary of some pourcents because of a normal phenomenon of dessication. In this respect, we draw the attention of the Customer to the fact that he must not consume the products beyond the lead times indicated on labelling, and must respect the consultings of conservation indicated on these same labellings. Without limiting the range of the other provisions of these General terms of Trade, France of Gastronomy cannot in particular be regarded as resulting person in charge of the damage:
- loss, deterioration or access fraudulent to data,
- accidental transmission by the means of the service of a virus or other harmful elements,
- non-conclusion of a sale or a purchase.
 
Termination for fault of the consumer
In the event of violations or acts contrary to the present General Conditions of Sale by the customer, France of Gastronomy can: 
- put an end to whole or part of the right of access corresponding to its account and its password, 
- and/or to withdraw or move whole or part of the contents concerning the customer and available onsite www.franceof gastronomy.fr
- and/or to stop unilaterally and at any time the goods of the Service
- and/or to prohibit to the offending customer any later access to these files or to the Services.
 
Applicable law
The present General Conditions of Sale are subjected to the French law, in accordance with the European directives.
It is thus both for the rules of substance the rules of form. In the event of litigation, the companies commit to reach an out-of-court settlement before the implementation of a possible legal action.
This search for friendly solution by no means does not stop the deadlines to act as guarantee.
In the contrary case, and in accordance with the provisions of articles 46 to 48 of the CPC, the French courts will be only qualified.
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