Terms of sale
INTRODUCTION
The present terms and conditions are entered into between Société Provence Invest, SAS registered under the number 897645859 in the Tarascon Trade and Companies Register, with a share capital of €14,000,000 and whose registered office is located at RD17 13310 Saint Martin de Crau, hereinafter referred to as “Domaine Jòlibois” or “www.domainejolibois.com”, and any individual or legal entity making a purchase on the domainejolibois.com website, hereinafter referred to as “the customer”, and collectively referred to as “the Parties”.
The customer of the domainejolibois.com website declares that he/she is of legal age or has parental consent and is fully capable of entering into a contract by placing an order on the www.domainejolibois.com website.
The customer acknowledges having read the general terms and conditions of sale at the time of ordering by checking the box “I have read the general terms and conditions of sale and accept them unreservedly”.
The parties agree that their relationship is governed exclusively by the present terms and conditions of sale. These conditions may be modified from time to time, it being understood that the conditions applicable to the Customer are those in force on the site at the time the order is placed on the site.
1. PRODUCT
The activity of Provence Invest / Domaine Jòlibois includes the mailing of bottles of olive oil, as well as complementary products and objects, to its customers. Each product is accompanied by a description drawn up by Domaine Jòlibois. The photographs available on the www.domainejolibois.com website are as accurate as possible, but cannot guarantee a perfect similarity with the product ordered.
The products comply with current French legislation. The photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding on Provence Invest.
2. PRICES
The prices of products on www.domainejolibois.com are inclusive of VAT in euros, applicable on the day the order is placed. Provence Invest / Domaine Jòlibois reserves the right to modify its prices at any time, it being understood that the price appearing on the site when the order is registered will be the only one applicable to the Customer.
2.1 Product prices
The prices of products displayed on www.domainejolibois.com are exclusive of delivery charges, the price of certain packaging or the price of other optional services subscribed to by the customer, which are extra. The customer will be informed of the latter on the summary screen before final validation of the order.
3. AVAILABILITY
The offers presented by Provence Invest / Domaine Jòlibois are valid as long as they are visible on the website and within the limits of available stocks.
In the event of unavailability of one or more products or services after an order has been placed, the customer will be notified by email. The amount of the order will be recalculated and the Customer will be debited with the new amount, less the missing products. If the order is completely unavailable, the Customer will be informed by e-mail and will not be debited or, if applicable, will be reimbursed. In this case, Provence Invest cannot be held responsible for any prejudice suffered by the Customer and will not be liable for any compensation to the Customer.
4. ORDERS
When the Customer confirms his/her order, he/she is deemed to have accepted, with full knowledge of the facts, the content and conditions of the order in question, and in particular the present General Terms and Conditions, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer.
Placing an order takes place in several stages, the customer must :
- select products and add them to the shopping cart,
- validate the contents of their basket,
- log in or create an account,
- choose their method of payment,
- accept the terms and conditions,
- make and confirm payment.
The customer will then receive an order validation e-mail from Provence Invest/ Domaine Jòlibois, as well as a second e-mail containing the invoice corresponding to the order. The order validation e-mail signifies domainejolibois.com's acceptance of the customer's order and thus forms the sales contract between the parties. As soon as the order is ready for shipment, Provence Invest / Domaine Jòlibois will send an order shipment email to the customer.
In addition, Provence Invest / Domaine Jòlibois reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the website, including on the occasion of previous orders. Provence Invest / Domaine Jòlibois cannot be held responsible in the event of an error in entering the e-mail address concerned, or in the event of non-receipt of the order confirmation e-mail. In this case, the sale will be considered final, except in the case of cancellation of the Order by Provence Invest / Domaine Jòlibois, notably due to product unavailability. The Customer may nevertheless exercise his right of retraction under the conditions set out in the present General Terms and Conditions.
5. PAYMENT
All orders are payable in euros at the time of ordering.
Payment is made by credit card (Visa, Mastercard, American Express), using Stripe's online payment service.
The customer guarantees Provence Invest / Domaine Jòlibois that he/she is fully authorized to use the means of payment at the time of his/her order and that this means of payment legally gives access to sufficient funds to cover all costs resulting from his/her order on the domainejolibois.com website. Provence Invest / Domaine Jòlibois cannot be held responsible for any fraudulent use of the means of payment used.
Provence Invest / Domaine Jòlibois reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the customer or in the event of a payment incident.
All payments will be processed using a secure data encryption procedure, so that no information transmitted by the Customer can be intercepted by third parties.
It is the customer's responsibility to save and print his/her payment certificate if he/she wishes to retain bank details relating to his/her transaction.
Payments are secured by Stripe: https://stripe.com/docs/security/stripe
5.1 Payment for products (excluding subscriptions)
Payment for any product or item ordered from www.domainejolibois.com is made at the time of ordering.
6. DELIVERY
6.1 Colissimo delivery
The products offered by Provence Invest / Domaine Jòlibois can be delivered to any of the countries indicated on the www.domainejolibois.com website.
Orders are processed within 24 hours from Monday to Friday, and then handed over to our Colissimo service provider, La Poste, for dispatch within 48 hours working days, except in the event of a health crisis. Provence Invest/ Domaine Jòlibois does not guarantee these delivery times, but will do its utmost to ensure that they are respected.
In the case of delivery by La Poste, customers who are absent at the time of delivery have 15 days in which to collect their parcel from the post office indicated. After this period, the parcel will be returned to Provence Invest / Domaine Jòlibois.
If the parcel contains only non-perishable products, the site will contact the Customer and, in the absence of a response from the Customer within 7 working days, Provence Invest / Domaine Jòlibois will consider that the Customer has exercised his right of retraction.
6.2 Click&Collect
Free service, with no minimum purchase, valid at the place of manufacture, Domaine Jòlibois, Route d'Aureille 13430 Eyguières during opening hours. Your parcel will remain available in the store for 7 working days once you have been notified that it can be collected.
6.3 Receipt
Upon receipt, the customer is obliged to check that the products delivered are in good condition. Any anomaly found must be reported by e-mail to contact@domainejolibois within 24 hours of receipt, with a photo.
7. WORKSHOPS
Workshops and gift cards are available for purchase on our website www.domainejolibois.com. Provence Invest / Domaine Jòlibois reserves the right to modify workshop dates according to the number of participants and the health situation. If a workshop is cancelled by Provence Invest / Domaine Jòlibois, the customer will be able to select a new date.
Gift cards are valid for 1 year from the date of purchase.
In the event of cancellation by the customer up to 48 hours before the workshop, the customer will be able to reserve a new date or benefit from a credit valid on the website. Less than 48 hours before the workshop, the workshop cancelled by the customer cannot be rescheduled or reimbursed, except in exceptional cases (health, force majeure). In the event of a dispute between Provence Invest / Domaine Jòlibois and the customer, a credit note valid on domainejolibois.com will be generated. No refund is possible.
Provence Invest / Domaine Jòlibois reserves the right to modify the price of its workshops, as their content may change over time.
In the event of an exceptional health crisis, these conditions may be modified according to the context.
8. WITHDRAWAL
8.1 Accessories
In accordance with the legal provisions in force, the customer has a cooling-off period of 14 days from the date of receipt of the order to notify Provence Invest / Domaine Jòlibois (by e-mail to contact@domainejolibois.com) the customer has 14 days from the date of notification to return the goods. For health and safety reasons, only unused products, correctly protected, in their original packaging, in perfect condition, suitable for resale, accompanied by any accessories, instructions and documentation, as well as the corresponding invoice, will be taken back. These conditions are cumulative.
Subject to the above, Provence Invest / Domaine Jòlibois will refund the price of the products returned, excluding shipping costs, within 14 days of the date on which the right of return was exercised. Refunds will be made by crediting the amount debited from the Customer's credit card.
Shipping and forwarding costs will be borne by the customer. The customer must return the products to the following address: Domaine Jòlibois, route d'Aureille 13430 Eyguières
8.2 Olive oil and vinegar
In accordance with article L.121-20-2 of the French Consumer Code, the cooling-off period does not apply to the purchase of perishable foodstuffs. Domaine Jòlibois olive oils are a fresh and perishable product with a shelf life of 18 months from the date of bottling.
8.3 Workshops and gift cards
In accordance with the legal provisions in force, the Customer has a withdrawal period of 14 days from the date of receipt of the order to notify Provence Invest / Domaine Jòlibois (by e-mail to contact@domainejolibois.com) of his wish to withdraw.
9. RESERVATION OF OWNERSHIP
Provence Invest / Domaine Jòlibois retains full ownership of the products sold until full payment has been received.
10. LIABILITY
Provence Invest / Domaine Jòlibois is neither the designer nor the manufacturer of the accessories and objects offered on the website. Consequently, Provence Invest / Domaine Jòlibois cannot be held responsible for any bodily and/or immaterial and/or material damage that may result from the use of these products, which are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Customer.
Likewise, Provence Invest / Domaine Jòlibois shall not be held liable for any breach of its obligations under the GCS if such breach is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts.
In addition, information enabling the Customer to identify him/herself, such as login and password, is personal and confidential. This information may only be modified on the initiative of the Customer or Provence Invest / Domaine Jòlibois, particularly if the password is forgotten.
The Customer is solely responsible for the use of his identification details, and is required to keep them secret. Provence Invest / Domaine Jòlibois will not be held responsible for any disclosure.
All orders placed using the customer's login and password are deemed to have been placed by the customer. Provence Invest / Domaine Jòlibois cannot be held responsible for any damage caused by the disclosure of personal and confidential data by the Customer, nor for the use of such data by a third party.
11. PERSONAL DATA
Data collected on this site are exclusively intended for Provence Invest / Domaine Jòlibois. All personal information collected on the site remains confidential and Provence Invest / Domaine Jòlibois undertakes not to divulge it to third parties.
No personal information is collected without the user's knowledge.
In accordance with the French Data Protection Act of January 6, 1978, as amended, you have the right to access and rectify information concerning you. You may exercise this right by sending an e-mail to contact@domainejolibois.com.
Before sending someone's name and e-mail address, particularly as part of a gift to a third party, please make sure you have their permission. Provence Invest / Domaine Jòlibois will use the personal data provided by this third party in particular for the delivery of parcels.
12. DISPUTES
Any dispute relating to the execution of an order and/or the interpretation of these terms and conditions is subject to French law. In the event of a dispute relating to the interpretation or execution of the agreements between the customer and Provence Invest / Domaine Jòlibois, an amicable solution will be sought before any legal recourse.
The prior search for an amicable solution does not interrupt the time limits for taking legal action.
Failing amicable agreement, the competent court will be, at the choice of the plaintiff and in accordance with legal provisions, either that of the place where the defendant resides, or that of the place of actual delivery of the product(s).
The Customer acknowledges that the communications and computerized registers of the site will be considered by the parties as proof of exchanges, orders, payments and transactions between the Parties, unless proven otherwise.
In the context of a professional-to-professional sales contract, the Parties expressly agree to submit this contract to French law. The application of the Vienna Convention of April 11, 1980 on the International Sale of Goods is expressly excluded.
13. COMMUNICATION
13.1 General
As part of its CSR policy of respect for the environment, Provence Invest / Domaine Jòlibois France is committed to reducing the use of paper.
By becoming a user of the www.domainejolibois.com website, the Customer acknowledges that exchanges between him and Provence Invest / Domaine Jòlibois will be mainly electronic (by email) except in special cases required by law.
The customer expressly agrees to receive invoices by email.
The creation of a customer account automatically implies acceptance to receive the Provence Invest / Domaine Jòlibois Newsletter. The customer may unsubscribe from this newsletter at any time.
13.2 Invoicing
As part of its CSR policy to respect the environment, Provence Invest / Domaine Jòlibois is committed to reducing the use of paper. Provence Invest / Domaine Jòlibois will send you an invoice by e-mail once the order has been paid, processed and validated.
The invoice will be sent to the e-mail address given when the order was placed.
14. INTELLECTUAL PROPERTY
Provence Invest / Domaine Jòlibois remains the sole owner or licensee for the entire world of all rights, including intellectual property rights, to all visuals, photos, texts, comments, information, works, illustrations, trademarks, logos, trade names, graphics, audio and video clips, drawings, images and other content reproduced on the Site. Any total or partial reproduction of the Site or its contents, other than for strictly personal use, is forbidden, unless authorized in writing by Provence Invest / Domaine Jòlibois.
15. FORCE MAJEURE
Provence Invest / Domaine Jòlibois shall not be held liable in the event of delay or non-compliance with any of its obligations under the terms of the GCS, due to a case or situation of force majeure, as defined in article 1218 of the French Civil Code and understood by the jurisprudence of the French Supreme Court (Cour de cassation).
16. AFTER-SALES SERVICE
Provence Invest / Domaine Jòlibois provides you with an e-mail address to answer any questions you may have, and undertakes to reply within 72 working days to e-mails sent to contact@domainejolibois.com.