Terms of Sales
Le Bocal à Sirènes is the property of Poti'Chou SARL with a capital of 5000 € registered with the RCS of RODEZ under the number 881 722 698 whose head office is located in Versols, 12400 Versols and Lapeyre.
VAT number: FR2881722698
Responsible for publication: Olga Gorbachev
Article 1 - Completeness
These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website lebocalasirenes.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. In this case, these modifications become applicable as soon as they are put online and cannot apply to transactions concluded previously.
The products manufactured by Poti'Chou SARL and distributed under the Le Bocal à Sirènes brand are offered via the lebocalasirenes.com site.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the company Poti'Chou SARL and distributed to the buyer under the brand Le Bocal à Sirènes, from lebocalasirenes.com website
These conditions only concern purchases made by buyers located in mainland France or Switzerland and delivered exclusively in mainland France or Switzerland. These purchases relate to the following products: fruit-based drinks; syrups for beverages; preparations for making beverages; fruit nectars; aperitifs without alcohol.
The buyer declares to have taken cognizance of these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.
Article 3 - Order
For the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He will also have to choose the delivery address and finally validate the payment.
Upon registration of the order, an order number is communicated to the buyer as well as a confirmation by e-mail. The data recorded by Poti'Chou SARL on the lebocalasirenes.com site constitute proof of the nature, content and date of the order. The sale will not be concluded until the order has been confirmed.
Poti'Chou SARL reserves the right to cancel any order from a buyer with whom there is a dispute relating to the payment of a previous order which has not been resolved.
Article 4 - Electronic signature
The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of amounts due under the order form
- signature and express acceptance of all transactions carried out.
Article 5 - Delivery
The products acquired by the purchaser will be delivered in metropolitan France or in Switzerland to the address indicated by the purchaser when ordering on the lebocalasirenes.com website. Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go. In all cases, if the package is returned to the sender because he has incorrectly entered his postal address, the second delivery will be invoiced to the customer.
In accordance with article L.121-20-3, in the event of a failure to perform the order resulting from the unavailability of the goods ordered, the consumer will be informed of this unavailability and will be reimbursed without delay and at the latest within thirty days after payment of the sums he paid. Poti'Chou SARL can supply goods of equivalent quality and price with the buyer's agreement.
Article 6 - Right of withdrawal
As an exception to the provisions of article L 221-28 of the Consumer Code, the buyer does not have a withdrawal period after receipt of the order due to the deterioration and perishability of agrifood products. Thus, the products received cannot be returned.
Article 7 - Liability of the parties
In order to assert his rights, the buyer must inform Poti'Chou SARL, in writing, of the existence of the defects or the lack of conformity within the framework of the legal period from their discovery, namely the same day or the first working day following delivery at the latest. After this period, the complaint will be rejected. Once the complaint has been processed, Poti'Chou SARL will replace the defective or non-compliant products.
The buyer accepts that certain products do not correspond to his tastes and do not take into account certain intolerances or allergies that may be caused by the Poti'Chou SARL products distributed under the Le Bocal à Sirènes brand vis-à-vis the buyer. or people to whom the buyer shares the Poti'Chou SARL products distributed under the Le Bocal à Sirène brand. It is therefore the buyer's responsibility to pay attention to the content of the labels mentioning the composition of the products. Therefore, concerning the allergies and intolerances of the buyer or of the people to whom the buyer consume the products, the responsibility of Poti'Chou SARL cannot be engaged following a lack of vigilance on the part of the buyer and in particular by not reading the composition mentioned on the label.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the buyer, such as poor storage conditions before and especially after opening the products. The guarantee of Poti'Chou SARL is limited to the replacement or reimbursement of non-conforming products or those affected by a defect.
Poti'Chou SARL will not be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
In addition, visual differences may exist between the presentation photographs produced and the products received, due in particular to the technical vagaries of the digitization process. However, these dissimilarities cannot give rise to compensation since they are not likely to deceive the consumer as to the nature and characteristics of the products.
Article 8 - Protection of personal data
As part of the use of the digital media of Poti'Chou SARL, and in particular the lebocalasirenes.com website, by users and customers, Poti'Chou SARL is required to collect and process certain personal data concerning them. . In accordance with the regulations applicable to the protection of personal data and in particular the European regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation (RGPD), users and customers have a right to 'access, rectification, erasure, and portability of data concerning them and may also, for legitimate reasons, oppose the processing and, in the cases provided for by law, request the limitation of the processing of such data . To exercise these rights, Poti'Chou SARL invites users and customers who wish to contact customer service by email: email@example.com
Article 9 - Intellectual property
The content of the lebocalasirenes.com website (documents, photos, descriptions, etc.) remains the property of Poti'Chou SARL, the sole holder of the intellectual property rights over this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
Article 10 - Mediation
The buyer can resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 11 - Force majeure
The responsibility of the company Poti'Chou SARL cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale results from a case of force major. By force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code, as well as all the cases usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or of supplies, earthquake, fires, blockages of transport and supplies as a result of epidemics, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will then approach each other to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts longer than three months, these general conditions may be terminated by the injured party.
Article 12 - Applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.