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Manufacturer and distributor of natural, zero waste and sold loose solutions since 2003
logo-Chamarrel
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+33 4 86 688 799
Terms and Conditions

GENERAL CONDITIONS OF USE AND SALE
The present General Conditions of Sale (hereafter the "GCS") are proposed by MERCATERRA SARL, with a capital of 10000 €, company registered at the RCS of Paris under the number 837938604, whose registered office is located at 42 rue de Maubeuge, 75009 Paris (hereafter "THE VENDOR").

THE SELLER offers, through its website https://www.chamarrel.com (hereinafter the "Site"), natural products, bulk and zero waste solutions (hereinafter the "Products").

Each customer recognizes to have had knowledge, in a legible and comprehensible way, of the present CGUV as well as of all the information necessary for the execution of the present, in accordance with the articles L.111-1 to L.111-8 of the Code of consumption, before the placing of his order and before any conclusion of his contract with MERCATERRA SARL with a capital of 10000 €, company registered with the RCS of Paris under the number 837938604.

1.APPLICATION AND OPPOSABILITY OF THE CGUV
The present CGUV apply to any use of the Site as well as to any order of Products by any customer, natural person, acting for purposes that do not fall within the scope of his professional activity or any customer, natural person or legal entity, acting within the scope of his commercial, industrial, artisanal or liberal activity (hereafter the "Customer") carried out on the Site, from 01/11/2020.

The purpose of the present CGUV is to define the conditions of the order of the Products, and to determine the respective rights and obligations of each of the parties in the context of the supply of the Products.

Unless otherwise agreed in writing by the parties, these CGUV take precedence over any contrary clauses from previously drafted general conditions, and thus apply to the exclusion of any other agreement.

The present CGUV are to be considered as an integral and essential part of the contract concluded between THE SELLER and each of its Customers.

These CGUV are systematically notified to the Customer when his personal account is created on the Site and when he places his order on the Site. Each Customer must necessarily take cognizance of them and accept them in order to validate his order on the Site. This acceptance consists of ticking the box corresponding to the sentence of acceptance of the present CGUV, such as, for example, "I acknowledge having read and accepted all the general conditions of sale published on the Site". The fact of ticking this box will be deemed to have the same value as a handwritten signature by the Customer. This includes the specific terms and conditions for resellers, which are available on request and sent when the reseller account is validated.

In the event of modification and/or adaptation of these GCUV by THE SELLER, only the version in force on the day of the Customer's order on the Site shall be validly applicable. The Client will be informed of any modifications made to these GTCV, at the time of his subsequent connection to the Site, by a notification published on the Site.

The fact that THE SELLER does not take advantage, at a given moment, of any of the provisions of these GCUV cannot be interpreted as a waiver of the right to take advantage of them at a later date.

THE SELLER invites each Customer to read these GTCV carefully, to print them and/or save them on any durable medium, before ordering any Product on its Site.

 

2.ACCESS AND AVAILABILITY OF THE SITE
THE SELLER offers free access to its Site, the Customer remaining in any case responsible for his computer equipment and his Internet connection, the costs of which are at his expense.

Access to the Site can be made :

- from a computer or equivalent terminal with access to one or more telecommunications networks allowing access to the Internet and Internet browsing software (such as Internet Explorer, Mozilla Firefox, etc.);

- a telephone terminal with access to a telecommunications network allowing access to the Internet (3G, 4G, Edge, wifi etc.).

THE SELLER makes every effort to make the Site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of an interruption for maintenance, THE SELLER shall not be held responsible for the possible impact of this unavailability on the Client's activities.

The Customer is aware of the technical hazards inherent in the Internet and the access interruptions that may result. Consequently, THE SELLER cannot be held responsible for any unavailability or slowdown of the Site.

The Customer is informed that the SELLER's servers are hosted by the company OVH, 2 rue Kellermann BP 80157 59053 TOUBAIX Cedex 1.

Any breach by the Customer of the obligations incumbent upon it by virtue of these GCUVs may result in the suspension or prohibition of the Customer's access to the Site.

3.TERMS AND CONDITIONS OF THE CONTRACT
Orders for Product(s) are placed via the Site.

It is possible to have a personal user account but this is not a necessary and compulsory prerequisite for ordering Products on the Site.

The creation of a user account is done through the following mandatory fields: Name, first name, address, email. The user account allows access to a personalised interface, to manage his profile and his orders. However, in the event of erroneous information, the customer may not receive an email or may encounter other difficulties in placing, tracking or receiving their order.

The Customer chooses directly on the Site the Product(s) he/she wishes to order. THE SELLER endeavours to provide visuals and descriptions that are as faithful as possible to the Products. However, as these visuals and illustrative texts are not contractual, the Customer may not hold the SELLER liable in this respect.

The Customer is required to fill in a certain amount of information about himself in order to validate his order. All orders must be duly completed and must contain the information strictly necessary for the order. The Customer is responsible for the truthfulness, accuracy and relevance of the data provided.

The Customer may make changes, corrections, additions or even cancel the order until it is validated on the order summary page, before payment.

 

4.PRICES AND PAYMENT TERMS
4.1 Prices
Access to the Site and to the presentation of the Products is free for the Customer. Only the order of one or more Products shall be subject to payment by the latter.

The prices of the Products are mentioned on the Site in euros and include all taxes. The applicable prices are those valid on the day the Customer places the order on the Site. The prices of the Products delivered may vary according to the place of delivery, as the prices of Products to destinations outside the European Union are not subject to VAT. 

The prices of the Products and any additional costs related to the order are indicated, in a clear and comprehensible manner, on the order summary. Before placing the order, the Customer must confirm this summary.

If the Customer places an order, exceptionally or usually, by another means not linked to the Site (e-mail, paper or digital order form for example), the applicable prices will be those valid on the Site on the day the Customer's order is taken.

4.2 Terms of payment
Prices will be invoiced on the basis of the rates in force at the time of the order. An invoice summarising all the Products ordered by the Customer as well as their respective costs will be systematically sent to the Customer.

The Customer shall pay the price directly on the Site, and imperatively before any execution by THE SELLER, in accordance with the process provided for this purpose.

THE SELLER uses a secure third-party payment system Monetico provided by CIC

Payment by the Customer is a prerequisite for the validation of the order.

Failure to pay by the due date will automatically, without prior notice and by right, lead to the suspension or invalidation of the Customer's order, without prejudice to any other course of action.

Sales to professionals with deferred payment: in the event that the SELLER and the professional Customer (i.e. not a Consumer) agree to the settlement of an order by deferred payment, and if no other time limit is agreed between the SELLER and the professional Customer and indicated on the invoice, the accepted payment time limit, and counted from the date of issue of the invoice, is 30 days.

The deferred payment is subject to the acceptance by the Professional Customer of the setting up of a direct debit and the provision of a bank statement (IBAN).

The SELLER shall not grant any discount (0) for early payment.

In case of delay of payment of the sums due by the Customer, penalties of delay, calculated at the rate of 20% (and at least three (3) times the legal interest rate), will be automatically and of right acquired to MERCATERRA, without any formality nor preliminary setting in residence, and without damage of any other action that MERCATERRA would be entitled to bring, on this account, against the Customer. In addition, the Customer will be indebted of a fixed compensation for expenses of recovery fixed at forty (40) euros, in accordance with the article D.441-5 of the Commercial code.

 

5.DELIVERY
The delivery costs relating to the order are indicated to the Customer before payment of the order.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, THE SELLER undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract.

The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken or damaged Products, etc.).

If the Customer's package is returned by the Post Office or other postal service providers, THE SELLER will contact the Customer upon receipt of the returned package to ask him/her what to do with his/her order. If the Customer has mistakenly refused the parcel, he/she may request that it be returned by first paying the postal charges for the new shipment. The postal charges must be paid even for orders for which the postal charges were offered at the time of the order.

Any delay in delivery in relation to the date or deadline indicated to the consumer Customer at the time of ordering or, in the absence of an indication of date or deadline at the time of ordering, in excess of thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the Customer's initiative, upon written request by the Customer by registered letter with acknowledgement of receipt, if after having instructed the SELLER to make the delivery, the SELLER has not complied. The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause shall not apply if the delay in delivery is due to force majeure.

 

6.RIGHT OF WITHDRAWAL
The consumer Customer has a period of fourteen (14) clear days from the delivery of the Products to exercise his right of withdrawal under the conditions in force referred to in the Consumer Code, without having to give any reason or pay any penalties.

If he/she wishes to exercise his/her right of withdrawal, the consumer Customer must inform THE SELLER of his/her decision to withdraw from the contract either :

- By means of the form made available on the Site, and more specifically, on his personal customer account, and at the end of these terms and conditions, in Appendix 1;

OR

- by presenting any other explicit and unequivocal statement to this effect (for example, a letter sent by registered post with acknowledgement of receipt).

In any event, the Customer must indicate an unambiguous and unequivocal wish to withdraw.

In the event of a withdrawal made on the Site by the online transmission of the withdrawal form, THE SELLER will send the Customer, without delay, an acknowledgement of receipt on a durable medium, to the email address provided at the time of the order.

The Customer shall bear the direct costs of returning the Products, unless the Customer's withdrawal is the result of an error in the Product sent, in which case THE SELLER shall bear the costs of returning the Products. The Customer is expressly informed that the Product in question must be returned to THE SELLER in its original packaging, including the instructions provided and/or any accessories.

If the Customer exercises the right of withdrawal, all sums paid by the Customer will be reimbursed by THE SELLER within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. This refund may be deferred until the date of recovery of the Products or until the consumer has provided proof of shipment of the Products. The refund will be made to the Customer's bank account directly through the Site by bank transfer or by any other means agreed between the parties.

Exception to the right of withdrawal: The Site offers the sale of the following Products, for which the right of withdrawal for Consumer Customers cannot be applied, by virtue of Article L.221-28 of the Consumer Code: products made to the consumer's specifications or clearly personalised, products likely to deteriorate or expire rapidly and products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

The Customer acknowledges that he is aware of this list of exceptions, notified prior to the sale in the present GCUV.

Moreover, Services starting immediately after the purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressly waived his right of withdrawal. The right of withdrawal may not be exercised in the case of the supply of digital content not supplied on a material medium, the execution of which began before the end of the withdrawal period with the Customer's express waiver of his right of withdrawal.

7.PRODUCT WARRANTY
When acting under the legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L.217-9 of the Consumer Code; except for second-hand goods, he is exempt from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event that this guarantee is implemented, the buyer has the choice between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose in accordance with Article 2232 of the Civil Code.

 

All Products acquired on the Site benefit from the following legal guarantees, provided for by the Civil Code and the Consumer Code:

 

7.1 Legal guarantee of conformity
According to articles L.217-4 et seq. of the French Consumer Code, the seller is obliged to deliver goods in conformity with the contract concluded with the consumer Customer and to respond to any defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day the Product was taken into possession.

However, if the defect appeared within 24 months of this date, it is presumed to fulfil this condition. But, in accordance with article L.217-7 of the Code of Consumption, "the Seller can fight this presumption if it is not compatible with the nature of the Product or the claimed defect of conformity". In this respect, MERCATERRA will be able to analyse the litigious Product in order to determine if the defect noted existed or not at the day of the delivery of the Product to the Customer. On the other hand, after this period of 24 months, it will be up to the Customer to prove that the defect existed well at the time of the taking of possession of the Product.

In accordance with Article L.217-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, he is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

7.2 Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from the normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for its intended use, or diminish that use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price had he known of the defect).

Complaints and requests for reimbursement for a non-conforming Product must be made by post or by e-mail to the addresses indicated in the legal notices on the Site. The Customer will be reimbursed by bank transfer of the amount of his order. The costs of the refund procedure (in particular the cost of returning the Product) shall be borne by the SELLER.

8.LIABILITY
Each of the parties assumes responsibility for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.

8.1 Customer's liability
The Customer is solely responsible for the quality, accuracy, relevance and correctness of the information he/she provides on the Site for the purposes of his/her order. The SELLER shall not be held liable in this respect.

The Customer is thus solely liable to the SELLER and, where applicable, to third parties, for any damage, direct or indirect, of any nature whatsoever, caused by information or any other publication communicated, transmitted or disseminated in connection with the present contract, as well as for any failure on his part to comply with the present contractual stipulations.

The Customer is, moreover, solely responsible for the choice of the Products he/she has ordered through the Site.

All Customers undertake not to use the Site in contravention of all applicable laws, rules and regulations.

8.2 Responsibility of the SELLER
The SELLER shall take all appropriate measures to ensure that the Customer is supplied with quality Products under optimum conditions. It assumes full responsibility for the Products it offers and sells to Customers via the Website and will deal solely with any potential complaints relating to the said Products.

However, the SELLER cannot be held responsible for any damage attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure.

THE SELLER ensures that the Site functions properly but cannot guarantee that it is free of anomalies or errors and that it functions without interruption.

THE SELLER shall not be held responsible for the non-functioning, impossibility of access or malfunctioning of the services of the Client's access provider or of the Internet network.

9.FORCE MAJEURE


Force majeure" is defined as any event beyond the control of one of the parties and not reasonably foreseeable at the time of the conclusion of the present CGUV. Such an event will be characterised as soon as the party, victim of such an event, would be prevented from properly executing its contractual obligations, and this, despite the implementation of adequate and appropriate measures intended to limit the effects.

Neither of the two parties will be held responsible towards the other for the non-execution or delays in the execution of an obligation arising from the present CGUV which would be due to the act of the other party following the occurrence of a case of force majeure, as recognised and defined by French jurisprudence.

The case of force majeure suspends the obligations arising from the present CGUV for the entire duration of its existence, and neither party may, during this period, validly rely on the existence of such a case of force majeure within the meaning of article 1218 of the Civil Code in order to justify the termination of its contractual relationship with the other party. However, if the case of force majeure lasts for more than thirty (30) consecutive days, it will give rise to the right to terminate the present CGUV by either of the parties, eight (8) days after sending a registered letter with acknowledgement of receipt notifying this decision.

10.INTELLECTUAL PROPERTY
The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the SELLER or, if applicable, of their respective holders from whom THE SELLER has obtained the authorisations for exploitation.

THE SELLER remains the owner of all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyrights relating to any other distinctive sign belonging to it.

Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and/or communication, in any form whatsoever, whether commercial or not, of all or part of the trademark and/or of an original work of the mind or data contained on the Site is formally prohibited. The Customer shall also refrain from any action and any act likely to directly or indirectly infringe the intellectual property rights of the SELLER.

11.PROTECTION OF PERSONAL DATA
The Customer is informed that the creation of his personal account on the Site as well as his order of Products on the Site gives rise to the collection and automated processing of personal data concerning him by THE SELLER, the use of which is subject to the provisions of Law No. 78-17 of 6 January 1978 on Information Technology, Files and Freedoms, as amended by Law No. 2016-1321 of 7 October 2016 and the European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "RGPD").

THE SELLER provides the Customer, on its Site, with a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by THE SELLER and the rights that the Customer has with regard to this personal data.

12.COOKIES
THE SELLER uses "cookies" in order to obtain statistical data and to improve the Customer's browsing experience.

THE SELLER implants a "cookie" in the Client's computer with his prior consent. The Customer has the option of refusing cookies when visiting the Site. This information is stored in the Customer's computer for a period of 13 months.

THE SELLER undertakes never to communicate the content of these "cookies" to third parties, except in the event of legal requisition.

The Customer may, moreover, oppose the recording of "cookies" by configuring their browser software. To do this, the Customer must set the parameters of his browser:

For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

For Safari: https://support.apple.com/fr-fr/ht1677

For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on

For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies

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13.HYPERTEXT LINKS
The Site may include hypertext links to other sites.

THE SELLER cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Customer may access via the Site. Furthermore, THE SELLER cannot be held responsible for the content, advertising, products and services available on or from these websites, mobile applications or external sources.

If, despite the SELLER's efforts, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply or does not appear to comply with the requirements of French law, the Customer undertakes to immediately contact the Site's publication director, whose contact details are given in the legal notice published on the Site, in order to inform him of the address of the pages of the third-party site in question. THE SELLER will then take the necessary steps to remove the hypertext link concerned.

14.APPLICABLE LAW AND COMPETENT JURISDICTION
The present CGUV are governed by French law.

In the event of a dispute to which the present CGUV (or one of their clauses) and/or the relations between the parties could give rise, the consumer Customer may refer, at his choice, in addition to one of the territorially competent jurisdictions by virtue of the Code of Civil Procedure, to the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event. The professional Customer shall bring the matter before the Court in whose jurisdiction the SELLER has its registered office.

According to Article L.612-1 of the Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation mechanism".

In accordance with order no. 2015-1033 of 20 August 2015 and the implementing decree no. 2015-1382 of 30 October 2015, any dispute or so-called consumer dispute, subject to Article L.612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with the following mediator DEVIGNY MEDIATION

To submit his dispute to the mediator, the Customer may :

(i) fill in the form on the mediator's website: https://www.devignymediation.fr

(ii) send their request by simple or registered mail to DEVIGNY MEDIATION 9 avenue René Gasnier D01 49100 ANGERS

It is reminded that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.

 

15 Customer service
The customer service of the present Site is accessible by electronic mail at the following address: contact@chamarrel.fr or by postal mail at the address indicated in the legal mentions.

MERCATERRA also provides its Clients with a hotline, or telephone assistance, to answer their questions. The hotline can be contacted by telephone at 04 86 688 799 (not surcharged).


Annex 1 - Model withdrawal form for consumer customers
 

Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)

 

 

To the attention of MERCATERRA SARL, 42 rue de Maubeuge, 75009, Paris

 

I hereby notify you of my withdrawal from the contract concerning the Product(s) below: 

 

____________________________________________________________

 

Received on : _______________________________


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