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Article 1 - Scope.
These General Terms and Conditions of Sale (referred to as "Conditions of sales") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client") wishing to acquire the Products offered for sale ("the Products") by the company La Bastide d’Isalinore on the website www.labastidedisalinore.fr. The Products offered for sale on the site include perfumes, cosmetics, dried flowers, and accessories.
The main characteristics of the Products, including illustrations, descriptions, quantities, usage advice, and precautions for use, are presented on the website www.labastidedisalinore.fr, and the Client is required to review this information before ordering.
The choice and purchase of a Product are the sole responsibility of the Client. The offers of Products are limited to available stock, as specified at the time of order placement.
These Conditions of sales are accessible at any time on the website www.labastidedisalinore.fr and will prevail over any other document.
The Client declares having read these Conditions of Sale and accepted them by checking the box provided for this purpose before proceeding with the online ordering procedure on the website www.labastidedisalinore.fr.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact details are as follows: La Bastide d'Isalinore, Simplified Joint Stock Company, Share capital of €2,000.00, Registered with the Lille Métropole Trade and Companies Register under number 839 010 741, email: contact@labastidedisalinore.fr, phone: +33 3 62 64 25 55.
The Products presented on the website www.labastidedisalinore.fr are offered for sale for the following territories: Germany, Austria, Balearic Islands, Belgium, Bulgaria, Canary Islands, Ceuta, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Metropolitan France, Greece, Guadeloupe, Guiana, Hungary, Ireland, Wallis and Futuna, Iceland, Italy, Réunion Island, Latvia, Lithuania, Luxembourg, Malta, Martinique, Melilla, Norway, New Caledonia, Netherlands, Poland, French Polynesia, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, St. Barthélemy, St. Martin, St. Pierre and Miquelon, Sweden, Switzerland, French Southern and Antarctic Lands.
In the case of an order to a country other than Metropolitan France, the Client is the importer of the relevant Product(s).
Customs duties or other local taxes or import duties or state taxes may be exigible. They will be the responsibility of, and solely borne by, the Client.
Article 2 – Validity of the General Terms and Conditions of Sale
La Bastide d’Isalinore reserves the right to modify or adapt these General Terms and Conditions of Sale at any time. In such cases, the most recent version of the General Terms and Conditions of Sale will be made available to you, rendering the previous version null and void.
Article 3 - Prices
The Products are supplied at the prevailing prices listed on the website www.labastidedisalinore.fr at the time the Seller processes the order.
Prices are expressed in euros, excluding taxes (HT) and including taxes (TTC). They include the value-added tax (VAT) in effect on the day of the order, and any changes in the applicable VAT rate will automatically be reflected in the price of the products.
The prices take into account any discounts that may be granted by La Bastide d’Isalinore on the website www.labastidedisalinore.fr. These prices are firm and non-revisable during their validity period, but La Bastide d’Isalinore reserves the right to modify the prices at any time outside that validity period.
Due to fluctuations in the prices of aromatic and natural raw materials, prices may be changed by La Bastide d’Isalinore at any time.
Prices do not include processing, shipping, transport, and delivery fees, which are charged extra, as specified on the website and calculated prior to the placement of the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice will be issued by La Bastide d’Isalinore and given to the Client upon delivery of the ordered Products.
Article 4 - Orders
It is the Client's responsibility to select the Products they wish to order on the website www.labastidedisalinore.fr by clicking on the "Add to Cart" icon and then clicking on the "Order" icon.
Product offers are valid as long as they are visible on the website, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Client’s responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website www.labastidedisalinore.fr constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute related to payment for a previous order.
The Client will be able to track the progress of their order on the website.
Article 4 Bis - Customer Area - Account
In order to place an order, the Client is invited to create an account (personal space). To do this, they must register by filling out the form that will be provided at the time of their order and commit to providing sincere and accurate information regarding their personal details and contact information, particularly their email address.
The Client is responsible for updating the information provided. They are informed that they can modify this information by logging into their account.
To access their personal space and order history, the Client must identify themselves using their username and password, which will be communicated to them after registration and are strictly personal. The Client is prohibited from disclosing this information. Otherwise, they will remain solely responsible for its use.
The Client may also request their unsubscription by going to the dedicated page in their personal space or by sending an email to contact@labastidedisalinore.fr. This will take effect within a reasonable time frame.
In case of non-compliance with the General Terms and Conditions of Sale and/or use, the website www.labastidedisalinore.fr will have the option to suspend or even close a Client's account after a formal notice sent electronically that remains ineffective.
Any account deletion, regardless of the reason, results in the complete deletion of all personal information of the Client. Any events due to a force majeure circumstance that result in a malfunction of the website or server, and any interruptions or modifications for maintenance purposes, do not engage the Seller's liability.
The creation of the account constitutes acceptance of these General Terms and Conditions of Sale.
Article 5 - Payment
Payment is made by credit card through a secure payment method.
The price is payable in full by the Client at the time of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in the banking transactions made on the website www.labastidedisalinore.fr.
The Client guarantees La Bastide d’Isalinore that they have any necessary authorizations to use the chosen payment method at the time of order confirmation.
Payments made by the Client will not be considered final until La Bastide d’Isalinore has effectively received the amounts due.
La Bastide d’Isalinore reserves the right to suspend or cancel any order and/or delivery, of any nature or execution level, in case of non-payment of any amounts owed by the Client or in the event of a payment incident.
In the event of total or partial non-payment for the products by the due date indicated on the invoice, the Client must pay La Bastide d’Isalinore a late penalty equal to the legal interest rate.
Article 6 - Deliveries
La Bastide d’Isalinore has chosen Mondial Relay and the Colissimo service from La Poste to deliver its clients.
The Products ordered by the Client will be delivered in Metropolitan France or to any other destination for which the service is available.
Deliveries take place within an average timeframe that can range from 48 hours to 10 days depending on the address and country provided by the Client at the time of their order on the website and depending on the chosen transportation provider (Mondial Relay or Colissimo).
Delivery consists of transferring physical possession or control of the Product to the Client. Unless otherwise stated or in the case of unavailability of one or more Products, the ordered Products will be delivered all at once.
La Bastide d’Isalinore commits to making every effort to deliver the products ordered by the Client within the aforementioned deadlines. However, these deadlines are given as indicative.
If the ordered Products have not been delivered within thirty days after the indicative delivery date, for any reason other than force majeure or the fault of the Client, the sale may be resolved at the written request of the Client under the conditions provided in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded to them no later than fourteen days following the contract termination date, excluding any compensation or retention.
Deliveries are handled by an independent carrier (Mondial Relay or Colissimo) to the address provided by the Client at the time of the order, which the carrier can easily access.
The Client is obliged to verify the condition of the delivered products. They have a period of 7 days from delivery to file complaints by email to the following address: contact@labastidedisalinore.fr, accompanied by all relevant supporting documents (photos in particular). After this period and if these formalities have not been respected, the Products will be deemed to conform and free from any apparent defect, and no complaint will be validly accepted by the Seller.
La Bastide d’Isalinore will refund or replace as soon as possible and at its expense, the delivered Products for which defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these Conditions of Sale.
The transfer of risks of loss and deterioration will only take place when the Client physically takes possession of the Products. Therefore, the Products travel at the Seller's risks unless the Client has chosen the carrier themselves. In this case, the risks are transferred at the moment the item is handed over to the carrier.
Article 7 - Transfer of Ownership
The transfer of ownership of the Products from the Seller to the Client will only take place after full payment of the price by the Client, regardless of the date of delivery of said Products.
Article 8 - Right of Withdrawal
According to the provisions of Article L221-18 of the Consumer Code, "the consumer has a period of fourteen days to exercise their right of withdrawal from a distance contract, following a telephone solicitation or off-premises, without having to justify their decision or incur any costs other than those provided in Articles L. 221-23 to L. 221-25."
The right of withdrawal can be exercised using the withdrawal form expressing the desire to withdraw, by postal mail sent to La Bastide d’Isalinore, 3, rue Victor Renard 59000 Lille, or by email to the following address: contact@labastidedisalinore.fr, attaching this duly completed form.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing for their resale as new, along with the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted for return. Return shipping costs are borne by the Client.
Exchange (subject to availability) or refund will be processed within 14 days from the receipt by the Seller of the Products returned by the Client in the conditions set forth in this article.
Article 9 - Liability and Guarantees
The products offered by La Bastide d’Isalinore comply with the current French legislation and are guaranteed in accordance with the provisions of the Consumer Code and the Civil Code as reproduced below.
Provisions Relating to Legal Guarantees
- Article L217-4 of the Consumer Code
“The seller is obliged to deliver a good that is in conformity with the contract and is responsible for compliance defects existing at the time of delivery. They are also responsible for compliance defects resulting from packaging, assembly instructions, or installation when these have been charged to them by the contract or carried out under their responsibility.”
- Article L217-5 of the Consumer Code
“The good is in conformity with the contract if:
1° It is suitable for the usual expected use of a similar good and, where applicable:
- It corresponds to the description given by the seller and possesses the qualities that they presented to the buyer in the form of a sample or model;
- It possesses the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer, or their representative, especially in advertisements or labeling;
2° Or if it has the characteristics defined by common agreement between the parties or is suitable for any special use sought by the buyer, that has been communicated to the seller and that the latter has accepted.”
- Article L217-12 of the Consumer Code
« “The action resulting from a compliance defect is subject to a limitation period of two years from the delivery of the good.”»
- Article 1641 of the Civil Code
“The seller is liable for hidden defects in the sold item that render it unfit for the use for which it was intended, or that diminish that use so much so that the buyer would not have purchased it, or would have paid a lesser price had they known of them.”
Any product that has been resold, altered, modified, or transformed is not covered by the warranty.
The warranty is limited to the replacement or refund of non-conforming products or those affected by a defect. It is excluded in the event of improper use or abnormal use of the product, as well as in the case where the product does not comply with the legislation of the country in which it is delivered.
The replacement of products does not extend the warranty period.
Article 10 - Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of products by the Seller and for their transmission to third parties for the purpose of product delivery. These personal data are collected solely for the execution of the sales contract.
10.1 Collection of Personal Data
The personal data collected on the website www.labastidedisalinore.fr are as follows:
When creating the Client/user account: names, surnames, postal address, phone number, and email address.
In the context of payment for products offered on the website www.labastidedisalinore.fr, it records financial data related to the Client/user's bank account or credit card.
10.2 Recipients of Personal Data
Personal data are used by La Bastide d’Isalinore and its co-contractors for the execution of the contract and to ensure the effectiveness of the sales service and delivery of the products.
The category/categories of co-contractors are:
- Transport providers
- Payment service providers
10.3 Data Controller
The data controller is La Bastide d’Isalinore, in the sense of the "Data Protection Act" and, from May 25, 2018, Regulation 2016/679 on the protection of personal data.
10.4 Limitation of Processing
Unless the Client expresses their express consent, their personal data will not be used for advertising or marketing purposes.
10.5 Data Retention Period
La Bastide d’Isalinore will retain the collected data for a period of 5 years, covering the period of limitation for the applicable contractual civil liability.
10.6 Security and Confidentiality
La Bastide d’Isalinore implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alteration, destruction, and unauthorized access.
However, it should be noted that the internet is not a completely secure environment, and La Bastide d’Isalinore cannot guarantee the security of the transmission or storage of information on the internet.
10.7 Implementation of Clients' and Users' Rights
In accordance with applicable regulations regarding personal data, Clients and users of the website www.labastidedisalinore.fr have the following rights:
- They can update or delete their data in the following way: by logging into their account, in the account settings tab.
- They can delete their account by writing to the following email address: contact@labastidedisalinore.fr.
- They can exercise their right of access to know the personal data concerning them by writing to the email address: contact@labastidedisalinore.fr or to the following postal address: La Bastide d’Isalinore 3, rue Victor Renard 59000 Lille.
- If the personal data held by La Bastide d’Isalinore are inaccurate, they can request the updating of this information by sending an email to contact@labastidedisalinore.fr or by writing to the following postal address: La Bastide d’Isalinore 3, rue Victor Renard 59000 Lille..
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following address: La Bastide d’Isalinore 3, rue Victor Renard 59000 Lille.
- Finally, they may object to the processing of their data by La Bastide d’Isalinore.
These rights, as long as they do not contradict the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller (La Bastide d’Isalinore), whose contact details are provided above.
The Data Controller must respond within a maximum period of one month. If the request is denied, the Client must be informed accordingly. The Client is informed that in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.
The Client may be asked to check a box indicating their agreement to receive informative and advertising emails from La Bastide d’Isalinore. They will always have the option to withdraw their consent at any time by contacting La Bastide d’Isalinore (contact details above) or by following the unsubscribe link.
Article 11 - Intellectual Property
The entire website, including its structure and content (texts, tables, graphics, images, photographs, videos, sounds, databases, applications, and software), is protected by copyright and intellectual property rights of La Bastide d'Isalinore or its suppliers and service providers.
Any representation, reproduction, adaptation, modification, or unauthorized exploitation is prohibited and may constitute an infringement under Articles L. 335-2 and following of the Intellectual Property Code.
Article 12 - Applicable Law - Language
These General Terms and Conditions and the operations derived from them are governed by and subject to French law.
These General Terms and Conditions are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.
Article 13 - Disputes
For any complaints, please contact La Bastide d’Isalinore by mail at 3, rue Victor Renard 59000 Lille or by email: contact@labastidedisalinore.fr.
The Client is informed that they may in any case resort to conventional mediation, with existing sector mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
The Client is also informed that they may resort to the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home
All disputes concerning the purchase transactions concluded under these General Terms and Conditions, which have not been amicably resolved between the Client and La Bastide d’Isalinore or through mediation, will be submitted to the competent courts under common law conditions.
ANNEX I - Withdrawal Form
ANNEXE I Formulaire de rétractation
Date ______________________
Le présent formulaire doit être complété et renvoyé uniquement si le Client souhaite se rétracter de la commande passée sur www.la-bastide-disalinore.fr sauf exclusions ou limites à l'exercice du droit de rétractation suivant les Conditions Générales de Vente applicables.
A l'attention de
La Bastide d'Isalinore
3, rue Victor Renard 59000 Lille
Je notifie par la présente la rétractation du contrat portant sur le bien ci-dessous :
- Commande du : .................................................
- Numéro de la commande : ...........................................................
- Nom du Client : ...........................................................................
- Adresse du Client : ....................................................................................................................................
Signature du Client