General Conditions of Sale
General Conditions of Sale
These general terms and conditions of sale (hereinafter referred to as: GTC) are offered by the Company BAZIMEE SAS Maison Drans, a company with capital of 15,000 euros, registered with the RCS of Le Mans under number 841 195 126 whose main activity is: Manufacture of biscuits, rusks and preserved pastries, and whose head office is located at 2 rue de la Briqueterie, 72300 Sablé-sur-Sarthe, hereinafter referred to as "BAZIMEE SAS Maison Drans".
Mr. Antoine PELLETIER is the President of the company BAZIMEE SAS and Alexandra PELLETIER is the General Manager, in charge of the Publication of the Site www.maisondrans.com. Contact email: contact@maisondrans.com Contact telephone number: 09 67 20 78 46.
The Site www.maisondrans.com is hosted by the company SQUARESPACE.
Website: http://www.squarespace.com/
Placing an order implies full acceptance of these General Terms and Conditions.
BAZIMEE SAS Maison Drans reserves the right to adapt or modify these T&Cs, available on its website at any time without notice. These modifications are binding from the time they are posted online.
The applicable T&Cs are those in effect on the day of the order.
The consumer declares that he is of legal age and has full legal capacity to enter into a commitment under these general terms and conditions of sale.
1/ PREAMBLE
The Site www.maisondrans.com is an online sales site for products manufactured or not by the company BAZIMEE SAS Maison Drans.
These General Conditions of Sale (hereinafter the “GCS”) govern all use of the services accessible from the Site www.maisondrans.com.
Each User guarantees to the company BAZIMEE SAS Maison Drans the truthfulness and accuracy of the information provided during the Order placing process.
Each User acknowledges being legally capable and being a non-commercial adult natural person acting for their personal needs.
The User declares and acknowledges having read and accepted without reservation all of these General Terms and Conditions. If the User fails to check the box provided for this purpose before the final validation of his Order, he will not be able to place an Order on the Site.
BAZIMEE SAS Maison Drans reserves the right to modify these T&Cs at any time, partially or totally.
Any User is deemed to accept the current version of the T&Cs each time they log on to the Site.
For the User who has placed an Order on the Site, only the version of the T&Cs in force at the time of payment confirmation may be binding on them.
During each Order, the General Terms and Conditions are communicated in the confirmation email sent by the company BAZIMEE SAS Maison Drans to the User, in a format that allows them to be printed.
BAZIMEE SAS Maison Drans cannot guarantee in any way that the services offered on its Site will not be interrupted. The obligation to provide the Site is limited to an obligation of means.
The liability of the company BAZIMEE SAS Maison Drans cannot be incurred in the event of damages linked to the temporary impossibility of accessing the services offered on its Site.
2/ DEFINITIONS
“Site”: means the site www.maisondrans.com published by the company BAZIMEE SAS Maison Drans.
“User” or “You”: means any natural person who uses the Site and/or who places an Order on the Site.
“Order”: means any purchase validated by the company BAZIMEE SAS Maison Drans made on the Site by a User.
3/ ACCESS TO WEBSITE
The website www.maisondrans.com is in principle accessible 24/7, except for interruptions, scheduled or not, for maintenance purposes, suspension of activity or force majeure. Being in fact subject to an obligation of means, BAZIMEE SAS Maison Drans cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the site.
4/ PLACING ORDERS
The contractual information and details of the Order are presented in French and are summarized before the final and definitive validation of the Order.
BAZIMEE SAS Maison Drans reserves the right to refuse any Order from a User with whom there is a dispute relating to a previous Order.
BAZIMEE SAS Maison Drans also reserves the right to refuse any Order presenting an abnormal quantity of the same product.
To place an Order, the User must follow the following online purchasing process:
- The Customer must clearly identify the selected products with the references indicated on the BAZIMEE SAS Maison Drans Site.
- The Customer must also indicate the quantities requested.
- The Customer must provide the essential information for their identification (name, first name) as well as an email address and a telephone number where BAZIMEE SAS Maison Drans can contact them in order to enable the ordering and delivery process.
- The Customer must clearly indicate the information necessary for delivery. This concerns in particular the precise delivery address as well as any accessibility restrictions at the place of delivery.
The delivery address that the Customer indicates when ordering must be as precise as possible (building number, floor number, digital code, etc.), in order to allow the delivery person to bring their order to them in the best conditions and as quickly as possible. BAZIMEE SAS Maison Drans cannot be held responsible in the event of a failure or impossibility of delivery due to incorrect or incomplete information.
Orders placed online via the website www.maisondrans.com are collected regularly during the day, from Tuesday to Saturday (morning only). BAZIMEE SAS Maison Drans processes all orders recorded since the last collection during the day.
5/ CONFIRMATION OF THE ORDER
After placing an order on the website www.maisondrans.com, BAZIMEE SAS Maison Drans sends an e-mail to the Customer confirming the elements of his order. This e-mail constitutes acceptance of the Customer's order by BAZIMEE SAS Maison Drans and thus forms the sales contract.
Orders may be checked by the sales department of BAZIMEE SAS Maison Drans. In this case, the consumer is notified by email or telephone of the supporting documents to be returned in order to obtain final validation of his order. BAZIMEE SAS Maison Drans reserves the right to cancel the order in the event of non-receipt of these supporting documents or receipt of supporting documents deemed non-compliant within a maximum period of 3 working days after the check.
6/ AVAILABILITY OF PRODUCTS
Product offers are valid as long as they are visible on the Site and within the limits of available stocks.
In the exceptional case where the ordered product is unavailable after validation of an Order, the User will be informed as soon as possible by email or telephone. BAZIMEE SAS Maison Drans will then offer the choice of:
- exchange the ordered product with another product offered on the Site. In the event of a price difference, the User will be immediately reimbursed for the difference or will have to pay a surplus equivalent to the price difference;
- cancel his Order. BAZIMEE SAS Maison Drans then undertakes to reimburse the User within a maximum period of thirty (30) days from the day on which his bank account was debited.
In the case of an Order consisting of several products, the User may not request the cancellation of the entire Order, on the grounds that one of the products ordered is unavailable.
The exchange or cancellation of an unavailable product therefore does not affect the entire contract concluded between the User and the company BAZIMEE SAS Maison Drans, which continues to produce its effects with regard to the available products.
7/ STORAGE OF PRODUCTS
Any deterioration of the product cannot be attributed to BAZIMEE SAS Maison Drans if the storage conditions or consumption deadlines have not been respected by the customer in accordance with the instructions of BAZIMEE SAS Maison Drans.
8/ CONFORMITY OF OFFERS
Elements such as photographs, texts, graphics, information and characteristics illustrating the products presented are not contractual. Consequently, BAZIMEE SAS Maison Drans cannot be held liable in the event of an error or omission, or in the event of modification of these elements.
9/ PRODUCT INFORMATION
BAZIMEE SAS Maison Drans presents on its website the products for sale as well as their detailed descriptions allowing compliance with article L 111-1 of the consumer code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products he wishes to purchase.
All products sold by BAZIMEE SAS Maison Drans comply with current European Community legislation and standards applicable in France.
10/ ORDER DEADLINES
Orders must be placed directly via the website www.maisondrans.com, 24/7.
11/ CONTRIBUTION TO DELIVERY COSTS
Participation in shipping and packaging costs is at least €6.90, for delivery in mainland France and Monaco.
12/ DELIVERY
Products ordered on the Site are sent directly by the company BAZIMEE SAS Maison Drans.
Delivery times vary depending on the geographic area indicated by the User during the Order placing process.
Delivery times are given for information purposes only and have no contractual value.
Deliveries are made to the delivery address indicated by the User during the Order process and are limited to mainland France.
The products purchased by the Customer will be delivered in mainland France and Monaco within a maximum of 7 working days to the address indicated by the Customer when ordering on the website. Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go. Deliveries are provided by an independent carrier.
In the event that the address provided is inaccurate, causing a delay or non-delivery of the order, neither the potential delivery service provider nor BAZIMEE SAS Maison Drans may be held responsible. BAZIMEE SAS Maison Drans recommends that its Customer confirms with precision its exact contact details and address (building number, floor number, digital code, etc.), in order to allow the delivery person to bring the Customer's order in the best conditions and as quickly as possible.
BAZIMEE SAS Maison Drans cannot be held responsible in the event of delivery being impossible due to incorrect or incomplete information or if access to the premises is impossible for the delivery person.
In the event of the absence of the Customer, or of any person mentioned when ordering and likely to receive the order placed, BAZIMEE SAS Maison Drans cannot be held responsible for the non-receipt by the customer of the order and the amount of the order cannot be subject to any compensation or reimbursement.
In the event of a material error in the delivery address indicated by the User during the Order process, the liability of the company BAZIMEE SAS Maison Drans cannot be incurred in the event of impossibility of delivery or delay in delivery.
In the event that it is informed by the carrier that delivery is impossible, due to an error in the address indicated during the ordering process, the company BAZIMEE SAS Maison Drans will endeavour to contact the User, so that they can provide them with a new delivery address as soon as possible.
Any additional delivery costs will then, where applicable, be charged to the User who must pay them immediately.
In the event of delivery by a carrier requiring an appointment with the User, the company BAZIMEE SAS Maison Drans cannot be held responsible for a delay or impossibility of delivery due to the repeated unavailability of the User.
Any delay in delivery cannot give rise to cancellation of the Order or to any compensation.
However, if the delivery time is exceeded by seven (7) days, the User may terminate the online sales contract by sending BAZIMEE SAS Maison Drans a registered letter with acknowledgement of receipt within 60 working days from the date of delivery of the product indicated in the Order confirmation email. In accordance with the provisions of Article L. 114-1 of the Consumer Code, the contract will then be considered terminated upon receipt of the registered letter, unless delivery occurred between the sending and receipt of this registered letter.
In the event of cancellation of the contract due to a delivery delay of more than seven (7) days, the User will be reimbursed by the company BAZIMEE SAS Maison Drans within thirty (30) days from the cancellation of the online sales contract.
In the event of a delivery error unrelated to the User and not due to force majeure, the costs of returning and reshipping the Order will be borne by BAZIMEE SAS Maison Drans. The case where a package is indicated as delivered by the transport provider, while the customer indicates that he has not received his package, cannot give rise to the cancellation of the Order or to any compensation from BAZIMEE SAS Maison Drans. However, a complaint will be opened with the transport provider to obtain a delivery certificate. In the event that this certificate is not provided by the transport provider, BAZIMEE SAS Maison Drans will reimburse the order within a maximum of thirty (30) days.
The case where the contents of a package are damaged or missing must be justified by photos (showing the package number and the general condition of the latter). A complaint will then be opened with the transport provider. We invite the customer to refuse a package that appears damaged from the outside.
13 / PRICES AND PROMOTIONS
The prices of the products displayed on the Site are indicated in euros and are understood to include all taxes, excluding participation in delivery costs.
The company BAZIMEE SAS Maison Drans may at any time modify the prices of the products it offers on its Site.
The products are always invoiced on the basis of the prices indicated by the company BAZIMEE SAS Maison Drans at the time of confirmation of the Order.
The prices indicated at the time of confirmation of the Order then include delivery costs, which may vary depending on the Craftsmen.
Payment is made on the Site www.maisondrans.com by credit card (Visa, Carte Bleue, Mastercard) or PayPal.
The company BAZIMEE SAS Maison Drans guarantees the reliability of transactions, the Users' banking data being encrypted as soon as they are entered.
The company BAZIMEE SAS Maison Drans does not at any time hold the bank details of Users, which are only and temporarily kept by PayPal.
The sale is considered concluded upon acceptance of payment by Stripe or PayPal and receipt by the User of a confirmation email issued by the company BAZIMEE SAS Maison Drans.
In the event that a User's bank card is used by a third party or a minor, the Order validated by the company BAZIMEE SAS Maison Drans cannot be cancelled.
In the event of late payment, we reserve the right to undertake a recovery procedure which may result in the late payment being published on the rubypayeur.com website.
Conditions relating to BAZIMEE SAS Maison Drans promotional codes:
For the offer to apply, the promo code must be entered on the "Cart Details" page at checkout. To apply the promo code, enter it in the "If you have a promo code, enter it below" field and click "Ok".
Each code has a limited lifespan and number of units available. This will be specified to you at the time of the promotion.
Promo codes cannot be applied to orders that have been placed previously.
The prices on the site are indicated in euros, all taxes included (TTC). They are applicable when the consumer validates the order. The prices are subject to French VAT, i.e. 5.5%. Any change in the legal rate of this VAT will be reflected in the price of the products presented on the BAZIMEE SAS Maison Drans site, on the date stipulated by the implementing decree referring to it.
14/ PAYMENT METHODS
The accepted payment method is bank card or PayPal. Payments are collected upon receipt and validation of the order by the consumer.
The Customer is notified by email of the information concerning his order. Full payment must be made when ordering. At no time can the amounts collected be considered as deposits or down payments. BAZIMEE SAS Maison Drans reserves the right to refuse to honor an order from a consumer who has not fully paid a previous order, or with whom a payment dispute remains.
The consumer must guarantee to BAZIMEE SAS Maison Drans that he has the necessary authorizations to use the payment method he chooses when validating the order form.
BAZIMEE SAS Maison Drans reserves the right to suspend any order management in the event of refusal of payment authorization by financial institutions. BAZIMEE SAS Maison Drans has set up an order verification procedure to ensure that no person uses another person's bank details without their knowledge. However, the consumer remains advised that BAZIMEE SAS Maison Drans cannot be held responsible for any embezzlement or fraudulent use of any means of payment that has not been detected by the verification procedure.
BAZIMEE SAS Maison Drans recommends that the Customer ensure the solvency of his payment before validating his order on the site or through a commercial operator. BAZIMEE SAS Maison Drans reminds the Customer that all payments by credit card are made through a secure system and that no credit card number is kept in its files.
15/ CHECKS ON PAYMENT METHODS
In order to prevent fraudulent use of payment methods or delivery addresses, and to further secure Customer transactions, BAZIMEE SAS Maison Drans carries out checks on orders placed by its Customers.
As part of these checks, the Client may be asked to send us administrative documents such as: proof of identity and/or proof of address (landline telephone bill, electricity, gas, water receipt), and for companies: extract from KBIS less than 3 (three) months old.
As part of these checks, if the supporting documents were not sent to BAZIMEE SAS Maison Drans or if the documents sent did not allow the identity of the author of the order and the reality of the address to be established with certainty, BAZIMEE SAS Maison Drans could not validate the order and it would then be cancelled.
Refunds corresponding to these orders could not then be made without a certain number of checks necessary for the identification of the Customer. Thus, a payment by bank card will be refunded only and directly to the customer's bank card account.
16/ TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
Unlike the transfer of ownership of the products Ordered on the Site, which is carried out upon receipt by the User of the confirmation email from the company BAZIMEE SAS, the transfer of risks is deferred until the actual receipt of the products by the User.
17/ LEGAL GUARANTEE OF CONFORMITY
Products ordered on the Site must be delivered without defects of conformity, in accordance with the provisions of Articles L. 211-4 et seq. of the Consumer Code.
Due to the nature of the products available on the Site, which are mostly artisanal and food products, the photographs of the products offered for sale on the Site are only indicative and cannot engage the responsibility of the company BAZIMEE SAS, in particular for lack of conformity.
In the event of delivery by a carrier requiring an appointment, the User must open the package upon receipt in order to check its condition. The User must immediately notify any reservations on the delivery note. Any product received without reservations will then be deemed compliant and may not give rise to the application of the legal guarantee of conformity.
If a User considers that the product(s) ordered are defective, damaged or do not comply with what was agreed in the Order, he/she must explain in writing to BAZIMEE SAS the reasons why he/she considers that he/she can rely on the legal guarantee of conformity, within two days of receipt of the package.
Any claim made outside of this two-day period cannot be taken into account.
If the complaint made in writing within this two-day period appears legitimate and not fanciful, BAZIMEE SAS will inform the User in writing, who must then return the defective or non-compliant product(s) as soon as possible to the postal address from which the shipment originated.
Any minor lack of conformity will not authorize the User to cancel the sale made.
Products must be returned in the condition in which they were received, in their original packaging and complete.
As soon as the product or products have been received by BAZIMEE SAS and if they are found to be damaged, defective or non-compliant, BAZIMEE SAS undertakes to ensure that the Craftsman replaces them as soon as possible.
The replaced products will then be reshipped to the User's delivery address, without the User being charged the delivery costs for this shipment.
If the replacement of the defective, damaged or non-compliant product(s) proves impossible, then BAZIMEE SAS will reimburse the User no later than 30 days following the date on which the User exercised his right of return in writing. This reimbursement, with the User's agreement, may be made in the form of a gift voucher.
BAZIMEE SAS undertakes to reimburse the return costs of non-compliant products upon presentation of supporting documents.
The use of the legal guarantee of conformity does not prevent the exercise of the right of withdrawal and the possible application of the legal guarantee of hidden defects as defined in articles 1641 et seq. of the Civil Code.
18/ LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
The products ordered on the Site must be free from hidden defects, that is to say that these defects must not render a product unfit for the use for which it is intended or that they reduce this use so much that the User would not have acquired it or would have paid a lower price for it if he had known about them.
The presence of hidden defects must be proven by the User, who must provide proof that the defect was prior to the sale and not apparent upon delivery of the product, in accordance with Article 1641 of the Civil Code.
According to Article 1648 of the Civil Code, an action for hidden defects must be brought within two (2) years from the discovery of the defect.
In the event that the presence of hidden defects is established, the company BAZIMEE SAS will replace or reimburse the defective product, under the conditions described in article 8 of these General Terms and Conditions.
19/ RIGHT OF WITHDRAWAL
19.1 Time limit for exercising the right of withdrawal
In accordance with the legal provisions in force and in particular articles L.121-20 et seq. of the Consumer Code, the User having placed an Order on the Site has a withdrawal period of fourteen (14) clear days from the actual receipt of the product(s) to exercise his right of withdrawal with the company BAZIMEE SAS, without having to justify reasons or pay penalties.
To inform BAZIMEE SAS of its wish to exercise its right of withdrawal, the User must, within the legal period of fourteen (14) days, contact it by email.
19.2 Conditions for exercising the right of withdrawal
Due to the particularly fragile nature of most of the products offered for sale by BAZIMEE SAS, the products must be returned in their original packaging and complete (order form, accessories, etc.), so that the right of withdrawal can be exercised. If the products are delivered with labels, these must not have been removed.
Products that have been partially or totally consumed, damaged, opened or soiled, such that they are no longer saleable, will not be taken back. They will then be reshipped at the expense of the User who will have to pay the reshipping costs.
In the event of exercising the right of withdrawal, returns must be sent to the postal address from which the shipment was sent.
The return costs will be borne by the customer and the initial shipping costs will be deducted from the refund made to the customer by BAZIMEE SAS.
19.3 Reimbursement terms
In the event of exercising the right of withdrawal, BAZIMEE SAS will reimburse the price including tax of the product(s) purchased. However, the return and shipping costs will be borne by the User.
The reimbursement of the product(s) will be made at the latest within 30 days following the date on which the User exercised his right of withdrawal.
20/ CUSTOMER SERVICE
To help the Customer choose the products best suited to their needs and expectations, the BAZIMEE SAS Maison Drans Customer Service is at their disposal via:
- Telephone: 02 43 55 61 87 (Tuesday to Thursday: 10:00-12:30 then 14:30-19:00 / Friday and Saturday: 09:30-12:30 then 15:00-19:00 / Sunday and Monday: closed)
- Email: contact@maisondrans.com
- Mail: BAZIMEE SAS House Drans, 2 rue de la Briqueterie, 72300 Sablé-sur-Sarthe
21/ INTELLECTUAL PROPERTY
All elements making up the Site (texts, comments, brands, company names, domain names, drawings, images, graphic charter, logos, photos, databases, etc.) are strictly protected by intellectual property law and are the exclusive property of BAZIMEE SAS and/or its commercial partners.
The fact that a User is able to use the Site does not imply any transfer or authorization to exploit or use any of the elements making up the Site.
Any total or partial reproduction or representation of the Site and/or one or more of its elements is strictly prohibited, except with the prior written authorization of the company BAZIMEE SAS and/or its partners.
Any User editing a website may place a hyperlink to one of the pages of the Site, provided that the content of the User's site is consistent with the brand image and spirit of BAZIMEE SAS. In any event and upon simple written request from BAZIMEE SAS, any User must remove the hyperlink to one of the pages of the Site.
22/ OPINION - TESTIMONIALS - FORUM
BAZIMEE SAS reserves the right to open a forum service accessible from its Site and/or to grant Users the possibility of publishing opinions and/or testimonials.
In such a case, BAZIMEE SAS reserves the right not to publish or to delete any opinion, testimony or comment whose content would be contrary to the law or to good morals and, generally speaking, illicit.
Any User who has published an opinion, a testimonial or a comment, accepts that the company BAZIMEE SAS can use the content for any use (advertising, derivative work, distribution, etc.) and waives free of charge any property claim on this content.
23/ HYPERTEXT LINKS
The Site may contain hypertext links to third-party sites, which are not under the control of BAZIMEE SAS.
Consequently, BAZIMEE SAS cannot be held responsible for the content of linked sites and does not guarantee that the User will be satisfied with the products and services offered by these third-party sites.
However, if a User informs BAZIMEE SAS that a link on the Site refers to a page whose content is illegal, BAZIMEE SAS will remove the link to this page.
24/ PERSONAL DATA
All information related to your order is used only by BAZIMEE SAS MAISON DRANS. This information is neither shared with third parties nor resold.
In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, all Users have the right to access, rectify and oppose personal data concerning them transmitted to the Site.
Any request in this regard must be addressed to the person responsible for processing the Site and to the following address: BAZIMEE SAS, Customer Service, 2 rue de la Briqueterie 72300 Sablé-sur-Sarthe or by sending an email to: contact@maisondrans.com
Any request must be accompanied by a photocopy of an identity document (identity card, passport, driving license) of the User.
The data controller of the company BAZIMEE SAS has a maximum period of two months following receipt of the request to respond to it.
Users' personal data is collected fairly and lawfully for security purposes, in order to comply with legal and regulatory obligations and in particular to combat fraud, in order to improve the processing and monitoring of Orders, and in order to allow Users to receive offers from the company BAZIMEE SAS.
Subject to his express agreement, the User consents to his personal data being transmitted to partner companies of BAZIMEE SAS as well as to service providers of BAZIMEE SAS, in order to receive offers and promotions from them.
BAZIMEE SAS undertakes to retain personal data for a period not exceeding that necessary to achieve the purposes for which they are collected or processed.
BAZIMEE SAS offers customers to receive a newsletter. At any time, customers can refuse to receive it by clicking on the link at the bottom of the newsletter "[unsubscribe]"
25/ COOKIES
BAZIMEE SAS reserves the right, in order to facilitate Users' navigation on the Site, to place connection witnesses (cookies or similar files) on their connection terminals.
The role of cookies is in particular to identify the User more quickly when they connect and to facilitate communication by electronic means.
BAZIMEE SAS cannot guarantee the optimal functioning of the Site if the User refuses to receive cookies.
Any User may refuse to receive cookies from the company BAZIMEE SAS, by configuring their internet browser.
26/ EVIDENCE AGREEMENT
Writing in electronic form will be an admissible mode of proof of the rights and/or obligations of the parties to these T&Cs.
27/ FORCE MAJEURE
BAZIMEE SAS cannot be held responsible for the non-performance of its obligations under these General Terms and Conditions caused by an event of a force majeure nature (irresistible, unforeseeable and external).
28/ PARTIAL NULLITY
If one or more clauses of these General Terms and Conditions are held to be invalid pursuant to a law, regulation or following a court decision that has become final, the other clauses shall retain their full force and scope.
29/ APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.