Terms and Conditions
ARTICLE 1 - Scope of Application
The Present General Conditions of Sale (referred to as "GCS") apply, without restriction or reservation, to all sales concluded by the Seller mentioned below to professionals and individuals (referred to as "the Customers or the Customer"), wishing to acquire the Products offered for sale (referred to as "the Products") by the Seller on the website www.vanillagousse.com
The Products available for sale on the website are:
Spices and Vanilla from Madagascar
The primary features of the Products, including specifications, illustrations, indications of dimensions or capacity, are presented on the website www.vanillagousse.com The Customers should review and acquaint themselves with these details prior to making a purchase.
The selection and purchase of a Product are the sole responsibility of the Customer.
The Product offers are valid within the limits of available stock, as specified during the ordering process.
Ces CGV sont accessibles à tout moment sur le site www.vanillagousse.com et prévaudront sur tout autre document.
By checking the box provided for this purpose, the Customers acknowledge that they have read the GCS and accepted them, before implementing the online ordering procedure on the website www.vanillagousse.com
Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute the proof of all transactions concluded with the Customers.
The seller:
The Seller’s Contact Information are as follows:
SAN Holding
23 Rue Louis Pouey, 92800 Puteaux
Numéro d’immatriculation : 929 886 810 R.C.S. Nanterre
TVA intracommunautaire : FR00929886810
Email : contact@vanillagousse.com
Tel.: +33 6 65 18 81 86
Les Produits présentés sur le site www.vanillagousse.com sont proposés à la vente pour les territoires suivants : Union européenne et Moyen d’Orient.
En cas de commande vers un pays autre que l’Union européenne et Moyen d’Orient, le Client est l’importateur du ou des Produits concernés.
ARTICLE 2 - Prices
The Products are provided at the prices shown on the website www.vanillagousse.com at the time of order registration by the Seller.
The Prices are listed in Dollars including VAT.
The prices incorporate any applicable discounts that are offered by the Seller on the website www.vanillagousse.com
These prices are fixed and are not subject to revision during the validity period of the discounts. However, the Seller has the right to modify the prices at any given time, outside the discount period.
The prices do not include the costs of processing, shipping, transportation, and delivery, as they are charged separately, under the conditions indicated on the website and calculated prior to order placements.
The payment requested from the Customer corresponds to the total amount of the purchase including these fees.
An official invoice can be issued by the Seller and provided to the Customer upon delivery of the ordered Products. This can be requested via the “Contact Us” form on the website.
ARTICLE 3 – Orders
It is the responsibility of the Customer to select the Products they wish to order on the website www.vanillagousse.com, according to the following procedures:
The offers and discounts on the Products are valid as long as they are visible on the website, and within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order before confirmation.
Toute commande passée sur le site www.vanillagousse.com constitue l’établissement d’un contrat conclu à distance entre le Client et le Vendeur.
The Seller has the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
ARTICLE 4 – Payment Conditions
The price is payable in full by the Customer on the day of placing the order.
Payment by credit card.
The price is payable in full by the Customer on the day of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the website www.vanillagousse.com
Payments made by the Customer will only be considered final after effective receipt by the Seller of the amounts due.
The Seller is not required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5- Deliveries
The Products ordered by the Customer will be delivered to Metropolitan France or to the following area (s): The European Union and the Middle East.
In France, the deliveries occur within a period of ten days to the address provided by the Customer upon ordering on the website.
For orders that need to be delivered outside of France, the delivery process follows the conditions and dispatch schedules set by the specific country to which the order is being shipped to.
The delivery process is considered complete when the Customer receives the physical Product or gains control over it. Unless special circumstance arise or in the event of unavailability of one or more Products, the ordered items will be delivered in a consolidated shipment.
The Seller commits to exerting diligent efforts to ensure the timely delivery of the Products ordered by the Customer, within the specified timeframes mentioned above.
In case the ordered Products are not delivered within thirty days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer, under the conditions stipulated in Articles L 216 – 2, L 216 – 3, and L 241 – 4 of the consumer code. The amounts paid by the Client shall be refunded to them no later than fourteen days following the date of contract termination, excluding any form or indemnification or deduction.
In the event of a specific request from the Customer regarding the packaging or transportation conditions of the ordered Products, duly accepted in writing by the Seller, the associated costs shall be subject to additional and specific invoicing, based on a prior written quotation accepted by the Customer.
Customers are required to inspect the delivered Products. They have a period of fourteen days from the delivery date to submit any claims via email, accompanied by all relevant documentation (including pictures). In the event that they surpass this period and fail to adhere to these formalities, the Products shall be deemed conformant and free from apparent defects, therefore no claims shall be validly accepted by the Seller.
Assuming that a Product is proven non-conformant by the Customer, in according with the provisions set forth in Articles L 217 – 4 of the Consumer Code, and those stipulated in the GCS, the Seller shall refund or replace the delivered Products at his own expense and without delays.
The risk of loss and deterioration shall be transferred when the Customer receives the physical Products. Therefore, the Seller assumes the liability for the risk of Product transportation unless the Customer personally selects the carrier. In this case, the risks are transferred upon delivery of the Products to the carrier.
ARTICLE 6 – Transfer of Ownership
Ownership of the Products shall be transferred from the Seller to the Customer upon full payment of the price by the latter, regardless of the delivery date of the Products.
ARTICLE 7 – The Right of Withdrawal
Considering the nature of the Products sold, the orders placed by the Customers do not benefit from the right of withdrawal.
The contract is therefore concluded definitively upon the order placement by the Customer, in accordance with the terms specified in the present GCS.
ARTICLE 8 – The Liability of the Seller – Warranties
The Products provided by the Seller benefit from:
- The legal warranty of conformity, for defective, damaged, or non-conformant Products.
- The legal warranty against hidden defects arising from irregularity in materials, design, or manufacturing affecting the delivered Products, rendering them unfit for use.
Provisions Regarding Legal Warranties:
Article L217- 4 of the Consumer Code
“The Seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when the contract assigns this responsibility to the Seller, or when the Seller undertakes the responsibility for it”.
Article L217 – 5 of the Consumer Code
“The Product is conformant to the contract:
1° If it meets the standards and expectations for how similar Products are typically used, when applicable:
- If the Product corresponds to the description given by the Seller and possesses the qualities that the Seller has presented to the buyer in the form of a sample or model;
- If the Product possesses the qualities that the buyer can reasonably expect in light of public statements made by the Seller, the manufacturer, or their representative, particularly in advertising or labelling.
2° If it possesses the characteristics agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the attention of the Seller, and accepted by the latter”.
Article L217 – 12 of the Consumer Code
“The right to take legal action regarding non-conformity will no longer be valid after a period of two years from the delivery of the Products”.
Article 1641 of the Civil Code
“The Seller is liable for any hidden defects found in sold Products that render them unfit for the intended use or that diminish their use to such an extent that the buyer would not have acquired them, or would have paid a lower price, had they been aware of these defects”.
Article 1648, Paragraph 1 of the Civil Code
“The actions resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the defect”.
Article L217 – 16 of the Consumer Code
“When the buyer requests from the Seller a repair that is covered by the warranty, during the course of the commercial warranty granted to them upon the acquisition or the repair of a movable asset, a period of immobilization lasting at least seven days shall be added to the remaining duration of the warranty. This period shall start from the date of the buyer’s request for intervention or from the date of availability of the asset that needs to be repaired, if such availability occurs after the request for intervention”.
In order to assert their rights, the Customers must inform the Seller, in writing (via email or postal service) of the non-conformity of the Products or the existence of hidden defects upon their discovery.
The Seller will refund, replace, or repair the Products or parts under warranty that are deemed non-conformant or defective.
The shipping costs will be refunded based on the prices in the invoice, and the return costs will be reimbursed upon presentation of receipts.
Refunds, replacements, or repairs of Products deemed non-conformant or defective will be carried out promptly and no later than fourteen days following the Seller's acknowledgment of the lack of conformity or hidden defects. This reimbursement may be made via bank transfer or bank cheques.
The Seller shall not be liable in the following cases:
- In the event of failure to comply with the legislation of the country to which the Products are delivered, which remains the responsibility of the Customer to verify.
- In the event of misuse, professional application, negligence, or lack of maintenance by the Customer, as well as cases of normal wear and tear of the Products, accidents, or force majeure.
- In the event of depiction of non-contractual pictures and graphics on the website, which shall not Impose liability on the Seller.
The Seller's warranty is strictly confined to the replacement or reimbursement of Products found to be non-conformant or defective.
ARTICLE 9 – Personal Data
The Customers are informed that the collection of their personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sale contract.
9.1 Collection of Personal Data
Les données à caractère personnel qui sont collectées sur le site www.vanillagousse.com sont les suivantes :
Upon ordering:
When ordering Products the information collected are:
Customer’s First Name, Last name, Postal Address, Phone Number, and Email address.
Upon Payment:
Dans le cadre du paiement des Produits proposés sur le site www.vanillagousse.com celui-ci enregistre des données financières relatives au compte à la carte de crédit du Client / utilisateur.
9.2 Recipients of Personal Data
The Seller and its service providers use the collected data for the execution of the contract and to ensure the efficiency of the sales and delivery service of the Products.
The Category/Categories of Service Provider /Providers is/are:
- Transport Service Providers
- Payment Processing Establishments
- Business Partners
9.3 Data Control
The Seller is responsible for controlling the data, as defined by the Data Protection Act and by the Regulation 679/2016 concerning the protection of personal data that becomes effective as of May 25, 2018.
9.4 Limitations of Data Processing
The personal data collected will not be used for advertising or marketing purposes unless the Customer provides explicit consent.
9.5 Data Retention Period
The Seller shall retain the collected data for a period of five years, covering the duration of the applicable contractual civil liability prescription.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical measures in digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet does not provide absolute security, and the Seller cannot guarantee the security of transmission or storage of information over the internet.
9.7 Implementation of Customer and User Rights
En application de la règlementation applicable aux données à caractère personnel, les Clients et utilisateurs du site www.vanillagousse.com disposent des droits suivants :
- Ils peuvent mettre à jour ou supprimer les données qui les concernent de la manière suivante :
- Sur simple demande via nos coordonnées de contact.
- Ils peuvent supprimer leur compte en écrivant à l’adresse électronique contact@vanillagousse.com
- Ils peuvent exercer leur droit d’accès pour connaître les données personnelles les concernant en écrivant à l’adresse électronique contact@vanillagousse.com
- Si les données à caractère personnel détenues par le Vendeur sont inexactes, ils peuvent demander la mise à jour des informations des informations en écrivant l’adresse électronique contact@vanillagousse.com
- Ils peuvent demander la suppression de leurs données à caractère personnel, conformément aux lois applicables en matière de protection des données en écrivant à l’adresse électronique contact@vanillagousse.com
- The right to request the portability of their data held by the Seller to another provider.
- The right to request the portability of their data held by the Seller to another provider.
Ces droits, dès lors qu’ils ne s’opposent pas à la finalité du traitement, peuvent être exercés en adressant une demande par courrier ou par E-mail e électronique contact@vanillagousse.com
The data controller must provide a response within a maximum period of one month.
In the event of refusal to comply with the Customer’s request, the reason for refusal must be provided.
The Customer is informed that, in the case of refusal, they may bring the matter to a judicial authority or file a complaint with the CNIL (National Commission on Informatics and Liberty), address: 3, Fontenoy Square, 75007 Paris.
The Customer is informed that, in the case of refusal, they may bring the matter to a judicial authority or file a complaint with the CNIL (National Commission on Informatics and Liberty), address: 3, Fontenoy Square, 75007 Paris.
ARTICLE 10 – Intellectual Property
The content of the website www.vanillagousse.com is the property of the Seller and its partners, and is protected by French and International laws regarding intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
ARTICLE 11 – Applicable Law – Language
The risk of loss and deterioration shall be transferred when the Customer receives the physical Products. Therefore, the Seller assumes the liability for the risk of Product transportation unless the Customer personally selects the carrier. In this case, the risks are transferred upon delivery of the Products to the carrier.
The present GCS are drafted in the French language. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
ARTICLE 12 – Disputes
In case the Customers have any complains, they are invited to contact the Customer service at the postal address or email of the Seller indicated in ARTICLE 1 of these GCS.
In the event of a dispute, the Customers are informed that they may resort to conventional mediation, through existing sectorial mediation bodies, or any alternative dispute resolution method (such as conciliation).
