These Terms and Conditions of Sale are entered into between :
Les Homs du Larzac
e-mail : firstname.lastname@example.org
Here referred to as "aromatiques-homs.com"
The Internet users who wish to buy goods on the "aromatiques-homs.com" website, hereinafter referred to as "the customer".
These Terms and Conditions govern the sale of all products displayed on the "aromatiques-homs.com" website by Aromatiques d'Homs.
The aromatiques-homs.com website is hosted by OVH, 2 rue Kellermann - 59100 Roubaix - France.
The parties hereby agree that their relationship shall be exclusively governed by this agreement, to the exclusion of any other conditions.
The items on sale shall not be the subject of any transfer, of any nature whatsoever.
The products on sale on the aromatiques-homs.com website can be purchased in the following countries: Metropolitan France, Monaco, Austria, Belgium, Denmark, Finland, Germany, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, Switzerland, the United Kingdom, to the exclusion of all others.
aromatiques-homs.com reserves the right to amend the list of these countries at all times.
All orders duly validated on the aromatiques-homs.com website imply full, unreserved agreement with these Terms and Conditions of Sale and, if they exist, the special conditions or conditions specific to one or more products or orders.
The purpose of these Terms and Conditions is to define the mutual obligations of the parties in addition to the different stages of the ordering process.
1.1 - Legal age
You, and the recipient in the case of a gift, must be of legal age to purchase and accept alcohol both in the country where you place the order and the destination country. We suggest that you check with your local authority to make sure that you will not be breaking any local laws by ordering alcohol from us. In France it is illegal for any person under the age of 18 to buy, or attempt to buy, alcohol for themselves or for any other person under the age of 18. Please be advised that the legal age varies in different countries.
2.1 - aromatiques-homs.com is a website designed to sell the items resulting from the Aromatiques d'Homs trademark.
The items displayed on the website are available while stocks last. In consequence, aromatiques-homs.com does not, under any circumstances, guarantee the continued sale of products during a given period.
Any claim made by the customer concerning the order or the delivery of an item that is no longer available shall be deemed groundless.
In this event, aromatiques-homs.com undertakes to contact, by email or telephone, any customer who has ordered an item that is no longer available.
2.2 –The products on sale are described and displayed in the most accurate manner possible.
Nevertheless, the photographs illustrating the products, are non-contractual. aromatiques-homs.com shall not be held liable under any circumstances if any errors occur.
3.1 – The prices of our products are indicated in euros, inclusive of VAT, excluding a contribution to post and packing.
In the event of an order to a country other than Metropolitan France, the buyer is deemed to be the importer of the product(s) concerned.
For all products sent outside Metropolitan France, the price shall be automatically calculated without post and packing on the bill.
Customs duties or other local taxes or import duties or state taxes may be payable. aromatiques-homs.com is not concerned by these duties and taxes. They shall be met by the customer who hereby accepts complete responsibility for them, both in terms of declarations and payment to the authorities and/or competent bodies in the country of the buyer.
We recommend you contact your local administrative organisations in order to obtain full details. aromatiques-homs.com reserves the right to alter its prices at all times. However, the products shall be billed on the basis of the prices in force at the time of recording the order. Title in the products remains with aromatiques-homs.com until full payment of the prices.
3.2 – The VAT included is the French VAT at the rate in force for the products concerned. Should the rate of VAT be altered, these changes may be passed on to the price of the articles without the customer being informed beforehand.
3.3 – The goods are delivered as quickly as possible after the order has been made, notwithstanding any Acts of God or event of force majeure which might delay delivery and which is beyond the control of aromatiques-homs.com. Furthermore, the seller reserves the right to cancel all or part of the orders made by the buyer in the event of shortcomings on the part of its suppliers and in the event of force majeure. The buyer shall be duly informed and will have the amount paid when ordering reimbursed, as quickly as possible.
3.4 –The products are delivered to the delivery address which the buyer has indicated when ordering.
3.5 - aromatiques-homs.com handles its deliveries in partnership with "La Poste" (French Post Office) (Colissimo Suivi). This service enables fast deliveries throughout France and provides you with the possibility of retrieving the ordered products at the nearest Post Office to the delivery address should you not be at home when the postman calls. If you are not at home, your postman will leave a notification of visit in your letterbox enabling you to pick up your parcel at your Post Office during opening hours, within a period of fifteen days. Colissimo Suivi is a very reliable service. However, as with all forms of delivery, the delivery may be delayed or the parcel could go missing. aromatiques-homs.com shall, under no circumstances, accept liability for such events. Should the parcel be damaged by the Post Office, you must write down your complaint and make the standard statements in order to make an insurance claim.
3.6 – Returning items
In order to benefit from the "cooling off" clause, the buyer must return the product in perfect condition at his/her own expense, intact in its original packing, with the bill, within 7 (seven) days (with effect from the date of receiving items).
4.1 – The customer interested in an article displayed on the aromatiques-homs.com website undertakes the following process in order to make his/her order.
After having clicked on the "Buy" icon and having checked the specific features of the order (colour, quantity, price, size, etc.), the customer validates the choice of the product or products chosen by clicking.
4.2 – Terms of payment: the customer may pay directly by bank card on the site. The amount of bank card payments is limited to 300 euros inclusive of VAT. Above this sum, it is possible to pay for your order by bank transfer by making a request to aromatiques-homs.com.
The customer validates his/her order in a binding and irrevocable manner with the effects indicated below.
The customer validates his/her address, the product and the total price. The customer provides the bank card number and its expiry date.
Lastly, the customer validates his/her order by clicking on the "Validate" button.
Validating is deemed to correspond to sale and irrevocably binds both parties.
4.3 – aromatiques-homs.com shall acknowledge receipt of the order immediately after it has been validated, by email.
4.4 – Ordering by cheque :
The customer may order by bank cheque up to an amount of €100 (orders from France only). The customer only has to send a signed cheque with the order number written on the back, made out to Aromatiques d'Homs, and send it to the following address:
Les Homs du Larzac
12230 Nant - FRANCE
The order shall be handled upon receipt of the cheque.
We hold back the items for a maximum of five working days following the order being made on the website. After this period, items for which payment has not been made shall be put back on sale.
5.1 –In order to ensure payment security, the aromatiques-homs.com website uses the secure payment service.
This service has the SSL security standard built in. The confidential data (the bank card sixteen-figure number, the expiry date and the visual cryptogram) are directly encoded onto the server without passing through the aromatiques-homs.com server physical media.
5.2 – When the order is validated :
The payment request is routed in real time on the secure remote payment manager. This sends an authorisation request to the bank card network. The remote payment manager issues an electronic certificate.
6.1 – For all payments by bank card on the aromatiques-homs.com website, the electronic certificate delivered by the remote payment manager shall be deemed to correspond to proof of the amount and the date of the order, in accordance with the provisions in articles 1316 et seq of the Code Civil (Civil Code).
In this respect, the date and the time of the server shall prevail between the parties.
6.2 – In all cases, the act of validating the order shall be deemed to correspond to a signature and express acceptance of the transactions carried out on the website.
When the order is being processed, personal data concerning the consumer are collected. The consumer hereby accepts being aware of this fact. In accordance with the laws No.78-17 of 6 January 1978 and 2004-801 of 7 August 2004, the consumer is entitled to access and rectify these data.
The information collected on this website, in this questionnaire, is only used and is solely the subject of external communication for management requirements only or to comply with legal and regulatory obligations. The vendor takes all the necessary measures to ensure the security of the files. It undertakes, for example, in accordance with article 29 of Law No. 78-17 of 6 January 1978 relating to data processing, files and liberties, to ensure that the online process of collecting bank details intended to process the sales transactions concerning physical or digital products sold by aromatiques-homs.com has efficient and legal procedures for securing payments, intended to prevent unauthorised third parties from intercepting data, access them, deform or divert them for their profit.
8.1 – For all the stages of accessing the site, viewing it, completing forms, making orders, delivering items or any other service aromatiques-homs.com only has duty of care.
8.2 – In consequence, aromatiques-homs.com shall not be held liable for all the disadvantages or damage inherent to the use of the Internet which are completely extraneous to the efforts and precautions taken by aromatiques-homs.com
In particular, aromatiques-homs.com. declines all liability for any disruption in the supply of the service, or any external intrusion or existence of computer virus.
8.3 – Similarly, all acts described as events of force majeure pursuant to the case law of the Cour de Cassation (Court of Cassation) totally exonerates aromatiques-homs.com from all liability.
aromatiques-homs.com hereby declares that its address for service is as follows:
Les Homs du Larzac
12230 Nant - FRANCE
All the components of the aromatiques-homs.com website, (visuals or technology) are the excusive property of aromatiques-homs.com.
10.2 – A user who has a personal website and who wishes to put a simple link on his/her website going directly to the Home Page of the aromatiques-homs.com website must request the prior authorisation of aromatiques-homs.com. This shall not be considered to be an implicit agreement of affiliation.
At all events, any link, even tacitly authorised, must be withdrawn if aromatiques-homs.com requests it.
11.1 – The language of these Terms and Conditions is English.
11.2 – Each party may issue all necessary proceedings, with express jurisdiction being awarded to the courts of the town of Rodez.
N.B : These Terms and Conditions may be amended at all times without notice.