PREAMBLE

 

1.1. SCOPE OF APPLICATION

These general terms and conditions of sale, along with the "Legal Notice," are applicable to the online shopping website Histoire de Provence, offering the sale of products from the Histoire de Provence brand intended for delivery in Europe (countries of the European Union), excluding post office boxes and overseas departments and territories.

Any order on the Histoire de Provence online store constitutes full and unconditional acceptance of these terms and conditions by the customer making a purchase. These terms and conditions can be printed and are accessible from all pages of the website.

These terms and conditions may be subject to changes at any time, with the applicable terms being those accepted by the customer when placing an order.

 

1.2. DEFINITIONS

• "GTC": refers to these general terms and conditions of sale and their annexes.

• "Site": refers to the Histoire de Provence website and all its pages.

• "Product(s)": refers to the products of the Histoire de Provence brand available and sold on the Histoire de Provence online store.

• "Customer(s)": refers to the internet user, consumer or non-professional, placing an order for Product(s) on the Site.

• "Consumer(s)": refers to any adult natural person who purchases the Products for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.

• "Non-professional": refers to any legal person purchasing the Products for non-professional purposes.

• "Territory": refers to the European Union (excluding French overseas departments and territories) and all delivery countries listed on the Site.

1.3. CUSTOMER INFORMATION

Histoire de Provence sells products online to consumers and non-professionals.

Sales are made at retail for strictly personal use. The Seller reserves the right not to deliver any order that appears to contradict personal or non-professional needs, especially regarding the volume of products ordered, even if the order was initially validated on the Site.

The opening of a customer account and the use of the Site are reserved for individuals with the legal capacity to enter into contracts. Placing an order on the Site is a declaration by the Customer that they are legally capable. Histoire de Provence cannot be held responsible if a minor or incapacitated person purchases a product on the Site without supervision or authorization.

For any questions regarding your order, Histoire de Provence provides the Customer with a customer service that can be contacted through our contact form: [contact form link](insert link).

 

1.4. PRODUCT INFORMATION

The products offered for sale on the Site are described and presented with the greatest possible accuracy (specifications, illustrations, size, composition).

However, differences in appearance between the delivered Products and the photographs and illustrations on the Site do not constitute non-compliance with the delivered Product.

Furthermore, depending on the Customer's equipment, especially the graphic settings of the screens used, the illustrations and photographs on the Site may differ from the actual Products.

Histoire de Provence reserves the right to correct errors or omissions and to change or update information at any time without notice.

 

1.5. PRICE INFORMATION

The prices applied are those listed on the Site at the time of the order.

The Customer is informed that prices are subject to change. Therefore, the Customer is invited to pay attention to the price in effect at the time of the order, which is brought to their attention when the product is placed in the shopping cart.

Prices will be displayed in Euro (€) including VAT and do not include the delivery costs of the order (hereinafter the "Delivery Costs"). VAT is indicated. These delivery costs will be indicated to the Customer on the cart validation page as well as on the order summary page, before validation and payment of the order.

 

2. ORDER

 

2.1. ORDER PROCESS

The Customer can create their customer account by completing a registration form. The Customer undertakes to provide accurate information and keep it up to date. Histoire de Provence cannot be held responsible for the inaccuracy of information provided by the Customer, especially if it causes errors in delivery. The customer account provides access to a personal space allowing, among other things, order tracking.

However, ordering is also possible as a guest.

The Customer is invited to select the chosen products and add them to the shopping cart by clicking on the "add to cart" button. At any time, the Customer can delete products on the shopping cart preview page by going to the "cart" icon available on all pages of the Site at the top right.

The Customer is invited to check the summary of their order by clicking on the "cart" button. At this stage, they can check the details of their order, identify any errors in data entry, and correct them. On this page, the Customer can also estimate their shipping costs by indicating the delivery country and region or department.

To finalize their order, the Customer must confirm their shipping and billing address or provide a new delivery address for the Territory and/or billing.

After validating the cart by clicking on the "continue payment" button, the Customer can then pay either as a guest or log in to their account and proceed with payment.

If the Customer has chosen to order as a guest, they must then enter their payment information. If the Customer has already created a customer account and has logged into the Site through this account, this information can be automatically retrieved from their account only if it had been saved after the Customer's agreement.

Once the payment is confirmed, the Customer receives an order confirmation email.

The Customer formally accepts the use of email for Histoire de Provence to confirm the content of the order.

 

2.2. PRODUCT AVAILABILITY

Product offers are valid within the limits of available stocks.

Indications regarding product availability are provided at the time of placing the order, on the Product page. If, despite Histoire de Provence's vigilance, the ordered products are no longer available, Histoire de Provence informs the Customer by any means (phone call or email) as soon as possible.

Depending on the announced delivery times, the Customer can either maintain their order or cancel it.

The amount corresponding to the unavailable Product(s) will not be debited from the Customer's bank account.

 

2.3. ORDER CANCELLATION

Once the order has been validated and paid for, it cannot be canceled under any circumstances.

Histoire de Provence reserves the right to refuse to honor the order in the event of a dispute with the Customer until the dispute is resolved.

To protect its customers against any attempt at electronic fraud, Histoire de Provence reserves the right to refuse to ship orders from untraceable or free email addresses.

Histoire de Provence also reserves the right to refuse to ship orders containing invalid phone numbers.

 

3. PAYMENT

Payment for the order is made at the time of the order only by credit card. Cards from the Carte Bleue, Visa, and Mastercard networks are accepted.

Histoire de Provence has implemented a secure payment system for any order placed on the Site. Payments are made on an external platform through a payment service provider – Hipay – implementing 3D Secure measures.

The Customer must enter their credit card number, expiration date, and CVV code.

Following the validation of their payment, the Customer will be redirected to a 3D secure page asking them to enter a code received by the Customer according to the 3D secure modalities agreed with their bank. Once the transaction is validated, the customer will be redirected to the Histoire de Provence Site and their order will be confirmed.

 

4. OWNERSHIP RESERVATION AND TRANSFER OF RISKS

Histoire de Provence reserves ownership of the products until full payment of the price.

The Customer assumes the risks of deterioration and loss of the Products, as well as the responsibility for any damage they may cause, upon delivery, and all risks of transporting the Products in the event of a return.

 

5. PERSONAL DATA

The Customer, and more generally any user of the Site, may be required to provide personal data to Histoire de Provence, especially when creating a customer account, placing order(s), subscribing to the Newsletter, etc. Histoire de Provence, through trackers and computer tools, can collect user connection data, such as IP address or connection time.

Histoire de Provence is attentive to respecting the privacy of its Customers and Site users.

Histoire de Provence implements technical solutions to protect the confidentiality of data and pays special attention to ensuring that only employees whose functions require it have knowledge of the personal data of Site users and customers.

The data collected is for the purpose of processing purchases made by the Customer and shipping order(s). It may be used for advertising and promotional purposes if the Customer's prior consent has been given (for example, sending promotional emails after subscribing to the Histoire de Provence Newsletter).

Some data is necessary for the execution and delivery of orders. The Customer is never obliged to provide them, but Histoire de Provence may not be able to fulfill the requests of the Customer who does not provide them. Information necessary for the execution and delivery of orders, such as the postal address, is also communicated to the carrier.

In any case, and in accordance with the provisions of the General Data Protection Regulation and the Data Protection Act, the Customer has the right to access the data concerning them. They can view, modify, delete, or request portability of the data.

To do this, the Customer must express their desire to access, modify, or delete their information, and they must identify themselves to Histoire de Provence through the contact form: [contact form link].

Histoire de Provence reserves the right to condition access to personal data on the presentation of a valid identification document.

 

6. INTELLECTUAL PROPERTY

Histoire de Provence is the owner of the domain name "www.histoire-de-provence.com."

The Site is a work of the mind protected by intellectual property rights, including copyright. The site as a whole, as well as the products sold on it, and each of the elements that compose it (such as films, photographs, logos, trademarks, designs or models, texts, structures, software, animations, illustrations, diagrams) are the exclusive property of Histoire de Provence, which is solely authorized to use the intellectual property rights associated with it.

The use of all or part of the site, especially by downloading, reproduction, transmission, representation, or distribution, is strictly prohibited. Violation of these provisions subjects you to penalties provided by law.

When using a "share" function offered on the site to introduce a product from the Histoire de Provence brand, you acknowledge and agree that the shared content should be used only for purely personal use, excluding any commercial use on websites or internet pages and/or any other digital media for commercial purposes.

The creation of hyperlinks to the site can only be done with the prior written authorization of Histoire de Provence, which authorization may be revoked at any time. All sites with a hyperlink to the site are not under the control of Histoire de Provence, and it therefore disclaims all responsibility (including editorial responsibility) regarding access and content on these sites.

Histoire de Provence is free to modify, at any time and without notice, the content of the site.

 

7. APPLICABLE LAW / DISPUTES

These GTC are subject to French law and applicable to any dispute arising between Histoire de Provence and the Customer.

In the event of a dispute regarding the Histoire de Provence online store, the Customer will first contact Histoire de Provence to seek an amicable solution.

Otherwise, French courts will have territorial jurisdiction to hear any dispute.

8. PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having been informed, before placing their order, in a readable and intelligible manner of these GTC.

They acknowledge that the information referred to in Article L221-5 of the Consumer Code has been communicated to them, including:

• the essential characteristics of the Product;

• the price of the Product;

• delivery costs;

• the identity of the seller, C.I.R, its activity, and its contact details;

• information about the collection and processing of personal data;

• information about warranties;

• information about the consumer's right of withdrawal and how to exercise it;

• other important contractual conditions.

[Shipping methods mentioned at the end]

Shipping methods mentioned at the end:

• Sent by COLISSIMO to a Pickup Point,

• Sent by UPS.