General Terms and Conditions
Article 1 - Scope
1-2. It is previously specified that these conditions exclusively govern sales made by the company COGNAC TENDANCES of products offered on the cognactendances.fr website.
1-2. These products are sold new. They are reserved for individuals.
1-3. The CUSTOMER declares that he has the capacity to conclude this contract,
that is to say, have the legal majority or the authorization of their legal representative,
and not be subject to any protective measures.
1-4. Any order by the CUSTOMER on the SITE implies the prior, express and unreserved acceptance of the General Conditions of Sale (“GTC”) by the latter, to the exclusion of any other document in contradiction with these GTC.
Validation of the order constitutes acceptance of these General Terms and Conditions.
1-5. The invalidity of any of the clauses of these T&Cs, for whatever reason, will in no way affect the validity of the other clauses of the T&Cs.
1-6. The fact that COGNAC TENDANCES does not take advantage,
at any given time of any of the clauses of these General Terms and Conditions,
cannot be interpreted as a waiver to avail itself subsequently
of any of the said conditions.
Article 2 - Price
2-1. The prices of the products offered on the SITE are indicated in euros, all taxes included (TTC), excluding processing and shipping costs.
2-2. COGNAC TENDANCES reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of validation of the order by the CUSTOMER.
2-3. Promotion codes cannot in principle be combined, unless otherwise stated.
2-4. The products remain the property of COGNAC TENDANCES until full payment of the price by COGNAC TENDANCES.
Article 3 - Payment
Payment for the CUSTOMER's purchases is made by bank cards: Visa, Master Card, or Paypal system or any other payment system offered at the time of online payment.
Article 4 - Order
4-1. Orders are placed on the Internet on the SITE.
It is up to the Customer to select the Products he wishes to order on the Site, according to the following methods:
Validation of the Order placed by the Customer on the Site is subject to
comply with the process described below:
4-1-1. Product Selection
On the Site, the Customer, after having read all the pre-contractual, technical and commercial information, the identification and quantity of the Products subject to the Order, these products are added to his virtual shopping basket
(hereinafter the “Basket”).
The Customer can freely modify the Basket, delete a Product initially selected, modify the quantities ordered or add a Product.
Placing a product in the Basket does not ensure any reservation on this product until payment for this product has been made.
4-1-2. Confirmation of Products and validation of the Order
The Customer who has completed his selection, validates the composition of his Basket.
The Customer also selects the delivery method of his choice as well as the delivery cost which is calculated by COGNAC TENDANCES before any order is placed and before any payment.
The Customer checks the summary of the Order which is offered to him by COGNAC TENDANCES.
The Customer is fully informed that COGNAC TENDANCES can verify and analyze orders placed.
COGNAC TENDANCES cannot furthermore bear any responsibility in the event of embezzlement or fraudulent use of any means of payment which has not been detected by this verification procedure.
The confirmation of the Order sent to the customer by COGNAC TENDANCES will be archived by COGNAC TENDANCES and considered as proof of the sale and in particular of its date, price, products and quantities.
The Order is automatically archived by COGNAC TENDANCES and the customer can have access to it upon simple written request.
Unless proven otherwise, the data recorded by COGNAC TENDANCES constitutes proof of all transactions between the customer and COGNAC TENDANCES.
The contractual information is presented in French, and where applicable in one or more other languages, and is subject to confirmation at the latest when the order is validated by the customer.
This is an order with obligation to pay, which means that placing the order implies immediate payment by the customer.
The sale will only be considered final after confirmation has been sent to the customer, acceptance of the order by email and after receipt of the full price.
In any case, the registration of an order on the Site is carried out
when the customer accepts these General Terms and Conditions by checking the box provided for this purpose and validates his order.
The customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance.
COGNAC TENDANCES reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
4-2. A written order confirmation will be sent to the CUSTOMER by email, to the email address provided by the CUSTOMER.
Article 5 - Availability
5-1. COGNAC TENDANCES is a retailer and is not intended to sell the products offered in large quantities.
Consequently, COGNAC TENDANCES reserves the right to refuse orders for the same product in large quantities from 3 identical items.
5-2. COGNAC TENDANCES product offers are valid as long as they are visible on the SITE, while stocks last. In the event of product unavailability after the customer has placed the order, COGNAC TENDANCES will inform them by email. The customer's order will then be automatically canceled and the customer will be immediately refunded if their account has been debited.
Article 6 - Delivery
6-1. Terms
6-1-1. Products purchased on the site are delivered in mainland France at the pricing conditions presented before any order is placed.
6-1-3. The shipping time is a maximum of three (3) working days, unless a specific deadline is indicated directly on the item sheet concerned. For delivery, it is necessary to add the delivery time which varies depending on the carrier and the country where the place of delivery is located. The delivery time is communicated to the customer before placing their order.
6-1-4. The products are delivered to the delivery address that the customer indicates during the order process in accordance with the above-mentioned delivery times.
6-1-5. When the customer orders several products at the same time and they have different delivery dates, the delivery time is based on the later date.
COGNAC TENDANCES, however, reserves the right to split shipments.
Participation in processing and shipping costs will only be charged for a single shipment.
6-2. Delay
6-2-1. In the event of a shipping delay, an email will be sent to the customer to inform them.
6-2-2. In the event of late delivery, COGNAC TENDANCES will offer the customer a new delivery date.
However, in the event of late delivery, the customer may cancel the order by registered letter with acknowledgment of receipt or by email to the following address: cognactendances@gmail.com , if, after having requested, according to the same terms and conditions , COGNAC TENDENCIES to make delivery within a reasonable additional time, the latter was not executed within this time.
6-2-3. If delivery has not taken place on the date COGNAC TENDANCES receives the written notice informing it of the customer's decision to cancel their order, COGNAC TENDANCES will reimburse all sums paid by the customer, no later than fourteen (14) days following this date.
6-2-4. If delivery still took place after the date of receipt
by COGNAC TENDANCES in writing informing him of the customer's decision to cancel his order, COGNAC TENDANCES will reimburse all sums paid by the customer, at the latest within fourteen (14) days following this date under subject to return by the customer and receipt by COGNAC TENDANCES of the product complete and in its original condition.
6-2-5. COGNAC TENDANCES invites the customer to call Customer Service for any questions or in the event of a problem.
6-3. Reservations upon receipt of the product
6-3-1. Upon receipt of his order, the customer is required to carefully check
the condition of the package and products.
6-3-2. The customer must notify the carrier, by extrajudicial act or by registered letter, of any reservations about the delivered product (for example: damaged package, already opened, etc.) within three (3) working days from the date of receipt of the products.
6-3-3. When the customer personally takes delivery of the products and the carrier does not justify having given him the opportunity to actually check the good condition of the package and the products, the aforementioned period is extended to ten (10) days.
6-3-4. At the same time, in the event of a defect noted when unpacking the product or in the event that the delivered package is damaged, the customer must quickly contact customer service with a view to exchanging or refunding the product.
6-3-5. Any refunds for products whose defect is noted by the customer upon unpacking or whose package is damaged will be made as soon as possible and at the latest within 14 days following the date on which the right was exercised.
6-3-6. Reimbursement will be made upon proposal from COGNAC TENDANCES by credit to its bank account or Paypal.
The customer can opt for another method of reimbursement than that proposed.
No cash on delivery will be accepted for any reason.
6-3-7. Any advantages obtained during the purchase will be canceled in the event of return of the product accompanied by a reimbursement of said product.
Article 7 - Transfer of risks
Any risk of loss or damage to the goods is transferred to the consumer at the moment when the latter or a third party designated by him, and other than the carrier offered by COGNAC TENDANCES, takes physical possession of these goods.
Article 8 - Guarantees and liability
8-1. Guarantees
The Products supplied to the non-professional customer benefit automatically and without additional payment, in accordance with legal provisions:
-
The legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order;
-
The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit
-
for the use for which they are intended, under the conditions and according to the methods referred to in the box below.
When acting as a legal guarantee of conformity, the non-professional client:
-Benefits from a period of two years from the delivery of the product to act
against COGNAC TENDANCES;
-Can choose between repair or replacement of the Product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code;
-Is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the product, except for second-hand goods, the deadline for which is extended to six months.
The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover the Product.
The non-professional Customer may decide to implement the guarantee against hidden defects in the product within the meaning of article 1641 of the civil code and in this case, he may choose between canceling the sale or reducing the sale price. in accordance with article 1644 of the civil code.
8-2. Responsibility
8-2-1. The products sold on the site comply with the regulations in force in France.
8-2-2. COGNAC TENDANCES cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered (for example, in the event of a ban on a product, etc.).
It is up to the customer to check with local authorities the possibilities of importing or using the products he plans to order.
8-2-3. Photos are for illustrative purposes. COGNAC TENDANCES invites the customer to refer to the description of each product to find out its precise characteristics.
In case of doubt or to obtain additional information, the customer can contact COGNAC TENDANCES at the email address: cognactendances@gmail.com
8-2-4. The customer is solely responsible for the use for which he intends the products he purchases from MCOGNAC TENDANCES and he assumes responsibility for choosing the products he wishes to purchase among those offered by COGNAC TENDANCES. Consequently, COGNAC TENDANCES cannot under any circumstances be held responsible for the inadequacy of the products it has sold with the use made of them by the customer or for any damage resulting from the use of the products, caused to property. and/or people.
8-2-5.COGNAC TENDANCES is only responsible for the content of the pages it publishes.
COGNAC TENDANCES declines all responsibility for technical difficulties that customers may encounter on the site, whatever the cause, as well as in the event of damage caused to their computer equipment due to use of the site.
8-2-6. Hypertext links may refer to websites other than the site, COGNAC TENDANCES disclaims all responsibility in the event that the content of these websites contravenes the legal and regulatory provisions in force.
Furthermore, COGNAC TENDANCES points out that any creation of a hypertext link to the home page of this site or any other page of the site is subject to the express, prior and written agreement of COGNAC TENDANCES.
8-2-7. In the event of a professional purchase, COGNAC TENDANCES will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, loss of opportunity, damage or costs, which could arise as a result of the purchase of products.
8-2-8. In any event, COGNAC TENDANCES cannot be held liable in the event that the non-performance of its obligations and/or the delay in their execution is attributable either to the customer or to the unforeseeable and insurmountable act of a third party, or in a case of force majeure as defined by French law.
Article 9 - Right of withdrawal
9-1. In accordance with the legal provisions in force (articles L.221-18 et seq. Consumer Code), the customer has a withdrawal period of fourteen days from the day of receipt of the order, without having to justify a reason. , nor to pay any penalty.
To exercise his right of withdrawal, the customer can express his desire to withdraw unequivocally by sending an email to the following address: cognactendances@gmail.com.
9-2. The customer returns or returns the product concerned, in its original condition and packaging allowing its marketing, without undue delay and, at the latest, within fourteen (14) days following communication of his decision to withdraw. The product will be accompanied by a copy of its purchase invoice.
9-3. Any product damaged or showing any trace of use other than those necessary to establish its nature, characteristics and proper functioning will be refused by COGNAC TENDANCES.
9-4. COGNAC TENDANCES cannot be held responsible for the loss or damage of returned packages.
9-5. When the right of withdrawal is exercised and subject to the correct return of the product, COGNAC TENDANCES reimburses the customer for the totality of the sums paid, without undue delay and at the latest within fourteen (14) days from the date on which she is informed of the customer's decision to withdraw.
9-6. COGNAC TENDANCES reserves the right to defer reimbursement until recovery of the product concerned or until the customer provides proof of shipment, the date chosen being that of the first of these events.
9-7. COGNAC TENDANCES is not required to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered by MELLE JULIE LOU.
9-8. Reimbursement will be made on the proposal of COGNAC TENDANCES by credit to its bank account or by bank check addressed to the name of the customer who placed the order and to the billing address. The customer can opt for another method of reimbursement than that proposed. No cash on delivery will be accepted for any reason.
9-9. Any advantages obtained during the purchase will be canceled in the event of return of the product accompanied by a reimbursement of said product.
Article 10 – PERSONAL DATA
COGNAC TENDANCES is aware of the importance of ensuring the confidentiality of personal data and undertakes to protect them in accordance with the regulations in force on the protection of personal data, applicable in Europe and in France.
This privacy policy aims to inform you about the commitments and practical measures taken by COGNAC TENDANCES to ensure that your personal data is respected when using the site.
10-1. Purposes of the collection
The processing implemented by COGNAC TENDANCES through our site meets one or more explicit, legitimate and specific purposes.
We process your personal data to respond to your requests, process your orders, promote our relationship and improve our services.
The treatments implemented by COGNAC TENDANCES meet the following purposes:
- Respond to your requests relating to our products or our company
(product question, customer service, etc.).
- Handle your technical requests regarding the operation of the site.
- Subscribe to our Newsletter.
10-2. Data collected
This data concerns your identity, the subject of your request, your order and the means of contacting you to respond to your requests and/or process your order.
The mandatory or optional nature of the data you provide is informed to you during collection. Providing certain data is mandatory only when it is necessary for us to process your request and respond to you in a relevant manner.
COGNAC TENDANCES ensures that it only collects and processes data strictly necessary for the purposes of the processing carried out.
We never ask for so-called sensitive information (racial or ethnic information, political opinions, religious or philosophical opinions, trade union membership, health, sexual orientation) and we advise you not to provide such data when using the Site. However, if you choose to include so-called sensitive information in your free comments (particularly relating to allergies or skin reactions), it will be transmitted, as is, under your sole responsibility and at your sole initiative, to our services or partners. to process your request.
10-3. Recipients of collected data
Your personal data is only used by people identified and authorized to process your request. Depending on the request, this may involve our consumer service, our marketing service, our quality service, our purchasing service, our consumer service as well as our partners authorized under a contract, to certain outsourced services such as shipping your order.
We draw your attention to the use of “social network” buttons. The main use of these “social network” buttons is to allow you to be redirected to our page on the corresponding social network.
Clicking on the button of one of the social networks may result in your personal data being collected by the social networks concerned even before COGNAC TENDANCES has collected your personal data.
We invite you to be vigilant and consult the personal data protection policies of these social networks in order to be aware of the information that is collected by these sites and applications before being sometimes only partially transmitted to COGNAC TENDANCES as well as the purposes of use of your data, in particular for advertising purposes. You can sometimes configure access and confidentiality of your data directly on the social networks used.
The use of these “social network” buttons is at your initiative and under your entire responsibility. COGNAC TENDANCES is not responsible for the processing of your data which will be carried out by these third-party social networks.
10-4. Data retention
The data of users of the Site is kept for three (3) years from the last contact of COGNAC TENDANCES with you.
At the end of these periods, this data will be irreversibly anonymous in accordance with the regulations in force or deleted (depending on what is declared in the register).
10-5. Security
COGNAC TENDANCES ensures the security and confidentiality of your personal data by implementing data protection reinforced by the use of physical and logical security means.
10-6. Your rights
In accordance with the applicable legislation relating to the protection of personal data, you have a right of access, rectification, deletion, opposition and a right to portability relating to all data concerning you. You also have the right to limit processing using your personal data. Everyone also has the right not to be subject to individual decision-making based exclusively on automated processing such as profiling. If you have consented to the processing of personal data you can withdraw your consent at any time. These rights are exercised according to the terms and conditions provided for in the Contact article.
You also have the right to define directives relating to the fate of your personal data after your death. And you have the right to appeal to the National Commission for Information Technology and Liberties (“CNIL”).
10-7. Contact
For all requests for information regarding the personal data protection policy implemented by COGNAC TENDANCES, or the exercise of your rights, you can contact us by email at: cognactendances@gmail.com or by post at:
COGNAC TRENDS
85, rue Aristide Briand
16100 COGNAC- FRANCE
Tel: 07.82.78.48.89
To exercise your rights referred to above, your request must be accompanied by a copy of your identity document.
10-8. Cookies
A cookie is a small data text file or piece of information that can be stored on your computer and that a website can send to your browser to be stored on your computer as a tag, identifying your computer without indicating your name . It is neither an executable program nor a virus. A cookie file contains information such as user IDs, as well as information about your journey through the site. A cookie cannot read information from your hard drive, nor can it read other cookie files created by other sites.
We use the following cookies:
- Navigation cookies: these cookies allow you to personalize your navigation throughout our Site;
- Persistent cookies: these cookies do not allow us to identify you but essentially have statistical purposes and should allow us to improve the quality of presentation of our information;
- Sharing cookies: certain functionalities of the Site rely on services offered by third-party sites. These features place cookies allowing these sites to track your browsing. These cookies are only placed if you give your consent. You can find out about the nature of the cookies placed, accept or refuse them either globally for the entire site and all services, or service by service;
- Audience measurement cookies: these cookies allow us to obtain information on the traffic generated by the site. We are thus able to determine the use you make of the information made available to you on this site, as well as to verify the relevance of our navigation pattern with its information.
COGNAC TENDANCES does not correlate cookies with any personal information you may have provided, and does not sell this information to a third party. You can refuse cookies, or be informed when a site wants to write a cookie by adjusting your browser preferences. Refuse a cookie through your browser software or terminal
Your browser can be configured to notify you of the cookies that are placed on your terminal and ask you to accept them or not, on a case by case basis, or systematically refuse them once and for all.
You can choose to deactivate all or some cookies at any time. Your browser can also be configured to notify you of cookies placed on your terminal and ask you to accept them or not (on a case by case basis or in full). We remind you, however, that deactivating all cookies will prevent you from using our Site under normal conditions, with the exception of basic functions.
If you are using the Explorer browser: click on the Tools button, then Internet Options. On the General tab, Browsing History, click Settings. Then click Show Files and select the cookie(s) you want to disable. Then close the window that contains this list of cookies and click OK twice to return to the Internet.
If you use the Firefox browser: click on the Firefox Menu icon, then on the Tools button, then Options; in the window that appears, choose Privacy and click on Delete Specific Cookies. Select the cookies you want to disable and then delete them.
If you use the Safari browser: click the Settings button, then Preferences. In the window that appears, choose Privacy/Security, and click Show Cookies. Select the cookies you want to disable then click Clear or Clear All.
If you are using the Chrome browser: click the Google Chrome menu icon, then Settings. At the bottom of the page, click Show advanced settings. In the Privacy section, click Content Settings.
To disable cookies, select Block all sites from storing data, click Cookies and Site Data, then hover over the site that created the cookie, and click the X in the right corner, or click All DELETE.
10-9. Data protection policy update
The confidentiality policy may be modified or adapted at any time. In the event of a modification, the new confidentiality policy will be notified at the time of connection to the Site.
Article 11 - Intellectual property
11-1. All texts, comments, works, illustrations, works, photographs and images reproduced or represented on the SITE are the exclusive property of COGNAC TENDANCES on the one hand and are protected by the relevant provisions of the Intellectual Property Code on the other hand.
11-2. Any use or reproduction of these elements is strictly prohibited, without the express, prior and written consent of COGNAC TENDANCES.
11-3. The company names, brands and distinctive signs reproduced on the site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the owner of the brand.
Article 12 - Applicable law and competent jurisdiction
12-1. These General Conditions of Sale, all acts and operations carried out hereunder as well as the rights and obligations of the parties hereto are exclusively governed by French law.
12-2. In the event of a dispute with professionals and/or traders, the Lille Commercial Court has jurisdiction.
12-3. In the event of a dispute with consumers, it will be applied
rules of common law.