General Sales Terms & Conditions CASA NAPOLEON
General Sales Terms & Conditions
The current T&C are applicable for the online sales of the company A SETTIA (hereafter “A SETTIA (CASA NAPOLEON)” to any physical person (hereafter “the Customer”) using the following sitehttp://www.charlesantona.com(hereafter “the Site”) of Corsican food products (hereafter “the Products”) across all countries of European Union.
By ticking the box “I accept the current sales T&C” for all new order, the Customer accepts to be linked, without any limitation, by the current sales T&C and to the exclusion of any other documents including sales flyers or catalogues produced by A SETTIA (CASA NAPOLEON), having only an indicative value. Unless otherwise specified in written by A SETTIA (CASA NAPOLEON), no other specific condition can apply, outside of the current sales T&C.
Pictures non contractual.
1. Preliminary conditions of the Customer
1.1.Protection of minors against the sale of alcoholic beverages
Following the dispositions of Article L.3342-1 of the “Code de la santé publique”, it is strictly forbidden to sell any alcoholic beverages to minor of less than 18. The Customer must have the legal required capacity in the sense of Article 1.2 of the present Sales T&C. A SETTIA (CASA NAPOLEON) reserves the right to ask justification of identity when placing the order. For a clear information of the Customer : in terms of buying, each person is limited to 5 litres per day of alcohol and spirit beverages, intermediary products, wines and other fermented products, sparkling wines and beers.
1.2.Legal Capacity of the Customer
Only persons legally capable of subscribing to contracts of the offered products sold by A SETTIA (CASA NAPOLEON) can place an order. The Customer declares that he adheres to the Sales T&C and, if it is a physical person, he has the legal age majority and he is not under tutelary conditions or cartulary conditions when placing the order.
For security and/or technical reasons, the total weight of each order placed online of the Site must be at least of 2 Kg to a maximum of 15 Kg. For any order of a bigger weight, the Customer is invited to contact A SETTIA (CASA NAPOLEON) by clicking on the “Contact” link on the Site.
2. Identification of the seller
The company A SETTIA (CASA NAPOLEON), SAS with a capital of € 100 000, having seat at Panchetta, 20167 Sarrola-Carcopino, France, registered to the RCS of Ajaccio, France under number B 342 986 403 and European VAT number FR 02342986403 is represented by Mr Charles Antona.
The Customer Service is available from 9 am until 6 pm from Monday to Friday by telephone at +33 495 20 1000 or +33 95 20 55 18 or by fax at +33 495 20 38 19. You can also reach the Customer Service by email using the online form on the Site. Answer is guaranteed within 2 working days.
The Products offered for online sell by A SETTIA (CASA NAPOLEON) are the ones shown on the Site, at the day of consultation of the Site by the Customer, with limitation of available stocks. A SETTIA (CASA NAPOLEON) shows weight, quantities, components, price and any other characteristics of the Products. The purpose of those non exhaustive indications is to inform the Customer in the most complete way on the main characteristics of the products.
However, we want to bring to the attention of the Customer the fact that most of our Products are being made in an artisanal way. Therefore, the pictures or the graphic representations used to illustrate the Products have no contractual commitment from A SETTIA (CASA NAPOLEON), including differences in presentation when the Products are delivered to the Customer due to a modification of the packaging by the supplier and due to stock updates, without having any effect on the components of the Products themselves. Also, the price of the Products with a variable weight depends on the weight of the item and the weight is subject to slight variation at the time of manufacturing of the Products. The weight of the delivered Product might be smaller by a maximum of 10% compared to the weight of the Product indicated on the product description. The effective price invoiced to the Customer will include this weight variation and will correspond to the effective weight of the delivered Product. In any case, the price indicated on the product description will always be the maximum price paid by the Customer.
The description of the products presented on the Site specifies for each Product the characteristics, including in the price. Those prices in Euro are intended with all tax and expenses included, no matter the country of destination of the Products. A SETTIA (CASA NAPOLEON) reserves the rights to modify its prices at any time. However, the Products will be invoiced to the Customer on the basis of the applicable prices at the time of validation of the order.
Costs of service expenses correspond to the costs linked to the Products ordered by the Customer (VAT and other similar taxes) and the other expenses needed in the processing of the Product orders. Those prices include a participation to the order processing expenses (shipping charges and packaging of the parcel following current regulations). They also include the applicable VAT at the date of the order. Any changes in the applicable VAT rate will be reflected on the Product prices. A SETTIA (CASA NAPOLEON) would like to bring to the attention of the Customer that any item shipped outside of the European Union might be subject to various import or custom fees. The Customer commits to pay the price as well as those custom fees, VAT or any other local tax at the occasion of the importation of the Products in the country of delivery.
5.1.Access to the Site
A SETTIA (CASA NAPOLEON) as much as possible, will guarantee access to the site on a 24 x 7 basis. Its responsibility will not be engaged if the access to the Site is being suspended and it could not reasonably be held responsible, especially in case of emergency or in any other case like site maintenance, updates or technical improvements. For any order, all expenses incurred for telecommunication, access to the Site and use of it will be under the sole responsibility of the Customer.
5.2.Creation of the account
To be able to order the Products online, the Customer needs to create a customer account on the Site in which he is being asked the following information: email address, confidential password, civility, first name, last name, date of birth, delivery address, postal code. The Customer is responsible to hold his login and password. He is also responsible for the consequences of the use of his account until deactivation of it.
The Customer commits to provide exact and accurate information during the creation of his account and commits to inform A SETTIA (CASA NAPOLEON) of any changes.
A SETTIA (CASA NAPOLEON) will not be held responsible of any mistake in the information supplied by the Customer and its consequences on the delivery of the order, like a wrong delivery place creating unexpected delays.
5.3.Cancellation of the account
If the Customer fails to respect all or part of the current General Sales T&C, A SETTIA (CASA NAPOLEON) reserves the right to cancel the Customer’s account after sending an email and not receiving a reply within a 30 days period, without any penalties. In the case of fraud from the Customer, the cancellation of the account will take effect immediately without any notice period or compensation of any kind.
5.4.Placing an order
The Customer places his orders following instructions given by the Site, step by step. Before confirmation, the Customer is given an order summary, including the order details as well as the total price, which allows the Customer to correct possible mistakes. The Customer can then confirm his order by clicking the icon “Confirm Order”.
A SETTIA (CASA NAPOLEON) will then confirm receipt of the Products order by sending an automatic email to the Customer, summarizing the main order information including the list of Products, prices (VAT included) and freight charges when applicable. Any possible foreseen issues or delay regarding the order will then be notified to the Customer.
A SETTIA (CASA NAPOLEON) reserves the right to ask to the Customer any justification of address or identity. In case of delays in providing the requested documents by the Customer, A SETTIA (CASA NAPOLEON) cannot guarantee the order will be delivered in due time. In case of failure from the Customer of providing the requested documents within 48 hours, A SETTIA (CASA NAPOLEON) reserves the right to cancel the order and reimburse the Customer for the amount of the order.
5.6.Filing the contract
When the order exceeds the amount of € 120, A SETTIA (CASA NAPOLEON) will keep the written sales contract in his files for a period of 10 years and will guarantee the Customer to be able to access to it at anytime, upon request.
Following the order summary and before the order confirmation, the Customer is invited to proceed with the payment of his order. Payments on the Site are being made by Credit Cards (Credit Cards from the following networks are accepted thru PAYBOX secured payment system : Carte Bleue, Visa, Eurocard/Mastercard, American Express).
Any transmission of information related to the payment and particularly the transmission of the credit card number and its validity date are being operated thru a secure process using the protocols currently used over internet on the server of A SETTIA (CASA NAPOLEON)’s bank : THE CREDIT AGRICOLE OF CORSICA.
Any order paid by credit card is only considered effective after the relevant payment centre has given its authorization. When the order is debited, in case of irregular payment, incomplete or inexistent, for any reason, A SETTIA (CASA NAPOLEON) reserves the right to stop the delivery of the Products ordered. The Customer will be informed by email. In any case, the Products remain the entire property of A SETTIA (CASA NAPOLEON) until full payment by the Customer is confirmed.
An invoice is issued when the Products are being shipped to the Customer. In case of shipment to a third party indicated by the Customer, the invoice is sent to the Customer by email or by post mail.
Delivery of the Products takes place at the address indicated by the Customer when placing the order. In case of delivery issues due to an error from the Customer, including error in providing the correct delivery details when placing the order, A SETTIA (CASA NAPOLEON) could not be held responsible.
9. Delivery timeframe
A SETTIA (CASA NAPOLEON) commits to prepare and ship any order no later than 48 hours after order was placed and paid (outside of Sundays and bank holidays). Products are being delivered at the address indicated by the Customer on his order sheet. Orders are being delivered in France anywhere between 24 and 72 hours after order is shipped, depending on various factors of delivery, stock availability and peak season. This will be mentioned by email to the Customer. Working days do not include week ends and bank holidays. For international destinations, delivery time can vary according to the freight company and the final destination. Please see online information from La Poste or Chronospost.
In any case, delivery will have to take place within thirty days (30) from placing the order. If delivery cannot be done within this timeframe, the Customer is informed as soon as possible and is able to cancel his order. He can then ask to exchange the Products or be reimbursed.
10. Receiving of the Products
The Customer commits to receive the Products at the address he provided on the order sheet. In case of absence of the Customer at the time of delivery, a note will be left in his mail box, asking the Customer to pick up the Products at a “Point Relais” (a pick up point), as close as possible from his home address. The pick up point will be indicated in the note left by La Poste or by Chronopost. Due to the freshness of the Products, the Customer will only have 24 hours to pick up his order. After this time, the sale will be considered complete and the Customer will not be able to claim any reimbursement or exchange of any kind.
11. Order cancellation right
Following Article L 121-20 of the “Code de la consommation” : “The Customer has full right for a period of 7 days (7) to request cancellation of his order without having to justify the reasons for it or having to pay any penalties, to the exception of freight return costs when applicable”. Therefore, the Customer has 7 days (7) from the day he receives the Products to return them at the following address :
CASA NAPOLEON c/o A SETTIA
If the 7thday is a Sunday or a bank holiday, this period is extended until the first following business day. If the Customer uses his cancellation right, A SETTIA (CASA NAPOLEON) commits to reimburse the amount already paid by the customer within a maximum of 30 days from the day the Products are received, by all payment means. Upon offer from A SETTIA (CASA NAPOLEON), the Customer who has used his order cancellation right can however choose a different mean of reimbursement.
This cancellation right does not apply to fresh products, following Article L. 121-20-2 of the “Code de la consommation”.
A SETTIA (CASA NAPOLEON) has the obligation to deliver products according to the contract. The Customer will have to check the state and the conformity of the Products according to the order, as soon as he receives them. He will then have to formalize his acceptation of the delivery by signing the receiving packing slip. In case of an obvious damage to the parcel, the Customer will have to refuse the delivery. Any claim of damaged parcel will have to be addressed by email or post mail, within 72 hours from receiving the goods to the Customer Service of A SETTIA (CASA NAPOLEON). By failing to respect the above conditions, the goods will be considered in conformity with the contract and no reimbursement of the price of the goods or any compensation will be due by A SETTIA (CASA NAPOLEON).
A SETTIA (CASA NAPOLEON) commits to reimburse the Customer or to exchange damaged Products or Products not matching the Customer’s order. A SETTIA (CASA NAPOLEON) will proceed, following the Customer’s choice, to the exchange or to the reimbursement of the Products. Shipping expenses will be reimbursed to the Customer on the basis of the invoiced shipping price. Reimbursements of Products will be processed in the shortest timeframe possible and in any case, no later than 30 days after the date when the cancellation right was activated. The reimbursement will take place, following A SETTIA (CASA NAPOLEON)’s suggestion, by bank wire transfer into the Customer’s account or by cheque addressed to the Customer who placed the order and at the billing address of the Customer.
Following the dispositions of Article L121-20-3 of the “Code de la Consommation”, A SETTIA (CASA NAPOLEON) takes full responsibility in regards to the good execution of its obligations resulting of the sales contract with the Customer. A SETTIA (CASA NAPOLEON) is also responsible for the execution of the obligations of third parties (like shipping companies). However, the responsibility of A SETTIA (CASA NAPOLEON) will not be engaged in case of non execution of its obligations due to the Customer (wrong or incomplete address) or because of an unpredictable event of a third party to the contract or due to a case of absolute necessity, as defined by the French law. Also, the responsibility of A SETTIA (CASA NAPOLEON) will not be engaged for all the inconvenience or damages due to the use of Internet, including a shut down of service, outsider intrusion or the presence of computer viruses.
14. Intellectual Property
14.1.Intellectual Property of the Site
A SETTIA (CASA NAPOLEON) owns all the intellectual property linked to the Site which belongs to them or on which they own the relevant usage rights. The access to the Site does not grant to the Customer any right on the intellectual property rights related to the Site. Those remain the entire and exclusive property of A SETTIA (CASA NAPOLEON).
The items accessible on the Site, including text, photos, images, icons, cards, sounds, videos, software, databases or any kind of data are also protected by the intellectual and industrial property rights and other private rights belonging to A SETTIA (CASA NAPOLEON).
Consequently, the Customer cannot, in any case, copy, represent, modify, transmit, publish, adapt, on any medium and by any mean possible or to exploit in any way, all or party of the Site without previous written authorization from A SETTIA (CASA NAPOLEON). The Customer is informed that, this interdiction is intended, but not exclusively, to scrapping or utilisation of robots to extract or copy any items from the Site, including the Product offers presented on the Site in a commercial way.
The use of all or part of the Site for any purpose, that will not have been previously authorized by A SETTIA (CASA NAPOLEON) might by subject to legal action, including actions for counterfeit activity. The insertion of links in any part of the Site is also forbidden without previous written authorization by A SETTIA (CASA NAPOLEON).
14.2.Intellectual Property of the Packaging and Products Reconditioning
Any resell or commercialization of the Products and/or reconditioning under other brands by the Customer is strictly forbidden.
15. Protection of personal data
Information the Customer provides on the Site allows A SETTIA (CASA NAPOLEON) to process the online orders of the Customer. Following Articles 39 and after and following law n° 78-17 dated 6 January 1978 related to computers, databases and liberties, the Customer can obtain communication and if applicable, modification or cancellation of the information relative to him, by clicking on the “Contract” tab. The Customer can also, for valid modifications, refuse his data to be processed.
16. Modifications of the present Sales T&C
A SETTIA (CASA NAPOLEON) reserve the right to modify or improve at any time the pages on the Site, the Products or the present applicable Sales T&C. Those modifications are effective as soon as they are put online on the Site.
17. Definition of competence and applicable law
The present Sales T&C are defined under the laws of France. In case of litigation, the parties will, as much as possible, try to find a friendly agreement. However, this does not suspend in any way the timeframe to claim warranty. If the parties do not find a friendly resolution to their litigation and following Article 46 to 48 of the “Code de Procédure Civile”, the French courts will be the only competent courts.
VAT Applicable on remote sales
Definition of remote sales :
- When the delivery is regarding goods shipped by the seller to the buyer
- When the buyer is a person, not a company
- Inscription of the shipping of goods in the accounting books
- Production of a declaration of exportation duly signed by the relevant customs administration
Applicable VAT rate according to the shipping destination :
1/To Corsica: Application of VAT rates applicable in Corsica
2/To France: Application of VAT rates applicable in continental France
3/To any European Union country: Application until a certain level of sales of the VAT rates applicable in continental France
The level of sales vary from country to country inside European Union, as follows :
Germany, Luxembourg, Netherlands 100.000 €
Austria, Belgium, Cyprus, Spain, Estonia, Malta, Portugal, Finland, Greece, Ireland, Italy, Slovakia, Slovenia 35.000 €
Bulgaria 70.000 BGN
Denmark 280.000 DKK
Lithuania 24.000 LVL
Latvia 125.000 LTL
Poland 160.000 PLN
Czech Republic 1.140.000 CZK
Hungary 8.800.000 HUF
Romania 118.000 RON
United Kingdom 70.000 GBP
Sweden 320.000 SEK
When the level is reached for a given country, A SETTIA (CASA NAPOLEON) will have to apply on the remote sales for that specific country, the applicable VAT rate in that country.
4/To a third country outside the European Union :
No VAT, the exoneration is subject to justification of the effectiveness of the exportation :
- Inscription of the shipping of goods in the accounting books
- Production of a declaration of exportation duly signed by the relevant customs administration
The web Site has been financed by the POE FEDER 2007 2013