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Noyeraies du Lander
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It is hereby specified that the present general conditions exclusively govern the sales by Noyeraie du Lander of products offered on the website www.noyeraiesdulander.fr.

The validation of the order of a product offered on the website www.noyeraiesdulander.fr implies the full, express and unreserved acceptance of the present general terms of sale, without this acceptance requiring a handwritten signature.

Failure by the User to comply with his or her obligations under these General Terms and Conditions of Sale may result in the suspension or even termination of his or her account, without prejudice to any damages that the company Noyeraie du Lander may seek.

Article 1 : Company
Article 2 : Products
Article 3 : Price
Article 4 : Availability
Article 5 : Terms of the order
Article 6 : Payment
Article 7 : Delivery of products
Article 8 : Right of withdrawal
Article 9 : Legal guarantees
Article 10 : Limitations of responsibility
Article 11 : Intellectual property
Article 12 : Protection of personal data
Article 13 : Miscellaneous provisions

Article 1 – Company

The website www.noyeraiesdulander.fr is published and operated by SAS NOYERAIE DU LANDER, whose head office is located at Impasse du Lander, 24200 Sarlat-la-Canéda, registered in the Bergerac Trade and Companies Register (RCS) under the number SIREN 917 944 076, intra-community VAT number FR 09 917 944 076

Director of publication: Paul Dieudonné

Hosting : OVH SAS, 2 rue Kellermann 59100 Roubaix

The customer can contact our customer service department:- by email at contact@noyeraiesdulander.fr- by phone: from France: 05 53 59 24 57- by post: Noyeraie du Lander – Impasse du Lander, 24200 Sarlat-la-Canéda

Article 2 – Products

“The Products” refers to all products offered for sale by Noyeraie du Lander on its web site www.noyeraiesdulander.fr.

The Products offered by www.noyeraiesdulander.fr comply with the French legislation in force and the standards applicable in France.

Each Product is described in such a way as to allow the user to know its main characteristics, in accordance with the provisions of article L. 111-1 of the Consumer Code.

Noyeraie du Lander does its utmost to ensure that these descriptions, visuals, photographs, diagrams, video films or any other support presenting the products are as faithful as possible to the products offered for sale. The photographs or graphic representations used to illustrate the products are indicative. In particular, there may be a difference in presentation upon delivery without affecting the content in any way whatsoever.

If, despite all the precautions taken by Noyeraie du Lander, errors should occur in the photographs, diagrams, drawings or video films, or in the descriptions referring to the products, any dispute shall only give rise to an exchange or a return against a credit note. The information concerning the composition of the products may be incomplete or subject to minor variations and therefore cannot replace the information on the product packaging, which alone is authentic and to which the Customer is invited to refer, particularly in the event of food intolerance.

Article 3 – Price

3.1 General information

  1. The prices of our Products are quoted in Euros, including all taxes on the day of the order, including VAT, but excluding shipping and handling charges, the amount of which is indicated at the latest at the time of the final validation of the order.
  2. Noyeraie du Lander reserves the right to modify its prices at any time, without prior notice, it being understood that the products will be invoiced on the basis of the rates in force at the time of the order.
  3. The Products remain the property of Noyeraie du Lander until full payment is received by Noyeraie du Lander.

3.2 Prices for products sold abroad

For deliveries outside the French territory, the provisions of the General Tax Code concerning VAT and all other provisions transposed into national law concerning VAT on the delivery of goods will be applied.

Article 4 – Availability

The Products are offered within the limits of available stocks. Each Product sheet indicates whether the Product is available according to the state of the stock at the time of its consultation.

However, if a product proves to be unavailable at the time of the preparation of the order, the User will be informed by email or telephone. He could be offered another delivery date or a credit note to be used on his next purchases.

Article 5 – Terms of the order

After having selected his products and taken note of the details of his basket, once all the requested information will have been completed and the field relating to the acceptance of the general conditions of sale will have been checked, the User can proceed to his payment in order to confirm and validate his order definitively.

The validation of the order implies the final, full and unreserved acceptance of the present General Sales Conditions and the conclusion of the contract in accordance with the provisions of the Civil Code.

All orders will be confirmed by e-mail, sent to the address provided by the User at the time of registration.

Unless proven otherwise, the data recorded by Noyeraie du Lander constitutes the proof of all transactions between Noyeraie du Lander and its customers. Noyeraie du Lander reserves the right to cancel or refuse any order from a user with whom there is a dispute regarding the payment of a previous order.

Article 6 – Payment

The payment is made cash, the day of the validation of the order. The User has the choice between all the means of payment available during the validation of his order:

By credit card: CB, Visa or MasterCard

The User guarantees Noyeraie du Lander that he/she has the necessary authorizations to use the selected method of payment.

All information provided in the context of payment is made in a secure environment. In particular, in the case of payment by credit card, the transmission of information relating to the card number, its expiration date and its visual cryptogram uses the protocols in force on the Internet on the server of Noyeraie du Lander’s provider.

Article 7 – Delivery of products

7.1. Territory covered

Products purchased on the site are delivered in Metropolitan France, excluding Corsica, coastal islands not connected by road and French overseas departments and territories. For logistical reasons, Noyeraie du Lander is not able to deliver an order to a military site with “Armées” as its location.

Noyeraie du Lander is able to deliver to the following countries: France, Belgium, Luxembourg, Spain, Germany, Italy, Portugal, Austria, Netherlands, Denmark, Finland, Greece, Sweden, Bulgaria, Croatia, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia and Liechtenstein via the Chronopost network.

7.2. Places of delivery

The User must choose the place of delivery: at home, at the office, at a third party’s home, at a vacation location, so that the parcel can be received very quickly. Deliveries are made to the address indicated at the time of the order, which cannot be changed afterwards.

7.3. Delivery times

Delivery times vary according to the place chosen.the delivery times correspond to the time of treatment of the order, to which are added the times of routing. The delivery date is indicated as a range in the product sheet, as an indication.

7.4. Complaints

  1. In case of late delivery, the User is invited to contact Noyeraie du Lander by e-mail at contact@noyeraiesdulander.fr or by phone at 05 53 59 24 57, from 8:30 am to 6 pm, Monday to Friday and from 2 pm to 6 pm on Saturday.

An investigation will then be opened to determine the cause of the delay or absence of delivery.

  • If the parcel is found, it will be sent back to the User according to the delivery method provided at the time of the order – If the parcel is not found, the ordered products will be sent to the User if they are still available, at the expense of Noyeraie du Lander, or he will be credited with a credit note to be used on a future order.

In case of prolonged delay, the User may implement the provisions of article L.216-2 of the Consumer Code by sending a registered letter with acknowledgement of receipt to Noyeraie du Lander, requesting it to execute the order within an additional 14 days.

  1. In accordance with the provisions of articles L. 217-1 and following of the Consumer Code, within the framework of the legal guarantee of conformity, Noyeraie du Lander commits itself under the conditions of article 9.1 of the present general conditions to deliver a product in conformity with the contract.

Upon receipt of the parcel, the User must:

  • Check the conformity of the delivered goods at the time of delivery;
  • Indicate any anomaly on the delivery note in the form of a handwritten reservation accompanied by his signature;
  • Confirm these reservations as soon as possible by registered letter with acknowledgement of receipt to Noyeraie du Lander, Impasse du Lander, 24200 Sarlat-la-Canéda. If the articles need to be returned, they must be the object of a request for return to our services (contact form) within 14 days following the delivery. A credit note will be issued to the User. After this period, any claim will not be accepted.
  1. Noyeraie du Lander cannot be held responsible in case of delay, bad execution or non-execution attributable to the Customer, to an unforeseeable and insurmountable fact of a third party, or to force majeure.

7.4. Methods of delivery

Delivery by Chronopost at home

Upon departure of the parcel, the User is informed by e-mail indicating the tracking number of the parcel, allowing to follow its progress on the website www.chronopost.fr. The parcel will be delivered within 48 hours following the shipment of the order. The delivery will be made before 13h. In case of absence at the time of the delivery to the address indicated by the User, a notice of passage is deposited in the mailbox and the parcel will be deposited in a point of proximity. The User will have to do everything possible to recover his parcel as soon as possible. If the time limit for the delivery is exceeded, the parcel will be sent back to Noyeraie du Lander. The return of the parcel will be systematically invoiced to the customer.

Delivery by Chronopost in a relay point

When the parcel leaves, the User is informed by e-mail indicating the tracking number of the parcel, allowing to follow its evolution on the website www.chronopost.fr. The parcel will be delivered within 3 working days following the shipment in the relay point chosen by the User. The User will have to do everything possible to recover his parcel as soon as possible. Once the time limit for delivery to the relay point has passed, the parcel will be returned to Noyeraie du Lander. The return of the parcel will be systematically invoiced to the customer.

7.5 Processing and shipping costs

The processing and delivery costs are at the User’s charge. They vary according to the delivery method chosen and the amount of the purchases. They are communicated to the User within the framework of the process of order, before validation of this one.

The rates are as follows:

For deliveries in France at home:

For all orders under 100€, the delivery costs are 10€ TTC. For all orders over 100€, the delivery costs are free.

For deliveries in France in a relay point:

For all orders under 50€, delivery costs are 6,50€ TTC. For all orders over 50€, delivery costs are free.

For home deliveries in the European countries served:

8.1 General provisions

In accordance with the provisions of article L. 221-18 of the French Consumer Code, as a consumer (natural person who concludes an order with Noyeraie du Lander by acting for purposes that do not fall within the scope of his commercial, industrial, artisanal, or liberal activity), the User benefits from a period of fourteen (14) days to exercise his legal right of withdrawal, except for the Products referred to in article 8.2 below (except for fresh products)

The User does not have to justify his right of withdrawal and is not subject to any penalty.

8.2. Modalities for exercising the right of withdrawal

  1. If the Products are subject to a right of withdrawal, the User may exercise it:- by contacting the customer service at contact@noyeraiesdulander.fr.- by contacting a customer advisor: 05 53 59 24 57, from Monday to Friday from 8:30 a.m. to 6:00 p.m. The period for exercising the right of withdrawal is fourteen (14) days from receipt of the order.
  2. The User will then have a period of 14 days from the notification of his decision to withdraw to return the products, at his expense, to Noyeraie du Lander, Impasse du Lander, 24200 Sarlat-la-Canéda.

The parcel must imperatively allow the identification of the Buyer and of the order at the origin of the return, otherwise it cannot be treated.

  1. This right of withdrawal is exercised without penalty or cost, including delivery costs which are reimbursed on the basis of a standard delivery proposed by Noyeraie du Lander.

In the event of the exercise of the right of withdrawal, the User will be offered a refund of all sums paid, including delivery costs, without undue delay and within fourteen days.

In the case of a refund in the form of a credit note, this will be credited without undue delay and at the latest within 14 days following the date on which the product was returned, i.e. the date on which Noyeraie du Lander will have recovered the product or the date on which the Buyer will have justified their shipment.

Only products returned complete and intact in accordance with the provisions of article L. 221-23 of the French Consumer Code will be accepted.

The right of withdrawal is not applicable when the sales contract is established between two professionals.

Standard withdrawal form Consumer Code, art. L. 121-17 I. 20, R.121-1 download here.

8.3. Products excluded from the legal right of withdrawal

In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders for certain products listed below. Thus, any purchase concerning this type of products cannot be returned after reception.

  • Products that are likely to deteriorate or expire quickly, including fresh products;- Products that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;- Products that after delivery and by their nature are inseparably mixed with other items;- Alcoholic beverages whose delivery is delayed beyond thirty days and whose value at the time of the conclusion of the contract depends on market fluctuations beyond the control of the professional.

The User declares that he is aware that for the purchase of a product that may fall into one of these categories, he cannot benefit from the right of withdrawal and expressly accepts this.

Article 9 – Legal guarantees

Noyeraie du Lander is bound to its Users by the legal warranty of conformity mentioned in the provisions of articles L.217-1 to L.211-13 of the French Consumer Code, and by the warranty relating to defects in the item sold, under the conditions set forth in articles 1641 to 1648 and 2332 of the French Civil Code.

a. Within the framework of the legal warranty of conformity, Noyeraie du Lander undertakes to deliver a Product in conformity with the contract. If the delivered Product presents a defect of conformity, Noyeraie du Lander commits itself, according to what it is possible to do :

  • either to replace it with an identical product depending on available stocks,- or to exchange it for a product of equivalent quality and price, depending on available stocks,- or, if the replacement or exchange proves impossible, to issue to the User a credit note of an amount equal to the price of the product ordered, to be used on a future purchase.
  • or, if the replacement or exchange proves impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

b. The warranty for latent defects applies if the Product sold is unfit for its intended use due to a latent defect, or if this use is so diminished that the User would not have acquired it or would have acquired it at a lower price if he had been aware of it.

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Article 10 – Limitations of responsibility

10.1. The information given on the Noyeraies du Lander website, photographs, product sheets, prices are given as an indication with regard to the information provided by the suppliers. Noyeraie du Lander makes every effort to ensure the accuracy of the information presented on its site. Any errors that may have been introduced are fortuitous and will be rectified as soon as possible. Noyeraie du Lander cannot be held responsible for any errors or omissions that may have occurred despite all the precautions taken in the presentation of the products. The same applies to any modifications of the products decided by the manufacturers.

10.2. In the online sales process, Noyeraie du Lander is only bound by an obligation of means. Noyeraie du Lander cannot be held responsible for any damage resulting from the use of the Internet such as loss of data, intrusion, viruses, service interruption, or other involuntary problems. The visits, examinations or opinions issued by Noyeraie du Lander are of a technical assistance nature and do not engage its responsibility, as it is not a judge of the specifications or description.

10.3 In accordance with current legislation, Noyeraie du Lander is not responsible for the non-performance or poor performance of the contract attributable either to the consumer or to the insurmountable and unforeseeable act of a third party to the contract or to a case of force majeure.

In particular, the Buyer is responsible for verifying the completeness and accuracy of the information he/she provides to Noyeraie du Lander when ordering, and in particular the delivery address/phone number. The User is responsible for the information he/she provides when registering and ordering. Noyeraie du Lander cannot be held responsible for any typing errors that could cause delivery errors, nor for errors made by the Buyer in the organization of the delivery.

Article 11 – Intellectual property

All elements of the Site, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, designs and models appearing on the Site are the exclusive property of Noyeraie du Lander. Their disclosure shall in no way be interpreted as granting a license or a right to use said trademarks and distinctive elements protected by copyright. They may not be used under penalty of infringement.

Thus, none of the documents from the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.

Article 12 – Protection of personal data

Information concerning the User is essential for the processing and management of the client’s orders as well as for commercial relations between Noyeraie du Lander and the User. It also allows Noyeraie du Lander to provide the client with personalized services and to improve the relevance of the information offered. Failure to provide this information will prevent the validation of the order. The data collected is intended for the use of Noyeraie du Lander.

Noyeraie du Lander reserves the right to collect information on the User, including by using cookies. Cookies are small text files stored on the User’s hard drive. Most cookies are intended to enable or facilitate navigation and are necessary for the operation of the online store.

The use of cookies, own or third party, which are not necessary for the operation of the site requires the express consent of the User.

The User can express his consent or oppose the use of cookies by setting his connection device appropriately. To this end, he/she is invited to refer to the user guide of his/her browser.

Information of a personal nature concerning the User may be subject to automated processing.

In accordance with the French Data Protection Act of January 6, 1978, the User has the right to access, rectify and object to the data concerning him/her at Noyeraie du Lander. He may exercise this right by sending an email to the following address

contact@noyeraiesdulander.fr

or by mail to : Noyeraie du Lander, Impasse du Lander, 24200 Sarlat-la-Canéda

The validation of an order on the site www.noyeraiesdulander.fr implies the acceptance of the present general conditions of sale.

All emails sent by Noyeraie du Lander include an unsubscribe link at the bottom of the email, allowing you to unsubscribe in one click.

Personal data (address, email and phone number) may be transmitted to third parties in order to ensure a good delivery of the order. Noyeraie du Lander is responsible for their processing.

However, as far as the User’s e-mail address is concerned, it may only be communicated to the said partners with the User’s express consent. Of course, afterwards, the User can refuse by sending a letter or an e-mail.

Article 13 – Miscellaneous provisions

13.1. Noyeraie du Lander is required to comply with the social and fiscal legislation in force as well as with any regulations or provisions applicable at the place of performance of the services.

Noyeraie du Lander shall be responsible for the safety of its personnel and shall ensure compliance with the health and safety rules applicable to its operations.

13.2 In accordance with the provisions of Law No. 98-536 of 1 July 1998, transposed into the Intellectual Property Code of Directive 96/9/CE of 11 March 1996 concerning the legal protection of databases, Noyeraie du Lander is the producer and owner of all or part of the databases contained on the present website. By accessing this site, the User acknowledges that the data comprising it is legally protected and, in accordance with the provisions of the aforementioned law of July 1, 1998, is prohibited from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, on any type of medium, by any means and in any form whatsoever, all or part of the qualitatively or quantitatively substantial content of the databases appearing on the site that he/she accesses.

13.3. Applicable law – Competent jurisdiction – Litigation.

The present conditions of sale on line are subjected to the French law. In case of dispute, the parties will seek, before any litigation, a possible amicable agreement. If an amicable solution cannot be reached, the provisions of article L.631-3 of the Consumer Code relating to the rules of jurisdiction will be applied.

In the context of the guarantee of conformity, has a period of two years from the delivery of the goods to act and can choose between repair or replacement of the goods, subject to the conditions of cost provided by Article L. 217-7 of the Consumer Code. Defects of conformity that appear within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity. The legal guarantee of conformity applies independently of the commercial guarantee. The User may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In case of dispute, the consumer can recover to a mediator of the consumption as foreseen by the article L. 111-1 of the French Civil Code.