All of the website www.castelasshop.fr and all rights relating to it are the property of SARL CastelaS. Any full or partial reproduction of the website requires the owners’ consent. However, hypertext links to the site are authorised without a specific request being made.
1. Protection of minors :
Minors cannot enter into a contract, and all data-collection operations are subject to the consent of the parental authority holder(s), who may object to the retention of data by SARL CastelaS.
2. Acceptance of conditions :
The Customer acknowledges having familiarised themselves, when placing their order, with the special conditions of sale set out on this page, and expressly states that they accept them unreservedly.
The present General Conditions of Sale regulate the contractual relationship between SARL CastelaS and its Customer, and both parties accept them unconditionally. These General Conditions of Sale prevail over any other conditions in any other document, except in the event of a prior, express written waiver.
The Customer states that they have full legal capacity to make an undertaking under these General Conditions, and acknowledges having checked that the computing configuration they use is secure and in working order.
3. Products :
All products sold on this website comply with current French law.
Any photographs illustrating the products are not contractually binding. SARL CastelaS can in no event be held liable for any errors contained in the photographs. The Operator makes every effort to ensure optimum availability of their products. Product offerings are subject to availability. However, should a product prove to be unavailable, despite the Operator’s best efforts, after the Customer places an order, SARL CastelaS shall notify the Customer by email at the earliest opportunity so that they can cancel or amend their order.
Automatic management systems are deemed valid proof of the nature, content and date of the order. SARL CastelaS confirms order acceptance to the Customer at the email address provided by the Customer. The sale is only deemed to be concluded once the order confirmation is sent automatically by email to the address provided in the customer account used.
When placing an order, the Customer must select products and add them to their basket, stating the desired products and quantities. The Customer may check the order details and total price, and go back to previous pages to amend their basket’s contents before validating it.
The Customer undertakes to read the current General Conditions of Sale before accepting them and confirming the terms and possible costs relating to shipping and withdrawal, prior to paying for an order. Order confirmation implies acceptance of the General Conditions of Sale and forms the contract.
Any amendment that the Customer makes to an order after confirmation thereof is subject to the Operator’s consent.
The Operator reserves the right to not validate the Customer’s order for any legitimate cause, and particularly if:
• The Customer does not comply with the General Conditions of Sale in force when the order is placed
• The Customer’s order history shows that payments relating to previous orders are still outstanding;
• One of the Customer’s previous orders is the subject of a pending dispute;
• The Customer does not reply to an order confirmation request which the Operator sent to them.
The information that the Customer provides when placing their order (in particular, name and delivery address) is binding. Therefore, the Operator can in no way be held liable should an error during order placement prevent or delay shipping/delivery.
Orders placed by the Customer are firm and final except for any contrary provision in these General Conditions of Sale, and without prejudicing the right of withdrawal stipulated by the applicable law.
A digital invoice is provided for the Customer in the “order history and details” section.
5. Shipping : mainland France and abroad
Pursuant to the internal rules of Colissimo or its affiliate partners for shipping outside of mainland France, particularly in relation to volume and weight restrictions due to the quantity ordered, we reserve the right to ship orders by other means commensurate with the quantity ordered.
Once an order is confirmed, SARL CastelaS undertakes to deliver all items within five working days. All orders placed with SARL CastelaS are for the Customer’s personal use. Customers or product recipients undertake to refrain from reselling any of the products. SARL CastelaS can in no way be held liable if the Customer does not pay the required taxes.
The order is delivered by Colissimo during the operating hours of La Poste. Any delay does not entitle the Customer to claim compensation. If the Customer is absent, they may authorise a third party to receive the package. The Customer must inspect the goods immediately upon delivery.
If there is an apparent non-conformity, the Customer has a right of return per the conditions set out in this document. The following cases are deemed force majeure, releasing the Operator from their delivery obligation: war, riot, fire, strike, accident, health crisis, and the inability to receive supplies. Goods are always shipped at the recipient’s risk.
In the event of missing or damaged goods, the Customer must make the customary objections.
If the Customer wishes to receive their order at two locations, they must place two orders, which will incur separate shipping costs.
If the order is delivered to a pick-up point, the Customer has 14 days to go and collect their package. If the Customer does not collect their package within this period, they must pay all costs relating to re-shipping of their order.
6. Withdrawal :
The Customer has seven days (with effect from receipt of their goods) to form an opinion. This applies only to non-food goods. In the event of an exchange or refund, the Customer must send the new item(s) in its (their) intact original packaging, together with any accessories, user manuals and documentation to the following address:
Mas de l'Olivier
13520 LES BAUX DE PROVENCE
If the Customer exercises their right of withdrawal, SARL CastelaS is required to refund the amount paid by the Customer without costs, except for actual return shipping costs. The refund is payable within 15 days at most.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to:
- The supply of goods that are produced to the consumer’s specifications or are clearly personalised;
- The supply of goods liable to deteriorate or fall out of use quickly.
- The supply of goods that have been unsealed by the consumer after delivery and which cannot be returned owing to hygiene or health-protection reasons;
- The supply of goods which, once delivered and by their nature, are mixed inseparably with other items.
7. Price :
The price is stated inclusive of taxes and in euros (€)
Prices listed on product factsheets do not include shipping.
The price stated in the order confirmation is final and includes all taxes, including VAT for France and the rest of the European Economic Area (EEA). This price covers the price of the goods; handling, packaging and storage costs; and costs relating to shipping and entry into service.
Shipping in France and abroad:
Goods shipped within the EEA are invoiced inclusive of taxes and shipping costs (by Colissimo with tracking service). Goods shipped to countries outside the EEA are invoiced exclusive of taxes.
8. Payment :
The price invoiced to the Customer is the price stated in the order confirmation sent by SARL CastelaS.
The price of the goods is payable in full on the effective order date.
Payment can be made by bank card (Carte Bleue, Visa, Mastercard or e-Carte Bleue) or by Paypal.
Online, you pay via the Crédit Agricole bank’s server.
Your payment-card number is therefore directed to the bank’s servers. Your payment is made directly to the Crédit Agricole bank in a secure environment, without going through the shop’s server; this guarantee is especially important as your payment-card details are known only to our partner bank, Crédit Agricole.
Payment can also be made by cheque, made out to “S.A.R.L CastelaS”, or by wire transfer. In both cases, your order will take longer to process, as it can only be confirmed once S.A.R.L CastelaS has received your payment.
The order validated by the Customer is only deemed effective once the relevant bank-payment centres have approved it. If these centres reject the Customer’s payment, we are given no explanation. Such a rejection will result in the cancellation of the order, in which case the Customer will be notified by email. In addition, SARL CastelaS reserves the right to refuse any order placed by a Customer with whom a dispute is pending.
9. Disputes :
This contract is governed by French law. SARL CastelaS cannot be held liable for any material or immaterial damage arising from sold goods not working properly or being improperly used. This also applies to any modifications made to goods by manufacturers. In any event, the liability of SARL CastelaS will be limited to the value of the order, and cannot be invoked for basic errors or omissions that might persist despite all the precautions taken in the presentation of the goods. Should difficulties arise in the performance of this contract, the Customer may, before taking any legal action, seek an amicable solution with the help of a sector trade federation, a consumers’ association or any other adviser of their choice. Customers are reminded that seeking an amicable solution does not suspend the statutory warranty period or the contractual warranty period. Customers are also reminded that, in general terms and subject to court rulings, compliance with the provisions of this contract relating to the contractual warranty requires the Customer to honour their financial undertakings to the Operator. Claims or objections will always be considered carefully, it being assumed that the person taking the trouble to set out their situation is acting in good faith. Should a dispute arise, the Customer shall firstly contact to obtain an amicable solution. Failing this, the Commercial Court in Tarascon (Department of Bouches-du-Rhône) has sole jurisdiction, whatever the delivery address and the payment method accepted.
In addition in accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system.
The mediation entity selected is : CNPM - MEDIATION DE LA CONSOMMATION.
In the event of a dispute, you can file your complaint on its web-site : https://cnpm-mediation-consommation.eu or by post mail by writing to CNPM Médiation Consommation - 27 avenue de la Libération - 42400 Saint Chamond-France
10. Warranty :
SARL CastelaS warrants you that all our selected food goods are made in France. The Customer must abide by the best-by date (date of minimum durability) shown on the food goods.
In any event, SARL CastelaS cannot be held liable for non-compliance with the regulatory and legislative provisions in force in the country of delivery. The liability of SARL CastelaS is limited to the value of the product in question (on the date of sale), without any possibility o appeal against the brand or production company. In an event, the Customer enjoys a statutory warranty against eviction and hidden defects (Art. 1625 et seq of the French Civil Code). On condition that the Customer provides proof of the hidden defect, the Operator has a statutory obligation to repair all consequences thereof (Art. 1641 et seq of the French Civil Code).
A failure to provide information will entail non-validation of the order. In accordance with France’s data-protection law of 6 January 1978, amended in 2004 (Art. 34), the Customer has a right to access, amend, correct and delete data relating to them, and they may exercise it by contacting SARL CastelaS at: firstname.lastname@example.org.
All the personal data or nominative information about you that we collect are necessary for managing your order, and for improving our services and the information we send you.
In addition, SARL CastelaS undertakes to not communicate, free of charge or in return for payment, its customers’ data to a third party.