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Preamble
These general terms and conditions of sale apply to all sales concluded on the La Boutique Roumaine website.
The website laboutiqueroumaine.com is a service provided by:
· The sole proprietorship JEREMY LEUROND
· Located at 5 rue du prieur 41100 Vendôme, France
· Website URL: laboutiqueroumaine.com
· Email: contact@laboutiqueroumaine.com
The La Boutique Roumaine website markets the following products: Romanian food products and traditional Romanian products.
The customer acknowledges that they have read and accepted the general terms and conditions of sale prior to placing their order. Therefore, validating the order implies acceptance of the general terms and conditions of sale.
Article 1 - Principles
These general terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to have accepted them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and notably those applicable to in-store sales or through other distribution and commercialization channels. They are accessible on the La Boutique Roumaine website and will prevail, if necessary, over any other conflicting version or document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions on an ad-hoc basis. They will be applicable as soon as they are posted online.
If a sales condition is missing, it will be considered to be governed by the customary practices in force in the distance selling sector for companies headquartered in France.
These general terms and conditions of sale are valid until December 31, 2030.
Article 2 - Content
These general terms and conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, through the La Boutique Roumaine website.
These conditions only concern purchases made on the La Boutique Roumaine website and exclusively delivered in mainland France or Corsica. For deliveries to overseas territories or abroad, please contact the following email address: contact@laboutiqueroumaine.com.
These purchases concern the following products: Romanian food products and traditional Romanian products.
Article 3 - Pre-contractual information
The buyer acknowledges that, prior to placing their order and concluding the contract, they received clear and comprehensible communication of these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.
The following information, provided in a clear and comprehensible manner, is transmitted to the buyer:
- The essential characteristics of the product;
- The price of the product and/or the method of calculating the price;
- If applicable, all additional costs for transport, delivery, or postage, and any other possible charges;
- In the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the product, regardless of its price;
- Information concerning the identity of the seller, their postal, telephone, and electronic contact details, and their activities, as well as information regarding legal guarantees, the functionalities of digital content, and, where applicable, its interoperability, the existence and terms of implementation of guarantees, and other contractual conditions.
Article 4 - Ordering
The buyer has the option to place their order online, through the online catalog and using the provided form, for any product within the limits of available stock.
The buyer will be informed of any product or item unavailability.
To validate the order, the buyer must accept the general terms and conditions by clicking on the indicated location. They must also select the delivery address and method and then validate the payment method.
The sale will be considered final:
- After the seller sends the buyer a confirmation of the order's acceptance by email;
- And after the seller has received the full price.
Any order implies acceptance of the prices and product descriptions available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In some cases, such as non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.
For any questions related to order tracking, the buyer can send an email to the seller at the following address: contact@laboutiqueroumaine.com.
Article 5 - Electronic Signature
Providing the buyer's credit card number online and the final validation of the order will constitute proof of the buyer's agreement:
- To pay the amounts due under the order;
- And to expressly accept all operations carried out.
Article 6 - Order Confirmation
The seller will provide the buyer with an order confirmation via email.
Article 7 - Proof of Transaction
The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Archiving purchase orders and invoices is done on a reliable and durable medium that can be produced as evidence.
Article 8 - Product Information
The products covered by these general terms and conditions are those displayed on the seller's website and indicated as sold and shipped by the seller. They are offered subject to availability.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller's liability cannot be engaged.
Product photographs are not contractual.
Article 9 - Prices
The seller reserves the right to change its prices at any time but undertakes to apply the rates in effect as indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery charges, which are billed separately and indicated before order validation. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the online store's product prices.
If one or more taxes or contributions, particularly environmental ones, are created or modified, whether up or down, this change may be reflected in the selling price of the products.
Article 10 - Payment Method
This is an order with an obligation to pay, meaning that placing the order implies payment by the buyer.
To pay for their order, the buyer can choose from all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that they have any necessary authorizations to use their chosen payment method when validating the purchase order. The seller reserves the right to suspend order processing and delivery in the event of payment authorization refusal by officially accredited organizations or in the event of non-payment. The seller notably reserves the right to refuse delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
The price is payable in full on the day of the order by credit card.
Article 11 - Product Availability - Refund - Termination
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will, within the limits of available stock, be as indicated below. Shipping times start from the date of order registration as indicated in the order confirmation email.
For deliveries in mainland France and Corsica, the delivery time is 24-72 hours from the day following the buyer's order, following these methods: Colissimo or DPD. At the latest, the delivery time will be 30 business days after the contract is concluded.
For deliveries to overseas territories or another country, delivery terms will be specified on a case-by-case basis to the buyer.
In the event of non-compliance with the agreed delivery date or period, the buyer must, before terminating the contract, formally request the seller to make the delivery within a reasonable additional period.
In the absence of performance within this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or written communication informing them of this termination unless the professional has performed in the meantime.
However, the buyer may immediately terminate the contract if the dates or deadlines above are essential for them.
In this case, when the contract is terminated, the seller must refund the buyer for all amounts paid, no later than 14 days from the date the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the amounts paid within 14 days from their payment or an exchange of the product.
Article 12 - Delivery Terms
Delivery means the transfer of physical possession or control of the product to the consumer. The ordered products are delivered according to the terms and deadlines specified above.
Products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. At the buyer's request, they can receive an invoice at the billing address rather than the delivery address by selecting the relevant option on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox indicating where and when the parcel can be retrieved.
If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused due to opening or damage).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any irregularity concerning the delivery (damage, product missing compared to the delivery note, damaged parcel, broken products, etc.).
This verification is considered done as soon as the buyer, or a person authorized by them, signs the delivery slip.
The buyer must then confirm these reservations by registered letter to the carrier within a maximum of two business days following receipt of the articles and send a copy of this letter by fax or regular mail to the seller at the address indicated in the website's legal notices.
If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside of this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 13 - Delivery Errors
The buyer must notify the seller on the same day of delivery or no later than the first working day following delivery of any claim for delivery errors and/or non-conformity of products in terms of their nature or quality compared to the indications on the order form. Any claim made beyond this deadline will be rejected.
The claim can be made by email to the following address: contact@laboutiqueroumaine.com.
Any claim not made in accordance with the rules defined above and within the prescribed time limits will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the concerned product(s) and communicate it to the buyer by email. The exchange of a product can only take place after the allocation of the exchange number.
In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 3 Impasse du Vieux Chateau, 38550 Saint-Maurice-l'Exil.
Return costs are borne by the seller.
Article 14 - Product Warranty
14-1 Legal Conformity Warranty
The seller is responsible for the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal conformity warranty provided for in Articles L. 217-3 and following of the Consumer Code.
In case of implementation of the legal conformity warranty, it is reminded that:
- the buyer has a period of 2 years from the delivery of the goods to take action;
- the buyer can choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the goods during the first 24 months for new goods (12 months for second-hand goods), following the delivery of the goods.
14-2 Warranty for Hidden Defects
In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the goods and are of a nature to render the goods unfit for the use for which they are intended. This warranty must be invoked within two years from the discovery of the defect.
The buyer can choose between cancelling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of Withdrawal
Application of the Right of Withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs which are the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal can be exercised online using the contact form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of withdrawal declaration is accepted. It must be unambiguous and express the intention to withdraw.
In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.
Return costs are borne by the buyer.
The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days from the receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- for the supply of goods whose price depends on fluctuations in the financial market that are beyond the control of the professional and that may occur during the withdrawal period;
- for the supply of goods made to the consumer's specifications or clearly personalized;
- for the supply of goods liable to deteriorate or expire rapidly;
- for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- for the supply of goods that, after delivery and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
- for urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- for the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
- for the supply of digital content not provided on a material medium whose performance has begun after the express prior agreement of the consumer and their express waiver of the right of withdrawal.
Article 16 - Force Majeure
All circumstances beyond the control of the parties preventing the normal performance of their obligations are considered as causes of exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances mentioned above must immediately inform the other party of their occurrence, as well as their disappearance.
All events or circumstances that are irresistible, external to the parties, unforeseeable, inevitable, and beyond the control of the parties, despite all reasonable efforts, shall be considered as cases of force majeure. Expressly, force majeure or fortuitous events shall be considered, in addition to those usually recognized by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the interruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties shall come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual Property Rights
The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content. Buyers undertake not to use this content for any purpose; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 18 - Data Protection
The personal data provided by the buyer is necessary for the processing of their order and the issuance of invoices. They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders. The buyer has a permanent right of access, modification, correction, and opposition regarding information concerning them. This right can be exercised under the conditions and according to the modalities defined on the La Boutique Roumaine website.
Article 19 - Partial Non-Validation
If one or more provisions of these general conditions are held to be invalid or declared as such in application of a law, a regulation, or as a result of a definitive decision of a competent court
, the other provisions shall retain their full force and scope.
Article 20 - Non-Waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations set forth in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared nonexistent.
Article 22 - Language of the Contract
These general terms and conditions of sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 23 - Mediation and Dispute Resolution
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact information, and email address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and EU professionals. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable Law
These general conditions are subject to French law. The competent court is the judicial court. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer will first contact the seller to seek an amicable solution.
Article 25 - Personal Data Protection
Data Collected
The personal data collected on this website includes the following:
- Account opening: when the user creates their account, their name, first name, email address, phone number, and postal address;
- Connection: when the user logs into the website, it records, among other things, their name, first name, login data, usage data, location data, and payment data;
- Profile: using the services provided on the website allows the user to provide a profile, which may include an address and a phone number;
- Payment: in the context of payment for products and services offered on the website, it records financial data related to the user's bank account or credit card;
- Communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;
- Cookies: cookies are used in the use of the website. The user has the option to disable cookies from their browser settings.
Use of Personal Data
The personal data collected from users is intended for providing the services of the website, improving them, and maintaining a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the terms of use of payment services;
- verification, identification, and authentication of data transmitted by the user;
- offering the user the possibility to communicate with other users of the website;
- providing user support;
- customization of services by displaying advertisements based on the user's browsing history and preferences;
- prevention and detection of fraud, malware (malicious software), and security incident management;
- management of potential disputes with users;
- sending commercial and advertising information based on user preferences.
Sharing of Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in a relationship with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes information accessible to the public in the free comment areas of the website;
- when the user authorizes a third-party website to access their data;
- when the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to user data, as part of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of applicable data protection regulations;
- if required by law, the website may transmit data to respond to claims filed against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software, and physical measures for digital data security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of information transmission or storage on the internet.
Exercising User Rights
In accordance with applicable personal data regulations, users have the following rights, which they can exercise by making a request to the following address: contact@laboutiqueroumaine.com.
- the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
- the right to rectify: if personal data held by the website is inaccurate, they can request the update of the information.
- the right to erasure of data: users can request the erasure of their personal data in accordance with applicable data protection laws.
- the right to restrict processing: users can request the website to restrict the processing of personal data in accordance with the cases provided for by the GDPR.
- the right to object to data processing: users can object to their data being processed in accordance with the cases provided for by the GDPR.
- the right to data portability: they can request that the website provide them with the personal data they have provided in order to transmit it to a new website.
Modification of this Clause
The website reserves the right to make any changes to this clause concerning the protection of personal data at any time. If changes are made to this clause on the protection of personal data, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option to delete their account.
Annex:
Consumer Code
Article L. 217-4: "The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation if these were his responsibility under the contract or were carried out under his responsibility."
Article L. 217-5: "The good is in conformity with the contract:
1° If it is suitable for the normal use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by him."
Article L. 217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and could not reasonably have known them."
Article L. 217-7: "Defects of conformity that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity alleged."
Article L. 217-8: "The buyer has the right to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not ignore when he entered into the contract. The same applies when the defect originates from the materials he supplied himself."
Article L. 217-9: "In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the importance of the defect. In that case, the seller must proceed with the option not chosen by the buyer unless it is impossible."
Article L. 217-10: "If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and receive a part of the price. The same option is open to him: 1° If the solution requested, proposed, or agreed upon in accordance with Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience to him given the nature of the goods and the use he seeks. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor."
Article L. 217-11: "The application of the provisions of Articles L. 217-9 and L. 217-10 is done at no cost to the buyer. These same provisions do not preclude the award of damages."
Article L. 217-12: "The action resulting from lack of conformity is prescribed by two years from the delivery of the goods."
Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law."
Article L. 217-14: "The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the movable property, according to the principles of the Civil Code."
Article L. 217-15: "The commercial warranty refers to any contractual commitment of a professional to the consumer for the refund of the purchase price, replacement, or repair of the goods or the provision of any other service related to the goods, in addition to his legal obligations to guarantee conformity. The commercial warranty is entered into through a written contract, of which one copy is given to the buyer. The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor. Furthermore, it clearly and precisely mentions that, independently of the commercial warranty, the seller remains responsible for the legal warranty of conformity provided for in Articles L. 217-4 to L. 217-12 and for defects in the thing sold, in the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, are fully reproduced in the contract. In case of non-compliance with these provisions, the warranty remains valid. The buyer has the right to invoke it."
Article L. 217-16: "When the buyer asks the seller, during the course of the commercial warranty granted at the time of acquisition or repair of a movable property, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that was left. This period starts from the buyer's request or from the availability for repair of the goods in question if this availability is subsequent to the request."
Civil Code
Article 1641: "The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them."
Article 1648: "The action resulting from redhibitory vices must be brought by the purchaser within two years from the discovery of the vice. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent vices or lack of conformity."
