CGV

  1. Scope of application

These general terms and conditions of sale (hereinafter referred to as «CGV ») apply exclusively to all sales of marketed products (the « Products ») by MADRAS, a simplified joint stock company (société par actions simplifiée), whose registered office is at Impasse des Cassoulets in Pouyastruc (65350), registered in the Tarbes Trade and Companies Register under number 388 898 793 (hereinafter referred to as «MADRAS").« MADRAS ») and the person purchasing them as a consumer (the « Customer »).

For the purposes hereof, the Customer and MADRAS may hereinafter be referred to individually as a «Customer".« Part »and together the « Parts ».

In accordance with article L. 441-1 of the French Commercial Code, these General Terms and Conditions constitute the sole basis of the commercial relationship between the Parties.

  • The General Terms and Conditions of Sale apply without restriction or reservation to all sales made between MADRAS and the Customer, to the exclusion of all other conditions, and in particular those applicable to in-store sales or sales via other distribution and marketing channels.
  • In accordance with current regulations, these General Terms and Conditions are systematically communicated to any Customer (excluding wholesalers) who requests them, to enable them to place an order with MADRAS. They are also communicated to any Customer prior to the conclusion of a single agreement as referred to in articles L. 441-3 et seq. of the French Commercial Code, within the legal deadlines.
  • MADRAS and the Customer agree that these GTC shall exclusively govern their relationship. MADRAS reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.

The version of the GCS in force at the time the sale of the Products is concluded shall apply to the said sale.

  • The information contained in MADRAS catalogues, prospectuses and price lists is given for information only and may be revised at any time.
  • Any Order (as this term is defined below) implies unreserved acceptance of these General Terms and Conditions, which take precedence over all other conditions, with the exception of those expressly accepted by MADRAS.
  • The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing his/her Order.
  1. Content
    • The purpose of these General Terms and Conditions is to define the rights and obligations of the Parties in connection with the online sale by MADRAS to the Customer of Products from the https://madras-epices.fr/ website.
  • These GCS only apply to purchases made by Customers located in France and delivered exclusively within France. For deliveries outside France, please send a message to contact@meibon.fr.
  • These purchases concern the following products listed in the MADRAS catalogue available on its website https://madras-epices.fr/.
  • The Customer declares that he/she has read these general terms and conditions of sale and accepted them before making an immediate purchase or placing an order. In this respect, they are enforceable against them in accordance with the terms of article 1119 of the French Civil Code.
  1. Pre-contractual information
    • The Customer acknowledges that, prior to placing the order and concluding the contract, he/she has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.
  • The Customer is provided with the following information in a clear and comprehensible manner:

- the essential characteristics of the Products,

- the price of the Products ;

- the price of the Products as well as any additional transport, delivery or postage costs and any other costs,

- in the absence of being able to determine for certain Products, the method for calculating the price and, if applicable, all additional transport, delivery or postage costs and all other possible costs.

- the date or deadline by which MADRAS undertakes to deliver the Products, regardless of price;

- information relating to the identity of MADRAS, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

  • MADRAS provides the Customer with the following information:

- its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address;

- the terms of payment, delivery and performance of the contract, as well as the arrangements for handling complaints;

- in the case of a sale, the existence of and procedures for exercising the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code, and, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L. 217-21 and L. 217-24 of the French Consumer Code;

- the duration of the contract, in the case of a fixed-term contract, or the conditions under which it may be terminated in the case of an open-ended contract.

  • MADRAS indicates, with regard to digital content, any relevant interoperability of this content with certain hardware or software of which the professional has or ought reasonably to have knowledge.

 

  1. Ordering

The Customer may place an order online, from the online catalogue and using the form provided therein, for any Product, subject to availability.

If a Product ordered is unavailable, the Customer will be informed by e-mail.

For the Order to be validated, the Customer must accept these General Terms and Conditions by clicking where indicated, it being understood that this acceptance means that the Customer has read them beforehand and unreservedly approves them in their entirety. They must also choose the delivery address and method, and finally validate the method of payment.

The sale will be considered final:

after MADRAS has sent the Customer confirmation of acceptance of the Order by e-mail (the “ Order Confirmation ").“Order form” ;

-and after MADRAS has received payment in full.

Any Order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or any other problem with the Customer's account, MADRAS reserves the right to block the Customer's Order until the problem has been resolved.

The Order for this Product will then be cancelled and, if necessary, reimbursed, with the remainder of the Order remaining firm and definitive.

For any questions relating to the processing of an Order, the Customer should call 05 62 38 40 00, Monday to Thursday from 08:00 to 17:00 and Friday from 08:00 to 12:00 (cost of a local call).

  1. Electronic signature

The provision of the Customer's bank card number online and the final validation of the Order shall constitute proof of the Customer's agreement to :

- the sums due under the Purchase Order are payable,

- signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the bank card, the Customer is invited to contact 05 62 38 40 00 from Monday to Thursday between 08:00 and 17:00 and on Friday between 08:00 and 12:00.

  1. Order Confirmation

 The seller will provide the buyer with an order confirmation by e-mail.

  1. Proof of transaction

The computerised registers, kept in MADRAS' computer systems under reasonable security conditions, will be considered as proof of the communications, Orders and payments that have taken place between the Parties. Purchase Orders and invoices are archived on a reliable and durable medium that can be produced as proof.

  1. Product information

The Products governed by these general conditions are those which appear on the MADRAS website and which are indicated as sold and dispatched by MADRAS. They are offered while stocks last.

The Products are described and presented as accurately as possible. However, MADRAS cannot be held responsible for any errors or omissions in this presentation.

Product photographs are not contractually binding.

  1. Prices

MADRAS reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the Order is placed, subject to availability on that date.

Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the Order is validated. Prices include the VAT applicable on the date of the Order and any change in the applicable VAT rate will automatically be reflected in the price of the Products in the online shop. The full price must be paid when the Order is placed. At no time may the sums paid be considered as deposits or advance payments.

If one or more taxes or contributions, particularly environmental, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.

The price is payable in full in a single instalment at the time of transmission of the Order Form by bank card or any other method of payment specified in the Order Form.

  1. Method of payment

This is an Order with a payment obligation, which means that placing the Order implies payment by the Customer.

To pay for their Orders, Customers may choose from any of the methods of payment made available by MADRAS and listed on its website. The Customer guarantees MADRAS that he/she has the necessary authorisation to use the method of payment chosen by him/her when validating the Purchase Order. MADRAS reserves the right to suspend any Order processing and any delivery in the event of refusal to authorise payment by bank card by officially accredited organisations or in the event of non-payment. In particular, MADRAS reserves the right to refuse to make a delivery or to honour an Order from a Customer who has not paid in full or in part for a previous Order, or with whom a payment dispute is in progress. MADRAS has implemented an Order verification procedure designed to ensure that no one uses another person's bank details without their knowledge.

As part of this verification, the Customer may be asked to send MADRAS a copy of an identity document and proof of address. The Order will only be validated once MADRAS has received and checked the documents sent.

The price shall be paid in cash when the Order is placed, as soon as the Order Form is sent to the Customer.

Payments made by the Customer will not be considered final until MADRAS has received the sums due.

  1. Product availability - Refunds - Resolutions

Except in the event of force majeure or during periods when the online shop is closed, which will be clearly announced on the site's home page, the delivery times will be as indicated below, subject to stock availability. Delivery times shall run from the date on which the Order is registered, as indicated in the Order confirmation e-mail.

For deliveries in mainland France, the delivery time is 2 to 8 working days from the day after the Customer places the Order.

If the agreed delivery date or deadline is not met, the Customer must, before terminating the contract, request MADRAS to complete the contract within a reasonable additional period.

If the Customer fails to perform by the end of this new period, he or she is free to terminate the contract.

The Customer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract will be deemed to have been terminated on receipt by MADRAS of the letter or writing informing it of this termination, unless the professional has performed in the meantime.

However, the Customer may terminate the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract.

In this case, when the contract is terminated, MADRAS is obliged to reimburse the Customer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In accordance with article L. 242-4 of the French Consumer Code, where the trader has not reimbursed the sums paid by the consumer, the sums due are automatically increased:

- the legal interest rate if reimbursement is made no later than 10 days after expiry of the 14-day period stated above,

- 5 % if the delay is between 10 and 20 days,

- 10 % if the delay is between 20 and 30 days,

- 20 % if the delay is between 30 and 60 days,

- of 50 % between 60 and 90 days,

- and an additional five points for each month of delay, up to the price of the product, then the legal interest rate.

If the Product ordered is unavailable, the Customer will be informed as soon as possible and will have the option of cancelling the Order. The Customer will then have the option of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the Product.

  1. Terms of delivery

Delivery refers to the transfer of physical possession or control of the goods to the consumer. Delivery only takes place after confirmation of payment by MADRAS' bank.

No deliveries will be made outside France and its overseas territories.

The Products are delivered to the address indicated by the Customer on the Order Form, and the Customer must ensure that this address is correct. Any parcel returned to MADRAS because of an incorrect or incomplete delivery address will be re-sent at the Customer's expense. The Customer may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the Order Form.

If the Customer is absent on the day of delivery, the delivery person will leave a delivery notice in the letterbox, allowing the Customer to collect the parcel at the location and within the period indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the items. If they have been damaged, the Customer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The Customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged parcel, broken Products, etc.).

This verification is considered to have been carried out once the Customer, or a person authorised by the Customer, has signed the delivery note.

The Customer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or ordinary mail to MADRAS at the address indicated in the site's legal notices.

If the Products need to be returned to MADRAS, a request for their return must be made to MADRAS within 7 days of delivery. Any claim made after this deadline will not be accepted. Product returns will only be accepted for Products in their original condition (packaging, accessories, instructions, etc.).

  1. Delivery error

The Customer must notify MADRAS on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the Products in kind or in quality compared to the information given on the Purchase Order. Any claim made after this deadline will be rejected.

The claim may be made, at the Customer's option :

- telephone number: 05 62 38 40 00

- e-mail address: contact@meibon.fr.

Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release MADRAS from any liability towards the Customer.

On receipt of the claim, MADRAS will allocate an exchange number for the Product(s) concerned and will communicate this by e-mail to the Customer. A Product can only be exchanged once the exchange number has been allocated.

In the event of a delivery or exchange error, any Product to be exchanged or refunded must be returned to MADRAS in its entirety and in its original packaging, by registered Colissimo, to the following address Route du Pic du Midi, Impasse des Cassoulets, 65350 Pouyastruc.

MADRAS is responsible for return shipping costs.

  1. Product warranty
    • Legal guarantee of conformity and legal guarantee against hidden defects

MADRAS guarantees the conformity of the goods to the contract, allowing the Customer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the goods sold within the meaning of articles 1641 et seq. of the French Civil Code.

In the event that the legal guarantee of conformity is invoked, please note that :

- the Customer has a period of 2 years from delivery of the goods in which to take action;

- the Customer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-12 of the French Consumer Code;

- the Customer is exempt from having to prove the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. .

It should also be noted that :

- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;

- the purchaser may decide to invoke the guarantee against hidden defects in the item sold as defined in article 1641 of the French Civil Code. In this case, the buyer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.

  • Customer information

The Customer is expressly informed that MADRAS is not the producer of all the Products presented within the meaning of Law No. 98-389 of 19 May 1998 concerning liability for defective products.

  1. Right of withdrawal - Cancellation

With the exception of perishable Products covered by the provisions of article L221-28 of the French Consumer Code, Customers have a period of 14 working 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, with the exception of the cost of return, which shall be borne by the Customer.

However, Products must be returned in their original packaging and in perfect condition within thirty (30) days following notification to MADRAS of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be taken back.

The right of withdrawal may be exercised online, using the withdrawal form available on the website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the Customer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the delivery costs will be reimbursed.

The cost of returning the goods shall be borne by the Customer.

The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by MADRAS of the Products returned by the Customer under the conditions set out above.

In addition, article L. 221-18 of the Consumer Code provides that consumers have 14 days to exercise their right to withdraw from a contract concluded at a distance, following a telephone canvass or off-premises, without having to give reasons for their decision or incur costs other than those provided for in articles L. 221-23 to L. 221-25.

It should be noted that the starting point of this period is defined in article L. 221-18, and that where the information relating to the right of withdrawal has not been provided under the conditions set out in 7° of article L. 221-5, the withdrawal period is extended by 12 months from the expiry of the initial withdrawal period.

  1. Force majeure

Any circumstances beyond the control of the Parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration from the Parties' obligations and shall result in their suspension.

The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence and disappearance.

Force majeure" means any irresistible event or circumstance that is external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the Parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The Parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the aggrieved Party.

  1. Intellectual property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of MADRAS, the sole owner of the intellectual property rights on this content.

The Customer undertakes not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

  1. Information Technology and Civil Liberties

The personal data supplied by the Customer is required to process the Order and to issue invoices.

This information may be communicated to MADRAS's partners in charge of executing, processing, managing and paying for Orders.

The processing of information communicated via the https://madras-epices.fr/ website has been declared to the CNIL.

Customers have a permanent right of access, modification, rectification and opposition with regard to information concerning them. This right may be exercised under the terms and conditions defined on the https://madras-epices.fr/ website.

  1. Partial non-validation

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

  1. Non-waiver

The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

  1. Title

In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.

  1. Language of the Contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute. The fact that, where applicable, the usual exchanges between MADRAS and the Customer take place wholly or partially in a language other than French may under no circumstances be considered as a waiver of the application of these general conditions of sale or of any of its stipulations.

  1. Mediation

The Customer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method in the event of a dispute.

  1. Applicable law

These general terms and conditions are subject to French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Customer should first contact MADRAS to obtain an amicable solution.

Appendix 1

 

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

The property conforms to the contract if it meets the following criteria, where applicable:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract; ;

2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter; ;

3° It is delivered with all accessories and installation instructions, which must be supplied in accordance with the contract; ;

4° It is updated in accordance with the contract.

Article L217-5 of the Consumer Code

I.-In addition to the criteria of conformity with the contract, goods are considered to be in conformity if they meet the following criteria:

1° It is fit for the use normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; ;

2° Where applicable, it possesses the qualities which the seller presented to the consumer in the form of a sample or model before the conclusion of the contract; ;

3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise; ;

4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect; ;

5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II - However, the seller shall not be bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them; ;

2° That at the time the contract was entered into, the public declarations had been corrected in conditions comparable to the initial declarations; or

3° That the public statements could not have influenced the purchase decision.

III - The consumer may not contest the conformity of the goods by invoking a defect relating to one or more specific characteristics of the goods which he was specifically informed deviated from the conformity criteria set out in this article, and to which he expressly and separately agreed when the contract was concluded.

Article L217-16 of the French Consumer Code

In the cases provided for in article L. 217-14, the consumer shall inform the seller of his decision to cancel the contract. He shall return the goods to the seller at the latter's expense. The seller shall reimburse the consumer for the price paid and return any other benefits received under the contract.

If the lack of conformity relates only to certain goods supplied under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this Chapter, if he cannot reasonably be expected to agree to keep only the goods which are in conformity.

For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. Furthermore, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to rescind all the related contracts.

The respective obligations of the parties to the contract, referred to in article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of a contract for the sale of goods containing digital elements.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.

Article 1648 of the French Civil Code

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

In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.

Appendix 2

Withdrawal form

For the attention of MADRAS, a société par actions simplifiée (simplified joint stock company), whose registered office is at Impasse des Cassoulets in Pouyastruc (65350), registered with the Tarbes Trade and Companies Register under number 388 898 793 (contact@madras-epices.com)

I hereby notify you of my withdrawal from the contract for the sale of the following Products:

Ordered on : _____________________________________________________

Received on : __________________________________________________________

Consumer name: _____________________________________________

Consumer address: ___________________________________________

Signature of consumer ____________________________________________ (only if this form is submitted on paper)

Date : ______________________________

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