Article 1: Subject

These terms and conditions of sale are intended to define the conditions of performance as well as the conditions in which mail order sales are made between Aptunion and its customers. Our sales are subject to these standard terms and conditions of sale insofar as concerns the items offered for sale in these catalogues. In no case can the photos of these articles form any contractual undertaking.

Article 2: Governing law

The parties agree that this contract is formed in the French language and accordingly the French version shall prevail over any translation that might be made thereof. Caution! All the items displayed in this catalogue must be checked against the legislation in force in your country.

Article 3: Orders

3.1 Acceptance:

The fact of placing an order implies the consumer’s full and unconditional acceptance of these standard terms and conditions of sale. Any condition to the contrary posed by the consumer shall not be binding.

3.2 Capacity of minors:

The parties agree that any individual under full age placing an order is acting as the authorised representative of their parents.

3.3 Stock:

In the event of unavailability due to stock outage of the article(s) ordered, Aptunion agrees to give some indication of a delivery time. In the event of temporary or permanent cessation of production of the article(s) ordered, Aptunion agrees to refund the order or to offer the consumer an item of equivalent or superior quality at an equivalent or lower price. If these items do not meet requirements, the consumer may return them at our cost in the event of a withdrawal following an exchange. (Article L121-20-3 of the French Consumer Code).

3.4 Right of withdrawal period:

The right of withdrawal period is 14 working days with effect from the date of receipt of the items by the consumer. In the event the right of withdrawal is exercised. Aptunion agrees to refund the sums paid by the consumer without charge. The refund is due within a period of 30 days maximum.

3.5 Payment:

Orders on the Website are confirmed by Aptunion by e-mail to the address given by the consumer.

Any order over the Internet must be paid for by bank card or cheque. On-line payments are secured by the Banque Nationale de Paris. Orders are not treated as final until payment by card receives the aforementioned and by cheque a proof of encashment. The bank card will be debited on the date of dispatch.

Article 4: Prices

The prices of products sold by Aptunion are those in force on the date of order. Aptunion reserves the right to revise prices. Great care is taken in displaying prices for the products; however, if despite all the precautions taken by Aptunion errors occur in printing, their liability will not be incurred in any case (Article L121-18 of the Consumer Code).

4.1 France:

The prices given in the Aptunion pricelist are quoted All Taxes Included.

4.2 European Union:

In accordance with agreements, Value-Added Tax is included in the product prices. Therefore no further tax or customs duty is payable on delivery.

4.3 French Overseas Departments & Territories – Other countries:

Value-added taxes and other customs duties may be charged in addition to the price indicated and are at the intended recipient’s charge.

4.4 Currency:

The parties formally agree that the payment currency will be the euro.

Article 5: Reservation of title

Aptunion retains ownership of the goods sold until actual payment of the whole of the price. (Law No 85-98 of 25/01/85 art 121). Risks pass to the purchaser upon delivery of the products sold, subject to reservation of title. The purchaser is liable for the costs, risks and liability of preservation. Failing payment of the whole of the sum due by virtue of the sale, the contract of sale shall be legally cancelled by the vendor without his having to accomplish any further formality, eight days after a simple notice to remedy sent recorded delivery has remained without effect. The taking back by Kerry Ingredients France of the items claimed imposes upon the purchaser the obligation to compensate the loss and damage resulting from depreciation at all events, due to the retained goods being unavailable.

Article 6: Delivery

The customer is aware that the goods will be delivered by one of our logistics partners (either by La Poste or by another carrier). His order will be sent after receipt of the corresponding payment or depending on any delay there might be, such delay not entitling the purchaser to claim any compensation or damages.

We deliver to the address given on the order form. The details provided by the purchaser when the order is taken are binding upon him: in the event of error in the addressee’s details. Aptunion shall not be held liable in the event it is impossible for it to deliver the product. The fact of not receiving or of not going to collect the products cannot in any event be treated as the implicit exercise by you of your right of withdrawal. Products travel at the purchaser’s risk and liability. The purchaser is bound to verify the apparent condition of the products when delivered and, in the event of damage, to specify his reserves precisely on the delivery slip and/or by letter sent recorded delivery addressed to the logistics partner within eight working days following the said delivery. Within the same period, the purchaser must inform Aptunion of his reservations by recorded delivery letter. Once this period has lapsed, no claims will be allowed.

6.1 Delivery lead-times:

The delivery lead-times are given as an indication only, depending on availability of our supplies and transport.

Article 7: Returns – Terms and Conditions

The purchaser has a period of 14 clear days with effect from delivery of his order to return the product to the seller for exchange or refund without penalty, with the exception of the return and shipment costs; presentation of the invoice will be strictly required.

If the period expires on a Saturday, Sunday or public or bank holiday, it is extended until the next available working day. The costs and risks of any returns are always at the purchaser’s charge (except 3.3).

No returns will be accepted after a period of 14 clear days following delivery date.

Ay dispute or disagreement is of the exclusive jurisdiction of the French courts (article L132-1 of the Consumer Code and article 46 of the Code of Civil Procedure). In order to avoid any dispute, please check each item on unpacking and make the customary reserves to the carrier.

Products opened or damaged, spoiled or soiled by the customer are never taken back because they are foodstuffs. Products returned in this condition shall be kept at the customer’s disposal at Aptunion and the customer is bound to pay for the same.

In the event of non-standard returns (product incomplete or with original packaging damaged), Aptunion reserves the right to refuse subsequent orders from the customer.

Cash-on-delivery sales are refused. Product returns are made at the customer’s costs, risk and liability.

Article 8: Data protection

In accordance with the French Data Protection law of 06 January 1978, you are entitled to access and correct personal data relating to you.

Article 9: Address for service of documents

The service address of Aptunionis at its registered office:

Quartier Salignan – RD 900 - CS 90 137 84400 APT
Tel: 04.90.76.31.66
Fax: 04.90.76.31.63
Web: www.lesfleurons-apt.com

E-mail: fleurons-apt@aptunion.com

Our mail-order sales department is open from Monday through Saturday from 9 am to 12 pm and from 2 pm to 5 pm.

Article 10: Allocation of competence clause

The consumer may seize either one of the jurisdictions territorially competent under the Code of Civil Procedure, or the jurisdiction of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event. (Aricle R631-3 of the French Consumer Code)