- Identity of the seller: the Solinest company, a simplified joint-stock company with a capital of 5,000,000 euros, whose head office is located at 2, rue de l’Ill-Brunstatt (68350), registered in the trade and companies register of Mulhouse under B 946 050 200 (hereinafter “Solinest”).
- VAT: FR 64 946 050 200
The director of the publication is Mr. Bertrand Jacoberger.
The website < www.perfectly-broken.com> (the “Site”) is hosted by ACTIVIS SA, 27 rue Victor Schoelcher, PO Box 12495, 68057 Mulhouse Cedex – Tel. : +33 (0) 3 89 60 71 60, www.activis.fr. Website design: 36 pixels.
2.Application of conditions: The present general conditions of sale (the “GTU“) apply to any order of Products (defined below in Article 3 of the GTC) made on the merchant site https: // www.perfectly-broken.com (hereinafter the “Site”) from the company Solinest, whose contact details are mentioned in the footer (“Solinest”), by a consumer, that is to say a major physical person not acting for professional and commercial purposes, (the “Customer“). Site BtoC and not BtoB, the invoice is TTC.
The Terms and Conditions specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The GTC apply to the exclusion of all other conditions, including those applicable to sales in store or through other channels of distribution and marketing. They prevail, if necessary, on any other contradictory document emanating from the Customer.
3.1 Product Features:
The products are PERFECTLY BROKEN brand food products! including confectionery products and sweet snacks as well as non-food products including “Goodies” marketed by Solinest, [as well as customized products] (the “Products”). The detailed descriptions of the Products are presented by Solinest on the Site to enable the Customer to know the main characteristics of the Products, before any final order. The Customer acknowledges having read, prior to placing an order, the description of each Product ordered and the particular conditions of the order mentioned on the Site (name, price, components, weight, quantity, color, particularities of the Products, if applicable). size and size and limitation of certain Products) .
The photographs and illustrations presented on the Site are not contractual and can not engage the responsibility of Solinest.
For any other information or question, our Customer Relations Service will be accessible according to the terms specified in Article 19 below, the choice and the purchase of the Product remain placed in all cases under the responsibility of the Customer.
3.2 Availability of Products ordered:
Product offers are subject to availability, as specified at the time of placing the order.
Solinest makes its best efforts to satisfy the Customer’s order. In the event of unavailability of the Products after the order has been registered, the Customer will be informed by e-mail by the PERFECTLY BROKEN customer service as soon as possible and it will be proposed either a change of Product or a refund of the price of the Products within a period of fourteen (14) calendar days from the date of placing and payment of the order.
- Price:The prices appearing on the Site are mentioned in euros, all taxes included, on the basis of the VAT in force in France. Any order delivered outside metropolitan France may be subject to any local taxes, customs duties, sea grants and customs clearance fees upon delivery, as well as bank charges. Their payment is the responsibility of the Customer and is his responsibility.
Delivery charges are based on the amount of the Order and the place of delivery. The amount of these costs is indicated to the Customer during the finalization of the order under the heading “Your order” .Solinest reserves the right to modify the prices of its Products at any time. However, the price of the Products can not be modified after the validation of the Order. The price applicable to the order of the Customer is the price in effect at the time of validation by the Customer of his order, by means of a click on the tab “Order with payment obligation”, plus delivery charges calculated in according to the information entered by the Customer and displayed prior to the finalization of the Order, as well as VAT.
5.1 Conditions of creation: Prior to or in conjunction with an order on the Site, the Customer may create a customer account (the “Customer Account”), by completing the form available for this purpose on the Site and ticking the box for acceptance. Terms, otherwise the Customer Account can not be created.
The Client Account details details of the Customer, the order history and discount coupons available.
Any creation of a Customer Account will be confirmed by an automatic email addressed by Solinest including the details of its customer service. In this regard, the Customer guarantees that the data are accurate and exhaustive and undertakes to confirm, by any appropriate means and at Solinest’s first request, its identity and the information provided.
5.2 Management of Identifiers:
The Customer is solely responsible for the choice of his username and password (the “Identifiers”) in particular with respect to the rights of third parties (identity theft or intellectual property rights), as well as the maintenance of their confidential nature and by doing so for their possible fraudulent use or not by third parties. Solinest is not required to verify the identity of each Client, and can not be held responsible for fraudulent use of its Identifiers or its means of payment. In case of loss or forgetful password , the Customer may send Solinest a request to reset his password.
6.1 Ordering: The Customer may only order the Products on the Website; no order can be placed by email, fax, mail or telephone.
It is an order with obligation of payment, which means that the placing of order involves an immediate settlement on the part of the Customer. The minimum order amounts to fifteen (15 €) euros.
To place an order, the Customer chooses a product, if necessary its color and size, the desired quantity and fills his basket by clicking on the button “Add to cart Without being required to purchase.
The “Shopping Cart” page that appears summarizes the desired order (product, quantity, price of the product and total price including VAT, delivery time and delivery time), and the customer can continue the order by clicking on the button “Proceed to the order “On the” Shopping Cart “page, the order is summarized with the same information, and the Customer can:
– delete the selected Products in his shopping cart at any time by clicking on the red cross for” Delete ”
– identify and rectify any errors made when choosing the Products on the Site,
– change the quantity of Products desired by modifying the number entered then clicking on “Update” to display the total price TTC rectified of the order.At any time, the Customer can see the summary of their order by clicking on the “Billing” page. On the “Shopping Cart” and “Billing” pages the Customer can enter a discount code if they have one. a.
The order placed on the Site is automatically canceled if you do not receive the full payment. The registration of the order is confirmed by sending an automatic email to the email address of the Customer Account or that indicated during the express order, after receipt of the amount of the order. The Customer will be informed of the follow-up of his order only by email.
6.2 Sales contract: The sale will be considered as definitive and the transfer of ownership of the Products to the Customer will only be effective after validation and payment by the Customer in accordance with the indications on the Site and sending to the Customer the confirmation email. control. The invoice will be sent to the Customer within 2 days of placing the order.
The confirmation email will summarize in particular the essential elements of the order (quantity, packaging, content, maximum delivery date, amount, shipping address …). It is the Customer’s responsibility to check the accuracy of the order and report any errors immediately. For any request for cancellation of an order before shipment, the Customer must contact the Customer Relations Department of Solinest to the coordinates listed in Article 19 of the GTC and recalled in the confirmation email, upon receipt of this email.
If the order concerns perishable items and is already shipping, Solinest reserves the right to refuse the cancellation or modification of an order, subject to the cases provided for in Article 19 below.
Article L.213-1 of the Consumer Code, when the sale involves a sum equal to or greater than 120 euros including tax, Solinest keeps the contractual documents for 10 years and guarantees their access to the Customer who can consult them on request by mail: firstname.lastname@example.org. The records of Solinest will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
6.3 Technical specifications:The Customer acknowledges that he has the necessary means and skills to use the Site. The equipment particularly computer necessary to the access and the use of the Site as well as the telecommunication expenses related to it are the sole responsibility of the Customer and are under its sole responsibility.Solinest can not be held responsible for any damage alleged or proven, suffered directly or indirectly, by any Customer following its connection to the Site, the consultation and / or use of the information provided on the Site or following the temporary impossibility to access the Site for technical maintenance issues or update.
7.Payment: the price is due in full at the time of confirmation of the order by the Customer. Payment for purchases made on the Site can be made by credit card Carte Bleue, Visa, MasterCard. It is specified that the Site is equipped with an online payment security system (“SSL protocol”), via a external platform managed by a payment provider BECM platform – BP 1089 – 68051 Mulhouse Cedex, which guarantees the confidentiality of banking data and compliance with PCI DSS security standards. The transfer of ownership of the Products to the Customer will only be effective after payment has been duly made and confirmed by Solinest.
- Deliveries: Deliveries may be made exclusively to the following countries: Metropolitan France, Corsica included, Germany, Austria, Belgium, Spain, Estonia, Finland, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Slovakia, Slovenia, Sweden.
Delivery is made according to the delivery method chosen by the Customer when ordering on the Site, and delivery is made to the delivery address mentioned during the order (which may be different from the billing address) . The indicative time and the delivery costs are indicated on the summary of the order, before its validation by the Customer, and the amount of the expenses depends on the contents of the order (quantity ordered, place of delivery, speed of delivery …). Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in the special case or unavailability of one or more Products, the Products ordered will be delivered at one time.
If the Products ordered have not been delivered within thirty days after the conclusion of the contract of sale, for any reason other than force majeure, the sale may be solved at the written request of the Customer under the conditions set out in the articles. L 216-1 and following of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The risks of loss and damage of the ordered products are transferred to the Customer when these products are physically delivered to him, except that the delivery is entrusted to another carrier than those proposed by Solinest. The Customer is required to check the status of the Products delivered and send an email to: email@example.com within 72 hours to inform Solinest of any damage. In the case where the package is damaged or has been opened, it is recommended to the Customer to refuse it, or to register precise and detailed reservations on the delivery note and to reiterate these reservations by registered mail to the carrier within three (3) days of receiving the package.
The Customer then has a period of eight days from the date of delivery to form by registered letter with acknowledgment of receipt any reservations or claims for non-compliance or defect of the delivered products, with all the relevant supporting documents (photo in particular) . After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any defect and no claim can be validly accepted by Solinest.
For reasons of hygiene and food safety, perishable goods will not be taken back or exchanged. However, Solinest will refund or replace within 14 days and at its expense, delivered products whose apparent or hidden defects or lack of conformity have been duly proven by the Customer, under the conditions provided for in Articles L 211-4 and following of Consumer Code and those provided for in these Terms.
In any case, the Customer may contact Solinest at the coordinates of article 19 of the GTC.
In the event that a package regularly transported to the Customer would be returned to Solinest, the Customer in will be notified and the costs of a new shipment will be billed to the Customer according to the rates in force.
Refusal to process an order: Solinest reserves the right to withdraw at any time any Product offered for sale on the Site and to modify or replace any information appearing on the Site. Despite Solinest’s efforts to best meet all orders, exceptional circumstances may arise (eg manufacturing, stock, or payment incident problems) and compel Solinest at any time to refuse to process an order. order despite a previous confirmation of this order. In the event that the payment has already been made, Solinest will refund to the Customer, as soon as possible, the full price paid, including the delivery costs. The cancellation of the order will entail no cost to the Customer.
Solinest may not incur any liability towards the Customer or a third party, as a result of the withdrawal of a Product on the Site, the modification or withdrawal of information contained on the Site or the cancellation of an order within the assumptions referred to in this article 9, which would occur after the order confirmation by Solinest.
- Right of Withdrawal and Returns:
10.1 General principle: In accordance with the Consumer Code, the Customer has the option, without having to justify or pay any penalty, to exercise his right of withdrawal, Products ordered on the Site within fourteen (14) calendar days to from the day of receipt of the Product (s) (the date appearing on the carrier’s receipt as proof), by returning the form attached to these Terms and Conditions, duly completed, either:
– by post to the following address: Solinest Customer Service –PERFECTLY BROKEN 2, rue de l’Ill Brunstatt (68350)]
– by email to the following address: firstname.lastname@example.org. After exercising his right of withdrawal, the Customer must return the New Products and in their original packaging and for the Clothing Products, unworn and not washed, at the latest within fourteen (14) days following the date of sending of his mail or email of retraction, the expenses of return of the Products remaining at his charge. Products returned incomplete, damaged, worn, worn or soiled will not be taken back by Solinest.
Solinest undertakes to reimburse the Customer for the price of the returned Products and the standard delivery charges that it may have paid (order less than 50 euros) by crediting the credit card used to pay, within a maximum period of fourteen (14) days following the date of receipt of its decision to retract. Only the standard delivery costs that have been incurred by the Customer will be reimbursed by Solinest to the exclusion of any additional costs resulting from the choice by the Customer of a more expensive method of delivery.10.2 Legal Exceptions: In accordance with the legal provisions and in particular articles L121-21-8-3 °, 4 ° and 5 ° of the Consumer Code, the right of withdrawal of the Customer is not applicable in the following cases: (i) Products manufactured according to the Customer’s specifications or clearly personalized; (ii) Products likely to deteriorate or expire rapidly, as identified by Solinest in the description of the Products; (iii) Products that have been unsealed by the Customer after delivery and that can not be returned for reasons of hygiene or health protection.
- Legal warranties:Solinest is held liable for the lack of conformity of the Products, under the conditions of Articles L. 211-4 et seq., And L. 217-7 et seq. Of the Consumer Code, and the hidden defects of the thing sold, in the conditions of articles 1641 and following of the civil code.
- 1 Legal guarantee of conformity:When the Customer acts as a legal guarantee of conformity, he:
– has a period of two years from delivery of the property to act;
– may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempted from reporting the proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
Legal guarantee of hidden defects on the products sold: The Customer can implement the legal guarantee against the hidden defects of the thing sold planned (article 1641 of the civil code). In this case, you can choose between the resolution of the sale or a reduction of the selling price (article 1644 of the civil code). This action must be brought by the purchaser within 2 years from the discovery of the defect (Article 1648 of the Civil Code).
- Force majeure:The obligations of Solinest will be suspended in case of occurrence of a force majeure event as long as the circumstances resulting in this event of force majeure last. Force majeure is understood in the sense traditionally retained by French case law.
- Intellectual property:The use of the Site or the order of a product does not give the Customer, in any case, any right to the trademarks, logos or any distinctive sign relating to the Products and the Site.
- Mediation:in accordance with Articles L. 612-1 and following of the Consumer Code, Solinest adheres to the mediation services of CMAP, whose contact details are 39 av. Franklin D. Roosevelt, 75008 Paris, +33 (0) 1 44 95 11 43. In case of dispute, the Customer sends Solinest, by mail with acknowledgment of receipt, a written complaint aimed at resolving this dispute. In the absence of agreement, the Customer may enter the CMAP free of charge, under the conditions specified on its website: www.mediateur-conso.cmap.fr
In addition, the Customer can also submit a complaint on the online dispute resolution platform put online by the European Commission, available at https://ec.europa.eu/consumers/odr. Solinest adheres to CMAP.
- Partial invalidity: if one or more stipulations of the GSC were deemed unlawful or void, this illegality or nullity does not have the effect of causing the illegality or the nullity of the other stipulations of the GSC which will remain applicable.
- Applicable law:the GTCS and the relations between the Customer and Solinest are subject to French law to the exclusion of conflict of law rules, subject to the application of mandatory provisions of the law of the State where the Customer has his habitual residence if it is located on the territory of the European Union.
- Competent jurisdiction:in the absence of amicable agreement, the competent Court will be, at the choice of the plaintiff and in accordance with the legal provisions, that of the place of the domicile of the defendant, or that of the place of actual delivery of the Products.
- Contact:for any request, you can contact Solinest by phone at 03.89.61.01.39, by email at email@example.com, or by post at 2, rue de l’Ill – Brunstatt (68350 )
- Language of the contract:The contract of sale will be concluded in the language chosen by the Customer when connecting to the Site (French version or English version of the GTC).
Appendix 1 – Retraction Form
Please complete and return this form only if you wish to retract your order from the Site.
Attention Solinest Customer Service
By email : firstname.lastname@example.org, or
by mail :
Service Client PERFECTLY BROKEN !
2 rue de l’Ill
I hereby notify you of my retraction of the contract for the sale of the Product below:
Ordered on ………………………… ..
Received on …………………………………
Order number: …………………………………………
Name of the Client (s): …………………………………………
Signature of the Client (s) (only in case of notification of this form on paper:
Date : …………………………………………