MAISON DELAHAYE SAS
GENERAL TERMS AND CONDITIONS

1/ Object

The following provisions establish the general conditions of sale of the products offered by MAISON DELAHAYE SAS through its website, accessible at the following address: www.sana-vita.fr, or by telephone.

Any order for a product implies unreserved acceptance by the purchaser, and full acceptance of these conditions, which prevail over any other document. Any document other than these general conditions of sale, and in particular catalogs, prospectuses, advertisements, notices, are only informative and indicative, not contractual.

 MAISON DELAHAYE reserves the right to modify these general conditions of sale at any time. It is therefore the buyer's responsibility to regularly refer to the latest version of the General Conditions of Sale, permanently available on the SANA-VITA.fr site.

Identification of the company

MAISON DELAHAYE

Limited company with capital of 4000€

1 rue des ajoncs

56350 Rieux – France

Mail : contact@maison-delahaye.fr

Tél : (0)2 23 10 63 22

SIRET 804306074 00027

RCS Vannes 804 306 074

TVA FR69 804306074


The site's publication and editorial manager is Mr. Christophe DELAHAYE, Manager. The site www.sana-vita.fr is hosted by the company TMD HOSTING.

 

 

2/ Characteristics of the products and services offered

2.1 | Products


MAISON DELAHAYE offers its delicatessen products through the merchant site www.sana-vita.fr

Characteristics

In general, the characteristics of the products relate in particular to the designations, packaging, compositions, precautions, energy values, weight in support of the photograph illustrating them.

The customer acknowledges that the photograph representing the product that appears therein is only indicative, the packaging may change according to renewals and updates from the producer.

The products presented in the catalog comply with the French legislation in force and the standards applicable in France.

Some products are subject to variation in the displayed weight (by drying, desiccating or by cutting an upper unit) but are sold individually. Even though MAISON DELAHAYE undertakes to always be as close as possible, the customer acknowledges having read and accepted this deviation, the product being sold individually, by piece.

Availability:

Our product offers are valid as long as they are visible on the site, while stocks last.

In the event of unavailability of a product after placing your order (stock error, breakage of a product), we will inform you by email or telephone. We will then offer you a choice of:

- the reimbursement of the missing product (s) by credit card, Bank check or Paypal,

- reimbursement in voucher,

- replacement by products of your choice of equivalent value,

- the outright cancellation of your order.

Validation will be suspended until your response. MAISON DELAHAYE reserves the right to modify or no longer market these products at any time, although these modifications have no effect on orders accepted before the entry into force of these modifications.

2.2 | Services

MAISON DELAHAYE presents its product ordering and delivery service as well as these general conditions of sale to individuals, directly by writing to the address contact@sana-vita.fr

Geographical delivery limitations are defined in the drop-down lists of countries accessible on the website.

The prices are established when entering the city of the country of chosen destination. MAISON DELAHAYE reserves the right to update its prices as negotiations with its service providers progress, in the interest of the buyer.

In doing so, a dialog box appears during the constitution of the basket to present to the customer the state of delivery costs. 

3/ Order

The order can be placed on the site www.sana-vita.fr in three languages (French, English, Russian) without access limit or by phone on (0) 2 23 10 63 22 (non-surcharged call) at hours of opening, from Monday to Friday, from 9 a.m. to 6 p.m., excluding public holidays.

3.1 | Basket constitution

The customer chooses among all the products offered for sale the one or those he wishes to buy by filling his basket online, as well as his choice of the shipping option if applicable.

The quote is established online, and summarizes the purpose of the order, its amount and the cost of shipping.

It is the customer's responsibility to check if the quote corresponds to his expectations in terms of designations, weight, price, quantities of products. He can then validate his order and accept it without reservation, by clicking on the payment phase, thereby effectively accepting these General Conditions of Sale.

For the registered user, the quote remains in memory until it is transformed into an order, and can be modified and canceled at any time. The price applied is that of the date of payment of the order.

MAISON DELAHAYE reserves the right not to confirm an order for the following reasons: product supply problem, foreseeable problem with the delivery to be made, and notifies the customer in advance.

In the event that one of the products covered by the order is no longer available for sale, MAISON DELAHAYE will notify the Customer by all available means. The latter will then have the possibility of requesting either the replacement of the missing product by another, validated by MAISON DELAHAYE, or not to replace it, and in this case, the missing product will be deducted from the initial estimate and the postage recalculated.

Note : MAISON DELAHAYE cannot engage in regulatory aspects specific to the customer's country of destination (customs, sanitary for example) which the latter must verify before accepting the quote.

3.2 | Customers registration

The customer accesses the payment as a guest or by registering (in this case, his data is kept and the customer is automatically subscribed to the Newsletter from which he can unsubscribe later if he wishes).

The customer provides his identity and delivery data on the site and undertakes to provide accurate and complete information, as well as to update it as soon as possible in the event that changes should be made.

MAISON DELAHAYE cannot be held responsible for any errors in entering this information on the part of the customer, nor for any resulting delays or errors during delivery.

3.3 | Prices

3.3.1 Products price

The prices displayed for the items on the site are expressed in the currency chosen by the visitor (or in Euros by default), excluding tax, and the quote is presented in detail, with or without VAT (excluding EU) depending on the location of the recipient).

MAISON DELAHAYE reserves the right to modify its prices at any time, but not in an engagde order.

When ordering, the products remain the property of MAISON DELAHAYE until full payment of the price.

3.3.2 Shipping costs

The cost of transport appears independently of the cost of the product. It can be modified at any time by MAISON DELAHAYE, but not on a committed order.

The Customer is informed that the delivery costs are invoiced in addition to the price of the Products; they include packaging, handling and transport services.

The cost of transport depends on the service selected, the gross weight of the package or the increase in the gross weight or volume weight of the package, according to service providers' prices and continuously updated.

Only the final price to be paid indicated in detail in the basket constitutes the full price to be paid: it includes the price of the products, handling, transport, packaging costs, and possibly cold accumulators in season for certain sensitive products such as chocolates.

On the other hand, the duties and taxes specific to the countries of destination are not included in the estimate of the tunnel of the order, it is up to the customer to pay them on delivery of the latter, as well as the various possible service charges requested by the local correspondent of the chosen carrier.

3.3.3 Orders to the EU

Processing and shipping charges are calculated based on the gross weight of the order and the country of destination. The customer can at any time know the amount of processing and shipping costs by consulting the order basket before payment.

The price is calculated inclusive of all taxes. For professionals with an intra-community VAT number who would like to be exempt from VAT, they must first contact the MAISON DELAHAYE teams by email or phone. The procedure to be followed will be specified.

Orders placed directly on the site without prior contact will not be able to benefit from the VAT exemption even if the customer provides an intra-community VAT number.

3.3.4 Orders shipped outside the European Union

In the event of an order to a country outside the EU, the customer is the importer of the product (s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be automatically calculated net of tax on the invoice, on the basis of the gross weight or weight / volume of the order.

Customs duties or other local taxes, import duties or state taxes may be payable. These rights and sums are not the responsibility of MAISON DELAHAYE. They will be the responsibility of the customer and are their sole responsibility, both in terms of declarations and payments to the competent authorities and / or bodies in their country.

We advise the customer to first inquire about these aspects with the local authorities. It is also their responsibility to check with these authorities about any import restrictions on the products planned to be ordered.

3.3.5 Processing and shipping costs

Shipping costs include postage, packaging and handling, making and sending the package. They appear after constitution of the basket and determination of the destination, before going to payment.

Metropolitan France

Shipping cost is established on the basis of the updated Colissimo home offer.

European Union

Shipping cost is established on the basis of the updated Mondial Relay offer when the destination allows it, or Delivengo (2 kg max), both home delivery.

Outside the European Union

As soon as the port is calculated and appears on the site when the order is placed, shipping to the destination is possible; home delivery also, via Colissimo or Delivengo (2 kg max).

For packages over 30 kg, Express delivery, personalized packages, delivery by quantity on composite pallets (quotes on request) are possible.

For all international deliveries outside the EU, the weight used for pricing is the increase of the gross weight and the volume weight of the package to which the carrier's rate applies.

Customs declarations are made by Maison Delahaye, attached to the package (3 copies) with copies of the customer invoice (2 copies).

For all other requests, risks, closures, contact us: contact@maison-delahaye.fr

 

3.4 | Payment

To pay for his order, in Euros, the customer has the choice between the following payment options:

  • By credit card, through the MONETICO secure payment system (CIC Group - CREDIT MUTUEL / CREDIT INDUSTRIEL ET COMMERCIAL).

Paypal or Monetico transfer fees are under the responsibility of MAISON DELAHAYE.

In certain special cases, and at his request, the customer can proceed outside the Internet by bank transfer (individualized exchange of IBAN / BIC details), with bank charges at issue remaining at his expense.

In all cases, the order is validated upon receipt of funds.

If the bank refuses, the order will be automatically canceled and the Customer informed by MAISON DELAHAYE.

MAISON DELAHAYE remains the owner of the products sold, until full collection of the price, including costs and taxes.

No payment period is granted and orders are not sent until payment has been received and cashed.

Discount code

Discount codes are applicable only on the value of the products, which must reach at least the value of the voucher and cannot relate to shipping costs. This offer cannot be combined. Discount codes are not retroactive and cannot be applied once the order has been placed. Reduction codes benefiting from offered products are valid within the limits of available stock. Reduction codes are valid until their expiry date.

3.5 | Order confirmation

Validation by the Customer

The latter declares to have read and accepted these General Conditions of Sale before placing his order. The validation of the order therefore implies acceptance of these General Conditions of Sale. For orders placed directly on our website or by phone if you have left us an email address, you will receive an email confirming your order.

Unless proven otherwise, the data recorded by MAISON DELAHAYE constitutes proof of all transactions with its customers.

 

 

Validation by MAISON DELAHAYE

Upon receipt of orders, MAISON DELAHAYE ensures the consistency of the data communicated. As part of its policy of combating fraudulent payments, MAISON DELAHAYE reserves the right to conduct any necessary investigation before validating an order. This may include in particular the request for proof of address or the request for the contact details of your bank branch. When such a procedure is launched, the validation of the order is suspended. If the order was not validated within 15 days, the order would be canceled and the amounts paid refunded. This period may be extended if document exchanges are in progress between the customer and Maison Delahaye.

3.6 | Consumer code (L.221-18 - 28 Art. of Consumer code)

With the exception of products likely to be damaged quickly (L221-28), the customer has a period of 14 days from receipt of your products (extended to 15 days if the period expires on a weekend or day holiday) to exercise their right of withdrawal from MAISON DELAHAYE without having to justify reasons or pay a penalty.

The customer will inform MAISON DELAHAYE of his decision by sending him, before the expiry of the deadline, the standard withdrawal form by email or by registered mail with acknowledgment of receipt.

In case of exercise of the right of withdrawal within the aforementioned period, we will reimburse you for the product (s) concerned within a maximum period of 30 days following your request. The shipping and return costs remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, protection, etc.) to the address: MAISON DELAHAYE - Retour - 1 rue des ajoncs 56350 RIEUX.

MAISON DELAHAYE will not accept any return of products that have been opened or whose packaging has been damaged, neither for fresh products or for all products after the expiration of the expiration date. If these products were nevertheless returned, they would not be subject to any refund in any form whatsoever.

4/ Delivery

The products are delivered to the address provided by the customer on the website, via the chosen carrier (and / or its network if applicable).

The delivery cost appears in the basket constitution dialog box, when entering the destination and the delivery method chosen; this amount cannot be estimated before the basket is fully realized, the cost being determined by the carriers by the comparative calculation of the gross weight and the equivalent volume weight of the order thus constituted.

The dialog box evolves as the process of placing the customer in the basket, who is thus informed in real time of the amount of his order.

Invoices are attached to the customer package when ordering. The tracking number is automatically sent to the customer by email when it is sent.

The transport times indicated on the site are given as an indication and vary according to the place of delivery and the carrier, MAISON DELAHAYE cannot be held responsible for exceeding the deadlines, in particular in the event of force majeure, or special checks. in customs.

4.1 Delivery cost

The transport times indicated on the site are given as an indication and vary according to the place of delivery and the carrier, MAISON DELAHAYE cannot be held responsible for exceeding the deadlines, in particular in the event of force majeure, or special checks. in Customs.

It is in the customer's interest to properly fill in the address, phone number and e-mail address fields to facilitate the delivery person's task, as well as any useful attendance notes.

Invoices are attached to the customer package when ordering. The tracking number is sent by email to the customer.

4.2 Delivery time

In case of payment by credit card, orders are shipped the same day for orders placed before 11 a.m. and the next day for orders placed after 11 a.m. Orders confirmed on Friday after 11 a.m. are shipped the following Monday except for exceptional opening on Saturdays, especially in December. Orders validated on Saturday and Sunday are shipped on Monday. Public holidays are considered a Sunday.

In case of payment by transfer, orders are shipped the day after receipt of the transfer. For transfers received on Friday, orders are shipped the following Monday.

The transport times indicated on the site are given as an indication and vary according to the place of delivery and the carrier.

MAISON DELAHAYE cannot be held responsible for exceeding deadlines, in particular in the event of force majeure, or special customs checks.

4.2.1 Reception methods

The customer agrees to accept delivery of his order at the place and date indicated in his order, upon receipt of the carrier's notice.

In the absence of the recipient or of a person who can take possession of the order, and depending on the formula chosen, the carrier may leave a transit advice note at the delivery address indicated by the customer, inviting the latter to contact him for a possible next re-delivery or for a withdrawal at the carrier's agency.

No dispute of absence relating to the actual delivery will be possible if the parcel is deemed by carrier tracking to have been delivered, or put on hold due to the absence of the customer, the carrier's package tracking system being proof.

If the recipient does not claim the package within 15 days, it will be returned to us and we will notify you by email. Depending on the carriers (UPS for example), return costs may be applied and can only be paid by prior agreement with MAISON DELAHAYE.

4.2.2 Exemples of delivery times

France

For shipments by Colissimo with tracking, you will receive your package within a nominal period of 48 working hours following the shipping date for any order placed before 11 a.m. from Monday to Friday.

For relay shipments, you will receive your package at the relay point within 48 - 72 hours of the shipment date for any order placed before 11 a.m. from Monday to Friday.

Please note: relay points do not receive packages on Saturdays and relay points are traders, they may have weekly closing days.

For shipments by express couriers, you benefit from an express delivery service with the guarantee of receiving your packages on D + 2 for any order placed before 08:00 p.m. from Monday to Friday, D day. Express departures are provided Monday to Friday, not Saturday.

 Europe

For the European Union and Switzerland, deliveries are generally made within 7 working days (average times noted). For other countries and DOM / TOM, delivery times vary depending on the distance and the carriers.

 Any special request can be processed in agreement with the customer, by direct exchange with our service, from Monday to Saturday, from 10 a.m. to 8 p.m.

Miscellaneous

Any special request can be processed in agreement with the customer, by direct exchange with our service, from Monday to Saturday, from 10 a.m. to 8 p.m.

Deadlines :

The times indicated are the delivery times usually observed. We are committed to delivering the orders:

To France: within 15 days maximum following receipt of payment

To Europe: within 30 days maximum of receipt of payment

For the rest of the world: within 60 days maximum of receipt of payment

Our Sales Department can provide you with any additional information as well as an estimate of delivery times on a case-by-case basis.

 

5/ Force majeure

The parties cannot be considered as responsible or having failed in their contractual obligations, when the failure to perform the respective obligations is due to force majeure.

Are considered as force majeure, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises and production or other facilities, manufacturing incidents, disruptions in transport, difficulties of 'supply, containment, customs measures of any nature or origin whatsoever, or any other fortuitous event which prevents or delays totally or partially the performance of the obligations of MAISON DELAHAYE.

Initially, the event of force majeure, considered above, suspends the execution of the contract; if the force majeure event lasts longer than one (1) month, and occurs before the order is sent, the customer will then have the possibility of terminating the current order and it will then be proceeded with either its refund or to the credit of the amount concerned for his next order.

 6/ Disputes

According to Article L216-4 of the Consumer Code, any risk of loss or damage to goods is transferred to the customer where the latter takes physical possession of these goods. 

Delay

The deadlines are given as an indication to the customer.

Express Transport

Beyond 3 days of delay noted, the customer is entitled to assert a complaint, which will be processed after verification of the tracking of the parcel and may result in a refund of the amount paid for transport or an equivalent credit valid for 3 months. In the event of reimbursement by bank transfer, the costs of the transfer to the customer's bank are borne by the latter.

STANDARD transport

The delay of the postal services does not give the possibility of opening a complaint. Nevertheless, MAISON DELAHAYE will study any particular case.

In any case, the delay due to the fact of specific customs controls cannot be attributed to MAISON DELAHAYE, for any reason whatsoever.

The customer is strongly advised to check that the regulations of his country authorize him to acquire the products ordered, MAISON DELAHAYE declines all responsibility for its knowledge of the regulations of the client countries.

Loss of the parcel

Express Transport

Beyond 5 days of delay, the customer may issue a complaint which, after verification of the absence of force majeure, will result in the refund of the total amount of the order, or the issuance of a valid equivalent credit 3 month. In the event of reimbursement by bank transfer, the costs of the transfer to the customer's bank are borne by the latter.

Standard Transport
The customer's declaration of loss will be taken into account 15 days after the indicative date given for delivery when ordering. It is only after 90 working days that, if the facts are confirmed, the amount of the order will be fully refunded to the customer in the form of a credit note valid for 3 months.

The case of loss of the parcel does not cover its blocking in customs due to regulations specific to the recipient country not respected.

The best accuracy of information when establishing the complaint is necessary for efficient and faster processing by carriers; as such, the customer is advised to specify as best as possible the specifics of the requested delivery address.

The case of loss of the parcel does not cover its blocking in customs due to not respeted rules specific to the recipient country.

Damages parcel

Any delivery not accepted by the customer must be subject to reservations upon receipt, shown on the delivery document presented by the carrier and co-signed, and photographs taken before opening the package, under penalty of nullity. account. A copy will be sent to Maison Delahaye.

Only the use of the EXPRESS mode of transport gives the right to a credit for the amount of the order as soon as the package is refused on arrival, and the cause duly mentioned by the latter to the transport service by the establishment of a contradictory statement aimed at by both parties.

Acceptance of the package with reservations may give rise to the examination of any subsequent possible claim, but without guarantee of any refund, the dispute being dealt with on a case-by-case basis.

In both cases, it is strongly recommended to provide a photograph of the damaged package. Any credit will be posted to the customer's account within (1) month.

Non-compliant delivery

Despite the care taken in the composition of the package, and apart from the possible agreement between MAISON DELAHAYE and the customer on the exchange of an item out of stock for example, the notification by the customer of a reference error or a lack in the package may give rise to the replacement free of charge of the item (s) concerned by MAISON DELAHAYE as soon as possible, after it has checked its consistency.

Any complaint will be the subject of an alert by email, supported to the best of evidence by postal transmission.

 

7/ Liability

MAISON DELAHAYE cannot be held responsible for the non-performance of the contract, in the event of unavailability of the product, due to a case of force majeure, disruption or total or partial strike, in particular postal services, means of transport and communications.

The customer is solely responsible for the choice of products, their conservation from delivery and their use. MAISON DELAHAYE cannot be held responsible for any consequential damage to this effect.

In addition, it is up to the customer and only to the latter, to identify the products whose consumption is not recommended to him; to this end MAISON DELAHAYE provides on its site the compositions given by the producer and any precautions.

MAISON DELAHAYE cannot be held responsible for non-compliance with the legislative or regulatory provisions in force in the country of delivery with regard to the products, being solely responsible for compliance with the French regulations in force. It is therefore up to the customer to check beforehand and under his sole responsibility that the importation of these products and their consumption are authorized in the country of delivery.

In any event, and whatever the possible reason for calling into question MAISON DELAHAYE's liability, this is limited to the price of the order.

 8/ Partial disability

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.

 9/ Non-waiver provision

The fact that one of the parties does not invoke a breach with the other party, in any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.

10/ Governing law and jurisdiction

Sales of MAISON DELAHAYE products are subject to French law. Any dispute relating to the interpretation, execution or breach of the contract concluded between MAISON DELAHAYE and the customer, even in the event of multiple defendants, will, failing its express request from its jurisdiction of domicile or delivery of the order, under the jurisdiction of the courts of Vannes (Morbihan, France).

The amicable settlement of disputes remains first and foremost the priority of the parties.

The French language of these General Conditions of Sale prevails over any translated version, including those provided for information by MAISON DELAHAYE.

 

 

11/ Personal data

MAISON DELAHAYE reserves the right to collect nominative information and personal data concerning its customers. They are necessary for the management of the order, as well as for the improvement of the services and the information concerning them.

They may also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment, unless expressly mentioned by the customer.

This information and data is kept for security purposes, in compliance with legal and regulatory obligations.

In accordance with the law of January 6, 1978, the customer has the right to access and rectify personal information and personal data concerning him.

 

12/ Customer service

All correspondence can be made in Russian, English, French, at the following address:

Mailing Address

MAISON DELAHAYE

1 rue des ajoncs

56350 RIEUX

France

Email Address for customers orders : contact@sana-vita.fr