General Terms and Conditions for Distance Selling to Consumers
Huiling (hereinafter referred to as the "Seller") distributes high quality edible oils and beauty products made from oils(hereinafter the "Products").
The list of products offered in the context of distance selling is available on the website http://huiling.fr (hereinafter referred to as the "Website").
The system thus put in place, which supposes an active approach on the part of the customer, is in all respects in conformity with the requirements for distance selling and, in particular, by articles L.111-1, L.112-1 and L.221-5 and following of the Consumer Code.
The use of the distance selling process described in these general conditions of sale is reserved for consumers only, as defined by the preliminary article of the Consumer Code, acting exclusively for their own account and having the full capacity to contract.
Orders placed through this distance selling process must be solely for the personal use of the recipient of the Products, which excludes any resale of such Products to third parties.
Article 1: Scope
These general conditions of sale are applicable to all sales of Products concluded remotely on the Website.
The customer declares to have read these general conditions of sale before placing his order. The validation of his order is therefore acceptance without restriction or reservation of these general conditions of sale.
The customer must, at first and before validating his order on the Website take cognizance of these terms and conditions of distance selling, then in a second time, confirm his agreement on all of these terms and conditions of sale to distance by implementing the required confirmation of acceptance action on the Website by checking a box or clicking a button.
In accordance with the provisions of article 1127-1 of the French Civil Code, these general conditions of sale may be kept by any person visiting the Website, by means of a computer recording and may also be reproduced by the customer, by the way of their impression.
These general conditions of sale will apply as long as they appear on the Website. These general conditions of sale may be subject to change. Therefore, it is understood that the applicable conditions are those in effect on the Website at the time of placing the order on the Website. The date of posting of these general conditions of sale is effective date.
In the event that, after the date of their deletion from the Website and their replacement, the present general conditions of sale remain nevertheless accessible to the public via other Internet sites or by any other means, they would however no longer be opposable to the salesman.
Article 2: Identification of the author of the offer
Simplified joint-stock company with a capital of 7500 euros, registered with the Nanterre Trade and Companies Register under number 849 123 518
Head office: 35, rue du Professeur Victor Pauchet, Building Les Tilleuls, 92420 Vaucresson
Article 3: Product Information
Information on all Products that may be sold remotely is available on the Website.
This information complies with the requirements of the legal and regulatory texts in force and, in particular, with Articles L. 111-1 and L. 112-1 of the Consumer Code and with the ministerial decree of 3 December 1987 "relating to to consumer information on prices ".
The photographs, graphics, reproduction and descriptions of the Products and their packaging offered for sale are only indicative and do not bind the Seller. Customers have the opportunity to obtain additional information by contacting the Seller's customer service department by email at the following address: email@example.com
Article 4: Product Orders
4.1 Order Process
Orders are placed over the Internet on the Website. The customer retains the telecommunication costs when accessing the Internet and using the Website.
In accordance with the provisions of Article 1127-1 of the Civil Code, all the steps necessary for the sale are specified below:
(i) In order to place an order, the customer will click on the "Add to Cart" icon placed for this purpose next to the Products. Each new addition to his basket will be indicated by the appearance of a specific screen.
At any time, the customer will be able to:
- get a summary of the Products that he has selected or modify his order by clicking on the "Shopping Cart" icon accessible on each page;
- continue to select Products by clicking on "Continue Shopping";
-To determine your selection of Products and choose the delivery method by clicking on "Order".
(ii) The customer must then identify himself or open a customer account and fill out an order form specifying certain mandatory fields so that his selection can be taken into account by the Seller.
The client agrees to indicate:
- his name (s), first name (s), telephone number and e-mail address. The e-mail address must be perfectly valid and in perfect working order;
- a postal address at which delivery can be made during business hours from Monday to Saturday.
(iii) The customer will then have to choose the method of delivery.
(iv) An order summary will include all the information relating to this order, namely: the nature, quantity and price of the Products, the total amount (including shipping costs) of the order, the details of the order. customer, delivery address and billing address in accordance with Article 1127-2 of the Civil Code.
(v) After reading the status of the order, the customer will be invited:
- to click on the button "Order with obligation of payment" in order to proceed to the payment of his order
- or click on the "Back to Cart" button to modify the characteristics of his order and / or information about his personal details.
(vi) By clicking on the "Order with payment obligation" button, the customer must, after having read these general conditions of sale, tick the box "I have read and I accept the General Conditions of Sale ". The customer will then be considered as having accepted the present general conditions of sale and the fact that his order implies an obligation of payment.
(vii) The customer will then be redirected to a secure web page from which he will be asked to proceed to the payment of his order under the terms and conditions of article 6 below of these general conditions of sale.
In case of prolonged inactivity during the connection, it is possible that the selection of the chosen Products before this inactivity is no longer guaranteed. The customer will be invited to resume his selection of Products from the beginning.
From the moment the customer has validated his order, the Seller acknowledges receipt of it without delay (unless justified) and electronically in accordance with Article 1127-2 of the Civil Code.
However, the sale will be considered final only after the dispatch of the shipping confirmation by the Seller to the customer. Only Products shipped will be charged with delivery charges.
The order confirmation email sent to the customer will include the following information:
- the number of the order;
- the summary of the order (description of the Product (s) ordered (s), quantity, price and essential characteristics);
- the total amount of the order, all taxes included;
- delivery fees ;
- confirmation of payment;
- the terms relating to the delivery of the Products ordered.
4.2 Product Availability
Products are offered within the limits of available stocks at the time of placing the order by the customer. A product that has become unavailable is indicated as such. It is specified that the Seller will make every effort to ensure the availability of the Products offered.
In case of unavailability of a Product, the Seller will inform the customer as soon as possible by email of the delivery of a partial order or the cancellation of the order.
4.3 Refusal of orders
The Seller is entitled to refuse any abnormal order or placed in bad faith. Any order exceeding an amount of 500 euros TTC may be refused.
The Seller is also entitled to refuse any order from a customer with whom there is a dispute over the payment of a previous order.
Such refusals would indeed meet a "legitimate ground" within the meaning of the provisions of Article L.121-11 of the Consumer Code.
Article 5: Price of Products
The prices of the Products are expressed in euros and include all taxes.
VAT is applied at the rate in effect at the time of placing the order. The prices of the Products are exclusive of delivery charges or the price of other optional services, subscribed by the customer, which remain in addition.
These will be communicated to the customer before the latter proceeds to the validation of the order or the sending of the order form.
In accordance with the provisions of Article L.221-11 of the Consumer Code, the customer will receive, at the latest at the time of delivery, for each of the Products, the written confirmation of the price paid with the details of the price of the Products and services. delivery costs charged to him.
For Products shipped outside the European Union, the price will be calculated automatically excluding taxes. Customs duties or other local taxes or import duties or state taxes may be payable and will be borne by the customer.
Article 6: Terms of payment
Payment of the customer's purchases is made by credit card, Paypal or transfer.
The cards of the CB, VISA and Mastercard networks are accepted.
For this purpose, the customer guarantees to the Seller, during a remote order, that he is the holder of the credit card and that the name appearing on this bank card to be debited is his own then communicates in a secure environment, the sixteen-digit number and the expiry date appearing on the front of his credit card, as well as, where applicable, the numbers of the visual cryptogram on the back of his credit card, information that the Seller undertakes to keep strictly secret .
The payment can be validated after entering a 3D Secure code provided by the bank of the customer holding the bank card and communicated by SMS. The Seller has chosen the payment system SP Plus PRO, the online payment solution of the Caisse d'Epargne. The SP Plus PRO system is highly secure. All card payments are made on the servers of SP Plus Pro Caisse d'Epargne.
In the event that, for any reason (opposition, refusal of the issuing center ...), the debit of the sums due by the customer would be impossible, the purchase process will be canceled.
In the case of anti-fraud controls aimed at securing the transactions of its customers, the Seller will be entitled to ask the customer to provide one or more proof of address and / or copy of identity card by e-mail before to validate his order.
The order will then be final upon receipt by the Seller of these documents and sending the email or confirmation mail. In the absence of the receipt of these documents or if they do not make it possible to identify in a certain way the identity of the author of the order and the reality of his domiciliation, the Seller reserves the right not to accept the without being liable in any way whatsoever.
The Seller retains full ownership of the Products purchased by the customer until the latter has fulfilled all of its obligations and in particular until full payment of the price, if necessary plus interest. This does not preclude the transfer of risks from the Products to the customer upon delivery of the Products.
Article 7: Delivery
Delivery of the Products may only occur:
- to the delivery address indicated by the customer in the process of his order on the Website.
- or in the relay package chosen by the client
Delivery costs are accessible via the following links:
Delivery by Colissimo:
Delivery by Mondial relay:
In the event that the customer has indicated during his order an incorrect address or an incomplete address that does not allow the delivery of the Products, they will not be refunded and the Products ordered and the costs of return will be charged to the customer. except that it does not want a reshipping.
In accordance with Article L.111-1 of the French Consumer Code, the customer is advised before the conclusion of the contract of the deadline for the Seller to deliver the Product. This delay is within one month of receipt of the order.
The Seller undertakes to do its utmost to ensure that any order received before 10.00 am working day leaves its warehouses within 48 hours. The average deadlines observed from the Seller's deposit are as follows:
● Sending Colissimo home for France: 48H.
● Colissimo return shipment for France: 48H
● Sending Colissimo home for overseas:
From D + 5 to the OM1 zone, excluding Mayotte and St-Pierre-et-Miquelon
From D + 7 to the zone OM2, Mayotte and St-Pierre-et-Miquelon
● Colissimo home and withdrawal point Europe: From D + 3. Offer available to 30 countries in Europe
● Sending Colissimo expert / Colissimo return for international: from D + 3. Time commitment to 40 destinations
● World Relay shipment: 2-3 business days
In case of deliverables on different dates given their availability, the delivery time is based on the longest time. The Seller reserves the right to split deliveries.
The customer can be informed, in real time, the status of the delivery of his order on the website of the carrier that will be communicated to the customer upon shipment.
If, during the delivery, the external appearance of the package is not perfect, the customer will proceed to its opening in the presence of the carrier to check the condition of the Products.
If the package is damaged, the customer must refuse. The carrier will inform the Seller. Upon receipt of this information, the Seller undertakes to return to the customer as soon as possible an identical package.
In the absence of damaged package, if the Product does not correspond to the customer's order, the provisions of article 9 below apply.
Article 8: Right of withdrawal and return of Products
8.1 Retraction process
In accordance with Article L.221-18 of the Consumer Code, the Seller grants the customer a withdrawal period of fourteen (14) clear days from the date of receipt of the order without having to justify reasons or to pay fee and penalty.
Thus, the customer may exercise his right of withdrawal by sending the Seller the withdrawal form available in the appendix of these general conditions of sale and on the Website or any other statement without ambiguity of its withdrawal.
This form or this declaration may be sent to the following postal address: 35, rue du Professeur Victor Pauchet, Building Les Tilleuls, 92420 Vaucresson or by e-mail to the following address: firstname.lastname@example.org
The Seller will acknowledge receipt of the return request by sending the customer a confirmation email.
Once the withdrawal form is sent, a new period of fourteen (14) days is allocated to the customer in order to return the unwanted Products in their original packaging with a copy of the invoice of the confirmation email, for exchange or refund, without penalty, with the exception of the cost of return which are the responsibility of the customer.
It will be up to the customer to provide proof of this return of the Products and the date of dispatch.
The Seller will then reimburse the customer for all sums paid by the latter no later than fourteen (14) days from the date on which it is informed of the customer's decision to retract. The refund may be deferred until the actual recovery of the Products by the Seller or until the customer has provided proof of shipment of the Products. The refund will be made using the same means of payment used by the customer for the initial transaction, unless the customer expressly agrees that the Seller uses another means of payment.
8.2 Exception to revocation
Products returned by the customer must be intact, unopened and in perfect condition. Under the exception provided in point 5 of Article L.221-28 of the Consumer Code, Products returned unsealed, incomplete, damaged, damaged or soiled by the customer will not be refunded.
Under the exception provided for in point 3 of Article L.221-28 of the French Consumer Code, the right of withdrawal will not apply to orders for products subject to personalization or customer's specific request when ordering.
Article 9: Compliance - Legal guarantees
The Seller is obliged, for all the products sold at a distance, to the application of the legal guarantees of conformity (articles L.217-4 to L.217-14 of the Code of the consumption) and latent defects (articles 1641 to 1649 of the Civil Code) under the conditions provided by law.
The Seller informs the customer that when he acts under the legal guarantee of conformity:
- he has a period of two (2) years from the issue of the Product to act;
- he can choose between the repair or replacement of the Product, subject to the cost conditions provided by Article L.217-9 of the Consumer Code;
- it is not necessary to prove the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the good.
The legal guarantee of conformity applies independently of any commercial guarantee granted by the Seller if necessary.
It is recalled that the customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case he can choose between the resolution of the sale or a reduction in accordance with Article 1644 of the Civil Code.
As part of the legal guarantee of conformity, the Seller agrees to the customer's choice:
- replace the Product with an identical product depending on the available stocks,
- to refund the price of the Product, within a maximum period of 30 days, if the replacement of a product proved impossible.
As part of the legal warranty of hidden defects, the Seller agrees to the customer's choice, after evaluation of the defect:
- to refund the full price of the returned product within a maximum period of 30 days,
- or to refund a portion of the product price, within a maximum of 30 days, if the customer decides to keep the product.
Reminder of articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:
"Article L.217-4 of the Consumer Code:
The seller delivers a good that complies with the contract and responds to the lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. "
"Article L.217-5 of the Consumer Code:
The property is in accordance with the contract:
1 ° If it is clean the customary expected use of a similar good and, where appropriate:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. "
"Article L.217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
"Article 1641 of the Civil Code:
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if he had known them. "
"Article 1648 of the Civil Code, first paragraph:
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. "
Article 10: Complaints - information
For any information, complaint or question relating to the distance selling conditions put in place by the Seller or to the Products themselves, customers should contact the Customer Service of the Seller at the following email address email@example.com en recalling their order number.
Article 11: Protection of personal data
The Seller, responsible for processing, has established an electronic file that lists certain personal data relating to its customers (surname, first name, address, email address, telephone number). This information is necessary for the management of orders and deliveries as well as the organization of commercial prospecting operations. When an order is placed by any new customer, this database will be enriched by information about it, which will also allow, subsequently, to better meet its expectations and facilitate the assistance services provided by the customer. customer service.
The information collected is essential for this treatment and is intended for the Seller's services and, where applicable, its service providers and / or subcontractors.
The Seller processes the personal data of its customers (i) for the execution of the contract concluded between the customer and the Seller notably for the processing and the follow-up of the orders, (ii) within the framework of its legitimate interest for the purposes of marketing management and the fight against fraud, (iii) in the context of compliance with its legal and tax obligations and (iv) when the customer has given his consent for certain commercial prospecting operations.
Personal data collected for commercial prospecting purposes will be kept for three years from the last order or last contact from the customer.
In accordance with the provisions of the law n ° 78-17 of 6 January 1978 relating to data, files and freedoms in particular modified by the ordinance n ° 2018-1125 of December 12, 2018 and the regulation 2016/679 / EU of 27 April 2016 "on the protection of individuals with regard to the processing of personal data and the free movement of such data", the customer has the right to access, rectify, delete its personal data, a right to withdraw consent, a right to limit processing, a right of objection for legitimate reasons to the processing of data, a right of portability of data, a right to of advance directives post mortem, by sending an email to the address firstname.lastname@example.org or a postal mail with the Seller with the address 35, street of the Professor Victor Pauchet, Building the Tilleuls, 92420 Vaucresson, has accompanied by a copy of his identity document. The customer also has the right to lodge a claim with the CNIL.
In addition, in accordance with Article L.223-1 of the Consumer Code, the customer has the opportunity to register on the list of opposition to canvassing telephone.
Article 12: Intellectual property rights
The Website is the property of the Seller who operates it.
Unless otherwise stated, all elements of the Website, including texts, trademarks, company names, logos, products, domain names, presentations, graphics, illustrations, photographs, films, trees and formatting are the exclusive property of the Seller .
As such, their representation, reproduction, nesting, distribution, adaptation, rebroadcast, partial or total, is prohibited. Any person proceeding without being able to justify a prior and express authorization of the holder of the rights attached to the elements of the Website is liable to an action for infringement.
Similarly, any representation, reproduction, nesting, distribution, adaptation, rebroadcast, partial or total, of the database contained in the Website is prohibited, unless prior and express authorization of the holder of the rights attached to the database used.
This will of course also apply to all copyrights, designs and models, patents that are the property of the Seller.
Customers are not granted any license or right other than the right to view the Website.
It is specified that the reproduction of all elements or documents present on the Website for information purposes (for example by printing a page of the Website) is however allowed provided that it is for a strictly personal use. and private.
Any reproduction and, in general, any use of copies of elements or documents on the Website, made for other purposes are expressly prohibited without the express permission of the holder of the rights attached to these elements or documents.
All rights not expressly conferred by these general conditions of sale are reserved.
Article 13: Force majeure
The performance by the Seller of all or part of his obligations will be suspended in case of occurrence of a case of force majeure that would hinder or delay the execution.
Are considered as such, any event beyond his control that could not reasonably be expected when ordering and whose effects can not be avoided by appropriate measures and, in accordance with Article 1218 of the Civil Code.
The Seller will inform the customer of such force majeure within seven (7) days of its occurrence. If this suspension continues beyond a period of fifteen (15) days, the customer or the Seller would then have the opportunity to cancel the order in progress, and it would then be refunded.
Article 14: Litigation - Applicable Law - Mediation
These general conditions of sale are subject exclusively to French law.
In case of dispute regarding their interpretation and / or execution, the customer is required to address his complaints in writing to the customer service of the Seller by mail to the address 35, rue du Professeur Victor Pauchet, Immeuble Les Tilleuls, 92420 Vaucresson or by e-mail at email@example.com
In case of failure of the complaint request to the customer service or in the absence of response from this service within two (2) months from the date of receipt of the written complaint, the customer can enter free of charge a consumer mediator who will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution, in accordance with articles L.611-1 and following of the Consumer Code.
The contact details of the consumer ombudsman are as follows:
73 boulevard de Clichy
The client must submit his request to the mediator within less than one (1) year from his written complaint to the Seller.
The client remains free to initiate, accept or refuse the use of mediation. In the case of recourse to mediation, the parties remain free to accept or reject the solution proposed by the mediator.
In the event of failure of mediation or any other method of extra-judicial resolution, any dispute will be subject to the exclusive jurisdiction of the French courts designated under the French rules of procedure.
APPENDIX: Retraction Form
Please complete and return this form only if you wish to withdraw from the contract.
I / we (*) notify you (*) hereby my / our (*) retraction of the contract for the sale of the property: ------------------ -----------------------
Ordered on: ------------------------
received on: --------------------
Name of the consumer (s): -------------------------
Address of the consumer (s): -------------------------
Signature of the consumer (s) (only in case of notification of this form on paper):
(*) Delete the mention useless.