Olivier Morin

General terms and conditions of sale

Terms and conditions of use

The online shop has been set up by Le Domaine Olivier Morin, which is the operator of this site. Any order taken for a product appearing in the online shop of the Olivier Morin site implies the prior consultation of these general conditions. Consequently, the consumer acknowledges that he/she is fully informed of the fact that his/her agreement concerning the content of the present general conditions does not require a handwritten signature of this document, insofar as the customer wishes to order online the products presented in the web site shop. The consumer has the option of saving or editing the present general conditions, it being specified that both the saving and editing of this document are the sole responsibility of the consumer. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website are in fact related to his or her professional activity. The online shop set up by the Domaine Olivier Morin as part of the website mentions the following information:  
  • Presentation of the essential characteristics of the proposed goods
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  • Indication, in Euros, of the price of the goods, as well as, if applicable, the delivery costs
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  • Indication of payment terms
  • The existence of a right of withdrawal
  All this information is presented in French. The consumer declares that he has full legal capacity enabling him to commit himself under these general terms and conditions.   Article 1: Completeness The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or handed over by the consumer may be incorporated herein, as long as these documents are incompatible with these general conditions.   Article 2: Object The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the Domaine Olivier Morin to the consumer.   Article 3 : Entrée en vigueur – durée These general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed to, until the extinction of the guarantees due by the Domaine Olivier Morin.   Article 4: Electronic signature The consumer’s “double click” on the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.   Article 5: Proof of the transaction The computerised registers, kept in the computer systems of the Domaine Olivier Morin under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable support that can be produced as proof.   Article 6: Product information 7-a: The Domaine Olivier Morin presents on its website the products for sale with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know, before the final order is taken, the essential characteristics of the products he wishes to buy. 7-b: The offers presented by the Domaine Olivier Morin are only valid within the limits of available stocks.   Article 7: Prices The prices are indicated in euros and are only valid on the date the order form is sent by the consumer. They do not take into account delivery costs, which are invoiced in addition and are indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be passed on to the price of the products in the online shop. The payment of the totality of the price must be made at the time of the order. At no time may the sums paid be considered as a deposit or advance payment.   Article 8: Method of payment In order to pay for his order, the consumer has, at his choice, all the methods of payment listed on the order form. The consumer guarantees the Domaine Olivier Morin that he has the necessary authorisations to use the method of payment chosen by him when validating the order form. The Domaine Olivier Morin reserves the right to suspend all order management and delivery in the event of refusal of authorisation for payment by credit card by officially accredited organisations or in the event of non-payment. In particular, the Domaine Olivier Morin reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. For a payment by cheque, a copy of the identity card must be provided.   Article 9: Availability of products The order will be processed at the latest within 5 working days from the day following the day on which the consumer placed the order. In the event of unavailability of the product ordered, the consumer will be informed as soon as possible and will have the possibility to cancel the order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or an exchange of the product.   Article 10: Delivery problems caused by the carrier The goods travel at the risk of the recipient. Any anomaly concerning the delivery (damage, missing product in relation to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, accompanied by the customer’s signature. At the same time, the consumer must confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt setting out the said claims. The consumer must send a copy of this letter by email or by post to : Domaine Olivier Morin 2 chemin de vaudu 89530 Chitry chitry@olivier-morin.fr   Article 11: Delivery errors 11-a : The consumer must make any claim to the Domaine Olivier Morin on the day of delivery for any delivery error and/or non-conformity of the products in kind or in quality with regard to the indications on the order form. Any complaint made after this deadline will be rejected. 11-b : The formulation of this complaint to the Domaine Olivier Morin can be made in priority by telephone at 06.26.32.04.26 – via the following e-mail address chitry@olivier-morin.fr you can ask us your question through the menu contact us, specifying the reference of the order. 11-c : Any complaint not made in accordance with the rules defined above and within the time limit cannot be taken into account and will release the Domaine Olivier Morin from any responsibility towards the consumer. 11-d : In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the Domaine Olivier Morin in its entirety and in its original packaging, by parcel delivered against signature, to the following address: Domaine Olivier Morin 2 chemin de vaudu 89530 Chitry   Shipping costs are the responsibility of the Domaine Olivier Morin, except in the case where it turns out that the product taken back does not correspond to the declaration of origin made by the consumer in the return form.   Article 12: Right of withdrawal The consumer has a period of 8 working days to return, at his own expense, products that do not suit him. This period starts from the day of delivery of the consumer’s order. If this period expires on a Saturday, Sunday or a public holiday or day off, it is extended until the first following working day. Any return must be notified in advance to the Domaine Olivier Morin: – in priority 06.26.32.04.26, via the following e-mail address: chitry@olivier-morin.fr   Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale, will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.   This right of withdrawal is exercised without penalty, except for the cost of return. In the event of exercising the right of retraction, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.   If the right of withdrawal is exercised, the Domaine Olivier Morin will make every effort to reimburse the consumer within 15 days.   Le consommateur sera alors remboursé par recrédit de son compte bancaire (transaction sécurisée) par virement sous conditions d’obtention du RIB du client, ou par chèque.   Article 13: Force majeure Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other party within ten working days following the date on which it becomes aware of them. The two parties will then, within a period of one month, unless this is impossible due to force majeure, come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general terms and conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.   Article 14: 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, a regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.   Article 15: 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.   Article 16: Applicable law These general conditions are subject to French law. The same applies to the rules of substance as to the rules of form. In the event of a dispute or complaint, the consumer should first contact the Domaine Olivier Morin to obtain an amicable solution.   Article 17: Intellectual Property The Domaine Olivier Morin is the producer and owner of all or part of the databases making up the website and the data is protected by copyright. Any reproduction, even partial, is forbidden.   Article 18 : Protection des mineurs Conformément à l’article L. 3342-1 du Code de la Santé Publique qui stipule que la vente d’alcool à des mineurs de moins de 18 ans est interdite, vous vous engagez, en renseignant votre date de naissance et en remplissant le bon de commande, à avoir 18 ans révolus à la date de la commande.   Article 19 : Delivery In accordance with the law n°80335 of 12.05.1980, the ownership of the goods is reserved to the Domaine Olivier Morin until full payment of the order.   Shipping costs vary according to the quantity ordered. Please do not hesitate to give us all the necessary information so that the delivery can be made in the best conditions. Days when you can receive your order, telephone number to contact you, person to leave the order with in case of absence,…. Article 20: PERSONAL DATA AND PRIVACY CHARTER
  1. In accordance with the law “Informatique et Libertés” of 6 January 1978 as modified by the law of 6 August 2004, the collection and processing of the buyer’s personal data via the site www.olivier-morin.fr have been declared to the Commission Nationale de l’Informatique et des Libertés (National Commission for Information Technology and Civil Liberties) (declaration number 795359).

The SARL Olivier Morin is responsible for the processing of personal data.

a. Data collection

Visiting and consulting the site www.olivier-morin.fr does not require the communication of the Internet user’s personal data.

Sarl Olivier Morin is likely to collect the personal data of the buyer when ordering products on the Online Shop. In application of article L34-5 of the French Post and Electronic Communications Code, LA Sarl Olivier Morin reserves the right to use the electronic and/or telephone contact details of customers to send commercial information to promote products or services in its catalogue or for quality control purposes, to the exclusion of any other direct prospecting use on behalf of third parties.
The information essential to Olivier Morin S.à r.l. to fulfil its mission as described above is marked with an asterisk.

In case of refusal to communicate the information indicated as compulsory, LA Sarl Olivier Morin will not be able to fulfil its mission.

The buyer undertakes to provide accurate information that is not prejudicial to the interests and rights of third parties.

The buyer undertakes to provide accurate information that is not prejudicial to the interests and rights of third parties.

The Sarl Olivier Morin is committed to preserving the confidentiality of the buyer’s personal data.

 

Sharing and disclosure of personal data

The Sarl Olivier Morin is the sole recipient of the buyer’s personal data.

The Sarl Olivier Morin will transmit the buyer’s personal data to a third party only in the following cases:

  • when the buyer has given prior consent for the sharing of this information (e.g. for a special promotional event),

  • when La Sarl Olivier Morin has to share this information with the delivery services in order to provide the service requested by the buyer, or

  • when Sarl Olivier Morin receives a request from a judicial authority or any administrative authority empowered by law requesting the communication of this information in accordance with the legal provisions in force.

Retention of personal data

The buyer’s personal data is kept for the time of the use of his account, increased either by a period of 18 months from the last navigation or use of his account, or by a period of 18 months from the request for deletion of his account in order to prevent possible illicit behaviour after the deletion of his account (re-use of the buyer’s old account by a third party).

Les données d’identification électronique de l’acheteur ainsi que les cookies sont conservés pour une durée de 18 mois à compter de leur collecte ou de leur dernière mise à jour.

Droits d’accès, de modification, de rectification et de suppression

L’acheteur dispose d’un droit général d’accès, de modification, de rectification et de suppression de ses données personnelles.

The buyer may exercise his rights by sending a letter to :

Sarl Olivier Morin

2 chemin de Vaudu

89530 Chitry

Security measures

The Sarl Olivier Morin implements means intended to ensure the security of the files constituted from the personal data collected on the www.olivier-morin.fr website.

The Sarl Olivier Morin does not control the risks linked to the operation of the Internet and draws your attention to the existence of possible risks in terms of confidentiality of data transiting via this network.