TERMS AND CONDITIONS - EARL MAS DES BORIES

1 - SELLER, PUBLISHER AND OFFEROR

The general conditions of sale described below detail the rights and obligations of the company EARL MAS DES BORIES, Chemin de la Coustelade, 13300 Salon de Provence, registered under the SIRET number 853 440 121 000 12, and of its customer in the context of the sale of the following goods: olive oils and fruit pulp vinegars. Any service provided by the company EARL Mas des bories therefore implies the buyer's unreserved acceptance of the present general conditions of sale.

A company established in France and governed by French law, EARL Mas des bories is the Publisher of the commercial website(s) (including any modifications and all subsequent additional conditions) operated by EARL Mas des bories, and whose Internet address is www.masdesbories.com or any other Internet address chosen by EARL Mas des bories, whatever its purpose (referred to as "the Site").

The company is referred to indifferently as "EARL Mas des bories" or "(the) seller" in these general conditions.

2 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE

2.1. SALES GOVERNED BY THE GENERAL TERMS CONDITIONS OF SALE (GTC)

The purpose of these General Terms and Conditions of Sale, including any amendments thereto and any subsequent supplementary conditions, is to define the terms and conditions governing distance selling concluded between EARL Mas des bories and a consumer customer, understood as a natural person acting for non-professional needs and outside of any commercial activity (hereinafter indiscriminately defined as the "Customer") and relating to goods offered for sale by EARL Mas des bories (hereinafter also referred to as the "Products"), on the Site.

They apply to any Customer who purchases one or more Products from our company or asks to take advantage of an offer or benefit proposed by EARL Mas des bories.

Consequently, orders from professionals or similar persons are excluded and will not be served, in particular when the order that could be placed with us exceeds the normal needs of a consumer or is part of an abnormal flow of orders to the same billing or delivery address.

The products offered on the site are not intended for resale.

2.2. DIRECT SALE

Our Products are sold through our direct sales networks: we sell our Products directly ourselves, or through various sales channels (Website, partners, telephone).

These General Terms and Conditions of Sale are not applicable to sales in shops.

2.3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE TO PLACE AN ORDER

All Customers are invited to read these General Terms and Conditions of Sale, which can be consulted online or by contacting our Customer Service Department, prior to their purchase and to express their knowledge and acceptance when validating their online order.

As these GTC may be modified at any time, the applicable GTC are those in force on the date the order is placed.

Any condition contrary to these General Terms and Conditions of Sale opposed by a buyer who would not therefore be entitled to benefit from them, will therefore be unenforceable against EARL Mas des bories, even if and whenever this condition may have been brought to the attention of EARL Mas des bories.

2.4. OFFER AND ACCEPTANCE BY OUR CUSTOMERS

Any order placed implies acceptance of the conditions and sale prices of the Products indicated in the Site Offer at the time you place your order.
The confirmation of the order that you will receive after your order forms the contract between EARL Mas des bories and our Client.

By placing and validating his order, our Customer acknowledges that he is informed that he is committed to paying the price.

3 - SALE OF PRODUCTS

3.1. OUR PRODUCTS

3.1.1. Description of the Products

EARL Mas des bories offers you food products: extra virgin olive oil that it produces and markets under the brand name MAS DES BORIES ®.

Despite the care taken in the description of the products and their photographic representations, these elements have no contractual character and do not engage the responsibility of the Seller. The customer is informed that the characteristics of the products can be modified, which will be indicated at the time of the confirmation of the order.

The Seller reserves the right to change the range of products offered on the website at any time.

If you need more information, please send us a message to info@masdesbories.com

3.1.2 Product availability

Our offers of Products are valid within both limit of the validity period of the offer concerned and of available stocks. Indeed, Products normally available may no longer be available due to simultaneous orders.
In case of momentary unavailability, we can specify a new delivery time. If you prefer, you can ask for the cancellation or exchange of your order by contacting us (Customer Service is at your disposal: Monday to Friday from 9am to 12pm.

3.2. THE PRICE OF OUR PRODUCTS

3.2.1. Selling prices

The prices of the goods sold are those in place on the day the order is placed.

The prices of our Products are expressed in Euros and are inclusive of all taxes and exclusive of your contribution to the costs of processing and dispatch or delivery. These costs are fixed in accordance with the tariff below and are added to the amount to be paid. You are reminded of the amount when you are at the stage of selecting the Products purchased and in your basket, before validating the order.

For any information on these prices, and in particular on the shipping costs outside of France, you can contact us.

VAT on sales prices: The prices of the Products are subject to French VAT, the country of dispatch of the goods. In the member states of the European Union, the Products are sold including VAT.

The introduction of additional taxes, levies or contributions, in particular environmental taxes, which may have an effect on the economy of the selling price, may in particular be reflected in the current selling prices.

This will not affect orders placed prior to their coming into effect. You are guaranteed the posted price in effect at the time you place your order with us.

We inform you that in case of display of an erroneous price, obviously derisory (low price), whatever the reason (computer bug, manual error, technical error.), the order - even validated by our services - will be cancelled, of which we will inform you as soon as possible. If you wish, you will then be able to place your order again at the correct price.

3.3 Terms of payment

Your order will be paid for using a BANK CARD.

Whether you are a Customer or not yet a Customer of EARL Mas des bories, and wherever you are, 24 hours a day, 7 days a week, you can buy and pay by credit card. For your maximum security and total confidentiality, we use a secure payment platform which asks your bank when registering the transaction and the Site does not have access to your bank details.

The transaction data with a bank validation server is encrypted. We take care to use only encryption protocols that are known to be secure. With this system, your payment data is not recorded by the EARL Mas des bories computer server. They never circulate in clear text, so that it is practically impossible to decrypt them and use them later. You then make your purchases in complete security. You are asked to enter the number, the cryptogram and the expiry date of the credit card you are using, which will be encrypted by your browser before being transmitted to our service provider. Depending on the browser, when the transaction is secure, you may see HTTPS in the address bar and the Key or closed padlock symbol.

Your payment request is transmitted in real time to the secure payment service provider, which carries out various checks in the common interest to prevent abuse and fraud. Your bank details are only used for the purposes of carrying out the transaction.

The protocol does not allow EARL Mas des bories to have access to your credit card details.

In accordance with the legislation on electronic signatures, the online transmission of your card number for validation of your order is proof of the order and renders payable the sums that you have committed to pay for this order.

To cancel a current order, and suspend pending payments, you can contact Customer Service from Monday to Friday from 9:00 am to 12:00 pm, by email or post.

4 - DELIVERY

4.1. GEOGRAPHICAL AREA COVERED

Geographical area of coverage of the Offer: France and international, with the exception of countries where rights may include prohibitions or constraints by application of public order rules for the protection of consumers.

Geographical area of delivery: France and International see below, the summary table. For all deliveries outside of these areas, please contact us: info@masdesbories.com.

4.2. DELIVERY METHODS

Zone 1 - Metropolitan France: you have the choice of home delivery with or without signature or in a relay. Delivery in shops is not available at the moment.

Zone 2 to 4 - See summary table below.

4.3. DELIVERY COSTS

Our prices are from EARL MAS DES BORIES - Chemin de la Coustelade, 13300 Salon de Provence - France.

A contribution to the processing and delivery costs is payable by you, and is added to the price to be paid for the Products purchased.
The amount of the contribution to the processing and delivery costs payable by you is specified in the summary table below.

In France, for withdrawals in a Colissimo shop, Relais colis or post office, you will be asked for a valid ID.

For packages shipped to Zones 2 to 4 of the table below, customs duties or other local taxes or import duties or state taxes may be payable. The payment of these duties and sums is the sole responsibility of the Customer, whatever the charge.

The Products shall be delivered to the address indicated by the client. The client is solely responsible for the accuracy of the information provided, EARL Mas des bories shall not be held responsible for any failure to deliver the Products to the address indicated. The costs associated with a possible new delivery shall be borne by the customer.

4.4. DELIVERY TIME

Delivery times depend on the delivery area. The delivery times listed in the table below may vary depending on the activity. They run from the time of order confirmation. They include the preparation and processing time of the order, as well as the delivery time.

These delivery times only apply to products that are immediately available. Products ordered that are available within several weeks are not affected: the time period in which the product is available and the time period of the chosen delivery method must be added together to estimate the delivery date.

The Seller shall use its best efforts to deliver the shipment in accordance with the delivery times indicated below. The Seller shall not be liable for any delay in delivery and shall in no event be liable to pay any compensation for delay and/or damages.

In the event of a delay exceeding the deadline of thirty (30) days from the order, the customer will be able to obtain a refund of the order, which will take place within thirty days of the request for a refund.

Summary table :

ZonesCountryDelivery methodFees incl. VATDelivery time* (in days)
Zone 1FranceColissimo with signature
-Colissimo without signature
-Colissimo relais
from €8.40 to €21.505 working days
Zone 2UKColissimo with signaturefrom €24 to €488 working days
Zone 3Germany, Belgium, Luxembourg, NetherlandsColissimo with signature
-Colissimo without signature
from €12 to €248 working days
Zone 4Austria, Spain, Portugal, Ireland, ItalyColissimo with signaturefrom €24 to €488 working days

*Timeframe including the preparation and processing of the order and its delivery to the address you have indicated
Maximum timeframe: 3 weeks in France

6 - RETURNS

Any return of product must be requested by email to the customer service: commercial@masdesbories.com
EARL MAS DES BORIES will not accept any return of goods without prior agreement.

7 - CUSTOMER SERVICE

For any information or question, our Customer Service is at your disposal:

By Email
You can reach our services at the following email address: commercial@masdesbories.com

By telephone

If you need a service, information before placing an order or to place and track your order, you can call our Customer Service: +33 4 42 56 97 07

We are available Monday to Friday from 9am to 12pm.

By post you can also write to
EARL MAS DES BORIES
Service commande
Chemin de la Coustelade

13300 Salon de Provence
FRANCE
We will reply as soon as possible.

8 - LIABILITY - FORCE MAJEURE AND EXCLUSIONS

EARL Mas des bories guarantees the quality and conformity of the Products and undertakes to respect your rights as a consumer.

In accordance with the law, EARL Mas des bories shall not be held responsible when the non-performance or poor performance of the contract in whole or in part is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or due to force majeure. In the light of this, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

EARL Mas des bories shall not be held responsible for repairing immaterial, direct or indirect damage, operating loss, loss of profit, loss of opportunity, loss of enjoyment, due to a visit to the Site or the placing of an order.

Hypertext links present on the Site may lead to other sites. EARL Mas des bories cannot be held responsible in the event that the content of these sites contravenes the legal and regulatory provisions in force.

9 - APPLICABLE LAW - SETTLEMENT OF DISPUTES - CLAIMS

In the event of a dispute, the following provisions shall apply.

The applicable law

This Site is published by a company incorporated under French law, subject to French sales and information and consumer protection legislation.

The present General Terms and Conditions of Sale are subject to French law for their application, interpretation and execution, corresponding to the law of the country of origin of the Website Editor.

The language of this sales contract is French.

The competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable solution, the dispute will be brought before the Commercial Court of Salon de Provence.

Entry into force 20/05/2021
Last date and modification of the GTC: 20/05/2021