The present General Terms and Conditions of Sale (GTC) are concluded on the one hand by the company MA PETITE BRASSERIE SAS, company by simplified shares (SAS) with the capital of 100.000 F.CFP, whose registered office is located 38 rue des sapins Vallon Dore Mont-Dore, registered with the register of the trade and the companies of Noumea under the number 001 395 540, and on the other hand, by any natural person wishing to proceed to a purchase of goods, hereafter called "the Customer".
APPLICATION AND OPPOSABILITY
The present General Terms and Conditions of Sale (GTC) govern all the contracts of sale concluded between MA PETITE BRASSERIE SAS and the Customer. Consequently, the fact of placing order implies the whole adhesion and without reserve by the Customer of the present GCS. Any contrary condition posed by the Purchaser will be, in the absence of express acceptance, inopposable with the salesman, whatever the moment when it will have been able to be brought to his knowledge. The fact that MA PETITE BRASSERIE SAS does not prevail, at a given moment, of any one of the present GCS cannot be interpreted like being worth renunciation to prevail itself later on of any one of the aforementioned conditions. MA PETITE BRASSERIE SAS reserves the right to be able to modify its CGV constantly. In this case, the applicable conditions will be those in force at the date of the order by the purchaser. The CGV are concluded for the duration necessary to the supply of the articles.
CONDITION OF USE
It is strictly forbidden to use our products for commercial purposes. They are exclusively intended for an individual use.
MA PETITE BRASSERIE SAS reserves the right not to give continuation to an order if this one does not seem to respect the clause of individual use or if the purchaser is not 18 years old. An identity paper could be required with the delivery.
The prices of the articles proposed by the company MA PETITE BRASSERIE SAS get along including all taxes in Pacific franc (CFP) except carriage costs, for a cash payment without discount and for a delivery on the territory of New Caledonia (Grande Terre and Loyalty Islands). The amount of the delivery will be clearly indicated at the time of the order and will be reported on the invoice. The tariffs can be modified at any time and, in particular, in case of change of the fiscal or economic data. The invoices are established in accordance with the tariff in force at the day of the order.
VALIDITY OF SALES OFFERS
The products are offered for sale while stocks last. In case of order of a product become unavailable or not stored in our warehouses, the customer will be informed of this unavailability. Our offers are valid subject to availability from our suppliers. As this information comes directly from our suppliers, errors or exceptional modifications are beyond our control and cannot engage our responsibility. In case of unavailability of products after placing your order, we will inform you as soon as possible, by e-mail, telephone or mail. You can then ask for the cancellation or the exchange of your order.
The Customer can place an order on the website, by telephone, e-mail or post.
For all orders placed by the Customer, a telephone contact and/or e-mail as well as a delivery address will be requested. The Customer will be informed of the availability of his order and an appointment will be made to organize the delivery.
Our General Terms and Conditions of Sale apply to all our sales. By placing order, the Customer accepts without reserve our General Terms and Conditions of Sale.
The invoices are payable with the order (except preliminary agreement of the company MA PETITE BRASSERIE SAS). No sending of goods will be carried out before reception of the integral payment by bank card (Visa/Mastercard/American Express), bank transfer or cheque. Only the checks written in Pacific franc (CFP) payable at banks of New Caledonia are accepted.
For products available in stock, we process all orders received within an average of three (3) working days and/or after receipt of full payment. These times are given as an indication. The company MA PETITE BRASSERIE SAS cannot be held responsible for an overtaking of these times given as an indication. In the event of unavailability of a product in our stock, a direct contact will be taken near the customer to redefine his order.
Certain orders requiring special logistic operations (sending on the islands for example) or containing products of dimension or particularly important weight, could be the subject of specific transport charges. Those will then be communicated to the customer for validation and taken again on the estimate proforma.
The parcels are delivered by the OPT, by our deliverymen or by conveyor; MA PETITE BRASSERIE SAS is thus not able to guarantee a precise hour or to guarantee that the deliveryman will contact the customer before passing. In the event of absence, the customer can be brought to go to recover his parcel near the OPT or the conveyor.
Except particular mention carried on the purchase order, we will proceed to the immediate forwarding of the articles constituting homogeneous batches, usable and available in our stock. The balances of orders will be the subject of later complementary deliveries. The payment of the invoiced articles is due as of the issue of the partial invoice, edited before the forwarding.
The delivery times indicated at the confirmation of the order and/or included on our proforma estimate, although determined as exactly as possible, do not constitute a contractual engagement of our share. Any penalty for delay is therefore excluded. However, if the contractual deadline is exceeded by more than 7 days (22 working days), the customer is entitled to withdraw from the contract.
In accordance with the Law, the transfer of the risks takes place as of the forwarding of the dock of MA PETITE BRASSERIE SAS, the ordered goods travel at the risks and dangers of the recipient, some are the methods of forwarding and whereas their prices would be established free.
CLAIM RELATING TO THE TRANSPORT
In accordance with the Code of the Trade in force, it belongs to the customer, in the event of damage or of missing parcel, to make all the observations necessary on the good of transport / delivery / in the presence of the deliverer, then to confirm them by mail recommended within 48 hours near the conveyor and the company MA PETITE BRASSERIE SAS
MA PETITE BRASSERIE SAS accepts all the returns of goods for any reason within fifteen (15) days as from the delivery of the goods (the expenses of return remaining with the load of the customer) and accompanied by a copy of the invoice. It is then refunded (except expenses of initial port) the price of the product in the month of reception of this one by MA PETITE BRASSERIE SAS. This clause does not apply to the special orders, made-to-measure or personalized (specific dimensions, colors, installation of logo of company...). The return could be accepted only for the products in their state of origin (packing, accessories, note...). Products returned incomplete, damaged or soiled will not be accepted. The expenses of return to our company remain with the load of the customer, except in the case or the error is imputable to MA PETITE BRASSERIE SAS. No sending in against refunding will be accepted whatever is the reason.
Except contrary indication, all the articles of our catalog profit from a guarantee minimum of one (1) month against any manufacturing defect. The warranty period starts from the date of invoice. The warranty is strictly limited to the repair or replacement of goods affected by a defect or lack of conformity, to the exclusion of any compensation, on any grounds whatsoever. The dimensions, colors, weight of materials subject to variation due to their nature or their mode of manufacture benefit from the tolerances of use.
The guarantees do not cover:
- the replacement of consumables
- the abnormal or non-conforming use of the product. In this respect, we invite you to carefully consult the instruction manual provided with the products
- breakdowns linked to accessories (power cables, etc.)
- defects and their consequences linked to use that does not comply with the use for which the product is intended (professional, collective use, etc.)
- defects and their consequences linked to any external cause.
CUSTOMER RELATIONS - SAV
For any information, question or complaint, the customer can address to MA PETITE BRASSERIE SAS by e-mail: email@example.com
All the sales concluded by our company are subjected to the Laws in force on the Territory of New Caledonia. The contractual information is presented in French language and the products offered for sale are in conformity with the French regulations. In the event of litigation, only the courts located on the Territory of New Caledonia will be qualified.
CLAUSE OF RESERVATION OF PROPERTY
MA PETITE BRASSERIE SAS preserves the property of the sold goods until the effective payment of the entirety of the price. The defect of payment (check without provision...) can involve the request for restitution of the goods to the risks and dangers of the purchaser. These provisions do not prevent the transfer to the buyer of the risks of loss and deterioration of the goods sold upon delivery. The purchaser shall bear all legal and judicial costs resulting from any litigation.
Any dispute relating to sales (disputes relating to the formation, execution of orders, supply, payment, etc.) shall be under the exclusive jurisdiction of the Commercial Court of Noumea. This clause applies notwithstanding any clause to the contrary, even in the event of summary proceedings or multiple defendants, and regardless of the method of payment.
In order to be able to place your orders, you must provide us with information such as your first and last name, your address, your telephone number and your e-mail. This information is not disclosed to third parties, except:
As part of the processing of your orders: some of your data are communicated to our partners (OPT, carriers, deliverers) so that they can properly perform their function.
As part of the fight against fraud: in the event of fraud or attempted fraud on your part, your personal data may be communicated to the law or to other companies and organizations involved in the fight against bank fraud.
Personal information about you is, unless you expressly object in writing, included in our customer file. In accordance with the Law on freedom of information, you have the right to access and rectify this information. To exert this right, it is enough to contact MA PETITE BRASSERIE SAS.
You can contact us:
MA PETITE BRASSERIE SAS
98805 NOUMEA CEDEX
By e-mail: firstname.lastname@example.org