General Terms and Conditions of Sale (GTC)
Last Updated: 10/03/2024
ARTICLE 1 — GENERAL PROVISIONS
These General Terms and Conditions of Sale (referred to as the "GTC") govern the transactions conducted on the website of the Operator, also called the "Site Operator." These GTC are permanently available on the Site for consultation and may be provided to customers through various means upon request.
For any order placed, agreement to the GTC is mandatory. The Client validates their acceptance by checking a specific box or clicking a dedicated button, thereby confirming that they have read and accepted the GTC before finalizing their purchase.
The confirmation of the order by the purchaser signifies their agreement with the GTC in force on the date of the order. The Operator commits to archiving and allowing the reproduction of these GTC for future reference.
ARTICLE 2 — PRODUCT DESCRIPTION
The Site offers the online sale of the following products: Spices, referred to as the "Product(s)." These products are available to any user, whether an individual or an entity, hereinafter referred to as the "Client."
Each Product is presented with a detailed description, either provided directly by the supplier or accessible via an external link to the manufacturer's website. This description highlights the essential characteristics of the product. It is important to note that the product images on the Site are not contractual. User manuals, if necessary, are available on the Site or are provided at the time of delivery. All Products sold comply with the legal standards in force in France.
The Client assumes full responsibility for the conditions and consequences of their access to the Site, including any potential costs imposed by third parties, such as Internet service providers, which are the Client's responsibility. It is also the Client's responsibility to ensure that they have the necessary equipment to access the Site and that it is secure and suitable for the intended use. The Client must ensure that their computer configuration does not pose any security risks and is capable of navigating the Site.
ARTICLE 3 — ORDERS PLACED ON THE SITE
The Site Operator commits to ensuring the availability of its products, but these are offered within the limits of existing stock. If a product ordered by the Client becomes unavailable after the order, despite the Operator's efforts, the Operator will inform the Client by email as soon as possible.
The Client will then have the choice between two options:
Receive a product of equivalent quality and price to the one initially ordered, or
Obtain a refund of the amount of the ordered product, processed no later than thirty (30) days after payment.
Aside from the refund for the unavailable product; if the Client opts for this solution, the Operator is not obligated to pay any cancellation compensation.
Orders placed by the Client are considered firm and final.
ARTICLE 4 — PAYMENT TERMS
The Client acknowledges that any order placed on the Site constitutes a financial commitment and that they must make a payment in exchange for the requested Product.
The Site Operator reserves the right to check the authenticity of the payment before shipping the order, using all necessary methods.
Regarding transactions, the Site Operator accepts the various payment solutions that are listed on the Site.
ARTICLE 5 — PAYMENT OF THE PRICE
The price of the Products in the proforma invoice is fixed and definitive, presented in Euros/Dollars and is excluding taxes (HT/ex-tax), with delivery and transportation costs being extra.
Bank charges are the responsibility of the Client, so the amount payable by the Client will be exactly the one indicated on the proforma invoice.
The total amount becomes payable upon order confirmation. The prices displayed take into account any discounts and rebates that the Operator may offer.
Additional delivery or transport costs, if applicable, will be added to the price of the Products and clearly specified before the Client validates the order.
The total amount to be paid by the Client, as well as the details of this amount, will be clearly indicated on the order confirmation page.
ARTICLE 6 — FORMATION OF THE CONTRACT
The contract between the Site Operator and the Client is established as soon as the Client sends the confirmation of their order. This confirmation is made by sending the order form and accepting the general terms and conditions of sale (GTC). The Client will then receive an order confirmation email including the corresponding invoice, and will then proceed to payment by bank transfer, bill of exchange, or PAYPAL.
The Site Operator commits to securely storing the records of orders and invoices which serve as reliable proof of the contract. Unless there is proof to the contrary, these records are recognized as valid evidence of transactions conducted between the Site Operator and its Clients.
Any confirmed and paid order cannot be canceled.
The Site Operator may cancel the order if the Client refuses delivery or does not finalize the payment upon delivery.
ARTICLE 7 — RETENTION OF TITLE
The Site Operator remains the exclusive owner of the Products ordered on the Site until the full payment of the price is collected, including any shipping costs.
ARTICLE 8 — SHIPPING AND DELIVERY
Delivery is understood as the transfer of physical possession or control of the Product to the Client.
Shipping costs are those specified during the order finalization and are accepted by validating the order.
The Operator commits, in accordance with the delivery deadline indicated on the Site for each Product, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in business days on the Site when placing the order. These times include the preparation and shipping of the order, as well as the time anticipated by the carrier.
The Operator commits to shipping the Products in accordance with the deadlines announced on each Product page, provided that the order payment has not been previously refused.
However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email indicating the new delivery date to the Client.
The Products will be delivered to the address indicated by the Client during their order. It is therefore their responsibility to verify that this address does not contain any errors. The Operator's liability cannot be engaged if the address communicated by the Client is erroneous, thus preventing or delaying delivery.
Upon delivery, signing a delivery receipt may be requested.
Upon delivery, it is the Client's responsibility to verify that the delivered Products comply with their order and that the package is sealed and undamaged. If this is not the case, the Client must absolutely indicate it on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery slip.
ARTICLE 9 — RIGHT OF WITHDRAWAL
Since the Client is a professional purchasing within the scope and for the needs of their profession, the right of withdrawal provided for by the Consumer Code does not apply.
ARTICLE 10 — CUSTOMER SERVICE
The Client can contact the Operator's customer service:
At the following number: +261345092358 during the following opening days and hours: Monday to Friday from 9 am to 6 pm.
By email at vanillalink.team@gmail.com, indicating: their name, phone number, the subject of their request, and the number of the order concerned.
ARTICLE 11 — INTELLECTUAL PROPERTY AND SITE USE LICENSE
The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, animated or static images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, databases, Site structure, and all other intellectual property elements and other data or information (hereinafter the "Elements") which are protected by French and international laws and regulations relating notably to intellectual property.
Consequently, none of the Elements of the Site may be, in whole or in part, modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other manner, free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior, express, and written authorization of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.
Furthermore, it is specified that the Operator does not own the content uploaded by the Clients, for which they remain entirely responsible and guarantee the Company against any recourse in this respect. Clients grant the Operator a non-exclusive, transferable, sublicensable, free, and worldwide license for the use of the intellectual property content they publish on the Site for the entire duration of the protection of this content.
The Operator reserves the right to pursue all legal remedies against individuals who have not complied with the prohibitions contained in this article.
ARTICLE 12 — LIABILITY AND LEGAL GUARANTEE OF CONFORMITY
12.1 Liability
The Operator cannot be held liable for the non-performance of the contract due to the Client, or due to an event qualified as force majeure by the competent courts, or due to the unpredictable and insurmountable act of any third party to these presents.
The Operator cannot be held liable for the information imported, stored, and/or published on the Site by the Clients. The Operator cannot be held liable for any information published by a Client on the Site and for the direct or indirect damage that this use may cause to a third party, the Client who initiated the publication remaining solely responsible in this respect.
The Client acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or functional error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to evolve their content and/or presentation.
The Operator cannot be held liable for the use of the Site and its services by the Clients in violation of these General Conditions and for the direct or indirect damage that this use may cause to a Client or a third party. In particular, the Operator cannot be held liable for false declarations made by a Client and their behavior towards third parties. Should the Operator's liability be sought due to such behavior by one of its Clients, the latter undertakes to indemnify the Operator against any judgment pronounced against it, as well as to reimburse the Operator for all costs, particularly attorneys' fees, incurred for its defense.
The Client is solely responsible for all content they upload to the Site, for which they expressly declare to hold all rights and guarantee the Operator in this respect that they do not upload content violating third-party rights, particularly intellectual property, or constituting an infringement of persons (notably defamation, insults, abuse, etc.), respect for privacy, a breach of public order and good morals (notably apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of a breach of the laws in force, good morals, or these General Conditions, the Operator may automatically exclude the Clients who are guilty of such offenses and delete information and references to this contentious content. The Operator is qualified as a host concerning content uploaded by third parties. In this regard, it is reminded that the Operator has no general obligation to monitor content transmitted or stored via the Site. Should the Operator's liability be sought due to content uploaded by the Client, the latter undertakes to indemnify the Operator against any judgment pronounced against it, as well as to reimburse the Operator for all costs, particularly attorneys' fees, incurred for its defense.
12.2 Legal Guarantee of Conformity
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (notably L. 217-4 to L. 217-14 of the Consumer Code) and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When acting within the framework of the legal guarantee of conformity (if the product(s) are subject to it):
You have a period of two (2) years from the delivery of the goods to take action;
You can choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
You are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for used goods).
12.3 Return Procedure
Since the products are intended for consumption and for industrial processing purposes for professionals, confirmed and paid products are not taken back. Therefore, no return procedure applies.
12.4 Guarantee Against Hidden Defects
The products marketed by SYMBIOSE are controlled and delivered with a phytosanitary certificate, a packaging control certificate, and a weighing certificate. Due to these facts, no procedure concerning the guarantee against hidden defects applies.
ARTICLE 13 — PERSONAL DATA
For more information concerning the use of personal data by the Operator, please carefully read the Privacy Policy (the "Privacy Policy"). You can consult this Privacy Policy on the Site at any time.
ARTICLE 14 — HYPERTEXT LINKS
Hypertext links available on the Site may refer to third-party websites not published by the Operator. They are provided solely for the Client's convenience to facilitate the use of resources available on the Internet. If the Client uses these links, they will leave the Site and then agree to use the third-party sites at their own risk or, if applicable, in accordance with the conditions governing them.
The Client acknowledges that the Operator neither controls nor contributes in any way to the development of the terms of use and/or content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held liable in any way due to these hypertext links.
Furthermore, the Client acknowledges that the Operator cannot endorse, guarantee, or assume responsibility for all or part of the terms of use and/or content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Client to report any hypertext link present on the Site that allows access to a third-party site offering content contrary to laws and/or good morals.
The Client may not use and/or insert a hypertext link pointing to the Site without the Operator's prior written agreement on a case-by-case basis.
ARTICLE 15 — REFERENCES
Unless expressly refused, the Client authorizes the Operator to mention the Client's name and first name in its communication materials (displaying reviews on the website, etc.).
ARTICLE 16 — GENERAL PROVISIONS
ENTIRETY OF THE PARTIES' AGREEMENT
These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Conditions were declared null and void under the application of a law, a regulation, or following a definitive decision by a competent court, the other stipulations will retain their full force and scope. Furthermore, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
REVIEW VERIFICATION PROCEDURE
Verification Objective: The Operator commits to maintaining the integrity and authenticity of the reviews published on its site. This procedure aims to verify the veracity and relevance of the reviews submitted by Clients in order to provide reliable and transparent information to future buyers.
Publication Criteria: All reviews submitted by Clients will be evaluated before publication. Criteria include the relevance of the comment to the product, the absence of inappropriate, discriminatory, or offensive language, and compliance with current legal and ethical guidelines.
Verification Method:
Purchase Verification: Only Clients who have made a verified purchase can submit a review. The Operator verifies that each review is associated with an actual purchase on the Site.
Team Moderation: Reviews are moderated by the Operator to ensure that contributions comply with the established criteria. The Operator may contact the author of the review to request clarification or additional proof if necessary.
Right of Reply: The Operator reserves the right to reply to any published review to clarify a situation or correct inaccurate information. The right of reply is exercised in a respectful and constructive manner.
Refusal and Deletion of Reviews: Reviews that do not meet the publication criteria may be refused or deleted after publication if new information indicates that a review no longer complies with the verification standards.
Transparency: The Operator commits to maintaining transparency by displaying all reviews, whether positive or negative, provided they comply with the publication criteria.
This procedure protects both the interests of the Clients and the integrity of the Operator by ensuring that only reliable and authentic reviews influence the reputation of the products offered.
BLOCTEL
The Client has the possibility of subscribing to the Bloctel services in order not to be solicited by the Operator once the sales contract is terminated (order received). To do this, they must visit the following website: https://www.bloctel.gouv.fr/
MODIFICATIONS TO THE CONDITIONS
The Operator reserves the right to modify the content of the Site or the services available on it at any time and without prior notice, and/or to temporarily or permanently cease operating all or part of the Site.
Furthermore, the Operator reserves the right to modify the location of the Site on the Internet as well as these General Conditions at any time and without prior notice. The Client is therefore required to refer to these General Conditions before any use of the Site.
The Client acknowledges that the Operator cannot be held liable in any way toward them or any third party because of these modifications, suspensions, or cessations.
The Operator advises the Client to save and/or print these General Conditions for safe and long-lasting keeping and thus be able to invoke them at any time during the execution of the contract if necessary.
COMPLAINT — MEDIATION
In the event of a dispute, you must first contact the company's customer service at the following contact details: vanillalink.team@gmail.com, +261345092358.
Should the complaint request to customer service fail or in the absence of a response from this service within a period of ten (10) days, the Client may submit the dispute relating to the order form or these GTC opposing them to the Operator to the following mediator: CM2C
The mediator will attempt, with complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse recourse to mediation, as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The client is also informed that they can resort to the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
APPLICABLE LAW
These General Conditions are governed, interpreted, and applied in accordance with French and Malagasy law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CLIENT
The Client acknowledges having carefully read these General Conditions.
By registering on the Site, the Client confirms having read and accepted the General Conditions, making them contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Client are those available on the date of the order, a copy of which dated on this day can be provided to the Client upon request; it is therefore specified that any modification of the General Conditions made by the Operator will not apply to any order made previously, unless there is an express agreement from the Client who initiated a given order.
