GENERAL SALES CONDITIONS – GSC – 28/11/2018

Definitions These General Sales Conditions are offered by Centraltransylvania.fr SARL, in the process of registration, whose registered office is located at 28. Place du General de Gaulle, 52100 Saint-Dizier (here in after “Centraltransylvania.fr”). We will then designate: – “Site”: the site http://www.centraltransylvania.fr and all of its pages. – “Products” or “Services”: all the products (materials) and services (services) that can be purchased or subscribed to on the Site. – “Seller”: Centraltransylvania.fr, legal or natural person, offering its Products or Services on the Site. – “Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site. – “Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not enter within the framework of his commercial, industrial, artisanal or liberal activity”.

The Internet user visiting the website and interested in the Products and Services offered by the Seller is invited to read these Terms & Conditions carefully, to print them and/or save them on a durable medium, before placing an order on the website.

The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.

Creation of a customer account

The creation of a “customer account” is an essential prerequisite for any Customer order on this Site. To this end, the Customer will be asked to provide a certain number personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The customer is solely responsible for the truthfulness, accuracy and relevance of the data provided. The Customer registered on the Site has the possibility of accessing it by logging in using his identifiers (e-mail address defined during his registration and password) or possibly by using systems such as third-party social media login buttons. The Customer is fully responsible for protecting the password he has chosen. He is encouraged to use complex passwords. If the password is forgotten, the Customer has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in his “my account” section and the Customer therefore refrains from transmitting or communicating it to a third party. Failing this, the Seller may be held liable for unauthorized access to a Client’s account. The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear at the following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only an informative character. The pages relating to the customer account are freely printable by the Customer holding the account in question but in no way constitute proof, they have only an informative character intended to ensure an effective management of its orders or contributions by the Customer. Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then not be possible. The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular and without this example having any exhaustive nature, when the Customer has knowingly provided erroneous information, when registering and creating his personal space) or any inactive account for at least one year. Said deletion will not be likely to constitute damage for the Customer who will not be able to claim any compensation for thereby. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts have justified it.

Modality of subscription of orders and description of the purchase process

The Products and Services offered are those listed in the catalog published on the website. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier. The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment in the insofar as they cannot ensure perfect similarity with the physical Products. We will define below as “Basket” the intangible object grouping together all the Products or Services selected by the Customer of the Site for a purchase by clicking on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his “Basket”, the content of which can be modified at any time. As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price. If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GCS and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain amount of personal data on concerning, necessary for the smooth running of the order. All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, and this, until the validation of this one. Once the Customer has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these GCS relating to payments. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price thereof. The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Products origins

All the products we offer for sale are of Romanian origin, made in Romania, and delivered in France thanks to our partnership network developed by our company.

All our products are carefully tested and selected by us, in order to provide you with the best possible experience, our goal being to promote the quality of Romanian products and the care taken in their development.

Commitments of centraltransylvania.fr

We are committed to providing you with quality products, carefully selected from the best Romanian products.

We ensure the freshness of our products by supplying ourselves directly from the producers, and by limiting intermediaries as much as possible, in order to reduce the time between production and delivery to you.

We attach great importance to the respect of our products and are particularly vigilant during their packaging before shipment.

Payment terms

We offer 2 payment methods:

– A secure payment by credit card via MOLLIE BV. this payment, made at the time of the order, allows fast shipping as soon as payment is validated by our partner MOLLIE BV.

Delivery Information

We offer several delivery methods, depending on your preferences, but also on the type of product purchased:

FOR ALL SECTORS EXCLUDING FRESH PRODUCE

2 possible types of delivery:

– Sending by LA POSTE France in COLISSIMO SUIVI. Estimated delivery time of 2 working days in mainland France.

– Sending to a MONDIAL RELAY relay point. Delivery time estimated at 2 working days in metropolitan France.

– Express delivery by DHL, at home, delivery time estimated at 24 hours for delivery in mainland France.

FOR THE FRESH PRODUCTS SECTOR

Express shipment by DHL, with insulated packaging to guarantee the quality and preservation of food during transport.

Products in this department will be packaged separately, and will be shipped separately invoiced separately. Shipments are made from Monday to Thursday so that you can collect your parcels as quickly as possible, without them being stuck in transit in a depot during the weekend.

Express shipping costs €19 per package of maximum 25kg.

DELIVERY OUTSIDE FRANCE

We make deliveries in Europe to the following countries: Belgium, Luxembourg, Netherlands, Denmark, Germany, Switzerland, Italy, Spain, Portugal, England.

Use of personal data

Your personal data is collected by the site www.CentralTransylvania.fr only when creating your personal account .

We collect information about you:

– in order to be able to send you your purchases at the place of your choice: home, parcel relay

– in order to be able to establish the invoice for your purchases after confirmation of payment and delivery

– in order to be able to communicate with you via our Newsletter on our new arrivals and promotions

We undertake not to communicate, let alone resell, your personal data to a third party, without your consent.

In addition, within the framework of the data-processing law and freedoms “Law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms”, modified by the  “law n° 2018-493 of June 20, 2018, promulgated on June 21, 2018, you have the right to access and rectify your data, which you can exercise by contacting our customer service at the following address: contact@centraltransylvania.fr.

RETURN AND REFUND CONDITIONS

Withdrawal period

In accordance with the European legislation in force, you have a right of withdrawal which allows you to change your mind and to reconsider your purchase on our site, within 14 days and this without having to justify reasons or to pay penalties, with the exception, where applicable, of return costs.

The period runs from:

  • the receipt of the package when the purchase concerns a good;
  • of the acceptance of the offer when the purchase concerns a service.

Eligible products

Eligible products are all products sold on the site, with the exception of those that are part of the fresh products or fresh section.

Procedure

To exercise your right of withdrawal, you can fill out the contact form made available to you on the site www.centraltransylvania.fr.

You must clearly specify in your letter the order number, as well as the reason for the return.

We will respond to your return request by sending you a summary of the products eligible for the return of your order, as well as the return address. You must make your return within 14 days from the date of your request.

Any return request made before receipt of the products will not be taken into account.

We will refund eligible products within 14 days of receipt of the returned products, in their original unopened packaging and in good condition.

ATTENTION: please note that the return costs remain your responsibility in all cases.

Legal guarantee of conformity

According to articles L.217-4 and following of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond defects of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order was placed before March 18, 2016 or the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with article L.217-7 of the Consumer Code, “the Seller may combat this presumption if this is not compatible with the nature of the [Product] or the alleged lack of conformity”. On the other hand, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product. In accordance with article L.217-9 of the Consumer Code: “in the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the property or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.

Legal warranty against hidden defects

According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear during the purchase, were prior to purchase (and therefore not resulting from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for use for which it is intended, or reduce this use to such an extent that the buyer would not have bought the Product or would not have bought it at such a price if he had known of the defect). Complaints, requests for exchange or refund for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the site. In the event of non-compliance of a Product delivered, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (Obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then the responsibility of the Seller.

Customer service

The customer service of this Site is accessible by e-mail at the following address: contact@centraltransylvania.fr or by post to the address indicated in the Legal Notice.

Intellectual property rights

All elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners. Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is similar to counterfeiting. Any Customer who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to be constituting damage, without reservation of any subsequent legal proceedings against it, at the initiative of the Seller or its agent. This Site uses elements (images, photographs, content) whose credits go to: Joomdev. The trademarks and logos contained in the Site may be registered by Centraltransylvania.fr, or possibly by one of its partners. Anyone carrying out their representations, reproductions, nestings, broadcasts and reruns incur the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.

Independence of clauses

If any provision of the T&Cs is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and the applicability of the remaining provisions. These T&Cs replace any prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer himself. A printed version of the GCS and of all notices given in electronic form may be requested in legal or administrative proceedings in connection with the T&Cs. The parties agree that all correspondence relating to these GCS must be written in the French language.

Applicable law and mediation

These T&Cs are governed by and subject to French law. Except for provisions of public order, any disputes that may arise in the context of the execution of these GCS may, before any legal action, be submitted to the assessment of the Site Editor with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise specified, in order public, any legal action relating to the execution of these GCS shall be subject to the jurisdiction of the courts within the jurisdiction of the place of residence of the defendant. Consumer mediation According to Article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have free recourse to a consumer mediator with a view to amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a mediation mechanism of the consumption “. As such, Centraltransylvania.fr offers its Consumer Customers, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows: Mediator from the Médicys approved mediation center contact@medicys.fr http://www.medicys.fr/index.php/consommateurs/ It is recalled that mediation is not mandatory but only offered in order to resolve disputes by avoiding recourse to justice.

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