Article 1 – DEFINITIONS
Customer: Individual who places an order on the website.
GTC: General terms and conditions of sale.
Seller : QUINTA SOLANA, UNIPESSOAL LDA. This is the sales professional who offers customers products.
Product(s): property(s) offered for sale in the catalog of the website www.quintasolana.com.
Website: www.quintasolana.com. This is the seller’s website used in the context of his professional activity.
Order: document used by customers to proceed with the purchase of products.
Article 2 – PURPOSE OF THESE GTC
The purpose of these GTC is to describe the terms of distance selling of goods / products between our company QUINTA SOLANA, UNIPESSOAL LDA. and customers.
As such, they set out all the rights and obligations of the Parties about their relationship.
Specifically set out here are the rules applicable in the context of the online sale of goods offered by the company QUINTA SOLANA, UNIPESSOAL LDA. from the www.quintasolana.com website.
These GTC mentioned are deemed to have been accepted by the customers without any reservation.
The company reserves the right to adapt, modify or delete at any time, any Part of the GTC, being understood that the version of the GTC applicable to customers remains that in force on the day of their order.
Article 3 – PRODUCT INFORMATION
The products that are governed by these terms and conditions are those that appear on our website www.quintasolana.com.
These products are offered within the limits of available stocks.
The products are presented and described with the greatest possible accuracy.
The images of the products are not contractual.
Article 4 – THE ORDER
Customers must place their order in accordance with the specifications mentioned on the www.quintasolana.com website, for all the products listed therein and of course within the limits of available stocks.
Customers place an order directly on the internal website www.quintasolana.com.
The Customer orders the different Product(s) of his choice by clicking on “Add to cart” then he validates his order by clicking on the “Proceed to checkout” icon.
Once the products selected by the customers have been added to the basket, the customers must check and correct, if necessary, the contents of their basket before any validation.
For the order to be validated, customers must accept, by clicking in the place indicated, these GTC and indicate the address and delivery method they wish as well as the method of payment.
In case of a payment default, an incorrect address or any other problem resulting from the account of the customers, the company QUINTA SOLANA, UNIPESSOAL LDA, seller on the site www.quintasolana.com may block the order until the resolution of the problem detected.
Article 5 – THE PRICE
The company reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to the products available on that date.
The prices indicated are indicated TTC in euros and do not include delivery costs which will be invoiced in addition and specified before any validation of order.
Payment of the full price must be made when ordering.
The sums paid cannot be considered as a deposit or down payment.
Article 6 – PAYMENT OF THE ORDER
The products presented on the site are payable at the time of ordering.
The sale will be considered final after the sending to the customers of the confirmation of the acceptance of the order by the seller of an e-mail and after sending the receipt by the seller of the price.
To pay their order, customers have at their choice all the payment methods made available to them by the company QUINTA SOLANA, UNIPESSOAL LDA. and listed on the website www.quintasolana.com.
The different means of payment are:
- by credit card: national credit card, visa card and Mastercard are accepted on the www.quintasolana.com website.
- by bank transfer: the bank details of the company QUINTA SOLANA, UNIPESSOAL LDA. will be sent by email to customers when they have selected this payment method.
Article 7 – LATE PAYMENT
The company QUINTA SOLANA, UNIPESSOAL LDA. reserves the right to refuse to make a delivery or to honor an order that emanates from a customer who has not partially or totally paid for an order or with whom a payment dispute is being administered.
As part of an order verification procedure and to ensure that no person uses the bank details of another person without his knowledge, the company may ask customers to send him by email a copy of an identity document and a proof of address. The order will then be validated after verification of the customers’ personal information.
Article 8 – ELECTRONIC SIGNATURE
The final validation of the order as well as the online provision of the bank details of the customers constitute express acceptance of all the operations carried out.
This is also proof of the agreement of the customers on the exigibility of the sums due.
In case of fraudulent use of the credit card, customers are invited to contact the company QUINTA SOLANA, UNIPESSOAL LDA. as soon as possible.
Article 9 – TRACKING AND DELIVERY METHODS
The delivery of the products is carried out in metropolitan France from the storage warehouse located at 17 av. du Québec, 91140 Villebon sur Yvette.
The delivery of the products can also be done in the European zone, according to the conditions specific to each country and with its specific pricing.
Delivery costs are the sole responsibility of the customers and may vary depending on the type of order.
The delivery costs are indicated to the customers as soon as the information relating to the delivery address is validated.
The products are delivered to the address indicated by the customers on the order form. The latter must, in that regard, ensure the accuracy of the information given relating to the address.
When packages are returned to the company QUINTA SOLANA, UNIPESSOAL LDA., the company may reship the packages at the expense of the customers when the return is linked to an incomplete or incorrect address.
The company, seller, undertakes that the products delivered comply with the order as well as legal and regulatory obligations.
If the products do not comply with the order, customers can ask the company to make a new delivery at the company’s expense.
The company QUINTA SOLANA, UNIPESSOAL LDA. can only be held responsible for exceeding the date of availability or delivery after having been put in formal notice, by registered letter with acknowledgment of receipt, by the customers to deliver the products within a reasonable time.
If the delay in delivery results from a case of force majeure, then in this case, the company will not be considered responsible.
If the delivery is not executed, the customers will be able to terminate the sales contract which will thus be declared as canceled and the customers will have to be refunded.
The transfer of ownership as well as the risks of the products occurs at the delivery of the products. The products being delivered are therefore at the risk of the sender.
At the time of delivery, if the original packaging is damaged or opened, customers must then check the condition of the products. If said products are damaged, customers must refuse the package and note the reason for the refusal on the delivery note.
Article 10 – DELIVERY ERROR
On the day of delivery or at the latest on the first working day following delivery, customers must contact the company QUINTA SOLANA, UNIPESSOAL LDA. claims of delivery error or non-conformity of the products with respect to the purchase order.
Claims made after this period are rejected.
Complaints must be made by email clientsupport@quintasolana.com.
When there is an error in the delivery, the products to be exchanged or refunded must be returned to the company QUINTA SOLANA, UNIPESSOAL LDA. in their original packaging at the following address:
Quinta Solana Distribution & Services SAS
7 Bis Chemin de la Côte des Prés
45390 Ondreville sur Essonne – France
In this case, the return costs are the responsibility of the company.
Article 11 – RIGHT OF WITHDRAWAL
1 – WITHDRAWAL OF PRODUCTS
In accordance with the provisions of Article L. 221-18 et seq. of the Consumer Code, customers have, in principle, a withdrawal period of 14 days from the day after receipt of the products by customers.
If the order is for various products delivered separately, the period of 14 days begins to run from the receipt of the last product.
As soon as customers exercise their right of withdrawal, they do not have to justify their decision or bear any costs other than those corresponding to the costs of returning the products according to Article L.221-23 of the Consumer Code.
Any Product must be returned in new condition, in its original packaging and packaging.
In order to exercise their right of withdrawal, customers must inform the company QUINTA SOLANA, UNIPESSOAL LDA. their decision before the expiry of the 14-day period by sending the following form by post with acknowledgment of receipt to the address:
QUINTA SOLANA, UNIPESSOAL LDA
Largo do Adro,10 7830-114 Brinches – PORTUGAL
“To the attention of the company name of the company),
I/we(*) hereby notify you(*) of my/our(*) withdrawal from the contract for the sale of the product(*) below:
Ordered on (*) / received on (*) :………………………………………
Name of consumer(s): ………………………………..
Address of consumer(s): ……………………………..
Signature of consumer(s):………………………………………………………..
Date:……………………………………………………………………….
Signature:………………………………………………………………..
(*) = Cross out the unnecessary mention. »
Incomplete, damaged, damaged products by the Customer may not be subject to a valid withdrawal and will not be taken back.
2 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised in several cases, including the case where the products are personalized.
3 – REFUND OF CUSTOMERS
As soon as the right of withdrawal is exercised by the customers within the limits of the provisions in force, the company QUINTA SOLANA, UNIPESSOAL LDA. is obliged to reimburse customers for all sums paid, except for delivery costs the day after the day of recovery of the goods, attesting to the good receipt in the state of the returned products.
Unless agreed between the Parties, the company reimburses customers by the same means of payment chosen as for the purchase.
Article 12 – FORCE MAJEURE
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described in this contract, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party noting the event must without delay inform the other Party of its impossibility to perform its service and justify it to the latter. The suspension of obligations can in no way be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
Cases of force majeure are all facts and circumstances that are irresistible, external to the Parties, unforeseeable, unavoidable, and beyond the control of the Parties that prevent the normal execution of the sales contract.
If a case of force majeure arises, or a fortuitous event, the Parties then jointly agree on the conditions under which the contract may be continued.
Article 13 – LEGAL GUARANTEE
The company QUINTA SOLANA, UNIPESSOAL LDA. guarantees customers against lack of conformity and against hidden defects of the products.
The company is the guarantor of all products and goods of the sales contract.
It ensures that no errors are made on the website or in the products.
Customers thus have the possibility to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
They can also make a claim under the guarantee of defects of the thing sold under articles 1641 and following of the Civil Code.
If customers implement the legal guarantee of conformity, they have a period of two years from the delivery of the good to act.
Thus, as part of the legal guarantee of conformity, customers can:
- benefit from a mandatory period of up to two years from the delivery of the product to act against the seller, the company QUINTA SOLANA, UNIPESSOAL LDA. ;
- choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
Article 14 – INTELLECTUAL PROPERTY LAW
The content of the website of the company QUINTA SOLANA, UNIPESSOAL LDA. namely the site www.quintasolana.com remains the property of the seller.
The company is therefore the sole owner of the intellectual property rights on the content of the website.
Customers undertake not to use the content of the website without the prior written consent of the company QUINTA SOLANA, UNIPESSOAL LDA.
By committing not to use the content of the website, customers undertake not to use any mention of the site, nor the brand, trade name, logos, drawings, etc.
Any unauthorized use is likely to constitute an offence of counterfeiting punishable by criminal prosecution.
Article 15 – DATA PROCESSING AND FREEDOMS
Information collected by the company QUINTA SOLANA, UNIPESSOAL LDA. benefit from the protection of the Data Protection Act No. 78-17 of 6 January 1978 as well as the General Data Protection Regulation applicable since 25 May 2018.
The company QUINTA SOLANA, UNIPESSOAL LDA. collects personal data about customers in order to be able to proceed with the sale of products and is in this sense the controller of said data.
The company guarantees the security of the processing of the information communicated as well as the protection of the privacy of the customers.
The information collected may be used for commercial prospecting purposes or to improve the quality of the company’s services.
Customers have the possibility to oppose the communication of their data by sending a postal letter with acknowledgment of receipt to the following address:
QUINTA SOLANA, UNIPESSOAL LDA
Largo do Adro,10 7830-114 Brinches – PORTUGAL
Customers also have a right of access, opposition, rectification and deletion of their personal data that they can also exercise by sending a letter to the company whose address is indicated above.
Customers also have the possibility to retrieve the data communicated to the company, to request its destruction or to transmit it to another company.
Article 16 – NO – PARTIAL VALIDATION
If one or more clauses of these general conditions of sale are declared to be contrary to a mandatory legal provision, the other clauses of these general conditions of sale nevertheless remain applicable and the contract of sale will not be affected.
Article 17 – APPLICABLE LAW
These GTC are originally written in French.
Also, the general conditions of sale are subject to French law unless mandatory provisions to the contrary.
Article 18 – DISPUTES
In the event of a dispute that may arise from the contract or the GTC, the Parties undertake to seek an amicable solution as a matter of priority.
Disputes that have not been resolved amicably between the company QUINTA SOLANA, UNIPESSOAL LDA. and customers will be subject to the competent courts.
The competent court in case of dispute will be that of the place of domicile of the defendant located in France.