Terms of Sales

General Conditions of Sale of www.apetitestore.com

Date of last update: 11/04/2022

Preamble

The online sales site https://www.apetitestore.com/ is managed by the company PAMSI, SARL registered with the RCS of Versailles under number 911 726 073 000 16, and whose head office is located at 5 rue du Bois de l'Oiseau, 78690 St Rémy l'Honoré, represented by Mrs. Alexandra DEBBAS in her capacity as Manager (hereinafter referred to as the “Company”).

It is specified beforehand that these general conditions of sale (hereinafter referred to as “GTC”) govern the relationship between the Company and any natural or legal person who places an order on the Site, in other words consumer customers (hereinafter referred to as the “ Customer"). The T&Cs determine the terms in which the Customer acquires one or more products marketed by the Company on the website https://www.apetitestore.com/ . Any product order implies the Customer's full and unreserved acceptance of these T&Cs in their entirety. The Company also ensures the acceptance of the GCS by the customer through the establishment of a checkbox and a click of validation at the time of placing the order. In the event of disagreement with the terms and conditions of the GCS, the Customer must not place an order on the Site. The Company reserves the right to adapt or modify these T&Cs at any time and without notice. The applicable GCS are those in force on the date of the order by the Customer or of the first payment in the event of multiple payments. Any modification of the GCS is binding on Customers as soon as they are posted on the website https://www.apetitestore.com/ without the adapted or modified version being able to apply to previous orders.

Article 1 – Definitions

The terms and expressions identified by a capital letter in the General Conditions of Sale have the meaning indicated below (whether they are used in the singular or in the plural).

“Company”: designates the company PAMSI as defined in the preamble of these GCS

“GTC”: refers to these general terms and conditions of sale.

“Customer”: designates a Natural or Legal Person who places an order on the Site having previously adhered to the GCS, in other words the consumer customer as defined in the introductory article of the Consumer Code. The Customer acknowledges having full capacity to place an order.

“Party(ies)”: refers to the Company and/or the Client.

“Site”: refers to the website accessible at the address https://www.apetitestore.com/ 

“Products”: refers to the products put online on the Site, and which Customers can purchase by placing an order.

“User”: refers to the Internet user browsing the Site.

Article 2 – Object

These General Terms and Conditions of Sale aim to define the contractual relationship between PAMSI and the Customer and the conditions applicable to any order made via the Site https://www.apetitestore.com/ .

By accepting these General Terms and Conditions of Sale, the Customer declares that he has full legal capacity to contract under these T&Cs. The Customer declares to have reached the age of majority in his country, state or province of residence or to have the consent of his legal representative. If the Client is a legal person, he declares to act through a natural person with the legal capacity to contract in the name and on behalf of the legal person. 

Article 3 – Products 

3.1 Product Features

Before placing an order and in application of Article L.111-1 of the Consumer Code, the Buyer may read, on the Site, the main characteristics of the Products he wishes to order, in particular the specifications, illustrations, indications of dimensions or capacity and respective prices but also the methods of payment, delivery and execution of the contract. The Company is committed to the essential characteristics of the Products. All information is displayed in French. The Products sold by the Company are guaranteed new and have not, under any circumstances, been the subject of prior use. 

3.2 Product Information

The photos and videos of the products on our site are as close as possible to reality but are not necessarily contractual. Indeed, the products being natural and not calibrated, certain characteristics such as size, color and shape may not correspond exactly to the photographs and videographs present on the site https://www.apetitestore.com/ . Please note that these differences do not affect the quality of the product. In the event of a substantial difference with the photograph of a product, the customer will be informed by email or telephone and he may modify or cancel his order.

3.3 Product Availability

The offers presented by the Company are valid as long as they are visible on the Site and within the limits of available stocks. When a Product is unavailable, it is displayed as “Sold Out”, and it is no longer possible to order it. In the event that a Product ordered by the Customer is unavailable due to a technical or human stock error, the Company undertakes to inform the Customer without delay by e-mail or telephone upon becoming aware of this unavailability. In this case, the Company may, at the request of the Client:

– Offer to ship all the Products at the same time as soon as the Products out of stock become available again; Or

– Offer an alternative Product of equivalent quality and at an equivalent price; Or

– Reimburse unavailable Products. The Customer will then obtain reimbursement for the said Products within thirty (30) days of payment of the order.

Article 4 – Price

4.1 Price Information

The selling prices of the Products are displayed on the Site. Unless otherwise stated, the sale prices are indicated in Euros, all taxes included (TTC), excluding shipping costs and customs duties which will be borne by the Customer. The applicable prices are those indicated at the time of placing the order and recalled in the order confirmation. The amount of VAT and shipping costs is specified to the Customer at the time of the order confirmation. The sale prices take into account the VAT rate applicable on the day of the order. 

The Company informs Customers that prices are subject to change. The Company also reserves the right, at its own discretion, to offer promotional offers or price reductions.

4.2 Import duties and taxes

In the event of orders to a country other than metropolitan France, the Customer is the importer of the Products concerned. For all Products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically when the order is placed. Customs duties, local taxes, import duties or state taxes may be required in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Customer and are entirely his responsibility (declaration, payment to the competent authorities and bodies, etc.). The Customer is strongly advised to inquire about these aspects with the corresponding local authorities. The Company refuses to underestimate the market value of the products on the transport documents intended for customs.

Article 5 – Methods of payment

5.1 Terms of payment

All orders must be paid in euros. Full payment is due upon ordering, including for products available for pre-order. . 

5.2 Means of payment

Payment can be made by different means of payment:

– either by credit card via the payment provider Stripe or Mollie, where the Customer is redirected to the secure interface of the payment system in order to securely enter his personal credit card details. If the payment is accepted, the order is registered and the contract definitively established. In accordance with article L.132-2 of the Monetary and Financial Code, payment by credit card is irrevocable. 

– or by Paypal, a secure payment provider. It happens that the payment via Paypal is indicated as "pending for verification", in this case the Products will be sent as soon as payment is received by the Company.

Any exchange fees or bank charges will be borne by the Customer. By communicating his banking information during the sale, the Customer authorizes the Company to debit his card or his Paypal account for the amount relating to the price of the order. The Customer warrants to the Company that he has the necessary authorizations to use the payment method chosen and, where applicable, be the legal holder of the card or account to be debited and that he is legally entitled to use it. In the event of a payment incident, error, or impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled. 

A purchase invoice is automatically sent to the customer once the payment has been made. 

5.3 Effectiveness of transfer of ownership:

The Products remain the full and entire property of the Company until full payment of the price, delivery costs included by the Customer.

Article 6 – Right of withdrawal

6.1 Scope of the right of withdrawal

In accordance with article L.121-21 of the Consumer Code, the Customer has a period of 14 (fourteen) completed calendar days from the date of receipt of his order to exercise his right of withdrawal and thus return of the Products to the Customer, without having to justify specific reasons, for an exchange or a refund without penalty, with the exception of the return costs which remain at his expense and the costs of returning the Product for which an exchange is desired, and for which he will have to pay. When his order relates to several Products delivered separately, the above period runs from the receipt of the last Product.

The Customer who wishes to exercise his right of withdrawal, before the expiry of the above period, must send the Company to the contact details mentioned in the preamble of these GCS, the withdrawal form annexed at the end of these GCS duly completed, or a declaration clearly expressing his desire to withdraw and including his order number. The Customer also has the possibility of contacting the Company in order to exercise his right of withdrawal. 

The Products must imperatively be returned in their original packaging in perfect condition and ready to be marketed again, without undue delay and at the latest within 14 (fourteen) calendar days following the  communication, by the Customer, of his wish to withdraw. They must be accompanied by a copy of the corresponding order confirmation or purchase invoice.  The Customer is deemed responsible in the event of deterioration of the Products when they are returned to the Company. The Company reserves the right to refuse any request for withdrawal initiated after the deadline. The Product must be returned to the postal address indicated in the Preamble of these GCS.

The Company may choose to either refund the returned Product(s) or exchange them, as soon as possible according to the Customer's wishes and at the latest within 14 (fourteen) days from the date of actual receipt by PAMSI of the the request for withdrawal of all sums paid for his order, minus, where applicable, return costs and return costs in the event of a desire to exchange the Product, which remain the responsibility of the Customer. The Company however reserves the right to defer this reimbursement until the effective recovery of the Products. Any return and recovery accepted by the Company entails the granting of a refund or an exchange for the benefit of the Customer, after verification of the quality and quantity of the Products. 

6.2 Exceptions

As an exception, the Customer does not have a right of withdrawal in the following cases:

– when the Products have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection

– when the Products are goods liable to deteriorate or expire rapidly, such as dried candy and all Products with a use-by date.

Consequently, the Customer expressly waives, in this case, to assert his right of withdrawal, which cannot therefore be exercised under Article L.221-28 of the Consumer Code. 

Article 7 – Terms of delivery

The Products are shipped to the delivery address which was indicated by the Customer when ordering as the "delivery address" (which may be different from the billing address) provided that it is located in the territory possible delivery. 

7.1 Rates & Delivery methods

Different delivery methods may be possible depending on the weight of the products and the destination of the package. The Customer is informed before the validation of his order of the possible delivery methods as well as the costs corresponding to each of these delivery methods. The delivery costs related to the transport of the Products to the delivery address indicated by the Customer are calculated according to the weight and the destination and are the sole responsibility of the latter. They are communicated during the validation of the basket by the Customer and automatically included in the total price to be paid for the order.

The Customer must select the desired delivery method and make sure to communicate all the information necessary for the actual delivery of the Products and undertakes to provide exact and complete information concerning the delivery address - such as name and street number. , building, apartment or staircase, postcode, city, access codes, intercom information etc – so that the delivery can be carried out correctly. The Company cannot be held responsible for any input errors that would disrupt the delivery, thus causing a delay, errors or absence of delivery. In this case, the costs incurred for the possible reshipment of the Product will be borne by the Customer. The delivery costs correspond to the current rates of La Poste, DPD, Chronopost or Mondial Relay and the cost of packaging. Transport-related problems: delay, damaged package, are the responsibility of the transport service. It is up to the Customer, in the event of reservations related to the transport of the Products, in particular in the event of damage or missing items, to make all the necessary observations and to notify them to the carrier on the delivery slip. In the event of a damaged package (already opened, missing products, etc.), the Customer undertakes to contact the Company within 3 days of receipt of the Products. In the case of returns of parcels not claimed by the customer at the post office or at the delivery point within the time limits, the Company reserves the right in this case to claim from the customer the costs of reshipment.

Metropolitan France :

Home delivery via La Poste Colissimo from €6.99

Delivery to a Mondial Relay pick-up point from €5.50

Home delivery via DPD Predict from €5.99

Delivery to a pick-up point via DPD Relais from €3.99

Delivery to a Chronopost pick-up point from €8.99

DOM TOM 1:

Home delivery via Colissimo from €25

DOM TOM 2:

Home delivery via Colissimo from €45

Monaco:

Home delivery via La Poste Colissimo from €6.99

Belgium :

Home delivery via La Poste Colissimo from €18

Mondial Relay home delivery from €11

Delivery to a Mondial Relay pick-up point from €6.50

Luxemburg:

Home delivery via La Poste Colissimo from €18

Mondial Relay home delivery from €11

Delivery to a Mondial Relay pick-up point from €7

The Netherlands :

Home delivery via La Poste Colissimo from €18

Mondial Relay home delivery from €14

Delivery to a Mondial Relay pick-up point from €7

Germany, Austria, Italy and Portugal:

Home delivery via La Poste Colissimo from €18

Mondial Relay home delivery from €12

Italy and Portugal:

Home delivery via Colissimo from €15

Mondial Relay home delivery from 9€99

Delivery to a Mondial Relay pick-up point from €6.99

Swiss : 

Home delivery from 15€

United Kingdom and Rest of the European Union:

Home delivery from 22€

Morocco : 

Home delivery from 25€

United States and Canada:

Home delivery from 30€99

Rest of the world :

Home delivery from 60€

Local delivery

If applicable and desired, the Customer has the option of opting for Local Delivery carried out directly by the Company. The Customer then undertakes to communicate exact and complete information concerning the delivery address - such as name and street number, building, apartment or staircase, postal code, city, access codes, information intercom etc – so that the delivery can be carried out correctly. The Parties undertake to follow the instructions provided by each Party (delivery times, etc.). 

Local delivery within a radius of less than 5km: €2

Local delivery within a radius of less than 10km: €3

Local delivery within a radius of less than 15 km: €4.50

Click & Collect pick-up point

If applicable and desired, the Customer has the option of picking up their order directly at the collection point or “Click & Collect” located on the Company's premises. The Customer then undertakes to follow the instructions provided by the Company. The Customer must come and collect his order by his own means and within the time limits indicated. 

7.2 Shipping orders

The Products are shipped after validation and the Order and receipt of payment, from Monday to Friday within 5 working days, except public holidays, otherwise stated, notification to the Customer and subject to the availability of the Products. Any order placed between Friday 12 noon and Sunday evening will be processed from the following Monday, except public holidays. The Customer is informed of the processing and dispatch of his order by email. A tracking number is sent to him in order to follow the shipping stages of his Order. The Customer is regularly informed of the status of his order by e-mail.

7.3 Delivery times:

The delivery of the Products is made within the period indicated in the order confirmation. All the announced times are calculated in working days. When the Customer orders several products at the same time, these may have different delivery times depending on their availability. The time indicated in the order confirmation does not take into account the order preparation time. These are indicative deadlines, and no delay of any duration and/or nature whatsoever may give rise to compensation or a refusal by the Customer to take possession of the Products. However, in the event of a delay in shipment, the Customer will be kept informed by email or telephone. Furthermore, if the delivery occurs with a delay of more than thirty (30) days, the Customer may request the cancellation of his order and the resolution of the sale according to the conditions and modalities defined in article L216-6 of the Code of Consumption: by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered the Company, according to the same terms, to make the delivery within a reasonable additional period, it has not been executed within this time. The contract is then considered resolved upon receipt by the Company of the letter or writing informing it of this resolution, unless it has been executed in the meantime. When the contract is terminated under the conditions provided for in articles L.216-6 of the Consumer Code, the Customer will then be reimbursed for all the sums paid, at the latest within fourteen (14) days following the date of denunciation of the sale. PAMSI reserves the right in any case to approach the Customer in order to offer him alternative solutions for reimbursement of the price of the Products and the delivery costs. The Customer must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.

In any case, the Customer remains informed of the processing and status of his order by e-mail. 

Article 8 – Legal guarantees of conformity and hidden defects

Upon delivery of the Products, the Customer must immediately check their condition and their conformity with the order. To do this, he undertakes to respect the unpacking instructions communicated by the Company on the Site. The Customer must in particular check the quality and quantity of the Products, their references, their condition and their characteristics, ideally before signing the delivery slip. 

In the event of delivery of a non-compliant Product, the Customer must, if possible, state his express reservations on the delivery note. The Customer must inform the Company as soon as possible in writing of the defect(s) found (nature of the defect, non-compliance or damage found by sending any useful supporting documents, in particular in the form of photograph(s)). The Company undertakes to organize the terms of return. The Products must imperatively be returned in their original packaging and if possible accompanied by a copy of the order confirmation or the purchase invoice. The Company will carry out the necessary checks and will offer the Customer the replacement of the Product. If the replacement of the Product is impossible, the Company undertakes to reimburse the Customer the full price paid for the Product as well as the corresponding delivery costs, as soon as possible and at the latest within fourteen (14) days. following the date on which the Company will have informed the Customer of the impossibility of replacing the product. Any spontaneous return or exchange, without the prior express agreement of the Company and/or not respecting the terms described above, cannot be taken into account.

According to article L.111-1 of the Consumer Code, the Customer benefits from legal guarantees of non-conformity of the Products and hidden defects, under the conditions provided for by articles L 217-4 to L-217-17 of the Consumer Code and by articles 1641 to 1649 and 2232 of the Civil Code. 

If the Customer finds that the Product that has been delivered has a defect, he can activate one of his guarantees: 

– The legal guarantee of conformity: This guarantee can be activated by the Customer in the event that the Product does not correspond to the characteristics specified in his order. The Customer has a period of 2 (two) years from the delivery of the Product to activate the warranty by returning the Product concerned with all the corresponding supporting documents, without having to provide proof of the existence of a conformity of the Product at the time of delivery of the latter. In the event of application of the guarantee of non-conformity, the Customer may choose between repairing or replacing the product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code.

– The guarantee against hidden defects: This guarantee can be activated in the event that the Product is damaged or affected by a material, design or manufacturing defect rendering the Product unfit for use.
The customer has a period of 2 (two) years from the discovery of the defect to act, by returning the Product concerned with all the corresponding supporting documents under the conditions of article 11.2 below.
In the event of application of the guarantee against hidden defects, the customer may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Article 9 – Complaints, settlement of disputes and disputes

For any information, question or complaint, the Customer may contact the Seller's Customer Relations department by e-mail: contact@apetitestore.com

Article 10 – Force majeure

The Company cannot be held responsible for the non-execution or delay in the execution of its obligations as described in these GCS, in particular delivery, due to circumstances outside its control or a case of force majeure. The following are considered as such, without this list being exhaustive: acts of war, fires, strikes of any kind, attacks, lightning, insurrection, epidemics and pandemics, natural disasters, social unrest, explosions, external electrical and technical problems, cases of breakage or blockage of means of transport, postal services or telecommunications networks, floods, serious accidents, earthquakes, exceptional bad weather as well as any regulatory obligation, legal or public order imposed by the competent authorities and which would or in the event of any event beyond the control of the Company, and/or any event preventing the execution of an order or which would have the effect of modifying substantially these T&Cs.

Annex – Withdrawal form

Please complete and return this form only if you wish to withdraw from the contract to the following address: contact@apetitestore.com or PAMSI 5 rue du Bois de l'Oiseau, 78690 St Rémy l'Honoré