OBJECT

These general conditions of sale define the terms and conditions according to which any physical person (“the Customer”), whatever his nationality, may order and buy the Products that the CheeseOnline.fr company has offered for sale on its web site (“the Site”). The address of the site is the following: http://www.cheeseonline.fr
As this is an electronic contract concluded from a distance, Cheeseonline.fr intends to identify itself:

CheeseOnline
Siège social : 150, avenue Emile Zola - 75015 Paris - FRANCE
Limited Liability Company , capital of 19.450 euros - N° SIREN : 481 332 542 - R.C.S.de Paris
VAT FR 57 481 332 542
[email protected]

ACCEPTANCE OF GENERAL TERMS AND CONDITIONS

When a user fills in the order form on the Site and confirms the order by clicking on the “confirmation of order” button, he or she thereby fully accepts the general conditions presented here, which will be the only terms applicable to the contract thereby entered into. The Customer can consult these conditions at any time, simply by clicking on the “General terms and conditions” hypertext link, accessible from any page of the Site.
The Site reserves the possibility to adapt or modify at any time these general terms and conditions of sale. If a modification should occur, the general terms and conditions in force on the day of the order shall be applied to this order. Therefore, it is up to the Consumer to refer to the latest version of the general terms and conditions of sale, which are permanently available on the cheeseonline.fr Site.

ORDERING

To place an order on the CheeseOnline.fr Site, the Customer must fill in an order form on the Site. Once he or she has validated the order (3.1), the Customer must identify himself or herself (3.2), then transmit his or her order and pay (3.3). Once this order has been accepted, it will be confirmed by e-mail (3.4).

3.1 VALIDATING THE ORDER

When the Customer has chosen the Products he or she wishes to buy, he or she validates his or her order thanks to the recapitulative screen which is displayed. He or she must select the invoicing country and the delivery country, so as to determine the transport fees. The recapitulative screen indicates:

• the details of the selected Products, their references and the unit prices.
• the transport fees.
• the total price the Customer has to pay.

3.2 IDENTIFYING THE CUSTOMER

Once he or she has validated his or her order, the Customer must identify him/herself. To do so, he or she must fill in a form put at his or her disposal. He or she shall indicate his or her surname, first name, e-mail address, postal address (and the delivery address if it is different), telephone number (and the recipient’s address if it is different). CheeseOnline.fr reserves the right to check the accuracy of the information given by the Customer, his or her identity and address in particular, before sending off the Products he or she has ordered. The Customer is responsible for the information he or she gives. If ever there were a mistake in the wording of the recipient’s address, the Site cannot be held responsible for not being able to deliver the Products.

3.3 PAYMENT

The Customer finishes validating his or her order by keying his or her banker’s card number and its expiry date. Payments by banker’s cards are securitized by the SSL encryption payment system.

3.4 CONFIRMING THE ORDER

To be sure that the Customer voluntarily put in the order, CheeseOnline.fr is committed to confirming each order by e-mail within 24 hours after receiving the order. The details and prices of the ordered Products in particular will figure in this confirmation. The confirmation that the Customer has validated his or her order will taken into account only when the banking payment centres have given their consent. If these centres refuse to give their consent, the order will automatically be cancelled and the Customer will be warned by e-mail.

The confirmation of order will be archived in the premises of CheeseOnline.fr and will be considered as proof of the nature and date of the agreement.

PRICES

CheeseOnline.fr reserves the right to modify its prices at any time but is committed to applying the fees that were in force when you placed your order, as long as the Products are available at that date. The price given in the lists of goods does not include the transport fees. The global price of the order includes the price of the goods, the handling, packing and transport fees, as well as all the taxes if the goods are to be exported out of France. No other customs duty or VAT will have to be paid if the goods are to be delivered within the European Union. The price is given in euros, and the sums expressed in other currencies are supplied for information only.

PROVISIONS OF THE “DATA PROCESSING AND FREEDOM” LAW

At any time, the Customer has access to any data which concerns him or her. He or she may modify, correct or erase this data, in accordance with article 34 of the French “Data processing and Freedom” law, passed on January 6th 1978.

OBLIGATIONS OF THE PARTIES

6.1- THE SITE’S OBLIGATIONS

When accepting the order, the Site is committed to selling and delivering all the Products the Customer ordered. Within the 72 hours following the order, the Site commits itself to entrust the correctly packaged Goods to a delivery company appointed by the Site. The delivery company with which the Site concludes a contract is committed to deliver the order, within a reasonable delay, to the address given by the Customer.

6.2- OBLIGATIONS OF THE CUSTOMER

The Client is committed to giving the Site an address at which the delivery can normally be made during business hours. The Customer has to commit himself to pay the stated price for the service (price of the Products and transport), and to pay or, if need be, enable the forwarding agent or deliverer to pay the customs dues, VAT or other taxes proper to the legislation of the country in which the delivery is to be made. Any order placed by the Customer is for his or her own use, or the personal use of the person whose name was given for the delivery. In this case, the Customer acts as a guarantor and has to make sure these General Terms and Conditions will be accepted by the recipient (who in this case is comparable to the « Customer »).

DELIVERY SCHEDULE

The Products are delivered to the address that was stated when the order was placed, within 9 business days at the latest, starting from the moment when the order is confirmed, unless the payment is refused by the Site's banking centre. The waiting period announced by the Site can vary according to the country and is given for information only. The Site cannot be held responsible if the delay it gave is involuntarily exceeded. If the recipient, or anyone who could take in the Products, is absent, then the deliverer shall leave a notice at the address of the delivery, saying that he was present to deliver the Products, and that the Client can go and collect his goods. On no account can CheeseOnline.fr be held responsible if the goods were to be damaged if the Customer did not collect the goods, or was late in collecting them from the forwarding agent. Strictly speaking, the Site is not responsible for the delivery and cannot guarantee that the service will be continuous, with no temporary interruption, suspending or mistake.

QUALIFICATION UPON RECEIPT - NO RETURN- LIMITED RIGHTS TO REIMBURSEMENT- REPLACEMENT-

The Customer can express his reserves about the delivery of the Products, if ever the number of items did not correspond to that settled when the order was placed, or if the packet that contained the goods were badly damaged. No reserve concerning the taste, the appearance or the freshness of the goods can be accepted. The claim must be made in writing, and either given directly to the deliverer, or sent within 12 hours after the delivery. A copy of the claim must be sent to CheeseOnline.fr (by e-mail), 12 hours after it was first made, at the latest. It is up to the Customer to attach to this e-mail the deliverer's confirmation of the truth of the facts. This procedure must be respected to the letter. If the number of items delivered does not correspond to the number of items ordered, CheeseOnline.fr commits itself to reimburse the difference in price between the goods that were ordered and the goods that were delivered (if the price of the items that were delivered is lower than those that were ordered and paid for). If reserves are expressed because the packet and the goods are badly damaged, CheeseOnline.fr will reimburse the Client or will deliver new, similar items. No Products can be returned.

GUARANTEE-DELIVERY

The Site guarantees that the goods were made in France and comply with the description given on the Site on the day they were ordered. The Site also guarantees that the goods are of optimum quality and are fresh when handed over to the deliverer. No other express or tacit guarantee can be understood or extrapolated. In particular, the Site cannot guarantee that the goods comply with certain specific expectations the Client had and which were not mentioned in the description. No goods can be returned.

LIABILITY AND LIABILITY LIMITATION

The Customer only is responsible for the choice of the products, as well as their preservation and use from the day they are delivered. We would like to attract the Client's attention on the fact that he or she must not consume the goods beyond the date given on the packaging. If it appeared that the goods had been damaged for reasons that did not belong to the guarantees given by the General terms and Conditions and for which CheeseOnline.fr could not be held responsible (heat, transport, or any other reason), we recommend the same precautions. Likewise, Cheeseonline;fr cannot be held responsible if the legal or statutory provisions that apply to the country to which the goods are delivered are not respected, as CheeseOnline.fr is only responsible for respecting the French laws concerning the products. Whatever the possible reasons for which CheeseOnline.fr's responsibility can be called into question, its responsibility is limited to the lowest of the following amounts of money: the direct cost of the loss the Client suffered or the cost of the order.

INVALIDITY- CASE OF ABSOLUTE NECESSITY- APPLICABLE LAW- COMPETENT COURTS

If one of the clauses of these General terms and Conditions were to be declared inapplicable or invalidated for some particular reason, this invalidity or inapplicability will under no circumstance affect the application or the validity of the other provisions in these General Conditions. The clause that has been invalidated or considered inapplicable will de facto be replaced by the provision which will seem the most similar or appropriate. Neither the Site nor the Client can be held responsible for any non-fulfilment caused by a case of absolute necessity that is beyond his or her control, including, among others: wars, riots, uprisings, transport interruptions, importation or exportation problems, strikes, lock-outs, shortages, fires, earthquakes, storms, floods... These General Germs and Conditions are subject to the French Law. Any dispute or controversy which may occur can only be judged by the competent court in Paris.

INTELLECTUAL COPYRIGHT AND HYPERTEXT LINKS

12.1 INTELLECTUAL COPYRIGHT

The contents of the CheeseOnline.fr site all belong to CheeseOnline.fr. All rights are reserved. The Client must acknowledge and accept the fact that the contents of the CheeseOnline.fr Site (the texts, application programs, architecture, illustrations, logos, trade names... in particular) are protected by intellectual copyright. In these circumstances, the Customer may on no account use or reformat the contents of CheeseOnline.fr without a written authorization from CheeseOnline.fr. 'CheeseOnline.fr' and 'CheeseOnline' are two registered trademarks. Therefore, any reproduction which could be made of it would constitute a counterfeit.

12.2 HYPERTEXT LINKS

CheeseOnline.fr reserves the right to create hypertext links leading to other Internet Sites or Sources. Other people may create hypertext links towards CheeseOnline.fr. Because CheeseOnline.fr is not in a position to control these Sites and external Sources, the Client has to acknowledge the fact that CheeseOnline.fr cannot be held responsible for putting these Sites and external sources at disposal. Therefore CheeseOnline.fr cannot be held responsible for the contents, adverts, goods, services and an other equipments that could be found on or from these Sites or external sources.