In effect as of 21/04/2020
In accordance with the provisions of Articles 6-III and 19 of the French law n°2004-575 of June 21st 2004 for the trust in the Digital Economy, known as L.C.E.N., Users of the https://www.loreedusabia.com/ website are informed of the present legal notice.
Connection and browsing on the site https://www.loreedusabia.com/ by the user implies full and unreserved acceptance of these legal notices.
ARTICLE 1: The editor
Publishing of the website https://www.loreedusabia.com/ is ensured by the Company EARL L’Orée du Sabia with a capital of 14 000 euros, registered in the RCS of La Roche sur Yon under the number 833 177 462, whose head office is located at 3 B Rue de la Fontaine 85470 BREM-SUR-MER telephone number +33 (0)2 51 96 30 61, e-mail address: contact[a]loreedusabia.com.
E.U. VAT number: FR23833177462
The Director of the publication is Bastien Mousset.
ARTICLE 2: The Hosting Company
The host of the website https://www.loreedusabia.com/ is the Company OVH, whose registered office is located at 2 rue Kellermann – 59100 Roubaix, France, with the telephone number: +33 (0)8 99 70 17 61, with the website www.ovh.com.
ARTICLE 3: Access to the site
The site is accessible from anywhere, 7 days a week, 24 hours a day, except in cases of force majeure, scheduled or unscheduled interruptions that may arise from a need for maintenance.
In case of modification, interruption or suspension of services the site https://www.loreedusabia.com/ cannot be held responsible.
ARTICLE 4: Photo credits
The photographs, texts, slogans, drawings, images, videos, animated sequences with or without sound, as well as all works integrated into the site are the property of l’Orée du Sabia or of third parties who have authorised their use.
The logos, icons and graphic chips represented on the site are protected by copyright and articles L.511.1 and in accordance with the Intellectual Property Code relating to the protection of registered models.
Reproductions, on a paper or computer medium, of the said site and the works reproduced therein are authorised provided that they are strictly reserved for personal use excluding any use for advertising and/or commercial and/or information purposes and/or that they comply with the provisions of article L.122-5 of the Intellectual Property Code.
With the exception of the above provisions, any reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of the site, of all or part of the various works that make it up, without having obtained the prior authorisation of l’Orée du Sabia is strictly prohibited and constitutes an offence of counterfeiting and may result in civil and/or criminal legal proceedings and the payment of damages.
ARTICLE 5: Data collection and management
The site provides the User with a collection and processing of personal information respectful of privacy in accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms.
Under the French Data Protection Act of January 6th 1978, the User has the right to access, modify, rectify, delete and oppose his or her personal data. The user may exercise this right:
- by post at 1 A Rue du Sablais, 85470 Brem-sur-Mer ;
- via a contact form: https://www.loreedusabia.com/en/contact/
- by e-mail at contact[a]loreedusabia.com
The information communicated by the user in the contact form is strictly confidential and for the exclusive use of l’Orée du Sabia.
Individuals also have the right to file a complaint with the CNIL.
In addition, and since the law n°2016-1321 of October 7, 2016, people who wish to do so, have the possibility to organize the fate of their data after their death. For more information on the subject: https://www.cnil.fr/.
ARTICLE 6: Cookies
The purpose of this section is to inform Internet users of the use of the data collected during their browsing on the site.
When an Internet user consults the site, l’Orée du Sabia may, depending on the Internet user’s browsing parameters, place cookies on their computer, telephone or tablet.
A cookie is a small data file that records information relative to browsing on the site such as the pages consulted, the date and time of consultation… Cookies make it possible to optimise and make the client’s browsing on the l’Orée du Sabia website more pleasant. They also enable us to offer personalised offers and services. Under no circumstances do cookies allow the personal identification of an Internet user. The cookies issued by l’Orée du Sabia have several purposes:
- A personalisation purpose: these cookies enable us to send customers personalised offers and advertising related to their interests.
- A statistical purpose: these cookies make it possible to establish statistics on site visits (number of visits, abandonment in the order process, etc.) in order to improve its content.
The configuration of cookies: by continuing to browse the site, the Internet user accepts the use of the cookies described above. If he does not wish l’Orée du Sabia to deposit these cookies, the internet user must configure his browser as follows:
- For Microsoft Internet Explorer:
1. Choose the “Tools” menu, then “Internet Options”.
2. Click on the “Confidentiality” tab (or “Privacy”).
3. Select the desired level with the cursor.
- For Netscape:
1. Select the “Edit” menu > “Preferences”.
2. Confidentiality and Security
- For Opera:
1. Choose the “File” menu > “Preferences”.
- For Firefox:
1. Choose from the “Options” menu.
2. Choose the “Privacy and Security” menu.
3. Check the box “Accept cookies and site data (recommended)”.
ARTICLE 7: Intellectual property and counterfeiting
Any use, reproduction, distribution, marketing, modification of all or part of the site https://www.loreedusabia.com/, without the authorisation of the Publisher is prohibited and may lead to legal actions and proceedings as provided for in particular by the Intellectual Property Code and the Civil Code.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
ARTICLE 8: Limitations of liability
L’Orée du Sabia acts as the publisher of the site and is responsible for the quality and truthfulness of the content it publishes.
L’Orée du Sabia cannot be held responsible for any direct or indirect damage caused to the user’s equipment, for the appearance of a bug or incompatibility when accessing the https://www.loreedusabia.com/ website.
Interactive spaces (possibility to ask questions in the contact area) are available to users. L’Orée du Sabia reserves the right to delete, without prior notice, any content deposited in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, L’Orée du Sabia also reserves the right to bring into question the civil and/or criminal liability of the user, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).
CONDITIONS OF SALE
ARTICLE 1: Preamble
1.1. The following conditions of sale rule any relation between EARL l’Orée du Sabia located at 85470 Brem-sur-Mer, France and any physical or moral person acting within a professional activity (hereafter named “the purchaser”).
1.2. Unless otherwise expressly agreed in writing, all goods are sold upon the following terms and conditions to the exclusion of any terms and conditions of the purchaser and no agent or representative of EARL l’Orée du Sabia has any authority to vary or omit, part of or all of, these conditions. Acceptance of delivery of the goods shall constitute acceptance of these terms.
1.3. All quotations are to be deemed valid for 30 days unless otherwise stated. All quotations are to be considered as FCA unless otherwise stated.
ARTICLE 2: Order & delivery
2.1. Any deficiency in quantity of product delivered or transportation damage as at the time of delivery shall be notified to EARL l’Orée du Sabia immediately upon receipt and precise and motivated reservations should be made to the transporter. Acknowledgement of the delivery shall be deemed to be acceptance of the quantities as set out by the invoice and that the product has not suffered from transportation damage.
2.2. Any damage which is non-apparent at delivery and is discovered afterwards must absolutely be declared to the transporter within 48 hours of the delivery.
2.3. No goods may be returned to EARL l’Orée du Sabia without its prior written consent.
2.4. Pre-delivery inspection can be arranged at the purchasers cost.
2.5. All goods shipped outside France will be according to the International Chamber of Commerce Incoterms 2020.
2.6. EARL l’Orée du Sabia will use its best endeavours to deliver at the time stated and all delivery dates shall be regarded at best as estimates only, except in the case of an FCA delivery. Orders will only be accepted in writing/e-mail. EARL l’Orée du Sabia shall not be liable for any losses, costs, damages or expenses suffered by the purchaser or any other party as a result of any delay in delivery.
2.7. Any order that has been accepted by EARL l’Orée du Sabia and the purchaser may not be reduced or cancelled after acceptance without the agreement of EARL l’Orée du Sabia in writing.
2.8. Where orders are accepted by EARL l’Orée du Sabia for special production runs, unless otherwise agreed to in writing, EARL l’Orée du Sabia will not accept any restriction of its right to manufacture or sell or offer to any other purchaser goods which may have been manufactured specially for a specific purchaser or purchasers.
ARTICLE 3: Products
3.1. EARL l’Orée du Sabia will make good at its option by replacement any articles sold by it which, within 6 months after delivery, are shown to the satisfaction of EARL l’Orée du Sabia to have been, at the time of delivery, defective where such defect is solely attributable to defective workmanship, product content or manufacture provided that:
3.1.1. EARL l’Orée du Sabia is immediately notified upon detection; and
3.1.2. no defect is caused by wilful damage, negligence, incorrect storage or application, incorrect use or movement (except by EARL l’Orée du Sabia, its servants or its agents); and
3.1.3. if required by EARL l’Orée du Sabia the goods are returned to EARL l’Orée du Sabia within one month of the discovery of the defect.
The warranty contained in this Condition is the only express warranty given by EARL l’Orée du Sabia. All other conditions, representations, terms and warranties as to the fitness or quality of the goods supplied for any purpose, whether express or implied, whether statutory or otherwise and whether verbal or in writing are hereby excluded and negatived to the full extent permitted by French law in each case.
3.2. The modifications of EARL l’Orée du Sabia products, other than in accordance with EARL l’Orée du Sabia’s written approval in each case, is not authorised and may result in product deterioration. The warranty contained in these conditions will not extend to any product which has been the subject of any unauthorised modification.
3.3. EARL l’Orée du Sabia sets out suggestions as to the use of, and storage of its products on the understanding that those suggestions are made solely to assist the purchaser to get the best results from its purchase, and that they do not amount to warranties or otherwise add to or vary these Conditions of Sale in any way.
3.4. To re-sale these goods into territories other than that agreed in the distribution agreement must be agreed in writing with EARL l’Orée du Sabia.
ARTICLE 4: Liability
4.1. Subject only to the provisions of Condition 3.1 EARL l’Orée du Sabia hereby excludes to the full extent allowed by French law all liability of any kind whatsoever to the purchaser or any other party for any loss, damage or loss sustained or incurred by the purchaser or any other party in consequence of or resulting by, directly or indirectly, the supply of, use of, or performance of any products or services for whatever reason whether arising out of any breach by EARL l’Orée du Sabia of any contract incorporating these Conditions or negligent or wrongful acts by EARL l’Orée du Sabia or its servants or its agents in connection with its products and or its services, and limits any liability that it might nevertheless have to a maximum amount being the invoiced price of the products or services in question.
4.2. EARL l’Orée du Sabia reserves the right to declare void any defect claim where the claimant does not extend to EARL l’Orée du Sabia a reasonable opportunity to fully inspect the product, application and circumstances of the product.
4.3. EARL l’Orée du Sabia and its principals cannot be held responsible or liable for any claims concerning any injuries, loss of income or other losses of earnings by the purchaser or any other party associated with the handling or otherwise use of the Manoir d’Apreval products.
4.4. EARL l’Orée du Sabia will not be liable for breach of contract arising from or caused by, directly or indirectly, force majeure, war, strikes, riots and civil commotions and nature disasters.
ARTICLE 5: Payment
5.1. Payment is to be made in Euros by SEPA electronic bank transfer for European countries and by SWIFT electronic bank transfer for all other countries, net of all deductions, before shipment for any transaction. Payment in terms – credit and extended credit – will need to be agreed to in advance of any orders placed under these terms. Failure to make due payments in respect of deliveries under this or any other contract with EARL l’Orée du Sabia shall entitle EARL l’Orée du Sabia to delay, suspend or cancel deliveries in whole or in part at its option.
5.2. Any delay in payment will give the right to EARL l’Orée du Sabia to claim compensation as set by the European Union directive on late repayments. The rate applicable will be the interest rate applied by the European Central Bank to its main refinancing operations, plus an additional ten percentage points. Consequently, the penalty shall be of 0,3% of the total due, per day of delay. Penalties are due from the first day of delay, based on the VAT-included amount due, and are applicable until the date of payment by the customer. The rate is annual or monthly and can be converted to a daily rate, that is, multiplied by the number of days of delay. The amount of the late payment penalties will thus be applied according to the following formula : (Amount due including VAT) x (10% penalty rate) x (number of days late / 365).
5.3. EARL l’Orée du Sabia reserves the right to block any order established by a company that is more than 30 days late in paying a previous order until said order has been paid for.
ARTICLE 6: Applicable law and jurisdiction
6.1. The applicable law of this contract is the law of the French Republic and the competent court is the commercial court of Caen, France. However, any claim should first and foremost be addressed to EARL l’Orée du Sabia in order to find an amicable solution.