General sale conditions
Sale of products on the internet to consumers
ARTICLE 1 – APPLICATION SCOPE
These General Terms and Conditions of Sale apply, without restriction or reservation, to sales concluded by the SAS TNUT (“the Seller”) to consumers and non-professional buyers (“Customers or Customers”) , wishing to acquire the products offered for sale by the Seller (“The Products”) on the website https://tnut.fr
They specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered by the Customers.
These General Conditions of Sale may be supplemented by specific conditions, set out on the website, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website https://tnut.fr and will prevail, if necessary, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the purchase BY the Customer on the website is THE VERSION AS OF the date of placing the order.
The modifications of these General Conditions of Sale are opposable to the users of the Internet site https://tnut.fr as from their setting on line and cannot apply to the transactions concluded previously.
ARTICLE 2 – PRODUCTS OFFERED FOR SALE
The Products offered for sale on the website https://tnut.fr are the following:
- A nutcracker reinvented 100% made in France,
- Replacement membranes;
- Assortments of KOKI brand hazelnuts and walnuts.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://tnut.fr
The Customer is required to read it before any order is placed.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website https://tnut.fr are not contractual and do not engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the event of continuous or periodic supply of a PRODUCT, the minimum duration of the proposed contract .
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer. (This information is also available online in English)
The Products presented on the website https://tnut.fr are offered for sale for all countries of the world.
In case of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated automatically excluding tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be APPLICABLE. They will be chargeable and are the sole responsibility of the Client.
ARTICLE 3 – DURATION OF VALIDITY OF THE PRODUCT OFFER
Product offers are within the limits of available stocks, as specified when placing the order.
ARTICLE 4 – SELLER CONTACT INFORMATION
The seller’s contact details are as follows:
RCS : 885 387 233
5 Rue Bréguet 75011 PARIS
In accordance to the Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which occured on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, erasure and portability of all of their personal data by writing, by mail and proving their identity, to the address of the Seller, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website https://tnut.fr
ARTICLE 5 – ORDERS
5-1 . Placing the order
It is up to the Customer to select on the website https://tnut.fr the Products he wishes to order, according to the following methods:
The customer selects products and quantity online,
He visualizes the details of his order – product and total price incl. VAT, delivery costs included, with the possibility of modifying his order before payment. The Customer has the responsibility to check the accuracy and detail of his order, its total price and to correct any errors before confirming his acceptance.
The registration of an order on the website https://tnut.fr is carried out when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order.
The customer then confirms his order and proceeds to payment.
Any order placed, validated by the Customer, under the conditions and according to the methods described above, on the website https://tnut.fr constitutes the formation of a contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer in the event of unavailability in stock or if there is a dispute with the customer relating to the payment of a previous order.
The Customer can follow the progress of his order on the website https://tnut.fr
ARTICLE 6 – RATES
The Products are supplied at the current prices shown on the website https://tnut.fr when the order is registered by the Seller.
The prices are expressed in Euros, HT and TTC.
The prices take into account any reductions that may be granted by the Seller on the website https://tnut.fr
These prices are firm and cannot be revised during their period of validity, as indicated on the website https://tnut.fr, the Seller reserves the right, outside this period of validity, to modify prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website https://tnut.fr and calculated before placing the order.
If the Customer requests a faster or more costly shipping method than standard shipping, the additional delivery costs, as they appear at the time of the validation of the order by the Customer, are entirely at their expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 7 – PAYMENT CONDITIONS
The price is payable in full on the day the customer places the order, by secure payment, in the following ways:
- By bank cards: Bank Card, Visa, MasterCard, American Express, other bank cards;
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
ARTICLE 8 – DELIVERIES
The Products ordered by the Customer will be delivered to mainland France (and to countries around the world) within ten (10) days from the dispatch of the order to the address indicated by the Customer when ordering. on the website https://tnut.fr
The delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the above-specified deadlines. However, these deadlines are given for information only. If the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the fact of the Client, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In case of non-conformity of the delivered Product, the Seller – undertakes to remedy it or to reimburse the Customer, as indicated in the 11th article – “Liability of the Seller – Guarantee”.
The Seller bears the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.
In case of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered.
Within 10 days from delivery the customer can formulate any anomaly, manufacturing defect, difficulties, any reservations or complaints for non-compliance or apparent defect in the Products delivered (for example damaged package already opened, etc.), with all the supporting documents relating there to (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect and no complaint may be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at his expense, the Products delivered whose conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 9 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Seller’s Products, for the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products. Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products.
The Products therefore travel at the Seller’s own risk.
ARTICLE 10 – RIGHT OF WITHDRAWAL
In accordance to the legal conditions, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, in order to exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days (14 days at most following the communication of the withdrawal decision) following the notification to the Seller of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions …) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website https://tnut.fr in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the will to retract.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining payable by the Customer.
The reimbursement will be made within thirty (30) days of the notification to the Seller of the withdrawal decision.
ARTICLE 11 – SELLER’S RESPONSIBILITY – GUARANTEE
The Products sold on the website https://tnut.fr comply with the regulations applicable in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:
- The legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or which do not correspond to the order;
- The legal guarantee against hidden defects arising from a defect in material, design or manufacturing affecting the products delivered and making them unfit for use;
Under the conditions and according to the methods referred below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Vices).
It SHOULD be NOTATED recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act against the Seller; – can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code; it is exempt from providing proof of the existence of the Product’s lack of conformity during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the warranty against hidden Product defects in accordance with Aarticle 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of ten (10) days from the delivery of the Products or the discovery of latent defects in the above-mentioned deadlines and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions …).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days of the Vendor’s finding of the non-conformity or latent defect.
The reimbursement will be made by credit to the Customer’s bank account or by bank check addressed to the Customer.
The seller’s responsibility cannot be engaged in the following cases:
- Failure to comply with the legislation of the country in which the products are delivered, which it is up to the Customer to check;
- In case of misuse, use USAGE for professional purposes, negligence or lack of maintenance on the part of the Customer, OR as case of normal wear and tear of the Product, accident or force majeure. The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
The Products purchased on the website https://tnut.fr can benefit, in addition to the legal guarantees of conformity and hidden defects, from a paid contractual guarantee as indicated in the description of each Product concerned, according to the terms, conditions and prices appearing annexed to these General Conditions of Sale (Guarantee Contract).
The contractual guarantees cover the base and the cone for a period of one (1) year, excluding improper use, a membrane cut or torn due to improper use of the device.
If applicable, the acquired Product also benefits from a manufacturer’s commercial guarantee (refer to the conditions of the manufacturer’s guarantee, possibly provided in the packaging of said Product).
ARTICLE 12 – PROTECTION OF PERSONAL DATA
In application of the law 78-17 of January 6, 1978 modified by the law n ° 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices.
TNUT does not communicate this data to a potential partner. The data is used to allow the execution, processing, management and verification of payment for orders, as well as after-sales service monitoring.
The Customer has, in accordance to the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the terms defined on the website https://tnut.fr
ARTICLE 13 – INTELLECTUAL PROPERTY
The content of the website https://tnut.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 14 – IMPREVISION
These General Conditions of Sale expressly exclude the legal unforeseen regime provided in article 1195 of the Civil Code for all operations of Providing Services from the Provider to the Customer. The Provider and the Customer therefore waive each claim to avail themselves of the provisions of article 1195 of the Civil Code and of the unpredictable regime therein, committing to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the conclusion of the sale, even if their execution would prove to be excessively expensive and to bear all the economic and financial consequences.
ARTICLE 15 – FORCE MAJEURE
The Parties cannot be liable if the non-performance or the delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of the article 1218 of the Civil Code.
ARTICLE 17 – EXCEPTION OF NON-PERFORMANCE
It is recalled that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, capable of calling into question the continuation of the contract or of fundamentally upsetting its economic equilibrium.
If the impediment was final or persisted beyond 60 days, the present would be purely and simply resolved according to the terms defined in the article Resolution for failure of a party to its obligations.
ARTICLE 18 – RESOLUTION
18.1. Resolution for unforeseen
The resolution for the impossibility of the performance of an obligation which has become excessively onerous may not, notwithstanding the Resolution clause for failure of a party to its obligations appearing below, intervene only 30 days after sending the receipt of a formal notice declaring the intention to apply this clause notified by registered letter with request for acknowledgment of receipt or any extrajudicial act.
18.2. Resolution for non-performance of a sufficiently serious obligation
The defaulting Party may, notwithstanding the Resolution clause for failure of a party to fulfill its obligations set out below, in the event of a sufficiently serious breach of any of the obligations incumbent on the other Party, notify by registered mail with acknowledgment of receipt to the Defaulting Party, the faulty resolution hereof, 5 days after a formal notice to execute remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.
18.3. Resolution for force majeure
It is expressly agreed that the parties may automatically terminate this contract, subject to having expressed their intention by registered mail and to having explained the legitimate reasons why the contract no longer appears to them to be able to be executed.
In case of disagreement between the parties, the resolution is done at the risk and peril of the one who pursues it.
18.4. Resolution for failure of a party to fulfill its obligations
In the event of non-compliance by either party with the obligations referred to in the articles of this contract, it may be resolved at the option of the injured party. It is expressly understood that this resolution for failure of a party to its obligations will take place as of right, the formal notice resulting from the mere fact of the non-performance of the obligation, without summons, or execution of formalities.
18.5. Provisions common to cases of resolution
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this convention, will be validly put in formal notice by the only exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil code.
In any event, the injured Party may apply to the courts for the award of damages.
ARTICLE 19 – APPLICABLE LAW – LANGUAGE
These General Conditions of Sale and the operations arising therefrom are governed by French law. They are written in French.
In case they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 20 – DISPUTES
The parties agree before initiating legal proceedings to initiate a conciliation procedure allowing the outcome of an amicable settlement.
If no solution suited the parties within three (3) months of the first meeting, the Parties may, if they wish, continue their legal action.
All disputes to which purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, and their consequences and which would not have could be resolved amicably between the Seller and the Customer, will be subject to the competent courts under the conditions of ordinary law.
The Customer is informed that he can at all events have access to a conventional mediation, in particular with the Consumer Mediation Commission (C. consum. Art. L 612-1) or with existing sectoral mediation bodies , and whose references appear on the website https://tnut.fr or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the IT and freedom law of 1978, in order obtain compensation from the data controller or processor before a civil or administrative court or before the National Commission for Data Protection.
ARTICLE 21 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The fact for a natural (or legal) person to order on the website https://tnut.fr implies acceptance and full acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.
Precede the signatures with the mention:
” Read and approved. Good for agreement of this proposal. “
APPENDIX 1 – PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the product must:
- Be suitable for the normally expected use of a similar item and, if applicable:
- Correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling;
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial warranty granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any period of immobilization of ‘at least seven days is added to the remaining duration of the warranty. This period runs from the buyer’s intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes that use, that the buyer has not acquired it, or would have given a lesser price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX 2 – WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://tnut.fr except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To SAS TNuT, located at 5 Rue Bréguet, 75011 PARIS:
Order of ”Date”
Order number: …………………………………………………..
Client name: …………………………………………………………………
Customer address: ……………………………………………………………..
Signature of the Client (only in the event of notification of this form on paper):
APPENDIX 3 – GUARANTEE AGREEMENT