General conditions of sale

1/ GENERAL CONDITIONS OF SALE

These General Terms and Conditions of Sale of the company PIMENT ET CACAO define the rights and obligations of PIMENT ET CACAO and the Customer in the context of the sale of products by PIMENT ET CACAO. The Customer acknowledges having read them before placing an order and declares to accept without reservation all the provisions provided.
undertakes for its part to respect its role as reseller.
PIMENT ET CACAO reserves the right to modify these General Terms and Conditions of Sale. Any new version of these General Terms and Conditions of Sale will be announced in advance on the website.

2/ INTELLECTUAL PROPERTY

All texts, comments, works, illustrations, works and images reproduced or represented on the site www.bluehamac.com are strictly reserved under copyright and intellectual property law.
Only use for private purposes is authorized, subject to different or even more restrictive provisions of the intellectual property code.
Any reproduction or representation, in whole or in part, of the site www.bluehamac-caraibes.shop or of all or part of the elements found on the BLUE HAMAC site is strictly prohibited and may constitute an offense of counterfeiting.
The company names, brands and distinctive signs reproduced on the BLUE HAMAC website are protected under trademark law.
The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark holder.

3/ THE PRODUCTS

PIMENT ET CACAO presents on its website the products for sale as well as their detailed descriptions allowing compliance with article L 111-1 et seq. of the Consumer Code, with regard to mandatory pre-contractual information.
PIMENT ET CACAO cannot guarantee the color rendering of products on the various existing computer media and therefore does not fall within the contractual scope.
If products ordered by the Customer are out of stock, PIMENT ET CACAO will inform the Customer as soon as possible either by email or by telephone and will reimburse the Customer.

4/ PRICES

Prices are indicated on the product sheets in Euros excluding taxes (HT) and excluding all other costs including those of the Country's VAT, logistical preparation and delivery, which will appear on the screen in the basket and on the order.
PIMENT ET CACAO retains full ownership of the products sold until full payment of all sums owed by the Customer in connection with their order, including fees and taxes.

5/ THE ORDER

The customer validates his order when he activates the “payment” link, he then implicitly accepts the order process and these conditions of sale.
The customer will receive an order confirmation by email, which will also include all the information that must be communicated to the Customer under the provisions of Law No. 2014-434 of March 17, 2014; and will be notified by email of the processing of their order, which will be delivered on the date and/or within the specified timeframe.
PIMENT ET CACAO cannot be held responsible for any data entry errors made by the Customer and the resulting consequences, such as a delay and/or delivery error. In this case, PIMENT ET CACAO will cancel the order and refund the Customer the price of the product ordered, with the logistics processing and delivery costs remaining the responsibility of the Customer.
In accordance with the law of March 13, 2000 on the validity of electronic signatures and the provisions of the law of March 17, 2014: the communication by the Customer of his identity and postal and bank details and the "double click" procedure constitutes acknowledgment and acceptance of these general conditions and the validation of the order "order and pay". By clicking on the "Order and pay" tab during the order process, the Customer declares to accept without reservation all of these General Conditions of Sale and in particular acknowledges his payment obligation.
PIMENT ET CACAO reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

6/ PAYMENT

PIMENT ET CACAO reminds the Customer:

  • that all payments by bank card are made through a secure system and that no bank card number is kept in its files,
  • PIMENT ET CACAO cannot be held responsible for any misappropriation or fraudulent use of any means of payment that has not been detected by the verification procedure.
  • PIMENT ET CACAO may suspend any order management or delivery in the event of refusal of payment authorization by financial institutions.
  • The Customer's bank card is debited as soon as the order is shipped by PIMENT ET CACAO.

7/ DELIVERY

The Customer is offered different delivery options depending on the destination country, the weight and/or the volume of the products, it being specified that the delivery of any order over 5 kg must be made against signature.
The products are delivered within the time mentioned on the product sheet.
Home deliveries: delivery is made to the address indicated by the Customer on the order form; the Customer is required to ensure that they have provided all the information necessary for the delivery of their order. PIMENT ET CACAO cannot be held responsible if a delivery cannot be made in the event of incomplete and/or incorrect information provided by the Customer.
PIMENT ET CACAO cannot be held responsible for late delivery due to customer unavailability or delivery delays caused by force majeure or events making delivery difficult or impossible, even if specific delivery dates have been set.
In the event of a delay in delivery, the Customer may avail himself of the provisions of Article L216-2 of the Consumer Code if he wishes to cancel his order.
Upon shipment, the Customer will receive an email.
In the event that the Customer receives his order after cancellation, he can return it, complete and in its original condition and will be reimbursed, including the costs of the initial delivery and those of return, upon receipt of the package by PIMENT ET CACAO.
An order will be considered settled when the Customer has paid in full for the products and their contribution to the shipping costs and all the products have been delivered.

8/ RESERVES

Before signing the delivery slip, the Customer must unpack and check the package in the presence of the delivery person, with or without a signature. NO RESERVE = NO RECOURSE
Please note that the mention “subject to unpacking” is not a valid reservation.
Any anomaly noted during a delivery (damage, product missing from the order and/or delivery note, damaged package, broken products, etc.) must be reported by the Customer to PIMENT ET CACAO, within 7 (seven) working days following the delivery date and in writing, by email or by post, the date of the post being authentic.

9/ SATISFIED OR YOUR MONEY BACK

In accordance with article L 221-18 of the Consumer Code, the Customer has a right of withdrawal for a period of fourteen (14) days starting from the date of receipt by the latter of the product(s) ordered.
Return shipping costs are the responsibility of the customer. The customer will be reimbursed by check or bank transfer within eight days of receiving the package. However, products returned incomplete, damaged, or soiled will not be refunded.
In the event of a dispute, it is up to the Customer to prove that he has exercised his right of withdrawal within the legal time limits.

10/ PRODUCT RETURN

In the event of receipt of a defective product or withdrawal, the Customer must contact PIMENT ET CACAO to determine the terms of exchange or refund.
Only returns of products, without any trace of use, in their original packaging itself protected, with parts, accessories and various instructions, will be handled by PIMENT ET CACAO.
Upon receipt, PIMENT ET CACAO will refund the product – including the initial delivery costs – or exchange it according to the Customer's wishes.

11/ THE INVOICE

The Customer's invoice will be available in PDF format in their "my account" area.

12/ AFTER-SALES SERVICE

The Customer benefits from the legal guarantee of eviction and hidden defects (Art. 1625 et seq. of the Civil Code).
Provided that the buyer proves the hidden defect, except for minor defects, the seller must legally repair all the consequences (Art. 1641 et seq. of the Civil Code)

13/ CONFIDENTIALITY OF CUSTOMER DATA

The personal data provided by the customer will not be shared with third parties. Unless the customer expressly objects, they will be included in the PIMENT ET CACAO customer database. In accordance with Law 78-17 of January 6, 1978, the Customer has the right to access and rectify their personal data at any time. To exercise this right, simply contact PIMENT ET CACAO.

14/ DISPUTES / CUSTOMER RELATIONS

Complaints or disputes will always be received with kindness and good faith is always presumed in anyone who takes the trouble to explain their situation.
PIMENT ET CACAO will always seek an amicable solution with its Client.
PIMENT ET CACAO cannot be held responsible for damages of any kind, whether material, immaterial or physical, which could result from the use of the articles and products sold.
The liability of PIMENT ET CACAO will be limited to the amount of the order.
In the event of a dispute, the applicable law is French law. Contractual information is presented in French, and the products offered for sale comply with French regulations. In the event of a dispute, the French courts shall have sole jurisdiction.

For any complaints or information,
The Customer can contact PIMENT ET CACAO:
RN4 LES GALBAS - 97180 SAINTE-ANNE - GUADELOUPE
TEL 0590234653
info@bluehamac.com