General conditions of sale

The site www.olea-salbo.com is published by: PHAMED SAS with a capital of 170,000.00 euros, whose head office is located at 55 Avenue de Normandie 67100 STRASBOURG, SIRET 83267504500021.

Ms. Laurence STOERKEL is the President of the company PHAMED and the Director of Publication of the Site www.olea-salbo.com  Contact email: contact@phamed.fr Contact telephone number: +33 3 88 67 81 91

The website www.olea-salbo.com is hosted by AWS, on datacenters in Europe Amazon Web Services

EMEA Sarl
38 Avenue John F. Kennedy

L-1855 LUXEMBOURG

1/ PREAMBLE

The Website www.olea-salbo.com is the online sales site for quality olive oil products and products made from olive wood, from the company PHAMED SAS.

These General Terms and Conditions of Sale (hereinafter the "GTC") govern any use of the services accessible from the Website www.olea-salbo.com.

Any User guarantees to PHAMED the truthfulness and accuracy of the information provided during the Order process.

Any User acknowledges that they are legally capable and are a non-commercial adult natural person acting for their personal needs.

The User declares and acknowledges having read and accepted without reservation all of these General Terms and Conditions. If the User fails to check the box provided for this purpose before the final validation of their Order, they will not be able to place an Order on the Site.

PHAMED reserves the right to modify these General Terms and Conditions at any time, partially or totally.

Any User is deemed to accept the current version of the General Terms and Conditions each time they connect to the Site.

For the User who has placed an Order on the Site, only the version of the General Terms and Conditions in force at the time of confirmation of payment may be binding on them.

When placing each Order, the user accepts the General Terms and Conditions by clicking on the associated checkbox.

PHAMED cannot guarantee that the services offered on its Site will not be interrupted. The obligation to provide the Site is limited to an obligation of means.

PHAMED cannot be held liable for damages related to the temporary inability to access the services offered on its Site.

2/ DEFINITIONS

"Site": refers to the site www.olea-salbo.com published by the company PHAMED.

"User" or "You": refers to any natural person who uses the Site and/or who places an Order on the Site.

"Order": refers to any purchase validated by the company PHAMED made on the Site by a User.

3/ PLACING ORDERS

The contractual information and details of the Order are presented in French and are summarized before the final and definitive validation of the Order.

PHAMED reserves the right to refuse any Order from a User with whom there is a dispute relating to a previous Order.

PHAMED also reserves the right to refuse any Order presenting an abnormal quantity of the same product.

Orders are only possible in euros (€) and deliveries are only provided within mainland France, Germany and Switzerland. To place an Order, the User must follow the following online purchasing process:

• Creation of a "shopping cart" page as soon as the User has selected one or more products, it being specified that the prices are then displayed including all taxes, VAT included, but excluding delivery costs;
• At the bottom of the "order summary" page, the total price to be paid to PHAMED is then indicated to the User, this total price corresponding to the sum of the total prices of the cart. It is during this step that the User must read these General Terms and Conditions by checking a box provided for this purpose.
• After validating the selection of the product(s) displayed on the "shopping cart" page, creation of a new page in which the billing and delivery addresses must be indicated;
• After validation of the previous step, creation of a new "payment" page in which the User must indicate their bank details before being able to proceed with the payment online or by bank transfer to the bank account of the company PHAMED. In the event of acceptance of the payment, the User receives as soon as possible a confirmation email containing the General Terms and Conditions as well as all the contractual information of their Order. The contract between the User and the company PHAMED is then validly concluded.

4/ AVAILABILITY OF PRODUCTS

Product offers are valid as long as they are visible on the Site and within the limit of available stocks.

In the exceptional case where the ordered product is unavailable after validation of an Order, the User will be informed as soon as possible by email or telephone. PHAMED will then offer the User the choice of:

• exchanging the ordered product with another similar product. In the event of a price difference, the User will be immediately reimbursed for the difference or will have to pay a surplus equivalent to the price difference;
• cancelling his Order. PHAMED then undertakes to reimburse the User within a maximum period of thirty (30) days from the day on which his bank account was debited.

In the case of an Order consisting of several products, the User may not request the cancellation of the entire Order, on the grounds that one of the products ordered is unavailable.

The exchange or cancellation of an unavailable product therefore does not affect the entire contract concluded between the User and the company PHAMED, which continues to produce its effects with regard to the available products.

5/ DELIVERY

The products ordered on the Site are prepared and shipped by the company PHAMED and transported by the company COLISSIMO within 24 hours to 3 working days. Your order will be prepared and shipped within 24 hours to 3 working days. After your package has been taken over by the carrier, delivery will be made within an average of 2 to 5 working days (excluding weekends and public holidays). These delivery times may vary depending on the delivery areas.

Delivery times are given as an indication and have no contractual value.

Consult the delivery cost estimates

Delivery costs are free for all orders over €70.00 including tax in mainland France (excluding Corsica).
In mainland France (excluding Corsica), the customer has the choice of having their package delivered to their home using the COLISSIMO delivery solution.

Deliveries are made to the delivery address indicated by the User during the Order process in mainland France, and in the following European countries: Germany, Belgium, Luxembourg, the Netherlands, Spain, Italy, Portugal, Sweden, Denmark, Slovenia, Finland, Switzerland, excluding islands and peninsulas. *In European countries, delivery costs are free from €100 including tax, except for Switzerland.

In the event of a material error in the delivery address indicated by the User during the Order process, PHAMED cannot be held liable in the event of impossibility of delivery or delay in delivery.

In the event that it is informed by the carrier that a delivery is impossible, due to an error in the address indicated during the ordering process, the company PHAMED will endeavour to contact the User, so that he can indicate a new delivery address as soon as possible.

Any additional delivery costs will then, where applicable, be charged to the User, who must pay them immediately.

In the event of delivery by a carrier requiring an appointment with the User, the company PHAMED cannot be held responsible for a delay or impossibility of delivery due to the repeated unavailability of the User.

Any delay in delivery cannot give rise to the cancellation of the Order or to any compensation.

However, if the delivery time is exceeded by seven (7) days, the User may terminate the online sales contract by sending PHAMED a registered letter with acknowledgement of receipt within 60 working days from the date of delivery of the product indicated in the Order confirmation email. In accordance with the provisions of Article L. 114-1 of the Consumer Code, the contract will then be considered terminated upon receipt of the registered letter, unless delivery occurred between the sending and receipt of this registered letter.

In the event of cancellation of the contract due to a delivery delay of more than seven (7) days, the User will be reimbursed by PHAMED within thirty (30) days from the cancellation of the online sales contract.

In the event of a delivery error unrelated to the User and not due to force majeure, the costs of returning and reshipping the Order will be borne by PHAMED

The case where a package is indicated as delivered by the transport provider, while the customer indicates that he has not received his package, cannot give rise to the cancellation of the Order or to any compensation from PHAMED. However, a claim will be opened with the transport provider to obtain a delivery certificate. In the event that this proof is not provided by the transport provider, PHAMED will reimburse the order within a maximum of thirty (30) days.

6/ PRICES AND PROMOTIONS

The prices of products displayed on the Site are indicated in euros and are understood to include all taxes, excluding delivery charges.

PHAMED may modify the prices of the products it offers on its Site at any time.

Products are always invoiced on the basis of the prices indicated by PHAMED at the time of Order confirmation.

Payment is made on the www.olea-salbo.com website by credit card (Visa, Carte Bleue, Mastercard) or by bank transfer to the bank details of PHAMED.

When paying by credit card, the User is sent to the MONETICO bank website via a secure https protocol.

PHAMED guarantees the reliability of transactions, as the User's bank details are encrypted as soon as they are entered.

PHAMED does not at any time hold Users' bank details, which are solely and temporarily held by MONETICO.

The sale is considered to have been concluded once payment has been accepted by MONETICO and the User has received a confirmation email from PHAMED.

Should the User's credit card be used by a third party or a minor, the Order validated by PHAMED cannot be cancelled.

Conditions for PHAMED promotional codes:

For the offer to apply, the promotional code must be entered on the “Cart details” page at checkout. To apply the promotional code, enter it in the field “If you have a promotional code, enter it below” and click on “Ok”.

Promotional codes do not apply to delivery charges.

Each code has a limited lifetime and number of units available. This will be specified at the time of the promotion.

Promotional codes cannot be applied to orders previously placed. Certain items may be excluded from promotional codes. This will be specified at the time of the promotion.

 7/ TRANSFER OF OWNERSHIP AND RISKS

Unlike the transfer of ownership of products ordered on the Site, which is effected upon receipt by the User of the confirmation email from PHAMED, the transfer of risks is deferred to the actual receipt of the products by the User.

 8/ CLAIMS AND DISPUTES

Complaints or disputes will always be received with attentive benevolence, good faith always being presumed on the part of the person who takes the trouble to explain the dispute.

On receipt, if the parcel is damaged, it is the customer's responsibility to make any reservations to the deliveryman. In this case, it is preferable to refuse the parcel. Upon receipt, the customer must check the condition of the products and the conformity of the delivery with the order. Any damage sustained during transport (damaged carton, broken bottle, poorly sealed cap) or anomalies must be the subject of precise, dated and signed reservations on the delivery slip.

All claims must be made within 72 hours of receipt, to PHAMED's Customer Service Department, by registered letter with acknowledgement of receipt:
PHAMED 55 Avenue de Normandie 67100 STRASBOURG

You can also contact us by e-mail contact@phamed.fr  or via the form in the “Contact” section.
After this deadline, no complaint will be taken into account.

This claim must be substantiated and accompanied by proof of the damage suffered (waybill, photo of the package received, of the damaged product(s), etc.), specifying the batch number and the minimum durability date indicated on the damaged or non-conforming product.
In the event of a dispute, the customer should first contact the company for an amicable solution. Failing this, disputes will be referred to the competent courts.

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 9/ RIGHT OF WITHDRAWAL

9.1 Time limit for exercising the right of withdrawal

In accordance with the legal provisions in force, and in particular articles L.121-20 et seq. of the French Consumer Code, the User who has placed an Order on the Site has a withdrawal period of fourteen (14) clear days from actual receipt of the product(s) to exercise his/her right of withdrawal from PHAMED, without having to justify his/her reasons or pay any penalties.

To inform PHAMED of its wish to exercise its right of withdrawal, the User must, within the legal time limit of fourteen (14) days, contact PHAMED by e-mail.

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9.2 How to exercise the right of withdrawal

Due to the particularly fragile nature of most of the products offered for sale by PHAMED, products must be returned in their original packaging and complete (order form, accessories, etc.), in order for the right of withdrawal to be exercised. If products are delivered with labels, these must not have been removed.

Products that have been partially or totally consumed, damaged, opened or soiled that they are no longer saleable will not be taken back. In this case, they will be returned at the expense of the User, who must pay the cost of returning them.

In the event of exercising the right of withdrawal, returns must be sent to PHAMED 55 rue de Normandie 67100 STRASBOURG.

Return shipping costs will be at the customer's expense and the initial shipping costs will be deducted from the reimbursement made to the customer by PHAMED.

9.3 Refund procedure

In the event of exercising the right of withdrawal, PHAMED will reimburse the price of the product(s) purchased, including VAT. However, return and shipping costs will be borne by the User.

The product(s) will be reimbursed no later than 30 days following the date on which the User exercised his/her right of withdrawal.

In the case of partial or total payment by gift voucher at the time of the Order, PHAMED will reimburse the User who exercises his right of withdrawal exclusively in the form of a gift voucher, for an amount identical to that paid in this form.

9.4 Exclusion of the right of withdrawal

The right of withdrawal does not apply to fresh products or products likely to deteriorate rapidly. Depending on the products ordered on the Site, the User will be informed of the exclusion of his right of withdrawal on the product sheet in the “legal information” section.

10/ CUSTOMER SERVICE

For any information or questions, PHAMED has set up a customer service department which can be contacted on: + 33 3 88 67 81 91 or by e-mail at the following address: contact@phamed.fr 

11/ INTELLECTUAL PROPERTY

ll elements of the Site (texts, comments, trademarks, company names, domain names, drawings, images, graphic guidelines, logos, photos, databases, etc.) are strictly protected by intellectual property law and are the exclusive property of PHAMED.

The fact that a User is able to use the Site does not imply any transfer or authorization to exploit or use any of the elements making up the Site.

Any total or partial reproduction or representation of the Site and/or of one or more of its elements is strictly forbidden, except with the prior written authorization of PHAMED.

Any User publishing a website may set up a hypertext link to one of the Site's pages, provided that the content of the User's site complies with the brand image and spirit of PHAMED. In any event, upon simple written request from PHAMED, any User must remove the hypertext link to one of the Site's pages.

12/ PERSONAL DATA

The Site is registered with the Commission Nationale Informatique et Libertés under number 1672231 v 0.

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, all Users have the right to access, rectify and object to any personal data concerning them transmitted to the Site.

Any such request should be addressed to the person responsible for processing the Site at the following address: PHAMED, 55 Avenue de Normandie 67100 STRASBOURG or by sending an email to: contact@phamed.fr . All requests must be accompanied by a photocopy of the User's identity document (identity card, passport, driver's license).

PHAMED's data processing manager has a maximum of two months following receipt of the request to reply.

Users' personal data is collected fairly and lawfully for security purposes, in order to comply with legal and regulatory obligations and in particular to combat fraud, to improve the processing and tracking of Orders, and to enable Users to receive offers from PHAMED.

13/ COOKIES

PHAMED reserves the right, in order to facilitate Users' browsing on the Site, to place cookies or similar files on their connection terminals.

The purpose of cookies is to identify Users more quickly when they connect and to facilitate electronic communication.

PHAMED cannot guarantee that the Site will function optimally if the User refuses to receive cookies.

Any User may refuse to receive cookies from PHAMED by configuring his/her Internet browser.

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14/ PROOF AGREEMENT

Writing in electronic form shall be admissible as proof of the rights and/or obligations of the parties to these GTC.

15/ FORCE MAJEURE

PHAMED shall not be held liable for the non-performance of its obligations under these GTC caused by an event of a force majeure nature (irresistible, unforeseeable and external).

16/ PARTIAL NULLITY

If one or more clauses of these GTS are held to be invalid in application of a law, regulation or court decision, the other clauses will retain their full force and scope.

17/ APPLICABLE LAW AND JURISDICTION

These GCS are governed by French law.

In the event of a dispute, the French courts shall have exclusive jurisdiction.