ARTICLE 1. CONTENT AND SCOPE OF APPLICATION

These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale" or "T&Cs") apply to any purchase made by a natural person with the status of consumer (hereinafter the "Customer"), on the Website www.https://domainedelataste.studiostudio.fr/en/ (hereinafter the "Site") published by SAS SANTO BIANCO, a simplified joint-stock company with a capital of 7,500.00 euros, whose registered office is located at Route de BRAVONE, 20230 LINGUIZZETTA, and registered with the Bastia Trade and Companies Register under number 442 863 577, represented by its legal representative in office, duly authorized for the purposes hereof (hereinafter "the Seller").

The Seller is specialized in the direct sale of Products from the production of DOMAINES DE LA TASTE (clementines, grapefruit, orange, lemon, avocado, etc.).

These General Terms and Conditions of Sale are intended to govern the sale and delivery of Products ordered by Customers from the Seller via the Site.

These General Terms and Conditions of Sale are accessible at any time on the Site.

The Client is clearly informed and acknowledges that the Site is intended for consumers and professionals, but that these General Terms and Conditions of Sale only govern the sale of Products on the Site to consumers.

If you are a professional, the contractual terms governing your transaction on the Site with the Seller are available upon request by contacting Customer Service via the contact form.

ARTICLE 2. DEFINITIONS

The terms used below have the following meanings in these General Terms and Conditions of Sale:

"Client" refers to the Seller's co-contractor, who guarantees that he or she is a consumer as defined by French law and case law.

As such, it is expressly provided that the Client is a natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity.

The Client certifies that he/she is of legal age and able to place an order for Products on the Site.

"Order": refers to the purchase of Products by a Customer on the Site.

"Account": refers to the space dedicated to the Client associated with all the data provided by the Client, hosted on the Website. Access to the Account is through the Client's Identifiers.

"Identifiers": refers to the email address (e-mail) or the identifier chosen during registration and the password chosen by the Client, necessary to access his/her Account on the Site.

"Delivery": refers to the first presentation of the Products ordered by the Client to the delivery address indicated at the time of the Order.

"Products": refers to all the Products marketed by the Seller on the Site.

"Site": refers to the Seller's Website accessible at the following address: www.https://domainedelataste.studiostudio.fr/en/

ARTICLE 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The Client undertakes to carefully read these General Terms and Conditions of Sale and expressly accept them before proceeding with the payment of an Order for Products placed on the Site.

The Seller advises the Client to read the General Terms and Conditions of Sale for each new Order, the latest version of the said T&Cs applying to any new Product Order.

By clicking on the "Add to cart" button to place the Order and then on the second "Validate Order" button to confirm the said Order, the Customer acknowledges that he has read, understood and accepted the General Terms and Conditions without limitation or condition.

Any Order placed on the Site necessarily implies the Customer's unreserved acceptance of these General Terms and Conditions of Sale, which take precedence over any other document.

The T&Cs are enforceable against the Customers and apply without restriction or reservation to all Product Orders placed on the Site, to the exclusion of all other conditions. 

Consequently, the placing of an order by a customer implies the latter's unreserved acceptance of these general terms and conditions of sale, unless special conditions are agreed to in writing by the Seller.

As the T&Cs may be subject to subsequent amendments by the Company, the applicable version is the one in force on the date of the order.

The Client certifies that he/she has read the T&Cs when registering on the Site and before definitively validating his/her order on the Site. 

ARTICLE 4. PRE-CONTRACTUAL INFORMATION

The Client acknowledges that the Seller has communicated the following information in a legible and understandable manner:

-          The essential characteristics of the Products ;

-          The price of the Products ;

-          Information on the origin and traceability of the Products ;

-          The date or period within which the Seller undertakes to deliver or make the Products available to the Customer ;

-          All information relating to the identity of the Seller and information relating to legal guarantees;

-          The terms of payment ;

-          The terms and conditions provided by the Seller for the processing of complaints.

ARTICLE 5. REGISTRATION AND DEREGISTRATION PROCEDURES

5.1. Registration procedure

Any Customer has the option of registering on their first visit to the Site in order to create an Account. The Client's registration on the Site is free of charge.

For the purposes of opening their Account, the Client must:

-          Choose a Login ;

-          Indicate their e-mail address ;

-          Choose a password.

Any incomplete registration will not be validated, which the Client acknowledges and accepts.

The information that the Customer provides to the Seller during registration must be complete, accurate, up-to-date, sincere and not misleading.

The Seller reserves the right to ask the Client to confirm, by any appropriate means, its identity and the information provided.

The Client is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity.

The information entered by the Client is binding upon validation.

The Client undertakes to update this information in its Account without delay in the event of changes, so that it always corresponds to the above-mentioned criteria.

A Customer's registration automatically results in the opening of an Account in their name from which they can track their Orders and update their personal information.

The Client may log in to their Account in order to change the password. It is recommended that the Customer change their password regularly.

The Seller undertakes to securely store all contractual elements whose retention is required by the law or regulations in force.

5.2. Credential Management

The Customer will be solely responsible for the use of his/her Credentials or for actions taken through his/her Account.

In the event that a Customer discloses or uses his/her Credentials in a manner contrary to their intended purpose, then the Seller may terminate access to the Account without notice or compensation.

Under no circumstances shall the Seller be held liable in the event of usurpation of the identity of a Customer. Any access and action carried out from a Client's Account will be presumed to be carried out by this Client, insofar as the Seller is not obliged and does not have the technical means to ensure the identity of the persons having access to the Account.

Any loss, misappropriation, or unauthorized use of a Customer's Identifiers and their consequences are the sole responsibility of the Customer, who is required to notify the Seller, without delay, by contacting Customer Service via the contact form.

5.3. Unsubscribe

The Customer may close their Account at any time by contacting Customer Service via the contact form.

The Seller will deactivate the Account as soon as possible and will send the Client an email confirming the closure.

In the case of Orders in progress, these must be paid for by the Client and delivered by the Seller.

ARTICLE 6. PRODUCE

The Seller undertakes to present the essential characteristics of the Products in a clear, legible and understandable manner.

These characteristics and information appear on the product sheets on the Site.

The Customer undertakes to read this information carefully before placing an Order on the Site.

All Products sold by the Seller on the Site comply with the European legislation in force and the standards applicable in France.

ARTICLE 7. COMMANDS

7.1. Order Procedure

Product Orders are placed directly on the Site. To place an Order, the Customer must follow the steps outlined below (depending on the Customer's start page, the steps may differ slightly).

7.1.1. Product Selection and Purchase Options

The Client must select the Product(s) of his/her choice by clicking on the Product(s) concerned and choosing the desired quantities. Once the Product has been selected, the Product is placed in the Customer's shopping cart. The latter can then add as many Products to his basket as he wishes.

7.1.2. Commands

Once the Products have been selected and placed in their shopping cart, the Customer must click on the shopping cart and verify that the content of their Order is correct (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price) before validating its contents.

Once the Customer has validated the contents of the basket and has identified/registered, an online form will be displayed to him/her, automatically completed and summarizing the price, applicable taxes and Delivery costs.

The Client may then proceed to pay for the Products according to the chosen means of payment, by following the instructions on the Site and provide all the information necessary for the invoicing and Delivery of the Products.

7.1.3. Acknowledgement of receipt

Once all the steps described above have been completed, a page appears on the Site to acknowledge receipt of the Customer's Order.

A copy of the acknowledgement of receipt of the Order ("Order Confirmation") is automatically sent to the Client by e-mail, provided that the e-mail address provided through the registration form is correct.

It is specified that the summary of the Order as well as the confirmation email may be kept and printed by the Client.

7.2. Invoicing

During the Order process, the Client will be required to enter the information necessary for invoicing (the sign (*) will indicate the required fields that must be filled in for the Client's Order to be processed by the Seller).

In particular, the Client must clearly indicate all the information relating to the Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.

The Client must also specify the payment method chosen.

Neither the purchase order that the Client draws up online, nor the acknowledgement of receipt of the Order that the Seller sends to the Client by e-mail constitute an invoice. Regardless of the Order or payment method used, the Client will receive the original invoice at the Delivery of the Products, inside the package.

7.3. Date of Order

The date of the Order is the date on which the Seller acknowledges receipt of the Order online.

The deadlines indicated on the Site only begin to run from this date.

7.4. Product Availability

All orders are subject to product availability.

The Seller grows products that may vary according to the year and season, whose updated offer can be consulted on the Site and which may be modified at any time and without notice.

The Seller undertakes to deliver the Product on the date or within the time indicated to the Client, unless the parties have agreed otherwise.

The Client is informed that the Seller may encounter difficulties during the harvesting or supply of the products.

The unavailability of a Product is indicated on the page of the relevant Product.

In any event, if the unavailability has not been indicated at the time of the Order, the Seller undertakes to inform the Client without delay if the Product is unavailable.

In the event that the Product ordered proves to be unavailable, the Client will obtain the cancellation of his order and the reimbursement of all sums paid for the unavailable Products within one month of the date on which the contract was terminated.

ARTICLE 8. TERMS OF SALE

8.1 Presentation

The Seller offers the Client different sales methods:

-          Sale of products on a one-time order;

-          Sale of products with subscription;

-          Sale of products associated with a tree to be sponsored. 

8.2 Sale of Products with Subscription

The Client may decide to take out a subscription.

The subscription allows you to generate a recurring order automatically on the basis of a periodic payment (weekly, monthly or other), as established in each case.

By accepting these general terms and conditions, the Client agrees that the subscription will be automatically renewed and that the corresponding amount will be automatically debited from the account designated by the user.

The subscription automatically renews at the end of each established subscription period.

The Customer has the option to cancel or suspend the subscription at any time.

Cancellation of the subscription will result in the permanent and irreversible suspension of the recurring orders associated with it. 

8.3  Selling products associated with a tree to be sponsored

The Client has the option of sponsoring a tree.

The sale of products associated with a tree to be sponsored consists of the Client being given a right to sponsor a tree and the reservation of a certain amount of harvest of the sponsored tree that the Client will receive in the future.

The Customer receives the entire reserved harvest in one or more deferred shipments.

The Client has the option to cancel this option or renewals of this option at any time up to the day before the day on which the Seller starts preparing its first order.

This method of sale is automatically renewed, unless the Client decides to cancel it.

If an error occurs with the payment method, the Client must correct the payment method. Once the renewal deadline arrives, if the payment is still pending, the Client loses the right to sponsor a tree and will not be able to recover it.

ARTICLE 9. PRICES AND PAYMENT TERMS

9.1 Pricing

For all Products, the Customer will find on the Site prices displayed in euros All Taxes Included (TTC).

The prices include in particular Value Added Tax (VAT) at the rate in force on the date of the Order. Any change in the applicable rate may impact the price of the Products from the date of entry into force of the new rate.

Preparation costs and delivery costs (depending on the Delivery address and the carrier or mode of transport chosen) are invoiced in addition, of which the Client is informed before the validation of his Order.

The Products ordered are invoiced at the price charged at the time the Order is validated.

The Client is informed that prices may change at any time.

However, these possible changes do not affect orders for which an Order Confirmation has already been sent.

9.2 Terms of Payment

The Client may pay for its Products online on the Website by the means proposed by the Seller, i.e. by:

-          Bank card ;

-          PayPal;

-          Apple Pay;

-          Wire transfer;

-          Direct debit.

During the payment process, the Customer will be able to link the chosen payment method to their account and facilitate future payments.

A Customer's Order will only be considered final from the moment the payment center has given its consent.

In the case of payment by bank transfer, the Order can only be shipped upon receipt of the funds in the Seller's bank account.

The Client guarantees to the Seller that it has all the required authorisations to use the chosen payment method.

The Seller will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the Site.

In this respect, it is specified that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.

In the case of a one-time payment by credit card, the Customer's account will be debited as soon as the Product Order is placed on the Site.

If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller's Customer Service in order to pay for the Order by any other valid means of payment accepted by the Seller.

In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the Client proves impossible, the Order will be cancelled and the sale automatically terminated.

ARTICLE 10. DELIVERY

10.1 Delivery times

In the case of food products, the Seller informs the Customer that natural factors may modify the delivery or shipping dates.

The delivery date cannot be considered as a contractual commitment.

Delivery times may vary for reasons beyond Seller's control (weather or other conditions causing carrier delay, etc.).

Late delivery will not be subject to a penalty under any circumstances and will not generate any contractual or extra-contractual civil liability.

The Seller reserves the right to cancel orders issued by the Client, if there are reasons and conditions objectively preventing their preparation and shipment within a reasonable time.

This impossibility of delivery and the cancellation of the order will be notified by e-mail to the Customer.

An electronic message will be automatically sent to the Customer at the time of shipment of the Products, provided that the email address in the registration form is correct.

Delivery times are detailed on the Site.

10.2 Shipping Costs

When placing the Order, the Seller informs the Client of the possible shipping times and formulas for the Products purchased.

Shipping costs are calculated according to the delivery method, the weight of the package and the delivery address.

The amount of such costs shall be payable by the Customer in addition to the price of the Products purchased.

Delivery costs are detailed on the Site.

10.3 Reservations

Upon delivery, the Customer receiving the order must not sign the proof of delivery without first checking that the packages, pallets or packaging are closed and unopened, and that no package in the order is missing.

In the event that parcels or pallets are missing, or if some are opened, the Client must communicate his or her disagreement to the delivery person and keep a copy of the proof acknowledging the situation.

The Client must also immediately communicate to the Seller through the contact methods on the Site and by providing a copy of the proof of disagreement as well as a photograph of the order.

Pending written notification from Seller as to how to proceed, such merchandise shall not be opened or consumed.

If the Client accepts the goods without notifying their disagreement with the proof of delivery, the Seller will not be able to accept the Client's complaint.

The Customer who notices that one or more Products are damaged or missing must file a complaint with Customer Service through the contact methods on the Site, within 48 (forty-eight) hours from the date of delivery, explaining in detail the source of the dispute, accompanied by the reference of the related Order and photographs of the products concerned.

Any return of Products, with the exception of the exercise of the right of withdrawal, requires the prior agreement of the Seller upon presentation of supporting documents by the Customer.

Based on the analysis of the supporting documents provided by the Client, the Seller is entitled to accept or refuse the return of Products, and to decide on a partial or total refund of the Order.

10.4 Inability to deliver

If the order cannot be delivered, the order will be returned to a warehouse of the transport company.

If the Customer is not at the place of delivery at the agreed time, it is the responsibility of the Customer to contact the transport company in order to agree on another delivery day.

If the order has not been delivered, for reasons that cannot be attributed to the Seller, after a period of 15 days since its delivery, this situation will not generate any contractual or extra-contractual civil liability of the Seller.

10.5. Transfer of risk and product ownership

The Client assumes the risks relating to the products from the time of delivery.

Ownership of the products will only pass to the Client upon receipt of full payment of the sums due, including delivery charges, or at the time of delivery if this occurs at a later date.

The Seller remains the owner of the Products delivered until they have been fully paid for by the Customer.

The above provisions shall not prevent the transfer to the Customer, at the time when the latter or a third party designated by the Customer takes physical possession of this Product, of the risks of loss or damage to the Products subject to the retention of title, as well as the risks of damage that they may cause.

In the event of delivery to a carrier other than the one offered by the Seller, the risk of loss or damage to the Product is transferred to the Client when the Product is handed over to the carrier.

ARTICLE 11. RIGHT OF WITHDRAWAL

Pursuant to Article L.221-28 of the French Consumer Code, the right of withdrawal applicable to distance selling cannot be exercised in the case of the supply of goods which, due to their nature, are likely to deteriorate or expire quickly. As the products sold by the Seller are foodstuffs, they are neither returned nor exchanged, unless an error is attributable to the Seller.

ARTICLE 12. GUARANTEES

The Seller warrants respectively that the Products are in conformity with the intended use, and do not present defects or hidden defects making them dangerous or unfit for their normal use.

Thus, all products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against latent defects (as defined in articles 1641 et seq. of the Civil Code), allowing the Customer to return defective or non-compliant products delivered free of charge.

12.1 Legal guarantee of conformity

Article L.217-4 of the Consumer Code provides that "the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or 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 provides that: "The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, where applicable: - If it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; - whether it has the qualities that a buyer can legitimately expect in the light of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L217-12 of the Consumer Code provides that "the action resulting from the lack of conformity is time-barred after two years from the delivery of the good".

12.2 Warranty against latent defects

Article 1641 of the Civil Code provides that "the seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known of them".

Article 1648 of the Civil Code provides that "the action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged from the apparent defects or lack of conformity".

12.3 Disclaimer of Warranties

Products modified by the Customer are excluded from the warranty. The warranty will not apply for apparent defects. The warranty will not cover products damaged in transit or due to misuse.

12.4 Procedures for the implementation of legal guarantees

When acting under the legal guarantee of conformity, the Client can choose between the repair or replacement of the goods.

The Client may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

ARTICLE 13. RESPONSIBILITY

13.1 General

The Seller may not be held liable under any circumstances in the event of non-performance or poor performance of the contractual obligations attributable to the Client, in particular when entering his Order.

The Seller may not be held liable, or considered to have failed to comply with these Terms and Conditions, for any delay or non-performance of any of its obligations described in these T&Cs, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.

It is also specified that the Seller does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes any liability for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

13.2 Force majeure

The Seller's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these T&Cs results from a case of force majeure.

Force majeure exists in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract.

If the impediment is definitive, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In the event of the occurrence of any of the above-mentioned events, the Seller will endeavour to inform the Client as soon as possible.

ARTICLE 14. PERSONAL DATA

The Seller collects personal data concerning its Customers on the Site in the context of the management of requests for information, the management and monitoring of Accounts and contracts, the management of Orders and Deliveries of Products, the management of payment, the proper functioning and permanent improvement of the Site, the management of requests for rights arising from the GDPR and, if the Customer has expressly chosen this option, send the Customer newsletters and commercial offers, unless the Customer no longer wishes to receive such communications from the Seller.

ARTICLE 15. COMPLAINTS – CUSTOMER SERVICES

Any written complaint by the Client must be sent by post to the following address:

The Domaines de la Taste

Pianiccia 20270 Tallone

The Customer may also contact Customer Service through the contact form available on the Seller's Site.

ARTICLE 16. PROOF AND ARCHIVING

Any contract entered into with the Client corresponding to an Order for an amount greater than 120 euros including VAT will be archived by the Seller for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.

The Seller agrees to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the Client.

In the event of a dispute, the Seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

ARTICLE 17. INTELLECTUAL PROPERTY

The entire content of the Site is protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the Seller. All exploitation rights are reserved to it.

The content of the Site (texts, photographs, illustrations, logos, trademarks, etc.) is protected by the applicable legislation on intellectual property.

Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the Seller's authorization in writing.

This authorization of the Seller will not be granted under any circumstances definitively. This link must be removed at the request of the Seller.

Any representation or reproduction, in whole or in part, of the Site and its content, by any means whatsoever, without the prior express authorization of the Seller, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.

Acceptance of these T&Cs constitutes recognition by the Client of the Seller's intellectual property rights and a commitment to respect them.

ARTICLE 18. JURISDICTION AND APPLICABLE LAW

These general terms and conditions as well as the relationship between the customer and the seller are governed by French law.

In the event of a dispute relating to the conclusion, interpretation, execution or termination of this contract shall be submitted to the exclusively competent judicial court of Bastia, including in summary proceedings or by request, notwithstanding multiple defendants, incidental claim, third party appeal, emergency procedure, summary proceedings or petition.

However, prior to any appeal, the Client is invited to contact the Seller's complaints department. If no agreement is reached or if the Client justifies having previously tried to resolve his dispute directly with the Seller by means of a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute relating to these T&Cs arises, including its validity.

Any consumer also has the possibility of using the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

The party wishing to implement the mediation process must inform the other party in advance by registered letter with acknowledgement of receipt, indicating the elements of the dispute.

As mediation is not mandatory, the Client or the Seller may withdraw from the process at any time. In the event that mediation fails or is not envisaged, the dispute that may have given rise to mediation will be entrusted to the competent court designated above.

ARTICLE 19. LEGAL

Publisher: the Website www.https://domainedelataste.studiostudio.fr/en/ is published by SAS SANTO BIANCO, a simplified joint-stock company with a capital of 7,500.00 euros, registered with the Bastia Trade and Companies Register under number 442 863 577, Intracom VAT. :  FR76442863577, with its registered office located at Route de BRAVONE, 20230 LINGUIZZETTA (Tel: 04 95 56 37 69). 

Director of publication: Anthony DE LA TASTE

Email address: anthony.delataste@gmail.com