Welcome to the General Conditions of Sale section of our website, the Treuscoat Estate. Please read them carefully before ordering.
By using this Internet website and/or placing an order, you accept to be tied to these General Conditions of Sale.
The SARL Domaine de Treuscoat, whose headquarters is located at Treuscoat, 29410 Pleyber Christ, with a share capital of 20,000.00€, is registered with the Brest Regional Court under number 81916778400019.
Website: www.domaine-treuscoat.fr
TERMS AND CONDITIONS OF SALE AND USE
OVERVIEW
This website is operated by the Treuscoat Estate. On this website, the terms "we" and "our" refer to the Treuscoat Estate. The Treuscoat Estate offers this website, including all the information, all the tools and all the services available on it for you, the user, subject to your acceptance of all the terms, conditions, policies and notices given here.
By visiting this website and/or purchasing one of our products, you participate in our "Service" and accept to be tied to it by the following terms and conditions ("General Conditions of Sale", "General Conditions of Sale and Use"), including by the additional terms, conditions and policies mentioned here and/or accessible by hyperlink. These General Conditions of Sale and Use apply to all website users, clients, merchants and/or content suppliers. Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing and/or using any part whatsoever of this website, you accept to be tied by these General Conditions of Sale and Use. If you do not accept all the terms and all the conditions in this agreement, you should not access the website or use any of the services offered there. If these General Conditions of Sale and Use are considered as an offer, their acceptance is expressly limited.
Any new features and any new tools which are later added to this shop will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to consult this page frequently to check whether modifications have been made to it. Your continued use of the website or your access to it following publication of any modification constitutes your acceptance of these modifications. Our shop is hosted by MyBeezBox.com. This company supplies the online e-commerce platform which allows us to sell our products and services to you.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE SHOP
By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your county, state or province of residence and that you have not given your consent to allow anyone under age for whom you have responsibility to use this website.
The use of our products for any illegal or unauthorised purpose is prohibited and you also must not, within the context of using this service, violate the laws of your jurisdiction (including but not limited to laws relating to copyright). Any offence or violation of these General Conditions of Sale and Use shall lead to the immediate termination of your services.
ARTICLE 2 - GENERAL CONDITIONS
You accept not to reproduce, duplicate, copy, sell, re-sell or use any part of the service or use of the service or any access whatsoever to the service or contact on the website through which the service is supplied without our prior express written authorisation.
The titles used in this agreement are included for your convenience and shall not limit or affect these conditions.
ARTICLE 3 - ACCURACY, EXHAUSTIVITY AND RELEVANCE OF THE INFORMATION
We are not liable should the information available on this website be found to be incorrect, incomplete or not up-to-date. The content of this website is supplied for information only and should not form your only source of information when making decisions, without consulting beforehand more exact, complete and up-to-date information sources. If you decide to trust the content presented on this website, you do this knowingly.
This website may contain some older information. This older information, by its nature, is not up-to-date and is supplied for information only. We reserve the right to modify this website's content at any time, but we are under no obligation to update the information on our website.
ARTICLE 4 - MODIFICATIONS MADE TO THE SERVICE AND PRICES
The prices of our products can be modified without prior notice. We reserve the right to modify or stop the service at any time (as well as any part or all the service's content) without prior notice and at any time.
We will not be liable to you or any third party for any change to the price, or the suspension or interruption of the service.
ARTICLE 5 - PRODUCTS OR SERVICES (where appropriate)
Some products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may be only subject to return or exchange in accordance with our Returns Policy.
We have done our best to display the colours and images of our products appearing in our shop as clearly as possible. We cannot guarantee that the colours displayed on your computer screen will be precise.
We reserve the right, without being obliged to do so, to limit the sale of our products or services to any person and within any geographical region or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All the product descriptions and prices of products may be modified at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of a service or product displayed on the webtie is null and void where prohibited by law.
We do not guarantee that the quality of all the products, services, information or any other merchandise that you have obtained or purchased will meet your expectations, nor that any error in the service will be corrected.
ARTICLE 6 - ACCURACY OF INVOICING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you make with us. We may, at our own discretion, reduce or cancel the quantities purchased pe person, per household or per order. These restrictions may include orders made by or from the same customer account, the same credit card and/or orders using the same invoicing and/or postal address. Where we change or order or should we cancel it, we may try to warn you of this by contacting you at the e-mail address and/or invoicing address/telephone number supplied at the time of ordering. We reserve the right to limit or prohibit orders which, in our own judgement, could appear to come from merchants, re-sale or distributors.
You undertake to supply up-to-date, full and accurate order and account information for all orders made in our shop. You undertake to update your account and other information quickly, including your e-mail address, your credit card numbers and their expiry dates, so that we can fulfil your transactions and contact you if necessary. For further information, please refer to our Returns Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may give you access to third-party tools over which we have neither monitoring, control or influence. You recognise and accept the fact that we are supplying access to such tools "as found" and "according to availability", with no guarantee, representation or condition of any sort and without any approval. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use the optional tools proposed on the website, you do so at your own risk and your own discretion and you should consult the conditions under which these tools are proposed by the supplier or suppliers concerned.
We may also, in the future, offer new sevices and/or new features on our website (including new tools and new resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 - THIRD-PARTY LINKS
Some content, products and services available via our service may include elements arising from third parties.
The third-party links on this website may direct you to websites of third parties which are not affiliated to us. We are not required to examine or evaluate the content or accuracy of these websites and cannot guarantee and do not assume any liability as to any content, website, product, service or any other element accessible on or from these third-party websites.
We are not liable for any damage or losses related to the purchasing or use of the goods, services, resources, content or any other transaction made in relation to these third-party websites. Please read the policies and practices of these third parties and ensure you fully understand them before engaging in any transaction. Complaints, claims, worries or questions concerning the products of these third parties must be made to these third parties.
ARTICLE 9 – COMMENTAIRES, SUGGESTIONS ET AUTRES PROPOSITIONS D’UTILISATEURS
If, at our request, you submit specific content (for example, to take part in a competition) or if at our request you sent ceative ideas, suggestions, proposals, plans or other elements either online, by e-mail, by post or by other means (collectively known as "comments"), you give us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use any comment you have sent us via any media. We are not and should not be liable:
- (1) for maintaining the confidentiality of comments;
- (2) for paying any compensation whatsoever for any comment supplied;
- (3) for responding to comments. We may, but we have no obligation to, check, modify or delete any content we believe, at our own discretion, to be illegal, offensive, threatening, injurious, diffamatory, pornographic, obscene or otherwise reprehensible or which infringes intellectual property rights or these General Conditions of Sale and Use. You undertake to write comments which do not harm the rights of third parties, including copyright, trademarks, confidentiality, personality or other personal or ownership rights. You also agree that your comments will not contain any illegal, diffamatory, offensive or obscene content and that they will not contain either any computer virus or other malicious software which could affect the operation of the service or any other associated website in any way whatsoever. You may not use a false e-mail address, claim to be someone you are not or try to mislead us and/or third parties regarding the origin of your comments. You are entirely responsible for all comments you publish, as well as their accuracy. We do not assume any liability and decline any commitment regarding any comment you publish or published by any other third party.
ARTICLE 10 - PERSONAL INFORMATION
Data is collected for the sole purpose of establishing a commercial and professional relationship with our customers. Personal data is kept by the Domaine du Treuscoat for a reasonable length of time. If someone does not complete all the information required in the website's forms (*Compulsory fields), they will not be able to send the form and will not therefore be able to contact the Domaine du Treuscoat. In compliance with Data Protection Law No. 78-17 of 6 January 1978 relating to the protection of physical persons with regard to the processing of personal data amended by Law No. 2004-801 of 6 August 2004, the automated collection, registration and storage of personal information is caried out on this website within the context of the declaration of a personal information processing made to the National Commission on Data Protection and Freedom (CNIL). The www.domaine-treuscoat.fr website may use tracking cookies supplied by its partners with the aim of checking the efficiency of its communication campaigns. The Domaine du Treuscoat ensures the confidentiality of the data collected and does everything possible to maintain their security and integrity, particularly against accidental loss, alteration or unauthorised access.
The personal information collected is subject to computerised processing designed to develop commercial statistics. The recipients of the data are the website's editor and the processing manager defined. The data is kept for the whole period of the commercial relationship. It can be archived in accordance with current provisions in the following cases:- it is necessary for establishing proof of a contract,- they have to be retained owing to compliance with a legal obligation. In accordance with the Data Protection law of 6 January 1978, amended in 2004, web users and customers benefit from a right of access and rectification of the information concerning them, which they may exercise in their customer account or by simple e-mail request.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our website o in the service which may contain typographical errors, inaccuracies or omissions in relation to product descriptions, prices, promotions, offers, the cost of shipping products, delivery periods and availability. We reserve the right to correct any error, inaccuracy or omission and to change or update this information or cancel orders if any information in the service or on any other associated website is inaccurate, at any time and without prior notice (including after you have made your order).
We are not required to update, modify or clarify the information on the website or any other associated website, including but not limited to the information regarding prices, unless required to do so by law. No defined update or upgrading date for the service or any other associated website should be taken into account for concluding that the information in the service or on any other associated website has been modified or updated.
ARTICLE 12 - PROHIBITED USE
In addition to the prohibitions published in the General Conditions of Sale and Use, you are prohibited from using the website or its content:
- (a) for illegal purposes;
- (b) to incite third parties to carry out illegal acts or to participate in them;
- (c) to infringe any regional order or any law, rule or international, federal, provincial or state regulation;
- (d) to damage o violate our copyright or that of third parties;
- (e) to harrass, mistreat, insult, wound, diffame, slander, denigrate, intimidate or discrimate anyone regarding their gender, sexual orientation, religion, ethnic origin, race, age, national origin or handicap;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious coding which will or could be used so as to compromise the functionality or operation of the service and any other associated, independent or internet website;
- (h) to collect or follow anyone else's personal information;
- (i) to spam, phish or hijack a website, extort information, browse, explore or sweep the web (or any other resource);
- (j) for obscene or immoral purposes; or
- (k) to damage or bypass our service's security measures or that of any other website or the internet. We reserve the right to terminate your use of the service or any other connected website for having infringed these prohibited uses.
ARTICLE 13 - EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY
We do not guarantee or claim in any case that your use of our service shall be uninterrupted, quick or error-free.
We do not guarantee that the results which may be obtained through the use of the service shall be exact or reliable.
You accept that, from time to time, we may remove the service for undefined periods of time or cancel the service at any time, without giving you prior notice.
You expressly agree that your use of the service or your inability to use it is solely at your own risk. The service, as well as all the other products and services supplied to you via the service, are (except where expressly mentioned otherwise by us) supplied "as found" and "according to availability" for your use, without representation, guarantees any conditions of any other sort, express or implicit, including all the implicit guarantees of merchantability, appropriateness for a particular use, durability, title and non-infringement.
The DOMAINE DU TREUSCOAT, our directors, managers, employees, affiliated companies, agents, contractors, trainees, suppliers, service providers and licensors cannot be held liable in any case for any accident, loss, claim or direct, indirect, accessory, criminal, special or damage of any sort whatsoever, including but not limited to a loss of profit, income, savings, data, the cost of replacement or any similar loss, whether they be contractual, tortious (even in cases of negligence), strict liability or other, arising from your use of any service or product arising from this service or regarding any other claim related in any way whatsoever to your use of the service or any product, including but not limited to any error or omission in any content or any loss or damage of any sort arising from the use of the service or any content (or product) published, transmitted or otherwise made available via the service, even if you had been warned of this possibility. Owing to the fact that some states or jurisdictions do not allow liability regarding consecutive or accessory damage to be excluded or limited, our liability shall be limited within the maximum measure allowed under law.
ARTICLE 14 – COMPENSATION
You accept to compensate, defend and protect the DOMAINE DU TREUSCOAT, our mother company, our subsidiaries, affiliated companies, partners, managers, directors, agents, contractors, licensors, service providers, sub-contractors, suppliers, trainees and employees regarding any claim or request, including the reasonable fees of a solicitor, made by any third party owing to or arising from your violaton of these General Conditions of Sale and Use or the documents making reference to it or from your violation of any law or third-party right.
ARTICLE 15 – SEVERABILITY
Where a provision of these General Conditions of Sale and Use is judged to be illegal, null or inapplicable, this provision may nevertheless be applied to the full extent of the law and the inapplicable part should be considered to be isolated from these General Conditions of Sale and Use, this severability not affecting the validity and applicability of all the remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities engaged by the parties prior to the termination date shall remain in force following the termination of this agreement, for all and sundry purposes.
These General Conditions of Sale and Use are effective at least and until they are terminated by you or us. You can withdraw from these General Conditions of Sale and Use at any time by advising us that you no longer wish to use our services or when you stop using our website.
If we judge, at our sole discretion, that you have failed or if we suspect that you have not been able to conform to the measures in these General Conditions of Sale and Use, we may also terminate this agreement at any time without giving you advance warning and you will remain liable for any sums due until the termination date (this being inclusive) and/or we may refuse you access to our service (or any part thereof).
ARTICLE 17 – ENTIRETY OF THE AGREEMENT
Any lack on our part in exercising or applying any right or any provision of these General Conditions of Sale and Use should not constitute a waiver of this right or this provision.
These General Conditions of Sale and Use or any other policy or operating rule we publish on this website or elating to the service comprises the entirety of the understanding and the agreement between you and use and driecting your use of the service, and replacing all communications, proposals and agreements, both prior and current, oral or written, between you and us (including, but not limited to any other prior version of the General Conditions of Sale and Use).
Any ambiguity in the interpretation of these General Conditions of Sale and Use should not be interpreted to the disadvantage of the drafting party.
ARTICLE 18 - APPLICABLE LAW
These GCS are subject to French law. The web user additionally benefits from the protection of the imperative law of his/her usual country of residence.
ARTICLE 19 - MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You may consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Conditions of Sale and Use by publishing updates and changes on our website. It is your responsibility to visit our website regularly to check whether changes have been made. Your continued user or access to our website following the publication of any modification to these General Conditions of Sale and Use constitutes acceptance of these changes.
ARTICLE 20 – CONTACT DETAILS
Any questions regarding the General Conditions of Sale and Use should be sent to us at contact@domaine-treuscoat.fr.
ARTICLE 21 - WEBSITE ORDERS
21.1 - DELIVERY
The Domaine du Treuscoat proceeds with the delivery of orders within Metropolitan France. The seller undertakes to process the order within a period of thirty days from the day following validation of the order. The times given are average times and correspond to the periods of processing, preparing and shipping the order. Our packages are sent via the services of Mondial Relay. We reserve the right to change the delivery service. At the time of ordering, you choose the pick-up point closest to your home and we send it to you with delivery tracking. If you have still not received your purchase after 30 days, please contact us using the contact fom. The company DOMAINE DU TREUSCOAT is not liable for losses or damage you may suffer if these losses or damage arise from a case of force majeure, are attibutable to the unforeseeable action of a third party or attributable to you.
If the customer's address is inaccurate or the pick-up point poorly indicated, the DOMAINE DU TREUSCOAT cannot be held liable for the loss of the order.
21.2 - RETURNS
Legal product conformity guarantee (Articles L.211-1 and following of the Consumer Code) - Guarantee against hidden defects (Articles 1641 to 1649 of the Civil Code). All products benefit from the legal product conformity guarantee (L.211-1 and following of the Consumer Code) and the guarantee against hidden defects (Article 1641 and following of the Civil Code) allowing the customer to retun products delivered faulty or non-compliant. In the case of the delivery to the customer of a product non-compliant with their order or revealing a hidden defect, the customer can return the said product with the returns voucher to the Domaine du Treuscoat by post to the following address: Domaine du Treuscoat, 29410 Pleyber Christ. The customer is liable for the shipping costs. When you receive confirmation of the oder from us, this means that your order has been accepted and that a purchasing contract has been established. We recommend you keep the order confirmation for any other future contact with us. We may reject an order for various reasons, for example if you supply incorrect personal details or if you have a past history of the non-payment of debts. Until you receive this confirmation from us, you can cancel your order. In this case, we will reimburse any payment made by you or your payment or credit card company. We may cancel an order owing to the ordered products' being sold out. We will then reimburse the entire amount paid and inform you of the existence of equivalent products, if these are available. The products ordered remain our property until we have received full payment corresponding to their sale.
21.3 - CUSTOMER INFORMATION
You are liable for the accuracy of the personal information you supply to us.
21.4 - PRICES, COSTS
The pices indicated on the website apply to orders made via the werbsite. All prices are expressed in the currency indicated on the website and include VAT when this is specified (nevertheless, according to your country of residence, VAT may not be applied to your purchase). Unless expressed to the contrary on the website, prices do not include payment or shipping fees, which are indicated separately. Please also note that local fees (such as the fees for converting currencies, fees for payment or credit cards, sales taxes, customs fees etc.) may apply according to the local regulations of your country of residence. You are liable for these fees and they are not subject to reimbusement by us.
21.5 RIGHT OF WITHDRAWAL
According to Article L.121-20 of the Consumer Code, all consumers benefit from a period of 14 days to exercise their right of withdrawal without having to give any reasons or pay penalties, except return fees. Products must be returned in their original packaging and in their original condition with the order number. You can cancel your order by giving us notice within 14 days of the receipt of the products ordered. You should then inform us by e-mail to contact@domaine-treuscoat.fr of your withdrawal, indicating your name, physical address, e-mail address and order number, as well as a description of the products subject to the withdrawal. You must also return the cancelled products at your own cost to the following address within 14 days of your withdrawal notification. You are liable for the condition of the products during their return. This is why we strongly recommend you send them well wrapped, in good condition and in their original box or packaging. Domaine du Treuscoat, 29410 Pleyber Christ. When you make a withdrawal, we reimburse the price you have paid for the cancelled products, but we do not reimburse any shipping costs. We nevertheless deduct any depreciation in the value of the products from the amount to be reimbursed if this is due to the fact that you have manipulated them more than was necessary to determine their function or characteristics. We will pay the amount to be reimbursed as soon as possible and within 14 days of the withdrawal notice. We will nevertheless delay payment until receipt of the returned products. Reimbursement shall be made using the same payment method you used to pay for the cancelled products, unless stated otherwise. Your right of withdrawal does not apply to contracts which:
- relate to a service which has been entirely fulfilled if, on making your order, you have accepted from the beginning of the service that there would be no right to withdrawal after the fulfilment of the service
- relate to goods or a service for which the price depends on market fluctuations which we cannot control and which may occur duirng the period between receipt by you of the cancelled products and your withdrawal notice
- relate to goods having been made in accordance to your specifications or which are clearly customised
- relate to good which may rapidly deteriorate or expire
- relate to goods whose seal has been broken and which cannot be returned owing to risks to health or hygiene if the seal has been broken by you
- relate to goods which, following delivery, by their nature have been irreversibly mixed with other articles
- relate to sealed audio or video recordings or sealed computer software whose seal has been broken by you
- relate to the particular numbers of a journal or magazine
- relate to digital content supplied other than by a tangible means, if you have explicitly accepted a delivery of this kind and accepted the absence of the possibility of withdrawal
- relate to cultural and sporting events or any other similar leisure activity, food or catering or any other similar service, as well as accommodation, the shipment of goods or the delivery of vehicles where we would not be able to supply the service in one day or over a specific period.
21.6 Guarantee and claims
Some of our products can include guarantees. The information regarding these guarantees are supplied on the website or in these General Conditions of Sale. Order conformation stands as the guarantee certificate. Our guarantee only covers faults in the original manufacture and does not cover faults appearing during or after modifications have been made to the function or appearance of the products, such as its reconstruction, improvement or any other configuration of the product. You can make a claim regarding products considered defective according to consumer protection legislation during a period of 2 years (or any other additional period provided by the applicable law) from the date of receipt of the products. You should then inform of us your claim indicating your name, physical address, e-mail address and your order number, as well as a description of the products subject to the claim, by using the online form on our website, for example. You should also make the claim as quickly as possible after discovering the fault. Any claim made within two months of discovering the fault will always be considered as registered within the period mentioned. In the case of faulty products, we will reimburse you in accordance with the applicable legislation regarding consumer protection. We will try to proceed with this reimbursement within 30 days from receipt of a claim and the identification of the need to proceed with reimbursement, but this period may be longer according to the nature of the product. We will also try to comply with the recommendations relating to faulty products issued by the national consumer protection authorities. Reimbursement shall be made using the same method of payment as you used to pay for ordering the products concerned in the claim, unless any contrary agreement is made.
