Huile d'olive VIERGE EXTRA

TERRA CATALANA - au Vial - 42210 - Saint Cyr les Vignes France
E-mail : This e-mail address is being protected from spambots. You need JavaScript enabled to view it Tel  fixe : 0034 877 00 11 16 - portable : 0034 653 607 847.

I / GENERAL CONDITIONS OF SALE of TERRA CATALANA

Introduction.

These general conditions of sale apply in full authority to all sales of the following products:

Olive Oil of Mas « Plus Ultra » production of TERRA CATALANA natural or flavoured oil, products listed, along with their bottles, for sale in the website boutique www.huile-olive- masplus.com

And in more general terms the entire range of TERRA CATALANA, headquartered:  chez Madame GUIJARRO Michèle, au VIAL, 42210 Saint Cyr les Vignes, Mr CODELLO Angelo the Producer of TERRA CATALANA, registered with the Chamber of Commerce of the Loire under the SIREN number 314 241 779.Sales are concluded with TERRA CATALANA and the Buyer, that is any physical person or corporate entity who wishes to engage in a purchase via the internet site listed above.

Subject.

These sales conditions are intended to define the contractual relations between TERRA CATALANA with the Buyer and the conditions applying to all purchases conducted through the commercial website www.huile-olive-masplus.com, whether the Buyer is a professional or a consumer.

Acquiring goods through the present website implies unreserved acceptance by the Buyer of the present conditions of online sales in addition to the general sales conditions presented and accepted in the introduction as well as the commercial documents of TERRA CATALANA from the 2010 catalogue and rates:

These sales conditions prevail over all general or specific conditions not expressly stated by TERRA CATALANA. TERRA CATALANA the right to modify these sales conditions is reserved at all times. In this case, the applicable conditions will be those in force on the date of the Buyer’s order.

The sale is considered final on the date the order is accepted by the Vendor.

Prior to this date, the present conditions of service have been provided to the customer as called for in articles L. 113-3 and s of the Consumer’s Code.

Appearance of goods offered

Products offered are those listed in the catalogue of the boutique published on the website www.huile-olive-masplus-com. These products are available as limited by available stock. Each product is accompanied by a description issued by the producer. Photographs in the catalogue are as faithful as possible, but they may not ensure a perfect likeness to the product sold. All photographs of products presented are non-contractual, and they are the exclusive property of TERRA CATALANA

Prices.

Sales prices of products listed on the website are in Euros (barring typographical errors), all taxes included, and do not include delivery costs which will be determined by the geographical regions noted in the following article; any change of TVA rate may be refelcted in the product price. TERRA CATALANA reserves the right to change prices at any time, with the understanding nevertheless that the price listed in the catalogue on the date of the order will be the only price applicable for the Buyer.

Geographical  Areas.

The sale online of products listed on the site is destined for any Buyer residing in Europe or elsewhere in the world (in theory, no geographical zone is excluded) and wishing to obtain the product, and for deliveries required in these geographical zones

II. – ORDERS

To ensure the terms of the contractual agreement, for confirmation, all orders should be made on the website www.huile-olive-masplus.com of TERRA CATALANA. Note :

- complete the identification form in which the Buyer should provide all the requested contact information or provide the client number, if there is one,

- complete the online order form, providing the full reference information for the products selected,

- validate the order after having verified it,

- confirm the order and payment,

- complete payment according to the conditions provided.

Confirmation of the order implies acceptance of the present conditions of sale, affirmation of full understanding and waiving prevalence of one’s own conditions of sale or other conditions. The collection of data furnished and the recorded confirmation will act as proof of the transaction. Confirmation will be concluded by signature and acceptance of the performed operations.

Acceptance of the order by the Vendor results when confirmation is properly received, methods are accepted and the terms were confirmed by mail or by email; the drafting and issuance of the bill will follow said acceptance within the earliest time frame possible.

Cancellation

Any order may be cancelled by the Buyer or modified in its content by contacting the Vendor in writing 8 days before the products are shipped, from the location where they are kept to the location of delivery. After this date, any order is considered firm and definitive.

Any modification prompted by the Buyer may result in further billing charges and a new delivery date.

In the event that a product ordered by the client becomes unavailable, the Vendor pledges to inform the Buyer as soon as unavailability becomes known.

Lack of availability results in cancellation of the Order and reimbursement of the customer, without delay, and at the latest within thirty days, of the price of the order if the customer’s bank account has been debited.

Reimbursement will be issued in the form of a credit to the debited bank account.

Methods

Pricing is valid when the order is placed. Payment will be made in full by bank card, money order or cheque at the time when the order of a product is placed, which is to say the moment when the order confirmation is received. To this effect, with each order, the client should furnish the information necessary as stated on the website. No order will be accepted or confirmed as long as the aforementioned information for payment has not been communicated and validated.

Payment default.

In case of payment default, particularly in cases where the bank refuses to honour payment or if the Buyer states opposition to the payment, and this either before or after the conclusion of the transaction, TERRA CATALANA  full rights related to the sale may be terminated, without notice or delay and could in some circumstances require the customer to pay product restitution fees : TERRA CATALANA in particular, the right is reserved to refuse delivery or honour an order if the Buyer has not totally or partially paid a previous order or if active litigation is currently pending with the Buyer

III. - DELIVERY

Seller will deliver the products ordered to the address indicated by the Buyer when the order is placed to TERRA CATALANA..

The delivery of the product by the transport agent or the postal agent requires signed acknowledgement of delivery by the Buyer. The Buyer is required to verify the state of the packaging of the merchandize upon delivery and to signal damages committed to the transport agent on the delivery receipt, within a time period of three days.

Time frames for delivery.

Time frames indicated on the order form and on the page « practical information » of the website of TERRA CATALANA www.huile-olive-masplus.com are average normal time frames and correspond to the period needed to handle the shipping and handling of the order. The delivery time frame is indicated to the client by email or in some cases by telephone. It is useful to remember that TERRA CATALANA, given that the product is shipped from its place of manufacture (Spanish Catalonia), the average time needed for delivery will be between 7 and 15 business days. This delivery time frame is given as an approximation and is not guaranteed. It is a function of the transport options of TERAA CATALANA.

The Seller may not be held responsible for consequences resulting from a shipping delay, which is the sole responsibility of the transporter  exclusively.

TERRA CATALANA reminder that the transportation costs are not at its discretion, but as much as is possible commits to finding the transport service most favourable to the Buyer.

In any event, delivery of products in the prescribed time period may only take place if the Buyer has completely paid for each of the products involved in the order as well as corresponding transport fees, and when necessary provided the documentation requested  by TERRA CATALANAin the section « payment methods ». The shipping order is by TERRA CATALANA given after the price of the order has been deposited in full.

In case of payment by cheque, the order will only be processed upon receipt of the cheque. As a result, applicable shipping time frames are those in place on the day the cheque is received and may therefore be modified with respect to those mentioned on the day the order is received.

The Buyer is kept informed by email TERRA CATALANA of the tracking of the order. If necessary, the Buyer may contact for any question related to tracking the order. In case of shipping delays, an email is sent to the customer. In case of a delay with respect to the date originally indicated or modified, the customer should notify in writing (post, email)TERRA CATALANA in order to ensure the best quality of service that may then be offered.

Delivery beyond the time frame established may in no instance lead to deduction or indemnity or to the cancellation of an order in progress.

Risks associated with the article ordered are born by the Buyer once the order has been delivere.

Delivery errors or anomalies.

If there should be delivery anomalies or errors (such as damage, broken products, damaged packages) and/or in case products do not conform in nature or quality to the specifications listed on the bill, the customer should indicate them to the transport agent, which will be exclusively responsible and inform by TERRA CATALANA by  email This e-mail address is being protected from spambots. You need JavaScript enabled to view it , in the following conditions : the same day (on the delivery notice in the form of « handwritten reservations », accompanied by the customer’s signature, with the notice returned to the transporter when the delivery is made) or at the latest the first business day following delivery. In case of delivery error or exchange, any product to be exchanged should be returned to the transport agent in its entirety and in its original packaging : The product will automatically either be exchanged (provided there is availability) or reimbursed if the product is not available. Any claim not issued according to the rules defined above and within the appropriate period of time can not be taken TERRA CATALANA into consideration, and all responsibility is toward the customer is vacated: the exchange fees are to TERRA CATALANA be borne by , except if it is determined that the product returned does not correspond to the original declaration made by the customer in the return notice.

In addition, the delivery time frame indicated is entirely suspended by any event outside the control of TERRA CATALANA and whose impact prevents timely delivery. In any event, delivery within the time frame can only occurs if the Buyer is current in his/her obligations and especially with regard to payment to the Vendor.

Starting from delivery, product risks are transferred to the Buyer.

Cancellation Clauses

The Buyer disposes of a 7 day open period starting from the date of delivery of the product  purchased on the site, to return said product to TERRA CATALANA for exchange or reimbursement, without penalty except return shipping fees. TERRA CATALANA exchange and reimbursement of products may only be accepted if each and every one of the following conditions are met:

- Product return must be done within the time frame allowed in the first paragraph of this article, with the date listed on the delivery notice to serve as proof.

- The product should be returned intact in its original packaging.

- The product should generally be in good working condition and presentable appearance.

- Any return via postal services should be registered with signed confirmation of delivery, without which acknowledgement of product loss in return transport can not be given. Any product that has been damaged or whose original packaging has been damaged will be neither refunded nor exchanged.

The right is reserved to TERRA CATALANA determine in good faith if all of these conditions are met. When the product returned by the customer is received, an email confirming receipt of said product will be sent efund may be issued by bank cheque or by transfer to the bank or postal account initially used by the Buyer to secure the purchase, within a maximum period of 30 days after sending confirmation of product delivery to the Buyer. The fees and risks relative to the return of the product are the exclusive responsibility of the Buyer.

Product property transfer, risk transfer.

Property and risk transfer relative to the product sold will take place at the moment of delivery, with the date listed on the delivery notice as proof of the date of delivery.

Limitation of liability.

All liability for  TERRA CATALANA any type of direct or indirect damage stemming from the lack of execution or poor execution of the sale of a product may in no case surpass the amount equal to the price of the product sold. The present article does not apply to Buyers, who due to their status, may have recourse to the L132-1 Consumer Code’s provisions.

Proof.

Computerized registries, maintained in the computer systems of each party in reasonably safe conditions, will be admissible as proof of communication, contracts and payments made between the parties.

IV. – MODIFICATION

TERRA CATALANA the right is reserved to modify the present general conditions if needed and to make all decisions deemed necessary for the application and interpretation of the present general conditions, subject to individual notification of Buyers. Current contracts are therefore subject to the general conditions herein modified and if the case arises, completed.

The liability of TERRA CATALANA  can in no case be committed from this fact.

V. – APPLICABLE LAW – CONTRACT LANGUAGE

Applicable law.

The contracts between TERRA CATALANA and the Buyer, governed particularly by the present general conditions, are subject to the law.

In case of litigation, the Buyer will to TERRA CATALANA an first address in order to arrive at a mutual solution.

In any case, the Buyer benefits, if the case arises, from the protections that are granted the imperative provisions of the law of the country in which the Buyer maintains usual residence :

- if the conclusion of the contract was preceded in this country by a special offer or an advertisement, and if the customer has performed in this country the actions necessary at the conclusion of the contract or,

- if TERRA CATALANA  received the customer’s order in this country.

Applicable law will in any case be French law if the service is exclusively performed in a country other than the country in which the Buyer maintains usual residence.

Language of the contract.

In case the present general conditions are redacted in several languages or translated, only the French version can be used as evidence.

VI. - COMPETENT JURISDICTION

In case of persistent disagreement on the application or the interpretation of these general conditions and in the absence of mutual agreement all litigation will be introduced in the territorially competent civil court