Terms of Service
The present general terms and conditions of sale apply to private consumers only.
PREAMBLE – Products
The products offered for sale presented in the catalog published on the site are each the subject of a description to identify their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
The products comply with the requirements in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market (text reproducing C. consom. L. 411-1, formerly C. consom. L. 212-1).
The products comply with the requirements of French law in force at the time they are placed on the market.
Article 1: Scope of application
These General Conditions of Sale apply to all orders placed through the website www.lagrandesieste.com and this regardless of the clauses that may appear on the documents of the buyer.
It is enough for the buyer to click on “General Conditions of Sale” to know the conditions of his order, even before he started the ordering process.
The customer acknowledges having read and accepted the terms of these General Conditions of Sale. In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its headquarters shall apply.
The GCS govern the contracts of sale on the spot or on line of the products of the professional salesman to the purchasers having the quality of consumers (hereafter consumers), and constitute with the order on line the contractual documents opposable to the parts, with the exclusion of all other documents, prospectus, catalogs or photographs of the products which have only an indicative value.
The GCS are applicable to products delivered to consumers established in metropolitan France.
The GTC are written as well as all the contractual information mentioned on the site in French language (the language of the site appears among the criteria allowing to determine the other countries towards which the site established in France directs its activity and consequently the law applicable to the contract).
Article 2 : Orders
The Domaine de la Grande Sieste undertakes to accept orders made under the terms of the present General Conditions of Sale and within the limits of available stocks.
In case of stock shortage, Le Domaine de la Grande Sieste commits itself to communicate the supply delays necessary to obtain the desired product or to propose a replacement product. The Domaine de la Grande Sieste will honor each order by making one or more deliveries of the products ordered.
By validating his order, the customer declares to have taken knowledge and to accept the present General Conditions of Sale.
The orders are final only when they have been confirmed by the payment of the price by the buyer. The preparation and shipment of an order can only be implemented after receipt of payment. An invoice will be sent by email as soon as the order is shipped.
The Domaine de la Grande Sieste reserves the right to cancel all non-conforming or doubtful orders, as well as those from a customer with whom there is any dispute.
All our offers are subject to availability and are not binding. In case of shortage on a product bought and stipulated in “stock” on the site www.lagrandesieste.com la Grande Sieste commits itself to contact you within 48 hours to agree on a partial or integral change of the order.
Formation of the order
The validation of the order by its confirmation is worth adhesion by the purchaser with the CGV in force at the day of the order whose conservation and the reproduction are ensured by the professional salesman in accordance with the article 1127-2 of the civil code.
To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the button “Order” and provides the information relating to the delivery and the method of payment.
Before clicking on the “Confirm Order” button, the consumer has the possibility to check the details of his order and its total price and to go back to the previous pages to correct any errors or possibly modify his order.
The confirmation of the order leads to an acceptance of the GTC and forms the contract.
An e-mail acknowledging receipt of the order and payment is sent by the seller as soon as possible.
Any modification of the order by the consumer after confirmation of his order is subject to the acceptance of the professional seller.
The professional seller reserves the right to make changes to the product ordered that are related to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code (former C. consom., art. R. 212-4, V).
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the quality of consumers.
The sales contract is formed when the consumer sends the confirmation of his order.
The archiving of communications, order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the civil code (former C. civ., art. 1348). These communications, order forms and invoices may be produced as proof of the contract.
The order can be cancelled by the buyer by registered letter with acknowledgement of receipt or by a written document on another durable medium in case :
- delivery of a product that does not conform to the declared characteristics of the product;
- delivery beyond the deadline specified in the purchase order or, in the absence of such a deadline, within thirty days of the conclusion of the contract, after the seller has been enjoined, in the same manner and without result, to make the delivery within a reasonable additional period ;
- price increase that is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the buyer can demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
The order may be cancelled by the seller in case of:
- refusal of the buyer to take delivery ;
- non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid at the time of the order remains with the seller as compensation.
Article 3 : Prices
The prices expressed in euros and indicated in TTC are inclusive of all taxes (applicable VAT, excise and all other taxes applicable on the day of the conclusion of the order, any change could be reflected on the price of the products).
The prices indicated are exclusive of VAT, but include excise duties and any applicable taxes.
The prices of the products can change at any time according to the pricing policy of the Domaine de la Grande Sieste. The ordered products are invoiced at the price in force at the time of the recording of the order.
Product offers and prices are only valid as long as they are visible on the site and within the limits of available stocks.
The prices displayed are net and include shipping costs. Shipping costs may vary depending on the number of products ordered and the country of shipment. For any specific order, please send us an e-mail to the following address: email@example.com
The amount due, indicated in the order confirmation by the Domaine de la Grande Sieste is the final price to be paid, expressed all taxes included (French VAT and all other applicable taxes): this price includes the price of the products, the handling, packaging and conservation costs of the products, the administrative costs and the transport costs.
In the event of a price promotion, the Professional Seller agrees to apply the promotional price to any order placed during the period of the advertisement for the promotion.
The additional costs of transport, delivery or postage (to which must be added any other costs borne by the seller), of which the customer may have been informed before the order, are set out on the order form.
Charges that cannot be reasonably calculated in advance are payable (not to be included if charges are not payable).
Article L. 112-3 of the Consumer Code (former C. consom., art. L. 113-3-1)
- Where the price cannot reasonably be calculated in advance because of the nature of the good or service, the trader shall provide the method of calculating the price and, where applicable, any additional transport, delivery or postage costs and any other costs. Where the additional charges cannot reasonably be calculated in advance, the professional shall indicate that they may be payable.
- In the case of an open-ended contract or a contract with a subscription, the total price includes the total charges incurred for each billing period.
When such contracts are charged at a fixed rate, the total price also includes the total monthly costs. When the total cost cannot be reasonably calculated in advance, the method of calculating the price is disclosed.
Article 4 : Validity of offers
Products and promotional offers are offered while stocks last. The Domaine de la Grande Sieste cannot be held responsible for a possible stock shortage which would lead to a delay in the delivery of the order.
In case of unavailability of one or more products after the validation of the order, Le Domaine de la Grande Sieste commits to inform the customer by email as soon as possible. In agreement with the customer, Le Domaine de la Grande Sieste can modify the order or proceed to the reimbursement of the unavailable product(s) by crediting the payment card used for the order or by check.
In the case of a permanent stock shortage, the customer will be reimbursed for the unavailable product(s) or the entire order, depending on the customer’s choice. In the case of a temporary shortage, the buyer will be offered to wait until the date of restocking which will be specified. In the absence of acceptance, the customer can ask for the partial or complete cancellation of his order.
The online sales offers presented on the site are reserved for consumers residing in France and for deliveries in these same geographical areas.
The online sales offers presented on the site are valid, in the absence of indication of particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.
The acceptance of the offer by the consumer is validated, in accordance with the process of the double click, by the confirmation of the order.
Article 5 : Delivery and reception
The Domaine de la Grande Sieste delivers in Metropolitan France. The shipping costs are automatically calculated on our site according to the destination of the order and the weight of the products ordered. Deliveries to any other destination will be subject to a specific estimate. Please contact us by e-mail at this address: firstname.lastname@example.org.
The Domaine de la Grande Sieste accepts the order and launches the delivery operations upon receipt of the payment and the agreement of our verification service. The delivery of the ordered articles is carried out with the residence of the purchaser or with any other address indicated at the time of its order. The information given by the buyer when placing the order is binding on the buyer: in case of an error in the recipient’s details or incomplete information, the seller cannot be held responsible for the impossibility of delivering the product. In case of return of goods for incomplete address, the buyer will be offered two possibilities: the reshipment of the goods after payment of the participation to the return costs. The refund of the order after deduction of the delivery costs.
Orders can be delivered in one go to one point.
The delivery is carried out by the direct handing-over of the product to the purchaser or, failing that, by the sending by the salesman of a notice of provision to the purchaser.
Within fifteen days from the notice of availability, the buyer must proceed to the withdrawal of the ordered product.
In the absence of withdrawal within the indicated time, the seller can, after a formal demand of the buyer, remained without effect, proceed to the withdrawal, cancel the order and keep as compensation the paid deposit.
When the product is delivered to the address indicated on the order form by a carrier, it is up to the buyer to check the condition of the delivered product in the presence of the delivery person and, in case of damage or missing items, to express reservations on the delivery note or the transport receipt, and possibly to refuse the product and to inform the seller.
If the product is not in conformity with the order, the consumer must address a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.
The risk of loss of or damage to the goods passes to the consumer at the time the consumer, or a third party designated by the consumer, takes physical possession of the goods, regardless of their nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller’s risk.
The product, which is delivered to the consumer by a carrier chosen by him, travels at the risk of the consumer from the moment of delivery to the carrier.
Article 6 : Delivery time
The delivery time of the orders is 7 working days after the reception of the payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the order confirmation received by e-mail by the customer. The order is delivered to the delivery address chosen by the customer.
Any error or change made by the customer in a current delivery order will result in an extension of the planned delivery time. Additional costs will be charged to the customer.
If the ordered product is not delivered or the service is not provided on the date or at the end of the period mentioned on the order form, the consumer may, after having unsuccessfully enjoined the seller to perform his obligation to deliver within a reasonable additional period, rescind the contract by registered letter with acknowledgement of receipt or by a written document on another durable medium
Article 7 : Transport and responsibility
The goods always travel at the risk of the consignee. The customer is required to carefully check his packages upon delivery in order to immediately make any reservations to the carrier as follows: On the delivery slip provided by the carrier or by immediately calling the carrier’s customer service department, in the presence of the delivery person. And in all the cases, by preventing the Field of La Grande Sieste by registered letter addressed to its address of correspondence in the two days after reception of the parcel AND by email with: www.lagrandesieste.com No complaint could be considered admissible if the customer accepted without reserve his parcels at the time of the delivery.
Article 8: Withdrawal
Article L. 221-5 of the French Consumer Code (formerly C. consom., art. L. 121-17, 2º) requires prior information on the conditions, time period and procedures for exercising the right of withdrawal and communication of the standard withdrawal form, a model of which is proposed in the appendix to articles R. 121-21 and R. 121-23 of the Consumer Code.
The conditions, time limit and procedures for exercising the right of withdrawal are set out in Article L. 221-5 of the French Consumer Code (formerly C. consom., art. L. 121-17) and Articles L. 221-18 et seq. of the French Consumer Code (formerly C. consom., art. L. 121-21 to L. 121-21-8).
The information mentioned in 2o, 3o and 4o of article L. 221-5 (former C. consom., art. L. 121-17) can be provided by means of the standard information notice appearing in the appendix to article R. 221-3 of the Consumer Code (former C. consom., art. R. 121-2).
This is the model that is reproduced in this document.
The company may also choose to present the information in a different way.
As this is general information, it is appropriate for the company to adapt it to its specific situation and to retain only those options that are appropriate for it.
Pursuant to Article L. 221-28 of the French Consumer Code (formerly C. consom., art. L. 121-21-8), the customer is informed that the right of withdrawal cannot be exercised for certain contracts.
The notification of the will to retract can be done by the form available on our website www.lagrandesieste.com or by contacting our customer service by email or by phone.
To exercise the right of withdrawal, you must notify us:
- your name, geographic address and, where available, your telephone number, fax number and e-mail address;
- as well as your decision to withdraw from the contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form). You can use the sample withdrawal form, but it is not mandatory.
The return of all products ordered must be made within 14 days.
The withdrawal period expires fourteen days after the day on which you, or the third party you have appointed to do so, takes physical possession of the first goods.
If you withdraw from the contract, we will refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from the contract.
We would process the refund using the same payment method you would use for the original transaction. With your express consent, another means can be used. In any case, this refund would not incur any costs for you.
It is recalled that the responsibility of the customer, in case of withdrawal after use of the goods, is committed to the depreciation of the goods resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of these goods. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there.
Article 9 : Payment
Any order implies a payment defined according to the terms and means specified in the ordering process.
Payments by credit card are made via a secure online payment service (STRIPE or PAYPAL or LYDIA) or by bank transfer.
A payment order made by credit card cannot be cancelled. From then on, the payment of the order by the buyer is irrevocable, without prejudice to the customer’s right of withdrawal or cancellation of the order.
In all cases of non-performance of its obligations by the consumer, the deposit paid at the time of the order remains the property of the professional seller as compensation.
Article 10 : Method of payment
Credit card : Payments by credit card are secured by an online payment system with SSL standards. Moreover, all the banking information that you communicate to us, at the time of your purchase on line, are neither stored, nor visible on Internet. The Domaine de La Grande Sieste certifies the confidentiality of your data. Only bank cards with the initials CB, VISA, MASTERCARD or AMERICAN EXPRESS are accepted.
Bank transfer: to the following account
Domaine de la Grande Sieste
IBAN : FR76 3007 7048 3611 5890 0020 014
PayPal/LYDIA: the confidential data (the 16-digit credit card number, the expiration date and the visual cryptogram) are directly transmitted encrypted to the payment platforms concerned without passing through the physical media of the DOMAINE DE LA GRANDE SIESTE server. When the order is validated, the payment request is routed in real time to the secure telepayment manager. The latter sends an authorization request to the credit card network. The telepayment manager issues an electronic certificate.
Article 11: Securing means of payment
The security of payments is ensured by the secure payment services PayPal and Stripe. The PayPal and Stripe platforms do not communicate any financial information of the Customer to Domaine de la Grande Sieste. Confidential data is captured and transmitted encrypted on PayPal or Stripe servers.
Article 12: Retention of title clause (RPC)
The seller remains the owner of the products sold until full payment of the price and the buyer undertakes, as long as the property is not transferred to him, to take all the useful precautions for the good conservation of the products.
From the date of delivery indicated in the order form, the ownership of the product is transferred to the buyer, except in the case where the full payment of the price has not been received at the time of the order.
Article 13: Personal data
All data provided during your customer visits on www.lagrandesieste.com are strictly confidential. No personal data or contact information will be sold or rented to anyone without prior consent. Personal data of customers will be used only to contact them about information exclusively related to our services: accounting, credit card or other payment card control and selection, marketing analysis and statistics, testing, system maintenance and development, customer surveys, customer relations, improvement of our future communications and better identification of customer needs and preferences. Once registered on www.lagrandesieste.com the customer will be able to access the page “my account” and modify his personal data.
The Domaine de la Grande Sieste may collect, store and use the following data: name, e-mail address, physical coordinates, date of birth and sometimes delivery, billing or other information.
In application of the law on data processing and freedom of January 6, 1978, the customer has the right to access, modify, rectify and delete data concerning him. The customer can exercise this right by sending a letter to the Customer Service on www.domaine-de-la-grande-sieste.com
The automated processing of personal information on the site www.lagrandesieste.com has been declared to the Commission Nationale de l’Informatique et des Libertés under the number 2084825 v 0.
The recipients of the data are the marketing departments of La Grande Sieste, as well as the payment providers: PayPal and Stripe and our delivery service providers: Chronopost and Colissimo. Data transfers with our service providers are contractually regulated and in accordance with the law in force, and are subject to an adequate level of data security.
Article 15: Guarantees
The Domaine de la Grande Sieste is bound by the legal guarantee of hidden defects, in the sense of article 1641 and following of the Civil Code: “the seller is bound by the guarantee for hidden defects of the thing which make it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lesser price for it, had he known about them. Consequently, the customer has up to two months after the delivery date to send his complaint to the Domaine de la Grande Sieste. Beyond this period, the company Le Domaine de La Grande Sieste will not be able to guarantee the products and the customer will have to prove that their alteration is previous to their reception.
All products supplied by the seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code (C. consom., L. 211-4 to L. 211-14) or the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
Independently of any commercial guarantee that may have been granted, the seller is liable for defects in the conformity of the goods that are the subject of the contract under the conditions of Article L. 217-4 et seq. of the French Consumer Code (formerly C. cons., art. L. 211-4 et seq.) and for hidden defects in the goods sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Article L. 217-4 of the Consumer Code (former C. consom., art. L. 211-4)
The seller is obliged to deliver a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code (former C. consom., art. L. 211-5)
To comply with the contract, the property must:
- Be fit for the purpose ordinarily expected of similar property and, where applicable :
- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
Article L. 217-12 of the Consumer Code (former C. consom., art. L. 211-12)
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
When he acts in legal guarantee of conformity, the consumer :
- has a period of two years from the delivery of the property to act;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code (former C. cons., art. L. 211-9) ;
- is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
Independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of the present code (former C. consom., art. L. 211-4 to L. 211-13) and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
Article 16: Liability
All the texts and photos presented have only an information value and are in no case contractual. The Domaine de La Grande Sieste reserves the right to make modifications to its website, its procedures and the present General Conditions of Sale in force at the time of the order. The Domaine de la Grande Sieste shall not be held responsible, or considered to have failed to comply with the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts.
Exemption from liability
The responsibility of the professional salesman cannot be committed in the event of non-performance or of bad execution of the contract due, either to the fact of the purchaser, or to the insurmountable and unforeseeable fact of a third party to the contract, or to the force majeure.
Article 17: Applicable law
The law of this contract is the French language. All the clauses of the present General Conditions of Sale, all the transactions and purchase operations carried out from the site www.lagrandesieste.com as well as by mail and by telephone are governed by the French Law. Any dispute that cannot be settled amicably will be referred to the courts of the head office of the Domaine de La Grande Sieste Company or to the court of the department chosen by the customer.
Article 18: Legal information
By virtue of the ordinance n° 59-107 of January 7, 1959 which stipulates the prohibition of the sale of alcohol to minors, law n° 74-631 of July 5, 1974, the purchaser commits himself, by filling out the order form, to be at least eighteen (18) years old on the date of the order by communicating his date of birth when creating his account on the Domaine de la Grande Sieste website. Alcohol abuse is dangerous for your health. Know how to consume and enjoy it in moderation.
Article 19: Modification of the GTC
The professional seller reserves the right to modify its GTC at any time.
In case of modification of the GTC, the applicable GTC are those in force at the date of the order, a copy of which dated to this day can be given to the consumer at his request.
The nullity of a contractual clause does not lead to the nullity of the GTC, except if it is an impulsive and determining clause that led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the GTC by the professional seller shall not constitute a waiver of the other clauses of the GTC, which shall continue to have effect.
Article 20: Protection of personal data (RGPD)
The professional respects the privacy of his users and clients and undertakes to ensure that all information he collects, in particular concerning the client’s use of the e-commerce service in order to purchase or obtain an Edilaix product (subscription, registration for an event organized by the company), which allows the client to be identified, will be considered as confidential information.
The information collected on this site is processed by the company DOMAINE DE LA GRANDE SIESTE responsible for processing your requests, orders, registrations and subscriptions.
We will only process or use your data to the extent necessary.
Your personal information is retained for a period not to exceed 12 months, unless:
- You can exercise your right to delete your data under the conditions described below;
- A longer retention period is permitted or required by law or regulation. During this period, we will take all appropriate steps to ensure the confidentiality and security of your personal data, so as to prevent damage, deletion or access by unauthorized third parties.
Access to your personal data is strictly limited to (our administrative staff, our employees and agents, the communication department or the accounting department) and, if necessary, to our subcontractors. Such subcontractors are subject to a confidentiality obligation and may only use your data in accordance with our contractual terms and applicable law. Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to third parties to your data without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the amended “data protection” law of January 6, 1978 and the European Regulation n°2016/679/EU of April 27, 2016 (applicable as of May 25, 2018), you have the right to access, rectify, portability and deletion of your data or to limit the processing. You may also, for legitimate reasons, object to the processing of your data.
You can, subject to the production of a valid proof of identity, exercise your rights by contacting us.
If you do not wish to receive or no longer wish to receive our news and solicitations (by telephone, SMS, mail or e-mail) and invitations, you may indicate this to us on this form5 , change your choices by contacting us as described above or, if applicable, by modifying the settings in your online profile. The same applies if you do not wish to receive news, invitations or promotional offers from our partners.
In accordance with the European Regulation on the protection of personal data EU 2016/679 (RGPD), the Customer may exercise his right of access to data concerning him, rectification, deletion, request a limitation of processing, oppose it or request portability by contacting the email specified in the contact details on the aforementioned site.
For any additional information or complaint, you can contact the Commission Nationale de l’Informatique et des Libertés (more information on www.cnil.fr).
Finally, we would like to inform you of the existence of the “Bloctel” list of opposition to telephone canvassing, on which you can register (https://conso.bloctel.fr/).
Article 21: Competent Court
In the absence of an amicable agreement, you may bring before the court any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract as well as all documents related to this contract.
The competent court will be the one of the place of residence of the defendant (article 42 of the code of civil procedure) or the one of the place of the effective delivery of the thing or of the execution of the service (article 46 of the code of civil procedure).