Terms & Conditions of Sale

COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER
SAS (JSC) with a capital of €152,500

Head Office: L’Amandoria-Fontgrave -26740 Montboucher-sur-Jabron, France 
Telephone: +33 (0)4 90 64 00 23 / +33 (0)4 75 53 09 21

Email: infos@nougat-boyer.fr
Company N° RCS 413 750 241 00056, 01/09/1995 in Valence  

EU VAT N°: FR 3241370241

Terms & conditions of the sale of products on www.nougat-boyer.fr

Latest update: 18/11/2015

Article 1 - Purpose

These terms & conditions are intended to govern the sales of confectionery products by COMPAGNIE D’ANCONE/ ANDRE BOYER, Place de l’Europe, 84390 Sault, France.

Article 2 - Pricing

The prices of our products are shown inclusive of all taxes (VAT and any other taxes that may apply on the day of the order) unless otherwise stated. The prices do not include processing or shipping costs.

In the event that your order is to be shipped outside metropolitan France, you are deemed to be importing the product(s) concerned. Customs and/or excise duties and/or local taxes may be due; in such an event, said duties and taxes shall not involve COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER. They are your entire responsibility, both in terms of declarations and payments made to the authorities and other relevant agencies in the receiving country. It is advisable for you to contact your local authorities for further information about those matters.

All payments are to be made in euros, whatever the country of the ordering party.

COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER reserves the right to modify its prices at any time without notice. However, every product ordered shall be billed on the basis of the price in effect at the time the order is validated, and subject to availability.

COMPAGNIE D’ANCONE/ NOUGATANDRE BOYER shall retain ownership of the product until it has been paid for in full.

Please note: Once you have taken physical possession of the goods which you have ordered, you become liable for any risk of loss or damage to said goods.

Article 3 - Ordering

You may place your order using any of the following methods: 

  • Website:  www.nougat-boyer.fr
  • Email: infos@nougat-boyer.fr
  • Telephone: +33 (0)4 90 64 00 23
  • Fax: +33 (0)4 90 64 08 99

These contractual terms are an English translation of an original written in French. You shall be asked to accept said terms prior to validating your order.

COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER reserves the right to decline a payment or to decline the validation of an order, for any reason whatsoever, and particularly in the event of difficulties in the supply chain for said order, or any other difficulty concerning said order.

Article 4 - Validating your order

By placing an order on the www.nougat-boyer.fr website, you are deemed to have accepted these terms & conditions. Any order confirmed by you shall imply your total acceptance of these terms & conditions of sale, without exception or reservation.

All data that is provided and the recorded confirmation of the order shall be deemed proof of the transaction. 

You acknowledge that you fully understand the foregoing.

By confirming your order, you are accepting all of the operations performed.

A summary of your order, together with these terms & conditions of sale, shall be sent in pdf format to the email address used when confirming the order.

Article 5 - Payment

By validating your order, you are accepting your obligation to pay the price that is shown.

The payment of your purchases is made by credit card, using the ATOS secure system.

The card shall only be debited once the order is shipped. In the event of a segmented order, only those products that are shipped shall be debited.

Article 6 - Withdrawal

In accordance with the terms of article L.121-21 of the Consumer Code, you are entitled to a 14-day cooling-off period as of the time you receive your products, during which you may exercise your right of withdrawal, and to do so with no cause and free of any penalty.

Any returned goods should be sent in mint condition and complete (with undamaged packaging). In this regard, you shall be liable. Any damage to the goods on that occasion could lead to the voiding of your right of withdrawal.

The shipping costs of returned goods shall be paid for by the customer.

In the event that a customer uses his right of withdrawal, COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER shall refund the monies paid within 14 days of receiving your request. The method of payment shall be the same one as used when the order was placed.

RIGHT OF WITHDRAWAL - EXCEPTIONS  

In accordance with the terms of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to the following transactions:  

  • The supply of goods or services whose price is dependent on financial market fluctuations that are beyond the control of the supplier and that may happen during the cooling-off period
  • The supply of goods that were produced according to consumer specifications or that were clearly customised
  • The supply of goods that are likely to deteriorate or to spoil within a short time
  • The supply of goods that were unsealed by the customer after delivery and that cannot be returned on the grounds of hygiene or health protection
  • The supply of goods which, once they were delivered and on account of their nature, have been mixed with other items into an undividable whole
  • The supply of alcoholic drinks whose delivery is delayed by thirty days or over and whose value, agreed upon at the signing of the contract, is dependent on financial market fluctuations that are beyond the control of the supplier.

Article 7- Availability

If a product is listed on the www.nougat-boyer.fr website, it means that it is on sale, subject to stock availability. For those products that are not stored in our stock, our offers are valid subject to availability at our suppliers’.
In the event that a product is not available once you have ordered it, we shall notify you by email. Your order shall then be cancelled and no bank debit shall take place.

Article 8 - Shipping

The products are delivered to the shipping address indicated when the order was placed, and within the time specified on the order confirmation page.

In the event of a delay in shipping, you will receive an email informing you about any change in the delivery date that you were given when you placed the order.

In accordance with the law, in the event of a delay in shipping, you are entitled to cancel the order under the terms and conditions specified in article L 138-2 of the Consumer Code. In the event that you receive the product in the meantime, we shall refund you the price and shipping cost under the terms and conditions specified in article L 138-3 of the Consumer Code. 

In the event of a delivery by courier or by post, COMPAGNIE D’ANCONE / NOUGAT ANDRE BOYER shall not be liable for a late delivery due solely to the customer being unavailable after several attempts.

Article 9 - Warranty

All of our products come under the legal compliance warranty and latent defects warranty, as mentioned in articles 1641 et seq. of the Civil Code. Any product that is sold and found to be non-compliant may be returned and exchanged or refunded.

All complaints and requests for exchange or refund must be sent by email or by post within 30 days of the delivery.

All products must be returned in the condition in which you received them, complete with all elements (product packaging). Shipping out costs will be refunded to you at the invoiced rate, and return shipping costs will be refunded against receipts.

The terms of this article do not deprive you of your right of withdrawal as shown in article 6. 

Article 10 - Liability

The products sold on the website are in full compliance with current French law. COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER shall not be liable in the event that the delivery might be breaking the law of another country where a product is being delivered. It is your responsibility to check with local authorities the terms under which the products or services which you intend to order may be imported into your country.  

Moreover, COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER shall not be liable for damages subsequent to inappropriate use of the purchased product.

Lastly, COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER shall not be liable for any inconvenience or damages arising from the use of Internet, including a breakdown in service, an outside intrusion or the presence of a computer virus.

Article 11 - Applicable law

This contract is an English translation of an original written in French. These terms & conditions of sale are subject to French law. In the event of a dispute, French courts shall be the sole courts of competent jurisdiction.

Article 12 - Intellectual property

All of the elements on the www.nougat-boyer.fr website are and remain the sole intellectual property of COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER. Any reproduction, reuse, redistribution or any use for any purpose whatsoever of any website elements, whether in whole or in part, whether software, visuals or sounds, is strictly prohibited. No link, whether simple or via hypertext, is permitted without prior explicit, written approval from COMPAGNIE D’ANCONE/NOUGAT ANDRE BOYER.    

Article 13 - Personal data

COMPAGNIE D’ANCONE /NOUGAT ANDRE BOYER reserves the right to collect your personal details. These are required in order to process your order, as well as to improve the services and the information that we provide.

The foregoing personal details may also be sent to companies that are involved in the relationship, such as those in charge of performing services and processing orders from execution to payment.

The foregoing information and details are also stored for security purposes, in accordance with our legal and regulatory obligations.

In accordance with the Act of January 6th, 1978, you are entitled to rectify, modify, and delete any personal details about you, directly on the website. 

Article 14 - Archiving, Proof

COMPAGNIE D’ANCONE / NOUGAT ANDRE BOYER shall store all order forms and their invoices on a reliable, durable medium, thereby securing an accurate copy in accordance with the terms of article 1348 of the Civil Code.  

The computer archives at COMPAGNIE D’ANCONE/ NOUGAT ANDRE BOYER shall be accepted by all relevant parties as proof of the communications, orders, payments and transactions that took place between the parties.