GENERAL CONDITIONS OF SALE
These General Conditions of Sale (hereinafter the “GTC”) are offered by Le Goudalier Limited, a company registered in Ireland under number 692668, whose registered office is:
13 Adelaide Road
We will hereinafter designate:
“Site”: the site https://legoudalier.com and all of its pages.
“Products” or “Services”: all products (food and materials) and services (services) that can be purchased or subscribed to on the Site.
“Seller”: Le Goudalier, legal or natural person, offering its Products or Services on the Site.
“Customer”: the Internet user, professional, making a purchase of Product(s) or Service(s) on the Site.
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully. The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.
Article 1 – Application of the T&Cs and purpose of the Site
The Seller reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site.
The GCS applicable to the Customer are those in force on the day of his order on the Site.
The legal information concerning the host and the publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.
This Site offers the online sale of food, alcohol, hygiene, household and beauty products.
The Site is open and free to all Customers. The acquisition of a Product or a Service supposes the acceptance, by the Customer, of the entirety of the present GCS, who recognizes by the same fact to have read them fully.
This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these GCS, having for example the mention “I acknowledge having read and accepted all the general conditions of the Site”. Ticking this box
will be deemed to have the same value as a handwritten signature from the Client.
The acceptance of these GCS assumes on the part of the Customers that they have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.
The Customer recognizes the proof value of the Seller’s automatic recording systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
The Publisher makes available to the Client, on its Site, a confidentiality charter specifying all the information relating to the use of the Client’s personal data collected by the Publisher and the rights the Client has vis-à-vis the Client. with respect to this
Article 2 – Creation of a customer account
The creation of a “customer account” is a prerequisite for any Customer order on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, his age (for alcohol), this list does not not being exhaustive. As such, the Customer undertakes to provide accurate information.
The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change.
The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The Customer registered on the Site has the possibility of accessing it by logging in using his identifiers (e-mail address defined when registering and password) or possibly by using systems such as third-party social network connection buttons .
The Customer is entirely responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the Customer has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer’s account.
The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only a character informative.
The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they have only an informative character intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example having any exhaustive character, when the Customer has knowingly provided
erroneous information, when registering and of the creation of his personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts justify it.
Article 3 – Method of subscribing to orders and description of the purchasing process
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered within the limits of available stocks.
Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier. It should be noted that the seller may, if necessary, and at any time if, for example, he has not received the correct products from the supplier or that the latter has received an equivalent following stock shortages from the supplier, proceed to an exchange without notifying the customer. The exchanged product will always be of equal or higher value than the original product.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
We will define below as “Basket” the immaterial object grouping all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his “Basket”, the content of which may be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their price.
If he wishes to validate his order, the customer must then accept the terms and conditions of sale.
Once validated, the Customer can continue the purchase process. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, necessary for the smooth running of the order. Before proceeding to payment, the Customer must tick the box relating to the ratification of these GCS and click on the validation button.
All orders placed on the Site must be duly completed and must specify this necessary information.
The Customer may make changes, corrections, additions, or cancel the order, and this, until its validation.
Once the Customer has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these GCS relating to payments. After a few moments, the Customer will be sent an e-mail
confirming the order, reminding him of the content of the order and the price thereof.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 – Price and terms of payment
Unless otherwise stated, the prices appearing in the catalog are prices in Euros including all taxes (TTC) and excluding any participation in processing and shipping costs.
The price of the Products is not negotiable by the Buyer.
Le Goudalier reserves the right at any time to modify its prices and to pass on, if applicable, any change in the rate of VAT in force on the price of the Products or Services offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by credit card or bank transfer. Credit card payments are made through secure transactions provided by an online payment platform provider.
The order will only be shipped when full payment for the order has been received and cashed by Le Goudalier.
This Site does not have access to any data relating to the Customer’s means of payment. Payment is made directly to the bank or payment provider receiving payment from the Customer. In the event of a bank transfer, the delivery times defined in the “Deliveries” article of these GCS only begin to run from the date of effective receipt of payment by the Seller, the latter being able to provide proof of this by all means.
Le Goudalier will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy.
The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 – Deliveries / Rental
The delivery costs will be indicated to the Customer before any payment and only concern deliveries made in Ireland. For any other place of delivery, it will be up to the Customer to contact Le Goudalier.
12.50 euros if you have fresh products in the package.
10 euros if you only have dry products.
Free delivery from 50€ of purchases.
The weight of your package(s) is determined by taking into account the weight of the product and its packaging. The packaging weight is added to the weight of the product itself during the order phase and is not displayed in the product data sheet.
The maximum load per package is 25 kg for European Union countries and 20 kg for all other countries.
The order will be shipped to Ireland in increments of 25kg per package. The Customer must pay the shipping costs for each of his packages.
Packages are generally shipped within 48 working hours after receipt of your payment by DPD, which is a courier independent of the Seller. Le Goudalier has no right of inspection for me on the terms of delivery. The customer will have to arrange directly with DPD for the times of passage and in the event of modifications.
In the event of delivery outside the European Union, the Customer is informed that customs duties and other taxes will be applied.
In the event of delivery of a Product outside the territory of the European Union, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the products within a maximum period of forty (40) days after the conclusion of the contract with a Customer.
No penalty or damages will be due by the Seller to the Customer when the delay in delivery alleged by the Customer or when the impossibility of unloading the Products by the carrier within the time slots validated by the Customer himself, is due to a circumstance beyond the control of the Seller such as force majeure, disaster, strike, administrative decision, stoppage of transport, or any circumstances beyond the Seller’s reasonable control and/or traffic conditions and/or an attributable fact, in whole or in part, to the Customer or to the carrier or to a third party. In the event of the occurrence of such an event, the Seller will inform the Customer by e-mail. In any case, in the event of the occurrence of such an event,
The Buyer or one of its duly authorized agents undertakes to verify:
The apparent condition of the packages (number of products, good condition of the products, etc.)
The condition of the products inside the package(s) (even if the packaging seems impeccable/intact), as well as the good conformity of the products in relation to the delivery note on the one hand and the goods ordered on the other go.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the products shipped by Le Goudalier (damage, Product missing from the delivery note, etc.); any anomaly must then imperatively be indicated by the Customer to the carrier, in the form of handwritten reservations, accompanied by the Customer’s signature.
In the event of damage to the package, breakage or any other problem related to the delivery and the carrier, the Customer must contact the Seller directly within 7 days from the day of receipt of the package in order to explain the problem. . This clause excludes the theft of packages in the event of non-presence at home; bad reception, an error of the Customer on his address.
In the absence of a reservation and written confirmation under the above conditions, the Buyer’s order will be deemed delivered in conformity and any subsequent complaint will be deemed inadmissible.
To exercise his right of refusal, the Customer must show the damaged or defective package(s) in the presence of the carrier. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer’s request to exercise the right of refusal.
If the Customer’s package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.
Any delay in delivery in relation to the date or deadline indicated to the Customer when ordering or, in the absence of indication of date or deadline when ordering, greater than forty (40) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Customer, at his written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, he has not complied. The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
The Seller will not be responsible for delivery times due to bad weather, health crisis, carrier strike and peak traffic, especially before and during the end of year holidays.
In the event of peaks in activity or in the event of temporary difficulties in preparing your orders, additional preparation time may be necessary.
All of our delivery times are given for information only and have no contractual value.
Customs prohibitions and restrictions.
It is up to the customer to check with the local authorities of the country where the goods are to be delivered if these products or goods are not subject to additional information, specific import restrictions or outright bans.
Our company is relieved of all liability in the event of non-delivery of goods that may be prohibited or require special customs clearance by the recipient in the country to which they are shipped.
Electronic device rental.
You will be asked for a deposit, the price is fixed according to the device.
The Seller will take a photograph of the device before its withdrawal, and will use it in the event of a dispute upon receipt.
The seller will test the device and reserves the right to keep the deposit, in the event of malfunction, loss of utensil or part of the machine, deterioration (scratch, breakage, crack, etc.) or if the device is made dirty, burnt or broken.
Article 6 – Right of withdrawal
In accordance with the Consumer Code, and if the right of withdrawal is applicable, the Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for the services, to withdraw. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by Le Goudalier of the refund request.
The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories.
It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if the latter, due to its nature, cannot normally be returned by post.
If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
It is recommended that the Customer make the return using a solution allowing the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.
Reimbursement will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another method of payment, and insofar as the reimbursement does not give rise to costs for the Customer.
The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place. .
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
For food products, no Product return is possible.
Article 7 – Exceptions to the right of withdrawal
The Site offers the sale of the following Products, for which the Customers’ right of withdrawal cannot apply: goods liable to deteriorate or expire rapidly, goods which have been unsealed by the consumer after delivery and which may be returned for reasons of hygiene or health protection. For Fresh Food Products, no return is possible.
The Customer acknowledges having read this list, notified prior to the sale in these GCS.
Services starting immediately after purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressed an express waiver of his right of withdrawal. The right of withdrawal cannot be exercised in the context of the supply of digital content not provided on a material medium, the execution of which began before the end of the withdrawal period with the Customer’s express waiver of his right of withdrawal.
The right of withdrawal between professionals applies when:
- The contract is concluded outside the establishment
- The object of the contract does not fall within the main field of activity of the company
- The purchasing company does not employ more than one employee
Article 8 – Product Warranty
Legal warranty against hidden defects
According to the articles of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore did not result from wear and tear normal operation of the Product, for example), and sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have bought at such a price if he had known about the defect).
Section 9 – Customer Service
The customer service of this Site is accessible by e-mail at the following address: firstname.lastname@example.org or by post at the address indicated in the legal notices.
Le Goudalier also provides its Customers with a hotline, or telephone assistance, to answer their questions.
Hotline can be contacted by telephone on +353 (0)87 408 7531
Article 10 – Liability
The Seller Le Goudalier cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise.
The choice and the purchase of a Product or a Service are placed under the sole responsibility of the Customer. He must be over 18 to place an order.
The Customer will be responsible for verifying the composition of the products, and for storing them correctly.
The Seller will not be liable in the event of an allergy or food poisoning.
In case of withdrawal or recall of defective products, in order to prevent their consumption after distribution, by one of the distributors, the Seller will not be held responsible and will not have to proceed to a refund or an exchange. The Customer must then contact the distributor directly. A withdrawal or recall occurs when the product does not comply with the laws in force and threatens food safety.
The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller’s liability.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist.
In any case, Le Goudalier can in no way be held responsible:
- Any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
- D’un dysfonctionnement, d’une indisponibilité d’accès, d’une mauvaise utilisation, d’une mauvaise configuration de l’ordinateur du Client, ou encore de l’emploi d’un navigateur peu usité par le Client ;
- Du contenu des publicités et autres liens ou sources externes accessibles par les Clients à partir du Site.
Les photographies et visuels des Produits présentés sur le Site n’ont aucun caractère contractuel, la responsabilité du Vendeur ne saurait donc être engagée si les caractéristiques des Produits diffèrent des visuels présents sur le Site ou si ces derniers sont erronés ou incomplets.
Article 11 – Droits de propriété intellectuelle
Tous les éléments du présent Site appartiennent au Vendeur, ou sont utilisés par le Vendeur avec l’autorisation de leurs propriétaires.
Toute reproduction, représentation, adaptation des logos, contenus textuels, pictographiques ou vidéos, sans que cette énumération ne soit limitative, est rigoureusement interdite et s’apparente à de la contrefaçon.
Tout Client qui se rendrait coupable de contrefaçon serait susceptible de voir son compte supprimé sans préavis ni indemnité et sans que cette suppression ne puisse lui être constitutive d’un dommage, sans réserve d’éventuelles poursuites judiciaires ultérieures à son encontre, à l’initiative du Vendeur.
Les marques et logos contenus dans le Site sont susceptibles d’être déposés par Le Goudalier. Toute personne procédant à leurs représentations, reproductions, imbrications, diffusions et rediffusions encourt les sanctions prévues aux articles L.713-2 et suivants du Code de la propriété intellectuelle.
Article 12 – Indépendances des clauses
Si une disposition des CGV est jugée illégale, nulle ou pour toute autre raison inapplicable, alors cette disposition sera réputée divisible des CGV et n’affectera pas la validité et l’applicabilité des dispositions restantes.
Ces présentes CGV remplacent tous accords antérieurs ou contemporains écrits ou oraux. Les CGV ne sont pas cessibles, transférables ou sous-licenciable par le Client lui-même.
Une version imprimée des CGV et de tous les avis donnés sous forme électronique pourra être demandée dans des procédures judiciaires ou administratives en rapport avec les CGV. Les parties conviennent que toute la correspondance relative à ces CGV doit être rédigée dans la langue anglaise.
Article 13 – Droit applicable et médiation
Les présentes CGV sont régies par et soumises au droit Irlandaise.
Sauf dispositions d’ordre public, tous litiges qui pourraient survenir dans le cadre de l’exécution des présentes CGV pourront avant toute action judiciaire être soumis à l’appréciation de l’Editeur du Site en vue d’un règlement amiable.
Il est expressément rappelé que les demandes de règlement amiable ne suspendent pas les délais ouverts pour intenter les actions judiciaires. Sauf disposition contraire, d’ordre public, toute action judiciaire relative à l’exécution des présentes CGV devra être soumise à la compétence des juridictions du ressort du lieu du domicile du défendeur.