General terms of sales

SASU TRAPON CHAMPIGNONS
The present general terms and conditions of sale are concluded between:

On the one hand: the company "SASU TRAPON CHAMPIGNONS", 109 Avenue de Lyon, 63600 AMBERT, with a capital of €8,000, registered under Siren 491160750 at the RCS of Clermont-Ferrand / Intra-community VAT number FR76 491160750, owner of the trade name "Trapon Champignons" and the website https://www.traponchampignons.fr/ created by Openstudio, 5 Rue Jean Rochon, 63000 Clermont-Ferrand, and hosted by Nursit, 2 Allée du Clos des Hydrangeas, 59700 Marcq en Baroeul, hereinafter referred to as "the seller".

On the other hand: any person wishing to make a purchase on the website www.traponchampignons.fr, hereinafter referred to as "the buyer".
The general terms and conditions of sale described below detail the rights and obligations of the company TRAPON CHAMPIGNONS and its customer in the context of the sale of the following goods: wild and cultivated mushrooms.

Any service performed by the company TRAPON CHAMPIGNONS therefore implies the buyer's unconditional acceptance of these general terms and conditions of sale.

Item No. 1: Price
The prices of the products may change between the time the order is placed and the day the products are picked up. In the event of a price change (upward or downward), the prices applicable to each order will be those in effect on the day of the order (and not on the day of delivery of the products).

The prices of the products are indicated in Euros, all taxes included (T.T.C.). The prices are subject to French VAT, based on their tax classification, and any change in the legal rate will be reflected in the prices of the products presented on the site, on the date specified by the applicable decree.

In case of a data entry, printing, or calculation error resulting in a price lower than the usual price, the customer will be charged the lowest price unless this price is obviously insignificant, meaning it does not relate to the actual value of the ordered product. In this case, the order, even if it has been automatically confirmed by the seller, will be canceled. The customer will then be informed as soon as possible so that they can, if they wish, place a new order.

Item No. 2: Promotional Offers
The prices offered include discounts and rebates that TRAPON CHAMPIGNONS may grant based on its results or on the assumption of certain services by the buyer.

Item No. 3: Discounts
No discount will be granted for early payment.

Item No. 4: Payment Terms
Payment for orders is only accepted by credit card using the Payzen module provided by Banque Populaire.

The online provision of the credit card number, expiration date, and CVV code specific to the credit card used constitutes proof of the customer's consent and will result in the amounts due under the order becoming payable.

As the website administrator, TRAPON CHAMPIGNONS reserves the right to suspend the transmission of any order to the seller in the event of refusal of authorization for payment by credit card from officially accredited organizations or in case of non-payment. Similarly, TRAPON CHAMPIGNONS reserves the right to refuse to fulfill an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

Item No. 5: Late Payment
In the event of total or partial non-payment of goods delivered by the due date of the invoice, the buyer must pay TRAPON CHAMPIGNONS a late payment penalty equal to three times the legal interest rate.

The legal interest rate used is that in effect on the day of delivery of the goods.

This penalty is calculated on the total amount including taxes remaining due, and runs from the due date of the price without any prior notice being required. In addition to late payment penalties, any amount, including the deposit, not paid by its due date will automatically entail the payment of a lump-sum indemnity of 40 euros for recovery costs.

Articles 441-6, paragraph 12 and D. 441-5 of the Commercial Code.

Item No. 6: Resolutive Clause
If within fifteen days following the implementation of the "Late Payment" clause, the buyer has not settled the amounts still due, the sale will be automatically resolved and may entitle TRAPON CHAMPIGNONS to claim damages.

Item No. 7: Retention of Title Clause
TRAPON CHAMPIGNONS retains ownership of the goods sold until full payment of the price, in principal and accessories. Therefore, if the buyer is subject to receivership or judicial liquidation, TRAPON CHAMPIGNONS reserves the right to reclaim, within the framework of the collective procedure, the goods sold and unpaid.

Item No. 8: Shipping and Fees
Participation in shipping costs is calculated according to the rates of La Poste / Chronofresh, at the location indicated by the buyer on the order form. The delivery time indicated during order registration is provided for guidance only and is not guaranteed. Consequently, any reasonable delay in the delivery of products cannot lead to:

Compensation for damages;

Cancellation of the order. In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the transport document upon receipt of said goods.

Item No. 9: Order History
Trapon Champignons retains a computerized record of orders placed by customers. This storage is carried out on a reliable and durable medium to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.

Item No. 10: Use of Cookies
Navigation on the website may be facilitated by the use of cookies. If this is the case, the customer may, at any time, disable these cookies free of charge using the disabling options provided on their browser, knowing that this may reduce or prevent access to all or part of the features offered by the site.

Item No. 11: Deactivation of Customer Account
In the event of non-compliance by the customer with the general terms and conditions of sale, Trapon Champignons reserves the right to deactivate, automatically and without compensation, the customer's account, after sending an email or a registered letter with acknowledgment of receipt as a formal notice, which remains ineffective for more than 30 days.

However, it is specified that in cases of clear and significant breach by a customer, the deactivation of their account will occur automatically, without prior notice, formality, or compensation.

Customers wishing to deactivate their account can do so by sending an email or a registered letter with acknowledgment of receipt to the Customer Service, at the address indicated on the website. Account deactivation will be completed within a maximum of 7 days from the receipt of this request.

Item No. 12: Personal Data
The use of personal data complies with the provisions of Law No. 78-17 of January 6, 1978, and Directive of April 27, 2016 (GDPR). Trapon Champignons undertakes not to disclose to any third party the data provided by customers, whose anonymity to the public is guaranteed by the use of identifiers chosen by them.

The information collected is strictly confidential and will only be used within the framework of Trapon Champignons' operations. In accordance with the French Data Protection Act of January 6, 1978, users have the right to access, and if necessary, to modify, rectify, delete, and oppose their personal data.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, users are informed that they have a right to access, rectify, and object to data concerning them by writing to the website operator at the following address: www.traponchampignons.fr .

Item No. 13: Force Majeure
Trapon Champignons shall not be liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a force majeure event. Force majeure includes any external, unpredictable, and irresistible event as defined in Article 1148 of the Civil Code.

Item No. 14: Jurisdiction
Any dispute relating to the interpretation and execution of these general terms and conditions of sale shall be governed by French law. In the absence of an amicable resolution, the dispute shall be brought before the registry of the commercial court chosen and defined as competent by the customer.