Terms and conditions

  • I - Object

    The object of the present terms of sale is to inform any potential consumer of the conditions and terms under which the seller undertakes the sale and the delivery of the ordered goods and to define the rights and the binding agreements of the parties in the within the limits of the sale of products by the seller to the consumer. They apply to all the sales by UPF COUFIDOU, of the products proposed on the COUFIDOU website (www.coufidou.com) without limitation or reservations.

    Accordingly, the fact of ordering a product on sale on the Coufidou website presupposes the full and complete acceptance of the present terms of sale which the Buyer admits to having examined prior to ordering.

    The products are on sale on the following geographical territories : metropolitan France and international.

    The Buyer, prior to ordering, states :

    • that the purchase of products on the Coufidou website has no direct link with his occupation and is limited to a strictly personal use ;
      • being fully and legally qualified to bind himself to the terms of sale.
      Coufidou reserves the right to modify at any time the present terms of sale.

    • II.IDENTITY OF THE COMPANY

      COUFIDOU is a brand of the Union of the Plum growers of France (UPF)
      Company’s head : BP 46 – ZI du Rossignol
      47110 Sainte Livrade sur Lot
      R.C.S. Villeneuve-sur-Lot Siret 351 296 223 000 16
      Tel : 05 53 01 01 90 Fax : 01 55 35 82 01
      Contact mail : commercial@upf-coufidou.com

    • III. ADMISSION TO THE SITE

      The Buyer makes it his own business to set the computer and telecommunication technology necessary providing access to the website www.coufidou.com . The telecommunication and internet charges will be entirely covered by the Buyer.

    • IIV. FORMATION OF THE CONTRACT AND ORDERS

      • 4.1. Characteristics of the products

        Within the terms of article L. 111-1of the consumer code, the Buyer can, prior to ordering, examine the main characteristics of the product or products he wants to order on the Coufidou website.

        The Buyer selects one or several products among the various ranges on sale on the Coufidou website.

        The customer’s order will be satisfied within the limits of the stock available on the logistic platform of Coufidou.com. or subject to the orders awaiting delivery by its suppliers.

        When ordering a single item, the unavailability of the item leads to the sending of a mail warning the Buyer of a stock shortage and of the restocking delivery date. In case of more-than-5-day restocking, Coufidou reserves the right to propose an equivalent item to the customer or to cancel the order and to pay the customer back.

        When ordering various items, the unavailability of one of the ordered items leads to the sending of a mail warning the Buyer of the stock shortage. Coufidou reserves the right to propose a similar item or to cancel the order and pay it back.

        When ordering a product whose availability is deferred, the bulk of the order will be sent only once all the products are available. If the customer wishes to receive the available products faster, he is advised to order these items separately.

        Coufidou reserves the right to modify the product range in respect to the constraints tied to its suppliers.

        The photographs, graphics and descriptions of the products on sale are only indicative and can in no way bind the seller.

        In case a supplier should modify a product, its graphic representation cannot bind the seller or invalidate the sale.

      • 4.2. Price list

        The prices in euros displayed on the Coufidou website are the current prices at the time of of the recording of the order by the Buyer. Transport is not included in the price showed on the product card.

        The price total showed on the summary of your order is the final price. This price includes the final price of the order with the detail of each product and the transport charges.

        All the prices are inclusive of tax (they include VAT).

        The sale prices of the products can be modified by Coufidou at all times. This modification will be notified to the Buyer before any order.

      • 4.3. Order

        The recording of an order to the Coufidou website boutique by the buyer is executed when the Buyer clicks on the choice means of payment on the page “Payer ma commande” (pay my order).

        In addition to the acceptance of the content of the order, the recording includes the acceptance of the current terms of sale and constitutes a proof of the date of entry.

        The order of the Buyer will have to be confirmed by mail by Coufidou.

    • V. PAYMENT

      The payment can be done by the Buyer when ordering. At no time can the amount paid be considered as a deposit or a down payment. All the orders are due in euros.

      Coufidou reserves the right to suspend or cancel any order and/or delivery, whatever the nature and the level of fulfilment, in case of the non-payment of any amount due by the Buyer or in case of payment trouble.

      To pay the order, the Buyer can use the following means of payment :

      • Carte Bleue/Visa/Master Card

      • The Coufidou.com boutique uses the Sherlocks secure payment system of the Crédit Lyonnais in order to guarantee a maximum security to its customers.
        This system is the most reliable secure system for transactions on the Internet SSL. (Secure Socket Layers). When paying by credit card, the customer quits www.coufidou.com and enters the site of the bank LCL Paiement Sherlocks accessible via https secure protocol.
        The information asked the customer concerning his credit card are then forwarded to LCL Sherlocks (Banque Le Crédit Lyonnais) and only to them. The information transfer is perfectly secure thanks to this encryption program. Coufidou does not know at any time the information pertaining to the customer’s credit card. The sale is definitive when and only when the payment on the secure Paiement LCL site has been accepted and the order confirmed by Coufidou.
        Within the context of fighting against fraud on Internet, the information pertaining to your order could be forwarded to a third party for checking.

      • Cheque
      • The sale will be considered as concluded and therefore will be sent upon receipt and cashing of the cheque.

      The data recorded by the Coufidou computer system are proof of all the transactions between Coufidou and its customers. Coufidou reserves the right to turn away or to cancel any new order by a customer with whom there is a dispute.

    • VI. SELECTION OF PRODUCTS

      Having examined the products marketed by Coufidou and their characteristics, the Buyer is entirely responsible for his selection of the product or products he has ordered, according to the needs he has determined before ordering.

      Moreover, the Buyer being the only person to know the products he has and uses, is the only person fit to decide whether the ordered products are compatible with those he uses.

      It is entirely up to the Buyer, if he does not deem himself competent enough, to require the advice of a consultant.

    • VII. DELIVERY AND RECEIPT

      • 7.1. General rules

        The products will be delivered to the address given by the Buyer on the order form, in metropolitan France or outside France.
        By default, bills will be sent to the mail address given by the Buyer when recording the order.
        Owing to the non-respect of the procedures mentioned above, no complaint from the Buyer will be accepted.

        The orders are processed from Monday to Friday. Subject to the availability of the products, Coufidou will do its best to send the order within the time limit showed on the product card with effect from the day following the day of the execution of the order by the Buyer. The delivery date mentioned on the order is only indicative and has no binding value.

        When ordering, the Buyer gives under his own responsibility the following information : Mail address – Surname and first name – address (number of street or avenue) and building (number and/or letter) – Town – Postal code – telephone

        In case of a misspelling of the address of the recipient, Coufidou will not be held responsible for the non-delivery of the goods. In that case, as in the case of cancelling the order by the Buyer after it has been sent, the transport charges will not be refunded to the customer by Coufidou.

        The bill will be sent to the customer by mail as soon as the parcel has left the logistic platform.

        The data recorded by the Coufidou computer system are proof of all the transactions between Coufidou and its customers.

      • 7.2. Delivery area

        The delivery area comprises metropolitan France, Corsica and the countries of the European Union.
        The current transport charges for each area can be looked up in our help pages, under the heading “délais et frais de port” (time limits and transport charges).
        Coufidou chooses the freighter when processing the order.
        A possible delay in delivery does not enable the Buyer to ask for damages by Coufidou.
        Coufidou is relieved of his obligation to deliver in case of absolute necessity such as war, demonstrations, fire, strikes, accidents, natural disaster and impossibility of getting supplies from a supplier.

        It is well understood that the goods are shipped at the risks of the recipient. Coufidou imperatively asks that you check your parcel on receipt.

        If the recurrent absence of the customer should lead to a return of the products to Coufidou, the return transport and other charges will be charged to the customer.

        In case of ullage or damage to parcel and goods, or any doubts as to the condition or the content of the parcel, the Buyer must refuse the goods by noting immediately the irregularity on a report to the delivery man and by reporting the incedent to Coufidou by mail under the heading “contact”.

      • Changing the delivery address

        You can change your delivery address as long as your order has not been sent. Click on the key “modifier cette adresse” (change this address) then complete the address form either by entering the new address or by using your address book.

        You can change your address and telephone number for each new order. When entering the billing address, tick “adresse de livraison différente” (different delivery address). Do not hesitate to contact our customer service at 01 55 35 82 00 for any more information.

    • VIII. RIGHT OF RECANTATION

      For all the products excepted fresh products and in accordance of article L. 120-20 of the consumer code, the Buyer is allowed to seven clear days with effect from the date of receipt to return for refund at his own expense the ordered products.

      The products must imperatively be returned to Coufidou in their original condition (packing, accessories, brochure...), duly sealed and along with the delivery note, signed and bearing the handwritten mention “bon de retour” (return note).

    • IX. RESERVE OF OWNERSHIP

      Coufidou keeps the unrestricted ownership of the sold products until full payment of the price, in principal, inclusive of charges and taxes.

    • X. RESPONSIBILITY

      Coufidou cannot be held responsible for the non-fulfilment of the contract in case of stock shortage or unavailability of the product in case of absolute necessity, breakdown or total or go-slow strike in particular in postal services and means of transport and/or communications.

      Coufidou cannot be held responsible for any indirect damage that could occur because of the purchase of the products.

      Coufidou cannot be held responsible for any loss of data or files. It pertains to the Buyer to make all the necessary copies or backups.

      The Coufidou site also contains information from third parties, and links to other websites. Coufidou cannot be held responsible for any damage arising from the use, the access to, or the inability to use these third parties information, or from the content of the other websites.

    • XI. PARTIAL NON-VALIDITY

      If one or several provisions of the current terms of sale are deemed to be invalid or are declared such in application of a law, a rule or following a final decision of a competent jurisdiction, all the other provisions will keep their force and their consequences.

    • XII. NON-WAIVER

      The fact for one the parties not to take advantage of a violation of one of the obligations of the current terms of sale by the other party should not be understood in the future as a waiver of the said obligation.

    • XIII. APPLICABLE LAW AND COMPETENT JURISDICTION

      The sales of the Coufidou Company products are subject to French Law. Any dispute arising from the interpretation, execution or breach of the contract concluded between Coufidou and the Buyer, even in case of multiplicity of defendants will be, for lack of mutual agreement, of the exclusive jurisdiction of the law courts of Agen.

    • XIV. “INFORMATIQUE ET LIBERTES”

      The information gathered by Coufidou when the Buyer placed his order are necessary to the handling of his order by Coufidou and its trading partners. In accordance to the law “Informatique et Libertés” n° 78-17 of January 6th 1978, the Buyer has a right of access, adjustment, opposition to and deletion of the data concerning himself with Coufidou.

      Through the agency of Coufidou, the Buyer can receive commercial propositions from other agencies or companies, or be notified of the offers by Coufidou. If the Buyer wishes to receive these propositions, he can notify Coufidou by mail or e-mail under the heading “contact”.

      Coufidou reserves the right to implant cookies in the computer of the visitors of its website. A cookie does not allow us to identify the Buyer. Generally speaking, it records information pertaining to the Buyer’s surfing coufidou.com (pages consulted, date and time of the consultation, etc...)that Madeleine Market can read on the Buyer’s ulterior visits. In this particular case, it contains the information the Buyer has just supplied. Therefore he will not need to fill in the entry form again on his next visit.