Article 1 – Definitions
« Hotu Vanilla » means the company Hotu Vanilla, registered in the Papeete Companies Register under number RCS 06 346 A – Tahiti N ° 768 713 whose registered office is located in Raiatea – Faaroa Pk 20.800 sea side, Maraeroa district – French Polynesia, email : info@hotu-vanilla.pf
« hotu-vanilla.pf » : designates the website https://www.hotu-vanilla.pf on which the Products are marketed.
« Customer » : refers to any legal or natural person placing an order for Products on hotu-vanilla.pf.
« Products » means the items offered for sale on hotu-vanilla.pf, in accordance with these general conditions.
Article 2 – Purpose
This contract concerning the products sold on the hotu-vanilla.pf site is concluded between Hotu Vanilla and the Customer within the framework of an Internet sales system. Any order implies full and unreserved acceptance of these general conditions of sale by the Customer. The Customer agrees to read these general conditions before placing an order.
Article 3 – Order
The Customer has the possibility of placing his order on hotu-vanilla.pf. By clicking on the box provided for this purpose, the Customer transmits the order, accompanied by the general conditions, to HOTU VANILLA. This electronic transmission will constitute valid proof of acceptance of the general conditions by the Customer. As soon as the order is placed online and after checking the availability of the products in stock, the Customer will receive by email or fax an acknowledgment of receipt from HOTU VANILLA confirming the registration of the order. The sale is final only after receipt by the Customer of the order confirmation and after full payment of the price by the customer. In the event that the products are shipped before full payment of the price, HOTU VANILLA would have the right to obtain the return of the products if it turns out that the customer does not honor the full payment for his order.
Article 4 – Price – Payment
The prices indicated on the hotu-vanilla.pf site are stated in EURO. Value Added Tax (VAT) and various applicable duties depend on the circumstances of the sale and the products. They are mentioned on the acknowledgment of receipt of the order. The shipping costs are invoiced in addition and depend on the place of delivery. The selling prices of the products are those in effect at the time of the order. Prices may vary depending on exceptional events beyond the control of HOTU VANILLA, which under these conditions reserves the right to modify its prices according to these changes. Payment on delivery is not possible. Payment for purchases is made by the payment chosen when ordering.
Payment by credit card : The credit card used must be a Visa, Mastercard or American Express. Banking information does not circulate in the clear on the Internet. They are encrypted on the Customer’s computer. No credit card number is stored at HOTU VANILLA. Payment will only be considered final after effective collection of funds by HOTU VANILLA. If payment has not reached HOTU VANILLA within eight days of the order, the order will be automatically canceled.
Article 5 – Retraction
The customer has, in accordance with the law, a withdrawal period of seven (7) working days to return the order in its original packaging, for the purpose of exchange or refund, the return costs being the responsibility of the customer.
Article 6 – Shipping
hotu-vanilla.pf deliveries are handled by Chronopost or “La Poste en recommandé” for the international and national transport of parcels. Delivery is deemed to have been made as soon as the product is made available to the Customer by the carrier, materialized by the delivery of a delivery slip signed by the Customer. In case of absence during the delivery the deliveryman will leave a calling card in the customer’s letterbox.
Article 7 – Reception
The transfer of risks on the products takes place as soon as the products are handed over by HOTU VANILLA to the carrier. Thus, the products travel at the risk and peril of the Customer. The Customer is required to check the condition of the goods on arrival. The carrier cannot oppose the exercise of this right. In the event of damage, the Customer must note it and ask the delivery person to enter it precisely on the receipt before signing the latter. HOTU VANILLA must be informed of any dispute within 24 hours by fax or e-mail. It is up to the Customer to provide all justifications as to the reality of the anomalies observed. If the products delivered do not conform in kind or in quality to the specifications indicated in the delivery note, the customer must, on pain of forfeiture, formulate his complaints within eight (8) days of delivery.
Article 8 – Limitation of liability
It is the Customer’s responsibility to verify, under his own responsibility, that these products can be imported and consumed in the country of consumption. The photographs and graphics presenting the description of the products do not enter into the contractual field, and therefore cannot engage the responsibility of HOTU VANILLA. The Customer is responsible for the choice of products, their conservation from delivery, and their use. The Customer must not consume the products in particular beyond the deadlines indicated on the labeling, nor if it appears that the products have deteriorated, in particular due to the heat, the transport of any other cause. Under no circumstances can HOTU VANILLA be held responsible for any damage resulting from this fact. HOTU VANILLA can not also be held responsible for any relevant non-performance of a case of force majeure, that is to say an event which is unforeseeable, external and irresistible to it, and of which it would not have, in short, the control. These situations, the list is not exhaustive, are in particular: wars, riots, insurrection, interruption of transport or exports, strike, lock-out, shortage, fire, earthquake, storm, floods …
Article 9 – Dispute resolution – applicable law
Disputes arising from the application of these general conditions of sale are subject to French law and fall under the jurisdiction of the Commercial Court of Papeete.