1.1. Placing an Order

Orders are placed via the Website: www.martin-pouret.com

1.2. Confirmation of Order

The Order constitutes acceptance of the price, the characteristics of the Products on the Website and the Product delivery conditions. The Products are proposed for sale subject to available stock. Once your payment has been received, we will confirm as soon as possible the various stages of your order by e-mail (payment confirmed, being prepared, shipped, delivered).
When placing your Order, information on Product availability is indicated. Errors or modifications may exceptionally occur, particularly in periods of high activity (Easter, Mother’s Day, Christmas, etc.). If a Product becomes unavailable after you have placed your Order, we shall inform you by e-mail or telephone, as soon as possible, in which case you will be able to modify or cancel your Order, or choose to wait until the requested Product becomes available again.

1.3. Internet Orders

When ordering for the first time, you will need to create a personal account. To do this, you will be invited to enter an e-mail address and a password and the personal data required to place your Order, in particular your name, postal address, delivery address if different, telephone number and the payment method chosen to validate the Order.
The Order shall be paid for by bank card. You hereby confirm that the bank card you are using is yours. The e-mail address and personal password are proof of your identity and bind you to all Orders placed through them, subject to your right of withdrawal, as defined in article 4 of these Ts & Cs. They have the value of an electronic signature. Your e-mail address and password are your responsibility and you shall be solely responsible for any consequences that may arise from any use by third parties who have knowledge of them, unless this knowledge is the result of a direct fault by Société Française De Diffusion Des Vinaigres D’Orléans.
If you forget your password or if your password is stolen, you can reset it via the “forgotten password” procedure. With your e-mail address and your password, you will be able to access the Website at any time to place your Orders.
You are responsible for the information provided as well as for the Products that are the subject of your Order before you finally confirm it. You may return to your Order at any time to modify it or to rectify any mistakes before confirming it. La Société Française De Diffusion Des Vinaigres D’Orléans cannot be held responsible for any errors made by you when placing your Order.

1.4. Rejection of the order at the initiative of Société Française De Diffusion Des Vinaigres D’Orléans

In compliance with the provisions of article L.122-1 of the Consumer Code, Société Française De Diffusion Des Vinaigres D’Orléans may reject any order or demand early payment, particularly in the event of:
– overdue invoices or insolvency;
– foreseeable problems affecting product delivery;
– the impossibility to prove your legal capacity to purchase or your status as a private individual;
– or an Order placed in bad faith and in particular if Société Française De Diffusion Des Vinaigres D’Orléans finds that you are selling the purchased products.

2.1. Prices

The prices applied are those in force on the day of the confirmation of the Order. Prices are provided in euro, inclusive of taxes, unless otherwise stated on the Website, and excluding Product shipping fees, as indicated in article 3.1 of these Terms and Conditions.
Promotional offers and prices proposed are valid when they are visible on the Website and within the limits of available stocks. We refuse all responsibility for stock shortages or product unavailability.
La Société Française De Diffusion Des Vinaigres D’Orléans reserves the right to modify the prices of the products indicated on the site, without notice.

2.2. Payment of the Order

Orders are payable exclusively in Euros.
The Order shall be paid for by debit card, MasterCard or Visa and your account will be debited as soon as your order is confirmed. Cards issued by banks outside of France must be international bank cards that are accepted in France.
La Société Française De Diffusion Des Vinaigres D’Orléans retains ownership of the products delivered until full payment of invoices and may suspend delivery in the event of late payment and until the order has been paid in full.
In the event of payment incidents on the bank account indicated at the time of placing your Order, the sums due will bear three (3) times the legal interest rate without the need for formal notice.

3.1. Shipping fees

The applicable shipping fees are those in force on the day of the confirmation of the Order. The shipping fees are those in force on the day of the confirmation of the Order.
As shipping fees are independent of Société Française De Diffusion Des Vinaigres D’Orléans, they may change at any time, without Société Française De Diffusion Des Vinaigres D’Orléans being held liable.

3.2. Shipping terms & times

Orders can only be shipped to addresses in mainland France, including Corsica and Monaco. They can only be delivered to a single delivery address per order.
These shipping times take effect from the moment the Order is confirmed by Société Française De Diffusion Des Vinaigres D’Orléans.
Please note that weekends and public holidays may affect shipping times.
The delivery of an Order is considered to have been made when the products have been delivered to the address provided. The transfer of responsibility takes place at that moment.
Transfer of ownership shall take place once full payment, including delivery fees, has been made.
If we do not meet the shipping deadline agreed at the time of the Order, you may cancel your order by calling our customer service hotline on +33 2 38 88 78 49 from 8:00am to 12:00pm and 1:00pm to 5:00pm, Monday to Friday, or by using our contact form.
If you do not wish to cancel your order immediately, you can give us a new shipping deadline, which must be reasonable, and you can cancel your Order if we do not meet this new deadline.
If you choose to cancel your order due to a shipment delay, you can do so for a few products only or for all of the products ordered, unless this considerably decreases their value. If the products have been delivered to you, you must return them to us and we will pay the costs of this return. After cancelling your order, we will refund all sums due that you have paid us for the cancelled products and their delivery.
Shipment deadlines are automatically suspended by any event beyond the control of Société Française De Diffusion Des Vinaigres D’Orléans and resulting in delaying the delivery (strikes, climate events, etc.).
Further, Société Française De Diffusion Des Vinaigres D’Orléans declines all responsibility and compensation in the event of a delay due to false or erroneous information that you may have provided when ordering.

3.3. Click & Collect Terms

By selecting Click & Collect, you can pick up your Order from our shop at 11 rue Jeanne d’Arc, 45000 Orléans. When your Order is ready, we will inform you by e-mail or telephone of its availability. This method is only valid during shop opening times.
Multiple shipments
The products you order may arrive in several packages, but this will not generate any additional costs.
The total amount of shipping costs, including delivery costs, corresponds to the amount given at the time of Order.

3.4. Product Verification

Upon receipt, it is your responsibility to verify the quantity and the condition of the Products in your Order. In the event of damage or a missing Product, we ask you to:
– make reservations on the delivery note, as well as within three days of receipt, by recorded delivery letter;
– inform us via the “Contact Us” section within 2 (days) of delivery, keeping the invoice and the signed delivery note with your reservations.

You have fourteen (14) calendar days to change your mind if the products are not to your liking, without necessarily having to explain the reason.
This time-frame takes effect:
– If you opted for home delivery, from the date of delivery of the Products to the delivery address you provided (and in the event of absence, from the date on which the package containing the Products was first presented);
– If you opted for click & collect, from the day on which you paid for the Order as it is immediately available to be collected from the shop in question.
To exercise your right of withdrawal, just download the withdrawal form, fill it in and return it to us:

Withdrawal form

You can also join us on +33 2 38 88 78 49 from 8:00 am to 12:00pm and 1:00pm to 5:00pm, Monday to Friday.
Only Products that are returned intact, complete, unopened, non-consumed and in their original packaging, i.e. in perfect condition for resale, accompanied by any accessories and documentation, can be reimbursed to the Buyer, with the exclusion of personalised products.
In compliance with article L.221-28 of the Consumer Code, for health and safety reasons, any product returned resealed, i.e. that has been opened, used, damaged or for which the packaging is not intact, will not be eligible for the right of withdrawal and therefore reimbursed. The Buyer is requested to keep proof of sending the package containing the returned Products, otherwise the Seller reserves the right to refuse to refund any returned order which does not reach it.
Subject to the above, upon receipt and verification of the returned products (products in perfect condition with their original packaging, accessories, instructions, etc.), the Seller will refund the full amount of the Order. The Seller shall, however, be able to defer the refund until receipt of the returned articles.

5.1 Delivery

All events, of whatever nature, beyond the control of Société Française De Diffusion Des Vinaigres D’Orléans, such as unforeseen circumstances, force majeure, strike, disaster, administrative decision, administrative, transport stoppage, etc., which would delay or prevent delivery, constitute a cause for the suspension or termination of the obligations of Société Française De Diffusion Des Vinaigres D’Orléans at its discretion, without any indemnity to your benefit.
La Société Française De Diffusion Des Vinaigres D’Orléans shall inform you, by all appropriate means, and shall refund the amount of the undelivered Order. A new delivery may be envisaged depending on the conditions to be agreed, if you so wish.

5.2 Products

The Products shown on the Website comply with regulations in force in mainland France. When you click on “Ingredients and nutritional information”, the list of ingredients and the nutritional information will be shown.
La Société Française De Diffusion Des Vinaigres D’Orléans reserves the right to change the items proposed on the Website at any moment, without notice.
All Products benefit from the legal guarantee of compliance and the guarantee against hidden defects, allowing the Individual to return defective or non-compliant Products delivered.
In compliance with articles L211-4, L211-5 and L212-12 of the Consumer Code, “the seller must deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was their responsibility under the terms of the contract or was carried out under their responsibility.” “To comply with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, if applicable:
– correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model; – have the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or its representative, particularly in advertising or labelling;
2° Or have the characteristics defined by common agreement by the parties or be fit for a special use sought by the buyer, brought to the seller’s attention and accepted by the seller.”
“The action resulting from the lack of conformity shall lapse after two years from delivery of the goods”.
In compliance with articles 1641 et seq. of the Civil Code, “the seller is bound by the warranty for hidden defects in the item sold which make it unfit for the purpose for which it was intended, or which diminish that use to the extent that the buyer would not have purchased it, or would have paid less for it, if they had been aware of them.” “Action resulting from critical flaws must be initiated by the purchaser within two years of discovery of the defect.”
When you act under the legal guarantee of conformity, you:
– benefit from a two-year period with effect from delivery of the goods in which to act;
– can choose between the repair or replacement of the goods, subject to cost conditions set down in article L. 211-9 of the Consumer Code;
– are exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period changed to twenty-four months as of 18 March 2016, except for used goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
You can decide to implement the guarantee against hidden defects in the item sold and, in this case, choose between terminating the sale or reducing the sales price.

5.3 Exclusion of guarantees

Products that have been modified, repaired, integrated or added to by the Buyer are excluded from the guarantee.
The Buyer shall not be entitled to the above guarantees if the products have been damaged during transport or due to incorrect use by the Buyer.

5.4 Consequence of implementing guarantees

Within the framework of the legal guarantee of conformity, the Seller undertakes, depending on the Buyer’s choice:
– to refund the full price of the product
– to replace the product with an identical product depending on available stock. Within the framework of the legal guarantee for hidden defects, the Seller, depending on the Buyer’s choice, undertakes, after assessment of the defect:
– to refund the full price of the product returned,
– to refund part of the price of the product if the Buyer decides to keep the product.

5.5 Capacity of the Buyer

Only natural persons legally capable of entering into contracts for products offered for sale by the Seller may place orders on the Website.
The Buyer, through confirming their Order, declares that they have full legal capacity allowing them to commit themselves under these Terms and Conditions of Sale and that they are of legal age and not under guardianship or trusteeship at the time of placing the Order.
The Seller cannot be required to verify the legal capacity of Users of its Website and Buyers. Therefore, if a person who does not have legal capacity orders articles on the Website, their legal guardians (parents, guardians, in particular) shall assume full responsibility for this order and shall be required to honour payment of the price.

5.6 Limitation of liability

The Seller’s liability under the obligations of these Ts & Cs shall not be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Buyer, or to the occurrence of an event of force majeure as defined by the French courts, or to any other event which was not reasonably under the exclusive control of the Seller.
Thus, all events, whatever their nature, beyond the control of the Seller, such as fortuitous event, pandemic, disaster, strike, administrative decision, transport stoppage, etc., which delay or prevent the execution of the delivery, constitute, by express agreement, a cause for suspension or termination of the Seller’s obligations at its discretion, without indemnity for the Buyer and without prejudice to other cases of force majeure defined by case law.
The information accessible on the Website is provided “AS IS” without any guarantee of any kind, whether implicit or explicit, in particular concerning the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products or services appearing on the Website or their suitability for the use that the Buyer intends to make of them. THE SELLER DECLINES ALL RESPONSIBILITY FOR DIRECT AND INDIRECT DAMAGE, WHETHER FORESEEABLE OR NOT, CAUSED WHEN USING THE WEBSITE. IF THE SELLER’S LIABILITY SHOULD BE ESTABLISHED AND RETAINED ON ACCOUNT OF DAMAGE SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO PLACING AN ORDER, THIS SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim made by a user, including any Buyer, against the Seller must be made within 6 months of the occurrence of the event which is the subject of the claim.

Regardless of the medium, all of the elements published on the Website, including but not limited to graphic design, software, photos, sound, videos, recipes, name and packaging of Products, are the exclusive property of Société Française De Diffusion Des Vinaigres D’Orléans. Any use or reproduction whatsoever is strictly forbidden.

The information requested from you when setting up your personal account is necessary for Société Française De Diffusion Des Vinaigres D’Orléans to process your order.
All personal information shall be collected on a system that guarantees the confidentiality of the data thus collected and will be accessible at any time by clicking the “My Account” section.
In compliance with the Data Protection Act of 6 January 1978, amended by the law of 6 August 2004, you may object to the computer processing of this data and you have the right to access, rectify and withdraw your data by connecting to the homepage of this Website and clicking “My Account”.
This section allows you to modify and delete your personal data yourself, at any time.
All of this information, which may be supplemented by other information at the time of your Order, may be subject to automated processing for administrative and commercial management purposes.
This data will be processed y Société Française De Diffusion Des Vinaigres D’Orléans in strict compliance with applicable laws and its confidentiality policy as published on the Website.

8.1. Applicable law and competent court

Any disputes relating to the fulfilment of an order and/or the interpretation of these terms and conditions are subject to French law. In the event of a dispute concerning the interpretation or fulfilment of agreements between you and Société Française De Diffusion Des Vinaigres D’Orléans, the competent court shall be the one of the head office of Société Française De Diffusion Des Vinaigres D’Orléans.

8.2. Enforceability of the Terms and Conditions for Distance Selling

In application of the provisions of the Law of 21st June 2004 on trust in the digital economy and the Law of 13 March 2000 on electronic signatures, when you confirm your order by computer transaction as stated on the Website, this constitutes an irrevocable acceptance of the Terms and Conditions of Sale in force on the day of the order.
The Terms and Conditions for Distance Selling on the Website prevail over all other sales conditions that may be contained in other documents distributed by Société Française De Diffusion Des Vinaigres D’Orléans for Products. The fact that the Seller has not availed itself of any of the provisions of the Terms and Conditions of Sale at a given time shall not be construed as a definitive waiver of the subsequent application of any of the general terms and conditions.

8.3. Confidentiality & Data Protection

La Société Française De Diffusion Des Vinaigres D’Orléans shall implement all necessary security measures to guarantee the availability, integrity and confidentiality of the data shared.
For its part, Société Française De Diffusion Des Vinaigres D’Orléans draws your attention to the necessity to implement all useful measures, such as a firewall and anti-virus, regularly updated and correctly configured, to protect you as effectively as possible against intrusions, attack and viruses, in order to guarantee the availability, integrity and confidentiality of the information sent on the Website.

8.4. Partial invalidity

The nullity of one of the articles of these Terms and Conditions for Distance Selling shall not entail the nullity of the entire Terms and Conditions for Distance Selling.

8.5. Contact

You can contact us at any time by writing to: Martin-Pouret, 236, rue du Faubourg Bannier, 45400 Fleury les Aubrais.