Terms and Conditions of Sale - Lin des Pyrénées

1. Preamble and Purpose

These General Terms and Conditions of Sale (GTCS) govern all commercial relations between:
Lin des Pyrénées, a SAS registered with the Trade and Companies Register, whose registered office is at 470 Route de Bertranot, 64370 Mesplède (France), and its customers, whether professionals or consumers (B2B, B2C, BtoBtoC).

Contact details:
Telephone: 06 18 21 55 42
Email: contact@lindespyrenees.com
Website: https://lindespyrenees.com

These GTCS apply to all sales of food and non-food products made from flax, concluded online, by telephone or by direct sale.

2. Severability of Clauses

If any clause is declared invalid or unenforceable, it shall be deemed unwritten without affecting the validity of the other clauses of the GTCS.

3. Acceptance and Enforceability

Any order implies full and unreserved acceptance of the GTCS. They constitute the sole basis applicable to commercial negotiation with professionals (Article L.441-1 of the French Commercial Code) and are systematically provided to them upon request. No contrary condition of the customer shall be enforceable without written agreement.

4. Amendment of the GTCS

The GTCS in force are those applicable on the date of the order. Any significant amendment shall be notified in advance, with 30 days' notice, to professionals in an ongoing business relationship.

5. Products Offered

Lin des Pyrénées offers the following products: brown flax seeds, virgin first cold-pressed oil, flax cake flour, seed flakes, biscuits and derived products.
Each product comes with a descriptive sheet (composition, allergens, weight, origin, use-by date/best-before date, nutritional values, labels, price).
Photographs are for illustration only and are subject to minor variations.
The products comply with health standards (Regulation EC 178/2002, HACCP) and with EU regulations on allergens (No. 1169/2011).

6. Prices and Pricing Conditions

The prices displayed are:
Inclusive of VAT for consumers (VAT at 5.5% or 20% depending on the product).
Exclusive of VAT for professionals (VAT payable in addition).
Delivery charges are invoiced in addition (see Article 10).

An annual professional price list is available on request, specifying product references, unit prices, discounts and carriage-paid conditions.

Price transparency - Option 3 (Law 2023-221 of 30 March 2023).
For the products concerned, the breakdown of the price exclusive of VAT includes:

The share corresponding to agricultural raw materials,
The share relating to processing, packaging and distribution.

An annual price transparency sheet is provided to professional customers together with the GTCS.
A certificate from an independent third party attesting to the accuracy of the information must be provided within the month following the sending of the GTCS, and then, where applicable, after negotiation if prices are amended.

Prices may be revised in the event of a significant change in costs (raw materials, energy, transport, regulations), with 30 days' notice for professionals and immediate application online for consumers.

In the event of an obvious pricing error, Lin des Pyrénées may cancel the order or correct the amount, and the Customer may confirm or cancel the order free of charge.

7. Orders

Orders may be placed:
Online: www.lindespyrenees.com
By email: contact@lindespyrenees.com
By telephone: 06 18 21 55 42
By post: Lin des Pyrénées, 470 Route de Bertranot, 64370 Mesplède
The Customer must provide all the necessary information (identity, addresses, contact details, SIRET number and intra-Community VAT number for professionals).

Confirmation of the order is sent within 24 working hours, specifying the essential elements (products, price, charges, lead time).

Lin des Pyrénées may refuse any order for a legitimate reason (lack of stock, incomplete information, dispute, doubt as to solvency). Notification is given within 48 hours, and any sums paid are refunded within 14 days.

Orders may be amended or cancelled before dispatch only.

8. Payment

Consumers: payment in full on ordering by bank card, PayPal, bank transfer (dispatch after receipt of funds) or cheque (after the cheque has cleared).
Professionals: payment in full on ordering. For open accounts, payment terms may be granted subject to approval, generally 30 days end of month, with written agreement.

In the event of late payment: penalties at the ECB rate plus 10 points, a fixed recovery indemnity of 40 €, possible additional charges, suspension of orders, immediate payability of all sums due, and possible termination of the contract after formal notice.

9. Right of Withdrawal (Consumer Customers)

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of 14 calendar days in which to exercise the right of withdrawal, without giving any reason and without penalty, from receipt of the product.

To exercise this right, the Customer must notify their decision by email to contact@lindespyrenees.com, by post to Lin des Pyrénées - Service Retours - 470 Route de Bertranot 64370 Mesplède, or via the online form at www.lindespyrenees.com.

A model withdrawal form is provided in the GTCS.
The Customer must return the products in their original condition, unopened, unconsumed and in their original packaging, within 14 days of notification. Return costs are borne by the Customer unless the product is defective.

Full refund (price + standard delivery charges) within 14 days of the return or of proof of dispatch.

Exceptions: the right does not apply to perishable products, products unsealed for health reasons, or personalised products.

10. Delivery

Lin des Pyrénées delivers to metropolitan France (including Corsica, subject to a surcharge), the European Union and other destinations on request.
Charges vary according to weight, volume and destination. Carriage-paid conditions for professionals according to the price list.
Methods: Colissimo, Chronopost, pick-up points, express, pallets (professionals).
Indicative lead times: 1-10 days depending on the destination. Orders validated before 12 noon are prepared the same day on working days.
Tracking is sent by email with a tracking number.
The Customer is responsible for the accuracy of the delivery details. Lin des Pyrénées accepts no liability in the event of error or absence.
On receipt: the parcel must be checked; dated and signed reservations must be made in the event of damage and confirmed by registered letter with acknowledgement of receipt within 2 working days to the carrier and to Lin des Pyrénées.
In the event of absence: a delivery notice is left, the parcel may be collected within 15 days, after which it is returned and the costs are borne by the customer.
Claims for non-receipt must be made within 5 working days. Re-dispatch or refund is possible.
Risk passes to the Customer upon taking possession (consumers) or upon handover to the carrier (professionals).

11. Transfer of Ownership

Customers - Consumers:
Ownership passes upon payment in full.

Professional customers: transfer of ownership is subject to payment in full. The products remain the property of Lin des Pyrénées until payment; their use, resale or processing is prohibited.

Repossession of the products and damages are possible in the event of non-payment.

12. Legal Guarantees

Products sold by Lin des Pyrénées benefit from the following legal guarantees:
Guarantee of conformity (Articles L. 217-4 et seq. of the French Consumer Code).
The product must conform to its description and be of satisfactory quality. In the event of non-conformity, the customer may obtain replacement or refund of the product.
For food products, the guarantee applies until the Best-Before Date (DDM) or Use-By Date (DLC). Any claim must be made within 48 hours of receipt.
For non-food products (neck warmers, accessories), the guarantee applies for 2 years. The Customer has 2 months from discovery of the defect in which to make a claim.

Guarantee against latent defects (Articles 1641 et seq. of the French Civil Code)
The customer may obtain a refund or a price reduction in the event of a latent defect rendering the product unfit for use. Proceedings must be brought within 2 years of discovery of the defect.

To exercise these guarantees
Contact: contact@lindespyrenees.com or 06 18 21 55 42
Documents required: proof of purchase, photographs of the defective product, precise description of the problem.

13. Complaints

Contacts for complaints: email, telephone, post (contact details available).
Acknowledgement within 48 hours, detailed reply within 10 days (30 days if complex).
Time limits for complaints: visible damage 48 hours, latent defects 10 days, non-conformity 2 months.
Appropriate solutions (replacement, refund, credit note), with the possibility of return at the expense of Lin des Pyrénées.

14. Intellectual Property

The entire content of the website and the trade marks are protected; reproduction is prohibited without written consent, save for statutory exceptions.

15. Protection of Personal Data (GDPR)

Controller: Lin des Pyrénées. Data collected solely for customer management and legal obligations. Rights guaranteed under the GDPR; complaints may be lodged with the CNIL. Retention period in accordance with the law.

16. Mediation

A prior written complaint is mandatory. Recourse is possible to the mediator Bayonne Médiation (full contact details given), with referral within one year at most. European platform accessible.

17. Governing Law and Jurisdiction

French law applies.
Consumers: the competent local courts or the courts of the registered office of Lin des Pyrénées. Professionals: the courts of Pau exclusively.

18. Force Majeure

Cases of force majeure expressly listed: disasters, pandemics, cyberattacks, various breakdowns. The contract is suspended for the duration of the force majeure event, and the Customer is informed.

19. Archiving and Retention

Reliable archiving; web data retained for 3 months after the end of the contract, accounting data for 10 years. Permanent deletion once these periods have elapsed.