PREAMBLE
The following provisions establish the General Terms and Conditions of Sale (GTCS) of the HILL BAR brand products offered by IL GELATO DI CORRADO (hereinafter the “Seller”) to any person (hereinafter the “Customer”) visiting or making a purchase via the site (hereinafter the “Site”), which is an e-commerce space that offers a service of ordering products remotely and then preparing products and delivering products.
The full and complete adhesion to the general conditions of sale, developed below
A list of all the items below in sixteen (16) items is necessary and indispensable to be able to place an order.
Consequently, the Customer will not be able to prevail himself of an opposability on any clause, the placing of an order making office of an express acceptance of these.
1. PURPOSE
These General Terms and Conditions of Sale govern exclusively the contracts for the online sale of IL GELATO DI CORRADO products to customers who are consumers and, together with the order form, constitute the contractual documents binding on the parties, to the exclusion of all other documents, leaflets, catalogs or photographs of the products, which are only indicative in nature.
The General Terms and Conditions of Sale are made available to Customers on the Seller’s Site where they can be consulted directly by clicking on “GTC”, and can also be communicated to the Customer upon request by e-mail or post.
The General Conditions of Sale are opposable to the Customer who acknowledges having been informed of them by clicking on the “Order” button at the time of ordering after having chosen his method of payment.
The conservation and reproduction of the General Terms and Conditions of Sale are ensured in accordance with the provisions of the Civil Code and the Customer acknowledges that he/she has the right to keep them.
The Seller reserves the right to modify them at any time. In case of modification, the General Terms and Conditions of Sale applicable are those in force at the date of the order.
The nullity of a clause does not entail the nullity of the General Terms and Conditions of Sale except if it is a clause that led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale by the Seller shall not constitute a waiver of the other clauses of the General Terms and Conditions of Sale, which shall continue to have effect.
2. ORDER
2.1. PLACING AND VALIDATION OF THE ORDER
To place an order, the Customer goes to the store of the Site. The Customer undertakes to complete the order form correctly and to fill in the various fields present (billing address, delivery address, method of delivery, method of payment, etc.). The order is valid only if all the information requested from the Customer is filled in.
If the Seller encounters a problem in fulfilling the order it undertakes to
inform the Customer within two (2) working days following the validation of the
order.
The validation of the order by the Customer is worth acceptance of the general conditions of sale without reserve.
2.2. PROOF OF TRANSACTION
The data kept in the information system of the Site have evidentiary force as to the orders placed.
If the contract between Seller and Customer is for a sum equal to or greater than
greater than 120€ (euros), the Seller shall ensure the conservation of the purchase order and the invoices for a period of ten (10) years, according to article L.213-1 of the Consumer Code.
2.3. AVAILABILITY OF PRODUCTS
All products offered on the site are subject to availability.
If a product is no longer available after the order has been placed, the
seller is obliged to inform the Customer within two (2) working days following the validation of the order, by e-mail or by telephone by offering
several solutions: either to postpone the delivery while waiting for a restocking on this product, when it is possible, or to replace the ordered product by another product presented on the Site, or to cancel the order.
The Customer discharges the Seller of any responsibility in case of non-availability of
total or partial of the ordered products.
3. PRICES AND PAYMENT TERMS
3.1. PRICE
The selling price, in accordance with article L.112-1 of the French Consumer Code, is indicated for each Product in € (euros), all taxes included (TTC), excluding delivery costs mentioned before the validation of the order and invoiced in addition.
The total amount due by the Customer is indicated on the confirmation page of the
order.
The Seller reserves the right to modify its prices at any time, while
guaranteeing to the Customer the application of the price in force on the day of the order.
The price takes into account the French V.A.T., applicable on the day of the order.
The French VAT of 5.5% for dark chocolate products and 20% for milk chocolate products applies to orders to Metropolitan France, Corsica and European Union countries. The general rate can be freely revised by Il Gelato di Corrado.
If the VAT rate changes, these changes will be reflected in the price of the products.
In the event of a promotion, Seller agrees to apply the promotional price to any
order placed during the promotion period.
The online sales offers are valid, in the absence of indication of particular duration, as long as the products appear on the Site and within the limits of available stocks.
The acceptance of the offer by the Customer is validated, in accordance with the double click process, by the confirmation of the order.
3.2. TERMS OF PAYMENT
The payment of the order is made online: directly on the site via the integration of the payment module : STRIPE.
3.3. PAYMENT
The price is due in full after confirmation of the order.
With the exception of the sums paid which are refunded in the event of unavailability of the product ordered under the conditions provided for in Article 3.4 of these GTC, any sum paid in advance of the price produces interest at the legal rate on the expiry of a period of three months as from the payment until the delivery of the product or, failing that, the restitution of the sum paid on ordering.
The Seller reserves the right to refuse any order or any delivery in case of existing dispute with the Customer, of total or partial non-payment of an order, of a refused payment by credit card.
The responsibility of the Seller can not be engaged in this respect.
Payment is made immediately upon ordering and by credit card (VISA, MASTERCARD), or Apple Pay or any other means of payment by fingerprints / facial recognition.
Any order placed on the site and delivered outside France may be
subject to possible taxes and customs duties that are imposed when the package reaches its destination.
These customs duties and possible taxes related to the delivery of an item are the responsibility of the Customer.
The Seller is not obliged to check and inform its Customers of the applicable customs duties and taxes. To know them, it is up to the Customer to get information from the competent authorities of his country.
4. MODALITIES OF COLLECTION AT HILL BAR OR DELIVERY OF THE ORDER
4.1. WITHDRAWAL AT THE HILL BAR – FREE OF CHARGE
In the case of an order with collection at HILL BAR, the Customer undertakes to collect his order, upon receipt of an email notification, at the following address: 17 Rue du Frenelet 59650 Villeneuve d’Ascq: from Tuesday to Saturday during HILL BAR opening hours.
4.2. DELIVERY OF THE ORDER BY CHRONOPOST (OR OTHER CARRIER)
The delivery of the products is ensured in Metropolitan France, Corsica and Monaco and Europe by CHRONOPOST and COLISSIMO. The DOM-TOM are not delivered by the online store because we would not be able to guarantee the quality of the products at reception because of the conditions of travel.
Delivery is made by sending the products to the delivery address indicated by the Customer to the Seller.
The Customer is responsible for the accuracy of the name and address information
the address of the recipient specified when placing the order.
They must contain all the information required for delivery under the normal conditions provided by the carrier.
The Customer is informed of the sending of his order by email and can follow at any time
moment the state of it with the help of the tracking number which will be transmitted by email by the Seller / carrier.
The delivery requires the presence of the recipient who signs a notice of receipt.
In case of absence, a notice of availability is left in the mailbox of the recipient.
In case of absence or inaccessibility of a mailbox at the address of
The cell phone number of the sender of the order can be used for delivery. If there is no response, the delivery is deemed to have been made. The package will not be presented a second time.
If you are not the addressee, it is your responsibility to inform him/her that a parcel is available in the collection point indicated on your parcel tracking.
For reasons related to the perishable nature of the product, it is strongly advised
to collect it from the collection point indicated by the carrier within 24 hours
with the notice of passage and an identification document.
If the package is not picked up within the above-mentioned period, the Seller cannot be held responsible for any deterioration of the products.
If the addressee does not manifest himself within the indicated period or in the case where the parcel is returned to the Seller, the delivery will be considered as completed and no refund or return of the product to another address will be made.
If the home address is a public institution
(hospital…) or to a private establishment (company, clinic, retirement home…) and that the parcel could not be given in person to the recipient, the delivery will then be considered as carried out as from the moment when the parcel will have been given to the reception or the service of the establishment dedicated to the reception of the goods.
DELIVERY TIMES BY CHRONOPOST OR COLISSIMO (OR OTHER CARRIER)
The delivery time depends on the destination.
The date is guaranteed: except in case of force majeure, except in case of strike of the carriers, provided that the delivery address is precise, exact and complete, and provided that the person receiving the order is present at the time of delivery.
The delivery time takes into account the preparation time in the Seller’s workshops as well as the carrier’s delivery time.
During busy periods (Valentine’s Day, Easter, Christmas, etc.), order preparation and delivery times may be extended.
If an item is unavailable, the Seller cannot guarantee the delivery time of the item.
delivery.
In case of difficult weather conditions (heavy snowfall, flooding, etc.) shipments and deliveries may be disrupted.
By CHRONOPOSTE OR COLISSIMO :
– Preparation time: 1 working day for all orders received before
12h00
– Delivery time: 1 to 4 working days (subject to the provider colissimo)
– Total delivery time from the date of order confirmation :
3 to 5 working days.
Special case of Corsica: the delivery time of the carriers is increased by 1 to 2 days.
Orders placed on Sunday will be processed on Tuesday depending on available stock.
HILL BAR working days: Tuesday to Saturday, excluding holidays.
Working days for carriers: Monday to Saturday, excluding holidays.
5. RIGHT OF WITHDRAWAL
The withdrawal period of 7 days does not apply to contracts for the supply of perishable products, food, such as goods sold by the site www.hillbar.fr. Also, the Customer could not prevail himself of it.
However, a modification or cancellation can take place if the order has not yet been handed over to the carrier. The Seller will then be able to take into account this modification or cancellation. If the cancellation request is validated, the Customer will be refunded the totality of his order.
All requests for changes or cancellations must be sent by email to
the address contact@hillbar.fr to be taken into account.
If the order has been handed over to the carrier, no changes or cancellations can be taken into account and the price paid will not be refunded.
6. TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
The products remain the property of the Seller until the payment of the price on the Site. The transfer of ownership of the products from the Seller to the Customer shall only take effect after payment of the price by the latter.
The Seller insures the goods until the place of delivery. The transport risk is borne by the customer. It is up to the recipient to check the package in the presence of the deliveryman. In the event of damage to the delivery or missing products, the Customer shall specify his reservations on the delivery slip and confirm them, within three (3) days following the delivery, by email or by post.
Without the respect of this clause, no procedure of refunding could be engaged with the carrier.
7. PRODUCT COMPLIANCE
Within three (3) days following delivery, defective products or products that do not conform to the order may be reimbursed if the Customer has ensured that there are no anomalies when the package is delivered (see Article 6 – TRANSFER OF OWNERSHIP AND TRANSFER OF RISK). In case of damaged packages or packages whose contents have been stolen or damaged, he may refuse the goods upon delivery and request the return of the package to its sender.
After verification by HILL BAR of the notified and dated reservations, and if they are proven, HILL BAR will proceed with the refund of the product(s).
8. CLAIM
The Seller shall do everything in its power to satisfy the Customer as best as possible. In this context, if the Customer has a complaint to make, he can address it to :
– By mail to the following address HILL BAR – 17 RUE DU FRENELET – 59650 Villeneuve d’Ascq
– By e-mail via the form in the “Contact us” section
on the Site by specifying the number of the order concerned.
– By email to the following address contact@hillbar.fr
To be taken into account, any claim must be made within 48 hours of the
hours following the reception of the order, taking into account the perishable nature of the products.
The Customer benefits from the legal guarantee of conformity provided for in Articles L211-4 and following of the Consumer Code and the legal guarantee relating to
consequences of defects or hidden defects provided for in Articles 1641 and following of the Civil Code.
Any complaint must be motivated and accompanied by proof of the damage suffered.
If the product has not been delivered, for any other reason than force majeure or the cases mentioned above (absence of the recipient, erroneous information…), the sale may be cancelled and the Customer may obtain a refund of the price, to the exclusion of any other compensation or damages.
After the analysis and acceptance of the claim by the Seller, the Seller undertakes to reimburse the Customer. Refunds are made by check or bank transfer.
The refund period will not exceed 30 days from the receipt of the refund request.
9. PRODUCT GUARANTEES
The “use by” or “best before” date of Seller’s products is indicated on each package.
The Seller shall not extend its warranty if the products have not been stored under the conditions specified on the packaging of the products.
For the chocolate plates, the conditions of conservation are: a dry place, with the shelter of moisture, between 16°c and 18°c, ideally with 17°c.
10. RESPONSIBILITIES
The photographs of the products shown on the Site are as accurate as possible but cannot guarantee a perfect similarity with the products offered, particularly with regard to colors.
The Seller declines any responsibility in case of difficulty in accessing its site or
interruptions in the connection regardless of the cause.
Furthermore, it shall not be held responsible for any damage or virus that may infect your computer or any computer equipment, following use of or access to the site or downloading from it.
11. CUSTOMER DATABASE
These data are processed and stored in conditions designed to ensure their security.
The data collected by the Seller on the Site are intended and necessary for the management of the order and commercial relations.
Some data are optional for the processing of orders, it is up to the Customer to fill or not the field concerned.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification and opposition to all his personal data:
– By mail, with proof of identity, to HILL BAR – 17 RUE DU FRENELET – 59650 Villeneuve d’Ascq
– On the Site, by making a request via the form in the “About Us” section
contact us” and by proving his identity
Depending on the choices made by the Customer, he/she may receive offers from the Seller (Newsletter, etc).
If he no longer wishes to receive these offers, he can unsubscribe by clicking on the link provided for this purpose in the newsletter or other email.
12. PROHIBITION OF SALES
The Customer must not resell the products which are intended for his personal use or that of the person receiving his order without prior written agreement from the company HILL BAR.
13. FORCE MAJEURE
The Seller is exonerated from its responsibility in all cases of force majeure, linked to irresistible, unforeseeable and external circumstances.
Cases of recognized disasters or bad weather, strikes by logistics service providers, or any other event likely to disrupt the proper flow of goods and computer flows are considered as force majeure.
14. LEGAL NOTICES
HILL BAR is a brand of the company IL GELATO DI CORRADO with a capital of 1000 € whose head office is located at 17 Rue du Frenelet and is registered in the Lille Metropole Trade and Companies Register under the SIREN number 879 131 282
Tel. : 03 59 54 41 62
E-mail:
contact@hillbar.fr
Site host: OVH ( put address
Responsible for the site : ( to see the name )
15. INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademark and patent laws.
By connecting to the Site, the Customer agrees not to copy or download all or part of its content, except with the prior and express authorization of the Seller.
- APPLICABLE LAW AND DISPUTES
The present general conditions of sale are subject to French law.
In the event of a dispute, an amicable solution will be sought as a priority before any
legal action.
For this purpose, we kindly ask you to contact by mail
our customer service at the following address HILL BAR 17 Rue du Frenelet 59650 Villeneuve d’Ascq
In the absence of an amicable solution, any legal action will be brought before the competent courts.
