TERMS OF SALES

Date of last update: May 22, 2024.

TRUFFUS, a simplified joint-stock company with capital of €1,453,924, registered with the Toulouse Trade and Companies Register under number 848.366.472, whose registered office is located at 450 rue des tamaris 82000 Montauban (hereinafter " HENRAS ”), operates a website accessible at the address https://truffeshenras.com/en (hereinafter the “ Site ”).

These General Terms and Conditions of Sale (hereinafter the " GTC ") govern the commercial relations between HENRAS and any natural or legal person using and/or placing an order on the Site (hereinafter the " Customer "), it being specified that the protective provisions of the Consumer Code set out in Article 6 of the GCS do not apply to orders placed by legal or natural persons placing an order on the Site as part of their professional activity, whatever it may be (artisanal , commercial, liberal, industrial).

  1. OBJECT
    1. The purpose of these T&Cs is to define the terms and conditions under which Customers can access the Site, use it and place an order for products with HENRAS, including all the rights and obligations arising therefrom.
    2. They apply to any order made by Customers on the Site, and to this method of ordering exclusively. Where applicable, the T&Cs shall prevail over any other contradictory document not expressly accepted by mutual agreement by the Customer and HENRAS as derogating from these T&Cs.
    3. All Customers who access the Site declare that they comply with these Terms and Conditions without restriction or reservation, which are available at any time on the page https://truffeshenras.com/en/pages/conditions-generales-de-vente , accessible from the Site by clicking on the link "General conditions of sale", and brought to the attention of the Customer prior to the confirmation of his order.
    4. HENRAS reserves the right to modify these T&Cs, in particular to take into account any legal, jurisprudential, editorial and/or technical developments. Changes to the T&Cs will be enforceable against Customers as soon as they are posted on the Site. The GCS applicable to an order will be those in force on the date of the order concerned. From one order to another, HENRAS therefore invites the Customer to carefully re-read the T&Cs appearing on the Site.


  2. PRODUCTS
    1. Presentation
      1. Each product sold on the Site is the subject of a presentation describing its main characteristics (including in particular its composition, advice for use and conservation) accessible by clicking on the product concerned then on the links "Find out more" and "See our advice", or by scrolling the page from top to bottom.
      2. HENRAS thus offers the Customer the possibility of knowing, before placing the order, the essential characteristics of each product that he can buy on the Site, in accordance with the provisions of Article L.111-1 of the Code of consumption.
      3. HENRAS makes its best efforts to ensure that the presentation of the products whose photographs are displayed on the Site are faithful to the original products. However, given the way the products are presented on the Internet, it is possible that the impression perceived by the Customer of the photographic representation of the products does not correspond exactly to the product itself, which the Customer acknowledges and accepted.

    2. Availablity
      1. The products offered for sale by HENRAS are those available online on the Site on the date of the order by the Customer, within the limits of available stocks.
      2. The Customer will be informed of the unavailability of a product by the mention "Product out of stock".
      3. In the event of the unavailability of a product after placing the order, HENRAS will contact the Customer as soon as possible in order to agree with him (i) either a partial cancellation of his order and the reimbursement of the product concerned on the bank or Paypal account debited when ordering, (ii) either, if a return to stock of the product is possible, a postponement of the delivery date of the order after restocking of said product, (iii) or a substitution of the unavailable product by another product of equivalent value.
      4. At any time and without notice, HENRAS reserves the right to modify or no longer market the products offered on the Site, these modifications however having no effect on the orders that HENRAS would have accepted before the entry into force of these modifications.

    3. Price
      1. The applicable prices are those displayed online on the Site at the time of validation of the order by the Customer.
        They are indicated in euros, all taxes included (French VAT in force on the day of the order), excluding any applicable reduction coupon, and delivery costs invoiced in addition to the Customer.
      2. Delivery costs are the responsibility of the Customer, excluding promotions or orders exceeding the sum of SIXTY EUROS (€60) including tax. These will be brought to the attention of the Customer during the summary of his order, before its final validation.
      3. At any time and without notice, HENRAS reserves the right to modify its product prices, without these modifications affecting the orders that HENRAS would have accepted before the entry into force of these modifications.

  3. ORDERS
    1. To be able to place an order on the Site, the Customer must:
      1. Have the legal capacity to contract;
      2. Have a postal address in mainland France, in accordance with article 4.5.1 of the GCS;
      3. Be the holder of a provisioned bank or Paypal account, allowing him to pay the amount of his order online.
    2. The Customer can browse the Site and learn about the various products offered for sale, without obligation to purchase.
    3. Order process
      1. To place an order, the Customer chooses then selects the product(s) he wishes to buy, after having selected the weight offered by means of a drop-down list if necessary, by clicking on the link "Add to basket". ,
      2. Once the product(s) has been selected, the Customer can choose between:
        • Continue your selection, or
        • View a complete summary of your order by clicking on the "My basket" link, and:
          • Modify it by deleting the selected product(s) and/or their quantity, or
          • Finalize their order and validate their basket by clicking on the "Payment" link, after having entered the promotional code(s) available to them, if applicable.
      3. Once his basket has been validated, the Customer must:
        • Log in to your customer account if it has not already been done, or failing that
        • Fill in their personal information using the form provided for this purpose (e-mail address, surname, first name, company if applicable, postal address, telephone); it being specified that:
          • If the e-mail address entered in the form is already attached to a customer account to which the Customer has not previously connected, the Customer will be invited to connect to it or to reset the forgotten password if necessary.
          • Mandatory information is identified by asterisks.
          • The Customer cannot place an order with a delivery address that is not served by HENRAS, in accordance with article 4.5.1 of the GCS.
          • The Customer is informed that the personal information requested is necessary for HENRAS for the proper execution of his order, which he expressly acknowledges.
            As such, he undertakes to provide accurate and complete information, in accordance with article 8.1 of the GCS.
      4. The Customer is then invited, by means of a checkbox, to fill in new contact details using the form provided for this purpose (surname, first name, company if applicable, postal address, telephone) if he wishes to use an address different for the invoicing of his order.
      5. Once his contact details have been entered, the Customer must click on the "Next" link in order to choose from the delivery methods that may be offered to him, in accordance with article 4 of the GCS.
      6. Once the delivery method has been selected, the Customer must click on the "Next" link in order to choose from the payment methods available to him: bank card (CB, Visa, Mastercard, American Express) or Paypal, at exclusion of any other means of payment.
      7. Once the means of payment has been selected, the Customer must click on the "Next" link in order to access the summary of his order, containing all the information relating to this order (delivery and billing addresses, products ordered, prices and corresponding quantities, payment and delivery methods selected, total amount of the order).
      8. After having verified the accuracy of the information indicated therein and having accepted without restriction or reservation the GCS by means of the checkbox provided for this purpose, the Customer is invited to confirm his order before proceeding to the corresponding payment, by clicking on the “Order” link; it being specified that, until this click, the Customer may, at any time, return to one or other of the previous steps in order to modify the characteristics of his order and/or his personal information.

    4. Payment
      1. When the Customer has selected the means of payment by credit card, he is invited to fill in the following information using the form provided for this purpose on the secure online payment platform: name of the cardholder, card number credit, expiry date, visual cryptogram (CCV).
      2. When the Customer has selected the means of payment by Paypal, he is redirected to the Paypal platform where he is invited, at his choice, to:
        • Connect to your personal PayPal account (after entering your username and password) and proceed to payment via the latter, or
        • Pay directly by credit card. In this second case, the Customer is invited to fill in, by means of the Paypal form provided for this purpose, the following information: name of the cardholder, credit card number, expiry date, visual cryptogram (CCV), postal address, telephone, e-mail address.
      3. After having verified the total amount to be paid, as well as the accuracy of the information entered in the PayPal form if applicable, the Customer must, to definitively validate his order, proceed to payment by clicking on the " Pay " link.
        The Customer acknowledges that with this click, he authorizes HENRAS to debit his bank card or personal PayPal account, as the case may be, for the total amount of his order.
      4. By express agreement, the payment of the order implies the full and entire adherence of the Customer to the GCS.
      5. When payment is made by credit card, it may need to be validated after entering a 3D Secure code provided by the bank of the holder of the credit card used for payment.
      6. In the event that the Customer wishes to use a promotional code for which he is eligible, he must enter it, prior to his order, in the field reserved for this purpose on the page https://truffeshenras.com/en/cart , accessible from the Site by clicking on the “My basket” link.
      7. HENRAS delegates to its online payment service providers LCL and PayPal, the management of the order payment process. Payment security is based on the confidentiality of all data communicated by the Customer during the payment process. To ensure this security, LCL and PayPal use reputedly reliable cryptographic techniques, including in particular the SSL (Secure Socket Layer) protocol encryption system, and comply with the various applicable banking regulations. In this way, no banking information concerning the Customer passes through HENRAS. Also, HENRAS cannot under any circumstances be held responsible in the event of problems related to the payment of his order, which the Customer acknowledges and accepts.
      8. HENRAS retains ownership of the products ordered until full payment of the corresponding price. The order validated by the Customer will only be considered paid by HENRAS when Paypal and/or the bank payment centers concerned have given their agreement. Also, in case of refused payment, the order will be automatically canceled by HENRAS and the Customer will be informed.
      9. At any time and without notice, as part of anti-fraud checks aimed at securing transactions, HENRAS reserves the right to ask the Customer to provide one or more proofs of address and/or identity before validate his order.
        The order will then only be final after receipt and validation by HENRAS of the supporting documents requested.
        In the absence of receipt of these documents, or if these do not make it possible to identify with certainty the identity of the author of the order and the reality of his domicile, HENRAS reserves the right not to accept the order. .
      10. HENRAS also reserves the right to refuse an order if there is an ongoing prior dispute with the Customer, or if the order level seems abnormally high.
    5. Confirmation
      1. The order will only be considered firm and definitive once it has been confirmed by HENRAS.
      2. Once the order has been validated and its payment made, the Customer is sent to a page confirming that his order has been taken into account by HENRAS.
      3. The Customer is then invited to:
        • Access the summary of his order containing all the information relating to this order (order number, delivery and billing addresses, products ordered, prices and corresponding quantities, payment and delivery methods selected, total amount of the order) by clicking on "Details of your order",
        • Create a customer account if he does not already have one, by clicking on “Create an account”, in accordance with article 7.2 of the GCS.3.5.4. An order confirmation e-mail is also sent to the Customer, containing the order number, as well as a link allowing him to access the summary of his order containing all the information relating to this order (order number , delivery and billing addresses, products ordered, prices and corresponding quantities, payment and delivery methods selected, total amount of the order).
        • HENRAS recommends that the Customer print and/or keep the order confirmation and summary on a durable medium.

  4. SHIPPING AND DELIVERY
    1. HENRAS uses GEODIS and COLISSIMO transport service providers for the delivery of orders.
    2. The costs and delivery address, shipping and delivery times of an order thus depend on the delivery method selected by the Customer when placing his order; it being specified that, for the sake of freshness, orders containing one or more fresh products (identified as such in their presentation on the Site) are only delivered by the carrier GEODIS, which will therefore be automatically selected when placing the corresponding order, what the Customer acknowledges and accepts.
    3. HENRAS recommends that the Customer group together the products ordered, whatever their nature, in a single order, insofar as HENRAS is not able to group together several orders placed separately by the same Customer, and that delivery costs will therefore apply to each of them; what the Customer acknowledges and accepts.
    4. Dispatch
      1. The Customer's order is prepared after receipt of the full corresponding price, that is to say from the confirmation of the order by HENRAS.
      2. HENRAS will inform the Customer by e-mail when the order is dispatched, that is to say from the moment it is taken over by the chosen carrier.
      3. No shipment of orders takes place on Sundays, Fridays and public holidays. Orders are shipped Monday through Thursday.
      4. Shipping times, it being specified that these times are exclusive of public holidays:
        • GEODIS : Subject to Article 4.3.3 above, orders placed before ten o'clock (10 a.m.) are dispatched the same day, and orders placed after ten o'clock (10 a.m.) are dispatched the following day.
        • Colissimo : Subject to article 4.3.3 above, orders are dispatched within two (2) working days.
      5. Orders are packaged with care, so that the products are properly protected upon delivery. Orders containing fresh products are delivered in specific packaging designed to ensure their optimal preservation.
    5. Delivery
      1. The products offered for sale by HENRAS on the Site are delivered exclusively in France (excluding Corsica and DROM-COM; destinations for which the Customer is invited to contact customer service at the contact details mentioned in Article 11 of the GCS).
      2. The Customer will be able to follow the progress of the delivery of his order via a hypertext link allowing access to the web page of the selected carrier, which will be communicated to him in the e-mail informing him of the dispatch of his order.
      3. Costs, deadlines and place of delivery
        The costs, times and place of delivery are; it being specified that these deadlines are exclusive of public holidays and run from the date of dispatch of the order, that is to say from its taking over by the chosen carrier:
        • GEODIS :
          • Deadlines: The average delivery times observed are twenty-four hours (24 hours).
          • Place of delivery: Delivery is made to the postal address provided by the Customer when ordering.
          • Costs: Delivery costs amount to SEVEN EUROS (€7) including VAT per order.
        • Colissimo :
          • Deadlines: The average delivery times observed are three (3) to four (4) working days.
          • Place of delivery: Delivery is made, at the Customer's choice, to a Colissimo Relay Point or to the postal address provided by the Customer when ordering.
          • Costs: Delivery costs amount to FIVE EUROS (€5) including tax per order for home delivery.

In the event of Colissimo home delivery, if the Customer is not available to receive the order and the carrier is unable to contact him at the contact details provided when placing his order, the latter is deposited at a Colissimo Relay Point and the Customer informed.
The Customer has a period of ten (10) working days to withdraw his order. After this period, the order is returned to the carrier and then to HENRAS, and the Customer is refunded, to the bank account or Paypal debited when ordering, the amount of the order concerned and the delivery costs if applicable.

 

      1. Transfer of risk
        The transfer of risks takes place when the products ordered are delivered to the Customer or when they are collected from the agency if necessary, materialized by the control system used by the carrier; the Customer then becomes responsible for all damages that these products may suffer or cause.

 

      1. Compliance
        • The Customer undertakes to check the conformity of his order, as well as the condition of the product(s) it contains, when it is delivered or collected, where applicable.
        • In the event of lack of conformity of the order (incomplete order, error on a reference), the Customer is invited to contact HENRAS at the contact details mentioned in article 14 of the GTC, within two (2) days from the delivery or withdrawal of the order concerned.
        • In the event of damaged product(s), the Customer is invited to:
          • Formulate, with the carrier, the nature and extent of the damage relating to the product(s), mentioning them on the delivery note; it being specified that the reservations made upon delivery constitute means of proof of the existence and extent of the damage. The Customer must therefore ensure that they are precise and complete in their writing.
          • Notify by registered letter with acknowledgment of receipt a reasoned letter of protest to the carrier concerned, within two (2) days of the delivery or withdrawal of the order concerned, in accordance with the provisions of article L.133- 3 of the Commercial Code;
          • Inform HENRAS of this at the same time, in writing to the contact details mentioned in article 14 of the GCS, enclosing a copy of the complaint sent to the carrier.
      2. Late delivery
        • In any case, and in accordance with the provisions of Article L. 216-1 of the Consumer Code, the products ordered will be delivered within a maximum period of thirty (30) days from receipt of the entire corresponding price.
        • In the absence of delivery at the end of this period, and subject to a delay resulting neither from the Customer, nor from a case of force majeure in accordance with article 12 of the GCS, the Customer will have the right to cancel his order. The amount of the order concerned and the delivery costs, if any, will be reimbursed to him by HENRAS within fourteen (14) days following the date on which he will have requested the cancellation of his order, on the bank account or Paypal debited when his order ; excluding any other compensation.
        • Delivery being provided by third-party carriers, HENRAS disclaims all liability in the event of late delivery beyond its control, which the Customer acknowledges and accepts.

  2. RIGHT TO RETRACT
    1. Principle
      In accordance with Articles L. 221-18 and following of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from receipt of any product ordered on the Site. The Customer does not need to justify a particular reason or pay penalties. Beyond this period, no request for withdrawal will be processed.
    2. Exclusion
      1. It is recalled that the products designated by article L. 221-28 of the Consumer Code cannot be subject to a right of withdrawal. These include (i) products liable to deteriorate or expire rapidly, (ii) goods made to the Customer's specifications or clearly personalized, (iii) products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
      2. The Customer acknowledges and accepts that HENRAS sells foodstuffs on the Site with an optimal use-by date (DLUO), and perishable foodstuffs with a use-by date (DLC). Also, the Customer acknowledges and accepts, in accordance with the provisions of Article L. 221-28 of the Consumer Code, that he does not have a right of withdrawal with regard to products ordered on the Site under the perishable food category.
    3. Exercise
      1. The right of withdrawal can be exercised with HENRAS, by unambiguous letter or by means of the following form, at the contact details mentioned in article 14 of the GCS. An acknowledgment of receipt will be sent to him by e-mail by customer service.

Model withdrawal form

1/ Delivery concerned

        • Surname / First name / Company name:
        • Address :
        • Mail address :
        • Order number :
        • Order date :

 

2/ Purpose of the right of withdrawal
I, the undersigned, declare to exercise my right of withdrawal, in accordance with article L.121-20 of the Consumer Code, for the following product(s) of the aforementioned order, for the quantities and under the conditions specified above (complete, in perfect condition and in their original packaging):

ReferencesItemsQuantities

 

THE :
Signature

      1. The Customer must return to HENRAS the products that may be the subject of a right of withdrawal, to the address 450 rue des tamaris 82000 Montauban, within fourteen (14) days from the exercise of his right of withdrawal; the cost of returns being the responsibility of the Customer.
      2. The products must be returned in their original packaging, not unsealed, neither opened nor started, intact and ready to be put back on the market.
      3. Under these conditions, HENRAS undertakes to reimburse the Customer for the amount of the returned products as well as the amount of the initial shipping costs (within the limit of the standard delivery costs), to the bank account or Paypal debited when ordering, within a maximum period of fourteen (14) days from receipt of the products concerned.
    2. Any product returned incomplete, damaged, used, washed, damaged, deteriorated, soiled or consumed, even in part, will not be refunded. Similarly, the Customer may be held liable in the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, essential characteristics and proper functioning of the said products.

  2. LEGAL GUARANTEES
    1. The products sold on the Site benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, allowing defective products to be returned to HENRAS under the conditions described below; it being specified that these protective provisions of the Consumer Code do not apply to orders placed by legal or natural persons placing an order on the Site as part of their professional activity, whatever it may be (craft, commercial, liberal , industrial).
    2. Legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code)
      Article L217-4 of the Consumer Code

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »


Article L217-5 of the Consumer Code

"The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the - presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »


Article L217-7 of the Consumer Code

“The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »


Article L217-8 of the Consumer Code

“The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »


Article L217-9 of the Consumer Code

“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »


Article L217-10 of the Consumer Code

“If the repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »


Article L.217-11 of the Consumer Code

“The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. »


Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

    1. Legal guarantee against hidden defects (articles 1641 and following of the Civil Code)
      Article 1641 of the Civil Code

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1644 of the Civil Code

“In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »
Article 1645 of the Civil Code

“If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer. »
Article 1646 of the Civil Code

“If the seller is unaware of the defects of the thing, he will only be bound to refund the price, and to reimburse the purchaser for the costs incurred by the sale. »
Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect. »

    1. Modalities of exercise and consequences
      1. When acting under the legal guarantee of conformity, the Customer having the quality of consumer:
        • Has a period of two (2) years from the delivery of the defective product to act;
        • Can choose between repairing or replacing the defective product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; or if these two options (i) are impossible, (ii) cannot be implemented within one month of the complaint or (iii) create a major inconvenience for the Customer, the latter may choose full or partial reimbursement of the defective product depending on whether he restores it or retains it.
        • Is exempted from proving the existence of the lack of conformity of the defective product during the two (2) years following its delivery.
      2. When acting under the legal guarantee against hidden defects, the Customer having the quality of consumer:
        • Benefit from a period of two (2) years from the discovery of the defect to act;
        • Can choose the full or partial refund of the defective product depending on whether he returns it or keeps it.
      3. For any request concerning the legal guarantees, the Customer is invited to contact the customer service at the contact details mentioned in article 14 of the GCS.
    2. Disclaimer of Warranties
      Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover products damaged during transport or due to misuse, abnormal use or non-compliance with the advice for use and storage prescribed by HENRAS. The Customer's liability may be incurred in the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, essential characteristics and proper functioning of the Products. Any implied warranties, including warranties of satisfactory quality or fitness of the products for a particular use or purpose, are limited by the express warranties in the T&Cs.

  2. CUSTOMER ACCOUNT
    1. The Customer can browse the Site and place an order, without the obligation to create a customer account.
      The customer account allows him in particular to record his personal information which will be pre-filled for his future orders, or to have access to a history of his orders.
    2. Creation
      1. The Customer can create a customer account by clicking on the “Create an account” link:
        • At any time and without obligation to purchase on the page https://truffeshenras.com/en/account/login accessible from the Site by clicking on the link "My account",
        • After an order, from the page informing him of its proper consideration by HENRAS.
      2. The Customer is then invited to fill in, using the form provided for this purpose, the following information: surname, first name, email address and a password.
      3. An e-mail is sent to the Customer in order to verify the e-mail address entered in the terms and conditions that will be specified to him, and thus allow HENRAS to validate the creation of the customer account.
      4. A Client can only open one client account on the Site, which is limited to his personal use only.
    3. Login
      1. The Customer can connect at any time to his customer account, by entering his identification information (username and password) on the page https://truffeshenras.com/en/account/login , accessible from the Site by clicking on the "My Account" link.
      2. The Customer having a customer account but who has not connected to it before placing an order, will be invited to connect to it in order to finalize it, or to reset the forgotten password on optionally.
      3. In the event of a forgotten password, the Customer can reset it by clicking on the "Forgotten password" link from the aforementioned page.
        The Customer is then invited to fill in his e-mail address, using the form provided for this purpose, then to click on the "Reset" link, in order to receive an e-mail inviting him to choose a new password, under the conditions and terms that will be specified.
      4. The Customer acknowledges that the combined entry of his username (e-mail address) and password is proof of his identity and commits him to any order placed through them.
    4. Fence
      1. The Customer may suspend or close his customer account at any time, for any reason whatsoever, by sending the request to HENRAS in writing to the contact details mentioned in article 14 of the GCS. This deletion will take effect after the expiry of any time limits of withdrawal relating to the last order in date placed by the Customer.
      2. In the event of knowledge of a manifestly unlawful act by a Customer in the context of his activity on the Site or in connection with the latter and/or in the event of violation of the stipulations of these GCS and/or of any legal or regulatory obligations, HENRAS reserves the right to suspend or close, immediately, without notice or compensation, the customer account of the Customer concerned.

  3. COMMUNICATED INFORMATION
    1. As part of the personal information communicated when placing the order, or when creating his customer account if applicable, the Customer undertakes to provide accurate, up-to-date and complete information on his identity and contact details; as well as to update them without delay in the event of modification.
    2. The use of pseudonyms is strictly prohibited. It is also recalled that under the terms of article 226-4-1 of the Penal Code, is punished by one (1) year's imprisonment and a fine of €15,000 for usurping the identity of a third party or to make use of one or more data of any kind enabling him to be identified with a view to disturbing his tranquility or that of others, or undermining his honor or his consideration.
    3. The Customer remains solely responsible for the use made of his customer account as well as the protection of his personal and identification information. Any identity theft, loss, misappropriation or unauthorized use of personal and/or identification information and/or a customer account, and their consequences, are the sole responsibility of the Customer concerned.
    4. Any Customer who finds a fact constituting one of the cases mentioned above undertakes to inform HENRAS without delay, using the contact details mentioned in Article 14 of the GCS, in order to allow HENRAS to take the appropriate measures likely to to allow the situation to be remedied, and in particular to proceed with the deletion of the corresponding customer account or the updating of the personal and/or identification information concerned. The abusive use of this option is likely to lead to the liability of the Customer who abuses it.
    5. Similarly, the Customer is solely responsible for the equipment through which he accesses the Site and in his custody, in which his personal and identification information may be recorded. He undertakes to take all necessary and useful measures to protect and secure said equipment, as well as his personal and identification information, in particular by refraining from communicating it to third parties or by leaving it accessible to them.

  4. SAFETY AND RESPONSIBILITY
    1. Security and accessibility
      1. HENRAS takes reasonable security measures to ensure the physical protection of the Site, and to protect the personal information provided by the Customer, against unauthorized access and use. However, the Customer acknowledges and accepts that no data transmission over the Internet is 100% secure and all information communicated online can potentially be intercepted and used by people other than the intended recipient.
      2. The Customer also acknowledges that access to the Site may be subject to certain technical requirements, including in particular a high-speed internet connection and a recent browser.
      3. HENRAS' objective is to ensure access to the Site twenty-four (24) hours out of twenty-four (24) hours, seven (7) days out of seven (7). However, access to the Site may be suspended at any time and without notice, in particular due to accidents, breakdowns or paralysis of the network, as well as maintenance and correction operations necessary for updating and proper operation of the Site; what the Customer acknowledges and accepts.
      4. HENRAS cannot under any circumstances be held liable to the Customer for the occurrence of damages of any kind (such as, in particular, loss of profits, opportunities, data or information of any kind, loss of profit or savings not carried out, occurrence of bugs, external intrusion, damage to the IT environment), which could possibly occur in the context of the Customer's use of its Internet network and/or the Site, or due to accidents, breakdowns or paralysis of the network, as well as maintenance and correction operations necessary for the updating and proper functioning of the Site; what the Customer acknowledges and accepts.
      5. Finally, the Customer undertakes not to hinder access to and the proper functioning of the Site in any way whatsoever, in particular through fraudulent computer maneuvers likely to damage it.
    2. Responsibility
      In all circumstances, HENRAS' liability to the Customer shall in no case exceed a sum equal to the sums paid or payable at the time of the order at the origin of the action brought, whatever the cause or form.

  5. COMPUTING AND FREEDOM
    1. Personal data
      1. In the context of an order or the creation of a customer account, HENRAS collects personal data from the Customer, which is subject to automated processing by HENRAS.
      2. The purposes, recipients and conditions under which HENRAS collects and processes the Customer's personal data are presented in the Privacy Policy, available at any time on the page https://truffeshenras.com/en/pages/conditions-generales-de-vente , and accessible from the Site by clicking on the “Privacy Policy” link.
      3. All personal data is subject to the provisions of Law No. 78-17 of January 6, 1978 as amended. As such, the Customer has a right to access, modify, rectify and delete data concerning him, the terms of which are presented in the Privacy Policy.
    2. Cookies
      1. HENRAS places cookies on the Site. This is an automatic tracking process which records information relating to the Customer as part of his browsing on the Site, and the purposes of which are presented in the Privacy Policy.
      2. The Customer's prior consent is requested for the implementation of these cookies, which can be modified at any time under the conditions specified in the Privacy Policy.

  6. INTELLECTUAL PROPERTY
    1. The Site, its general structure (such as in particular the graphic charter, the layout) and each of the elements which compose it (such as in particular the texts, slogans, photographs, brands, logos, corporate names, acronyms, trade names, signs, illustrations, animations, graphic representations, diagrams, sounds, videos, domain names, source codes, software, databases, newsletters) are the exclusive property of HENRAS or used with the authorization of their holder, and are protected by the rights intellectual property and personality rights or any other private right.
    2. The reproduction of all or part of the Site, of the elements that compose it and/or of its content is only authorized for the exclusive purposes of information for strictly personal, domestic, educational and private use, and on condition that to no modification.
    3. Any other use of all or part of the Site, the elements that make it up and/or its content, in any way whatsoever and on any medium whatsoever, without the express and prior authorization of HENRAS, in particular by downloading, reproduction, transmission, representation, dissemination, display, distribution, integration into a derivative work and any copying of this content for other purposes, in particular public and/or commercial, and/or any alteration and distortion of all or part of the Site, the elements that compose it and/or its content, is strictly prohibited and may be the subject of legal proceedings.
    4. No article of these GCS, nor access to or registration on the Site, can confer, explicitly or implicitly, a transfer of intellectual property rights or personality, a license or any other right on the Site, the elements which make it up and/or its content.
    5. The Site may contain hypertext links to third-party websites, and generally to all other existing resources on the Internet, managed by third parties and over which HENRAS has no control. Consequently, HERANS declines all responsibility for the content of these third-party sites, the use that may be made of them and the content to which these third-party sites may refer, for which the third party concerned is solely responsible.
    6. Any creation of links to the Site is subject to the prior and express authorization of HENRAS, which reserves the right to request the removal of any link to the Site which has not been, or no longer is, authorized and to request damages in compensation for the loss suffered as a result.

  7. FORCE MAJOR
    1. Any event constituting a case of force majeure within the meaning of the case law and the applicable legal provisions, such as in particular, and without this list being exhaustive, flood, fire, storm, lack of raw materials , transport strike, partial or total strike, or lockout, which would prevent or render exorbitant the total or partial performance of HENRAS' obligations, constitutes, by express agreement, a cause of suspension or termination of its obligations.
    2. The event in question being beyond the control of HENRAS, the Customer will not be compensated in this respect.
    3. HENRAS will inform the Customer by any means of the occurrence of this event, and will determine with him the terms of execution of the order for the duration of the said case of force majeure.

  8. GENERAL PROVISIONS
    1. No Waiver
      The fact that HENRAS does not avail itself of a right or a provision of the GCS, or of a failure or breach by the Customer of any of its contractual or legal obligations, cannot constitute a waiver to avail itself of such stipulation, default or breach. Any waiver will only be enforceable if expressed in writing to the Client by HENRAS.
    2. Autonomy
      If any of the provisions of the GCS were declared null or inapplicable under the terms of a legal or regulatory provision or a judicial decision that has become final, said provision will be considered as unwritten and must be interpreted in accordance with the applicable legislation. in order to best reflect the initial intentions of HENRAS, without nullifying the other provisions of the GCS.
    3. Entirety
      1. These T&Cs, the Confidentiality Policy and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the latter and HENRAS.
      2. In general, it is expressly agreed between HENRAS and the Client that e-mails will prevail between them, as well as the automatic recording systems used on the Site and the data resulting therefrom, in particular as regards the nature and the date of the order. Archiving of purchase orders and invoices is carried out by HENRAS on a reliable and durable medium that can be produced as proof.13.3.3. The Customer may access, in accordance with the rules of common law, the electronic contract concluded between the Customer and HENRAS once the order has been confirmed. To do this, he contacts customer service at the contact details mentioned in article 14 of the GCS, to which he will provide, if necessary, all the information necessary for this purpose, in particular the order number and his contact details.

  9. GENERAL PROVISIONS

For any information, complaint or question relating to these GCS or to the products themselves, the Customer is invited to contact HENRAS customer service by:

    1. Telephone at 05.31.60.02.11, Monday to Friday from 9 a.m. to 6 p.m. (free from a landline),
    2. Email to service-client@truffeshenras.com,
    3. Postal mail to the address TRUFFUS 450 rue des tamaris 82000 Montauban
    4. The contact form available on the page https://truffeshenras.com/en/pages/contact , accessible from the Site by clicking on the link “CUSTOMER SERVICE”

  2. APPLICABLE LAW AND JURISDICTION
    1. These T&Cs and the related orders are governed by French law.
    2. In the event of a dispute relating to an order, the Customer must first contact customer service at the contact details mentioned in article 14 of the GCS, in order to find an amicable solution.
    3. In the event of a persistent dispute that has not been resolved by customer service, the Customer is invited to contact the mediation service named below, to which HENRAS adheres, in order to reach an amicable solution:

      CM2C (Consumer Mediation Center of Justice Conciliators).
      By electronic means https://cm2c.net/declarer-un-litige.php, by post: 14 rue Saint Jean 75017 Paris or by telephone: 06 09 20 48 86.
    4. In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and industry professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .
    5. In the absence of an amicable outcome and whatever the origin of the conflict, whether in particular the formation, execution, interpretation, validity, termination or resolution of these CGV and this including for the conservatory procedures, the emergency procedures, in the event of summary, of appeal in guarantee, of request or of plurality of defendants, this one will be of the exclusive competence of the competent French courts, in accordance with the rules of common law; it being specified that the deadlines for taking legal action are not interrupted during the time during which an amicable solution is sought or mediation requested by the Customer.