General Terms and Conditions of Sale (GTC)
Le Cellier International is a brand of the FRIO ENTREPRISE group.
These General Terms and Conditions of Sale (“GTC”) apply to all orders placed on the website lu.lecellierinternational.com (“the Website”). By confirming their order, the Customer declares that they have read and unreservedly accept these GTC. These General Terms and Conditions of Sale (“GTC”) comply with Article L441-6 of the French Commercial Code and apply to products sold by FRIO ENTREPRISE under a brand or trade name owned by it or for which it acts as a distributor, and form an integral part of our contractual provisions. Placing an order implies the buyer’s full and unreserved acceptance of these General Terms and Conditions of Sale, notwithstanding any contrary stipulation proposed by the buyer. FRIO ENTREPRISE reserves the right to suspend or cancel the sale, in whole or in part, in the event of force majeure, defined as any event likely to halt or reduce the manufacture of products, the transport of goods, or prevent the normal performance of the contract.
Subject
These Terms and Conditions of Sale are intended to describe the terms governing the online sale of goods and services between FRIO ENTREPRISE and the Customer. They set forth the full scope of the parties’ rights and obligations. FRIO ENTREPRISE may adapt or modify these Terms and Conditions of Sale at any time. The applicable Terms and Conditions are those in effect on the date the Customer places the order.
Orders
1. General Provisions
The Customer places an order in accordance with the specifications listed on the Website. Any order confirmed by the Customer will not be considered valid by FRIO ENTREPRISE until it has been accepted by the Bancontact online payment server. Through the Website, the Customer may choose to have the order delivered to their home or to an address of their choice. Any modification or cancellation of the order requested by the buyer will only be considered if it is received in writing before the products are shipped. FRIO ENTREPRISE reserves the right, in any case, not to comply with such a request.
2. Fraud Prevention
To ensure the security of transactions and prevent online payment fraud, FRIO ENTREPRISE reserves the right to verify the accuracy of the information entered by the Customer when placing the order. Consequently, FRIO ENTREPRISE’s Customer Service department may ask the Customer, by phone and/or email, to provide one or more supporting documents (a copy of an ID and proof of address). This request will result in the order being suspended pending the submission of these supporting documents via email to [email protected] or by mail to the following address: FRIO ENTREPRISE, Website Department, 143 boulevard Pierre Lefaucheux, 72230 Arnage. Furthermore, FRIO ENTREPRISE may cancel the order if the supporting documents do not comply with requirements or if they are not submitted. In such a case, the cancellation of the order shall not entitle the Customer to any damages.
Price
The prices of the products on the Site are listed in euros, including all taxes but excluding shipping costs. Product prices are those in effect at the time the Customer places the order. However, FRIO ENTREPRISE reserves the right to change its selling prices at any time prior to order confirmation.
Payment
The products and services featured on the website are payable at the time of order.
1. Payment Methods
Payment can be made using the Bancontact platform, by credit card, bank transfer, or via PayPal. We also offer the option to pay in 3 to 4 installments at no extra cost through Klarna.
FRIO ENTREPRISE, Website Services, 143 bd Pierre Lefaucheux, 72230 Arnage.
2. Failure to Pay
FRIO ENTREPRISE reserves the right to refuse to fulfill an order or make a delivery to a Customer who has not paid for a previous order in full or in part, or with whom a payment dispute is currently pending. FRIO ENTREPRISE reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or stage of completion: i) in the event of non-payment of any amount owed by the Customer, ii) or in the event of a payment issue.
3. Retention of Title
It is agreed that the goods delivered and invoiced to the Customer remain the property of FRIO ENTREPRISE until full payment of their price. Failure to pay may result in the reclamation of the goods.
Product Availability and Delivery
1. Terms and Conditions
Deliveries are made only within Metropolitan France. Delivery is made either by handing the product directly to the buyer or by delivering it to a shipper or carrier at the FRIO ENTREPRISE premises. Shipping costs are the responsibility of the Customer and vary depending on the type of order. They are displayed to the Customer when the Customer checks the availability of the product.
2. Availability and Delivery Time
Availability is indicated when the Customer checks the product’s availability. If the ordered product is unavailable, the Customer will be notified as soon as possible and will have the option to cancel the order. If an exchange is not possible, FRIO ENTREPRISE reserves the right to cancel the order and refund any amounts paid. FRIO ENTREPRISE shall not be held liable for the unavailability of the product, nor shall such unavailability entitle the Customer to any damages. If no delivery time is specified, delivery will take place as soon as possible and in the order in which orders are received. Our agreed-upon delivery times are provided for informational purposes only and are not binding.
3. Delivery Delays
Exceeding delivery deadlines shall not give rise to claims for damages, withholding of payment, or cancellation of pending orders. No penalties or claims for damages shall be accepted in the event of delayed, early, partial, or excess delivery. Similarly, no penalties will be accepted for delays caused by traffic accidents, police checks, or prolonged waiting times at other distribution centers. In the event of damage during transport, this may result in the partial or total rejection of the order related to such damage. Since this situation is not directly within our control, it shall not give rise to any penalties. Unless damage is formally reported to the carrier during the inspection of the products at the time of delivery, FRIO ENTREPRISE disclaims liability for any damage occurring in warehouses and/or at points of sale.
4. Transportation and Home Delivery of Orders
Delivery is deemed to have been completed when the carrier makes the ordered merchandise available to the Customer. This is confirmed by the Customer’s signature on the delivery receipt; the Customer must inspect the merchandise upon arrival, report any defects, or refuse the product if necessary. Once the product has been returned, FRIO ENTREPRISE will exchange the merchandise or issue a refund if the item is out of stock for more than 14 days. Our “standard” deliveries—that is, those offered free of charge to the customer—are made “to the doorstep,” meaning they are delivered at the bottom of your building or at the entrance to your residence. You must make the necessary arrangements to receive your package and transport it on your own. Be sure to measure your doors, stairways, and elevators before confirming your order. Any order confirmed by the customer requires full and unconditional acceptance of the General Terms and Conditions of Sale (checkbox in the shopping cart step of the online order process). Furthermore, under no circumstances may an order that has been confirmed and for which the goods have been picked up by the shipping company be refused solely on the grounds that delivery is made at the doorstep.
Product Return
1. Complaints
The Customer must verify, upon receipt of the order or at the time of delivery, that the number of packages matches the order and that the products are in good condition. If the delivered product(s) do not conform in type or quantity to the specifications indicated on the delivery slip or invoice included with the shipment, or if they have been damaged during transit, the Customer must complete the delivery slip by clearly noting their reservations and also reporting any damage caused by shipping. In the case of a product that does not match the order, if the delivery was made via express shipping: a prepaid shipping label will be sent to the Customer by mail so that the product(s) can be returned at our expense upon receipt of the claim; or by a carrier: the carrier will come to the Customer’s residence by appointment to pick up the merchandise. To this end, it is essential that the Customer keep the items in their original packaging and in the condition in which they were delivered. The Customer will be contacted promptly by FRIO ENTREPRISE and will then receive a new delivery, free of charge and by appointment, for any available products.
2. Right of Withdrawal
Time Limit
In accordance with Articles L.121-20 et seq. of the French Consumer Code, the Customer has fourteen (14) days from the delivery of their order to return any item that does not suit them, in its original packaging, and request a refund for the product(s) ordered from FRIO ENTREPRISE.
Procedures
The right of withdrawal may be exercised by registered letter with acknowledgment of receipt sent to the following address: FRIO ENTREPRISE, Le Cellier International Website, 143 boulevard Pierre Lefaucheux, 72230 ARNAGE.
Return Shipping Costs Related to the Customer’s Right of Withdrawal
Return shipping costs associated with the customer’s withdrawal are the customer’s sole responsibility. Any product(s) returned with shipping charges due or on a cash-on-delivery basis will be refused by FRIO ENTREPRISE. If the product(s) were delivered by a carrier, the carrier will come to the customer’s residence by appointment to pick up the product(s). The costs associated with the carrier’s visit will be deducted from the refund issued to the customer. In any case, returned products must be in their original packaging, unused, accompanied by proof of purchase, any accessories (if applicable), unassembled, along with user manuals and documentation. A refund or exchange is contingent upon the product not having been damaged by the Customer or returned incomplete. The refund for the product(s) following their return will be issued as soon as possible and no later than 30 days after the cancellation.
Warranties and After-Sales Service
1. Definition of the Warranty
FRIO ENTREPRISE provides the Customer with a one-year national warranty covering only functional parts on electrical appliances. This warranty does not cover labor or travel expenses. The product is covered by the warranty if it is accompanied by its original purchase invoice. The warranty covers products in their original configuration at the time of purchase, provided their serial number remains legible. The warranty is valid in Belgium.
2. Defects Upon Unpacking
If, upon unpacking, a defect is discovered that prevents the product from being used as intended, the Customer must contact FRIO ENTREPRISE within 72 business hours. The product will then be exchanged (excluding damage caused during assembly and missing hardware).
3. Extended Warranties
Warranty extensions offered by FRIO ENTREPRISE are valid only for appliances bearing the FRIO ENTREPRISE brand. Warranty extensions cover technical failures only. Warranty extensions cover the cost of defective parts, labor costs, and travel expenses within Belgium. If necessary, a technician will provide on-site service in Belgium.
4. Warranty Exclusions
Warranty extensions do not cover cosmetic or aesthetic parts, accessories, or wear-and-tear parts (cables, seals, filters, lamps, etc.). The FRIO ENTREPRISE warranty does not apply: In the event of accidental property damage. In particular, it does not cover damage or malfunctions resulting from improper installation, assembly, or use of the product, normal wear and tear, or lack of maintenance. In the event of consequential damages. The FRIO ENTREPRISE warranty covers only the right to repair or replacement of the warranted product. Indirect damages resulting from the breakdown or deterioration are therefore not covered by the warranty.
Liability
FRIO ENTREPRISE shall not be liable for any indirect damages or costs, nor for any losses—including, but not limited to, loss of data or information—or any damages or expenses arising from the Customer’s use of or inability to use the product.
FRIO ENTREPRISE cannot be held liable for goods stored inside its equipment that may be damaged
The buyer alone is responsible for the contents of the equipment sold by FRIO ENTREPRISE. FRIO ENTREPRISE also cannot be held liable for goods located on the buyer’s premises.
Force Majeure
FRIO ENTREPRISE shall not be held liable for any failure to perform the contract due to the occurrence of a force majeure event.
Any facts or circumstances that are unavoidable, unforeseeable, and beyond the control of the parties shall be considered fortuitous events or force majeure events that exempt the parties from liability.
Personal Data
As part of your business relationship with FRIO ENTREPRISE, we may ask you to provide certain personal data. We will indicate whether this information is required or optional.
This information is used solely to process your order or request (subscription to our newsletter, participation in a contest, request for information, etc.) and to personalize communications and product offerings on the website and in our newsletters.
Your data is confidential. FRIO ENTREPRISE undertakes not to disclose it to third parties other than its subcontractors without your express consent. Thus, we will only share your contact information with companies selected by FRIO ENTREPRISE whose offers may be of interest to you if you have agreed to this during registration.
Our website is also designed to be particularly attentive to our customers’ needs. This is one of the reasons we use cookies. The purpose of a cookie is to track your visit to our website in order to improve the personalized service we provide to you and to make it easier for you to navigate our site. You can prevent such cookies from being installed on the computer you are using by changing your web browser settings (for example, in Internet Explorer 7, by setting the privacy level to the highest setting under Tools > Internet Options > Privacy > Settings).
PLEASE NOTE: Doing so may prevent you from using certain features of our site in the future, as well as other websites, when using this computer.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to object to, access, correct, and delete data concerning you, rights which you may exercise under the terms of the Law of January 6, 1978, on Information Technology, Data Files, and Civil Liberties, by sending a letter to the FRIO ENTREPRISE Customer Service Department:
143 Boulevard Pierre Lefaucheux
72230 ARNAGE.
In all cases, your request must be signed and accompanied by a photocopy of your identification document.
Changes to the General Terms and Conditions of Sale
Any amendment to these General Terms and Conditions of Sale must, to be valid and binding on FRIO ENTREPRISE, be set forth in a written document signed by an individual expressly authorized by FRIO ENTREPRISE and referring to these General Terms and Conditions of Sale.
Applicable Laws
These Terms and Conditions are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Jurisdiction Clause
Any dispute that may arise in connection with or in relation to these General Terms and Conditions of Sale shall be submitted to the Commercial Court of Le Mans, to which the parties expressly confer exclusive jurisdiction. This shall apply regardless of the methods of purchase or payment provided for in these agreements, even in the event of multiple defendants or third-party claims, and regardless of the place of delivery of the ordered goods.
Consumer Dispute Mediation Mechanism
In accordance with Articles L611-1 et seq. and R612-1 et seq. of the Consumer Code, it is provided that for any contractual dispute concerning the performance of the sales contract and/or the provision of services that could not be resolved through a complaint previously filed with our customer service department, the Consumer may seek mediation free of charge. The consumer may contact the National Association of Mediators (ANM) either by mail at 62 rue Tiquetonne, 75002 Paris, or by email by filling out the online referral form at the following address: www.anm-conso.com.. For online purchases, the consumer may also visit the website of the European Online Dispute Resolution platform. The following website, www.economie.gouv.fr/mediation-conso, also contains all relevant information in the event of a cross-border dispute.
Company Contact Information
FRIO ENTREPRISE – Head Office: 143 Boulevard Pierre Lefaucheux, 72230 ARNAGE, FRANCE