These General Terms and Conditions
Terms of Sale (hereinafter "General Terms and Conditions of Sale" or "GTC") are concluded
between the company HUILERIE EMILE NOEL, a simplified joint-stock company, and
capital of €949,000, whose registered office is located at Chemin des Oliviers 30130
Pont Saint-Esprit, registered with the Nîmes Trade and Companies Register
– VAT number FR 02660201138 - hereinafter “L'HUILERIE EMILE NOEL” and the person
physical person having the status of consumer (hereinafter "Customer(s)") wishing
to purchase food products and/or any other type of product developed
under the brands, exclusive property of HUILERIE EMILE NOEL (hereinafter
"Product(s)"), via the website www.emilenoel.com <
website address > (hereinafter the “Site”).

EMILE NOEL OIL MILL can
be contacted as follows:

Email:
boutique@emilenoel.com

Phone :
+33 (0) 4 66 90 54 54

These Terms and Conditions are
accessible at any time on the Site's homepage.

Any order placed on
The Site necessarily implies the Client's unreserved acceptance of the
These General Terms and Conditions of Sale.

The Client's consultation of the Site
is also governed by the Legal Notices and General Terms and Conditions
Terms of Use of the Site and the Privacy Policy are accessible
on the Site also at the bottom of the homepage.

The terms used below have the following meanings in these General Terms and Conditions:

“Client”: refers to the Seller’s contracting party, who warrants that they qualify as a consumer as defined by French law and case law. As such, it is expressly stipulated that the Client is a natural person acting for purposes outside their trade, business, craft, profession, or agricultural activity.

“Order”: refers to the purchase of Products by a Customer on the Site.

"Identifiers": refers to the email address or identifier chosen by the Client during registration and their password, necessary to access their Account on the Site.

“Account”: refers to the space dedicated to the Client, associated with all the data provided by the Client, hosted on the Site. Access to the Account is via the Client's login credentials.

“Delivery” means the presentation of the Products ordered by the Customer at the delivery address indicated during the Order.

“Products”: refers to all Products marketed by L'HUILERIE EMILE NOEL on the Site such as Products and accessories presented under the brands of L'HUILERIE EMILE NOEL which remain its exclusive property.

“Site”: refers to the Seller’s website accessible at the following address: www.emilenoel.com

“The Parties”: The Seller and the Client referred to collectively.

“Territory”: Place of delivery of products: Metropolitan France, Corsica, Monaco, Germany, Belgium, Luxembourg, Switzerland, Italy, Spain, Canada.

Article 1 - PURPOSE

These General Terms and Conditions govern the sale of Products ordered via the Website www.emilenoel.com by the Consumer Client from HUILERIE EMILE NOEL.

They define in particular all the steps necessary for placing the order as well as for its delivery and foresee all possible incidents that may result.

Article 2 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The Customer agrees to read these terms and conditions carefully and expressly accept them before proceeding with payment for any Product Order placed on the Site.

These Terms and Conditions are referenced at the bottom of the Site's homepage via an accessible link and must be consulted before placing the Order.

EMILE NOEL OIL MILL strongly advises the Customer to read these Terms and Conditions with each new Order, the latest version applying to any new Order of Products.

By clicking on the "Add to Cart" then "Place Order" and finally "Confirm Order" buttons, the Customer acknowledges having read, understood and accepted the Terms and Conditions without limitation or condition.

Article 3 - REGISTRATION OF A CUSTOMER ACCOUNT ON THE WEBSITE

3.1 Activation of the Customer Account

Orders placed on the Site are made by opening a Customer account from which the Customer can track their Orders, return requests and update their personal information.

Any incomplete registration will not be validated, which the Client acknowledges and accepts.

To open this account, the customer must:

• Choose an identifier;
• Enter your email address;
• Choose a password;

The email address, or the username provided during registration and the password constitute the Client's credentials which must be kept confidential.

The customer can log in to their account to change their password. It is strongly recommended to change your password regularly.

The Client can access their account at any time after logging in with their credentials.

EMILE NOEL OIL MILL reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility and the information provided.

Customers are informed and agree that the information entered for the purpose of creating or updating their account serves as proof of their identity. The information entered by Customers is binding upon validation.

L'HUILERIE EMILE NOEL undertakes to securely store all contractual elements whose storage is required by law or regulations in force.

The Client will be solely responsible for the use of their credentials or actions taken through their Account.

In the event that a Client discloses or uses their credentials in a manner contrary to their intended purpose, L'HUILERIE EMILE NOEL may then terminate access to the Account without notice or compensation.

L'HUILERIE EMILE NOEL cannot be held liable in any way for the theft of a Customer's identity. All access and transactions carried out from a Customer Account will be presumed to have been carried out by that Customer, insofar as L'HUILERIE EMILE NOEL is neither obligated nor equipped with the technical means to verify the identity of individuals accessing the Account.

Any loss, misappropriation, or unauthorized use of a Customer's credentials and their consequences are the sole responsibility of the Customer, who is required to notify L'HUILERIE EMILE NOEL without delay by email at boutique@emilenoel.com .

3.2 Deactivation of the Customer Account

The Customer may close their account at any time by sending an email to boutique@emilenoel.com . The Account will then be deactivated by L'HUILERIE EMILE NOEL as soon as possible, and a confirmation email will be sent to the Customer.

In the case of pending orders, these must be paid for by the Customer and delivered by L'HUILERIE EMILE NOEL.

Article 4 - ORDERING PROCEDURE

4.1 Purchase Conditions

To be able to purchase a Product, the Customer must be at least eighteen (18) years old
years of age and/or have legal capacity and be a consumer.

4.2 Product Characteristics

All products offered to the customer by L'HUILERIE EMILE NOEL on its website are presented with a photograph and a description clearly outlining the essential characteristics of the product. All products comply with current European legislation and applicable French standards for products intended for human consumption and cosmetics.

EMILE NOEL OIL MILL will indicate when legally required to do so:

• The environmental qualities and characteristics of any product
  waste generator ( incorporation of recycled materials, durability, recyclability, etc.) ;
• Sorting rules applicable to the Product.

The Customer will be required to carefully read the various warnings appearing on the product descriptions, and in particular the usage instructions, before placing any order.

4.3 Commands

Orders are placed directly on the Website. To place an order, the Customer must carefully follow the steps provided. However, the steps may differ slightly depending on the Customer's starting page.

4.4 Product Selection and Purchase Options

The Customer must select their desired Product by clicking on it, choosing the desired characteristics and quantities. Once a Product is selected, it is added to their shopping cart. The Customer can, of course, add as many Products as they wish to the same cart.

4.5 Placing the Order

Once the Products have been selected and placed in their basket, the Customer must click on the "Add to Cart" tab and check that the contents of their Order are correct, then they can click on the "Order" tab.

Once this operation has been completed, an automatically filled-out online form, "Order Summary," will appear, summarizing the
Products, summarizing the price, any "promo code", applicable taxes and, where applicable, delivery charges.

In order for the Order to be validly processed by L'HUILERIE EMILE NOEL, the Customer is then invited either to log in to his Account with his Credentials, or to provide the information allowing him to be identified by clearly completing the mandatory fields: "Contact details", "Delivery address", "Delivery options".

The Customer must clearly indicate all information relating to the Delivery in particular the exact address of the chosen location including an access code if available.

The Customer can then proceed to payment by credit card, which will be done securely, by clicking on the "Order and Pay" tab.

4.6 Order Acknowledgement

Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer's Order.

A copy of the Order acknowledgement is automatically sent to the Customer by email, provided that the address provided via the form is correct.

It is specified that L'HUILERIE EMILE NOEL does not send any order confirmations by mail, telephone or fax.

4.7 Billing

The Customer will receive the original invoice upon Delivery of the Products, inside the package. Neither the order form that the Customer completes online, nor the Order Acknowledgement that L'HUILERIE EMILE NOEL sends to the Customer by email, constitutes an invoice.

4.8 Order Date

The Order Date is the date on which L'HUILERIE EMILE NOEL acknowledges receipt of the Order online. The delivery times indicated on the Website only begin to run from this date.

Article 5 - PRICE

For all Products, the prices indicated on order forms and invoices are displayed in euros (€) including all taxes (TTC).

The applicable delivery charges are billed in addition to the price of the products; they depend on the country of delivery, the weight of the package, and the delivery method chosen.

Prices inclusive of all taxes include Value Added Tax (VAT) at the rate in effect on the date of the order. Any change in the applicable rate may affect the price of the products from the date the new rate comes into effect.

The applicable VAT rate is expressed as a percentage of the value of the Product sold.

The prices of the suppliers of HUILERIE EMILE NOEL are subject to change; consequently, the prices indicated on the Site may change. They may also be modified in the event of special offers or sales.

The applicable price is the one indicated on the Site on the date the Order is placed by the Customer.

Article 6 - PRODUCT AVAILABILITY/OUT OF STOCK

Products sold on the Site are offered subject to availability. Any product that becomes unavailable will be removed from the online sales catalog as soon as possible.

Product unavailability is indicated on the relevant product page. Customers may also be notified by L'HUILERIE EMILE NOEL when a product is back in stock.

In any event, if the unavailability was not indicated at the time of the Order, L'HUILERIE EMILE NOEL undertakes to inform the Customer without delay of its unavailability.

In this latter case, L'HUILERIE EMILE NOEL may, and if the parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.

If the Customer decides to cancel his Order for unavailable Products, he will obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was terminated.

Article 7 - WITHDRAWAL

7.1 The Principle of Withdrawal

In accordance with the provisions of Article L 221-18 of the Consumer Code, the Customer has the right to withdraw by returning or sending back the Product to L'HUILERIE EMILE NOEL without having to justify his decision except for Products liable to deteriorate or expire rapidly in accordance with Article L 221-8 of the Consumer Code.

7.2 Exclusions from the right of withdrawal

In accordance with Article L221-28 of the Consumer Code, the Customer may not exercise their right of withdrawal, particularly for the following Products:

• Supply of goods liable to deteriorate or expire rapidly;
• Which have been unsealed by the Customer after delivery and cannot be returned for hygiene or health protection reasons;
• Which, after being delivered, are by their nature inseparably mixed with other articles;

The agri-food products sold by the HUILERIE EMILE NOEL website being perishable products, therefore the Customer will not be able to exercise the right of withdrawal for said products that he or she has ordered.

7.3 The withdrawal period for non-perishable Products sold on our Site

For non-perishable Products offered for sale by our Site, the withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier, and designated by the Customer, takes physical possession of the goods.

In the event that the Customer has ordered several Products via a single Order resulting in several Deliveries, the withdrawal period will expire fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last item.

To exercise their right of withdrawal, the Customer must notify their decision to withdraw by means of an unambiguous statement sent by post, or by email to boutique@emilenoel.com .

If applicable, a withdrawal form is available to the Customer and is provided in the Annex to these Terms and Conditions.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded, the return costs remaining the responsibility of the Customer.

For this, the Product must be returned or sent back no later than fourteen (14) days after the communication of the decision to withdraw, unless L'HUILERIE EMILE NOEL offers to collect the said Product itself.

7.4 Effects of withdrawal

In the event of withdrawal by the Customer and except for the cases of exclusion stated in article 7.2 herein, L'HUILERIE EMILE NOEL undertakes to reimburse all sums paid, including Delivery costs, without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw in accordance with article L 221-24 of the Consumer Code.

Unless it offers to collect the Products itself, L'HUILERIE EMILE NOEL may defer the refund until the Products are recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first.

L'HUILERIE EMILE NOEL will make the refund using the same payment method that the Customer used for the initial transaction, unless the Customer expressly agrees to use another payment method and provided that the refund will not incur any costs for the Customer.

7.5 Return Procedures

The Customer must in any event return the Product no later than fourteen (14) days after communicating to HUILERIE EMILE NOEL his decision to withdraw.

7.6 Condition of returned goods

The product must be returned to L'HUILERIE EMILE NOEL in its original packaging and unopened box, in excellent condition, allowing for its resale by L'HUILERIE EMILE NOEL, with all accessories, instructions, warranty, and invoice. If the product was purchased as part of a promotional offer that included one or more gifts, the customer must also return the product along with those gifts.

Article 8 - PAYMENT

8.1 Payment methods

The payment method offered by L'HUILERIE EMILE NOEL is payment by VISA or MASTERCARD credit card via secure online payment from the Site.

L'HUILERIE EMILE NOEL will take all necessary measures to guarantee the security and confidentiality of data transmitted online in connection with online payment on the Site.

It is hereby specified that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.

To be registered, the order must be paid for in full. Unpaid orders cannot be processed.

EMILE NOEL OIL MILL reserves the right to suspend any order or delivery in the event of refusal of payment authorization by financial institutions.

8.2 Payment Date

In the case of a single payment by bank card, the Customer's account will be debited as soon as the Order of Products is placed on the Site.

In the event of partial delivery, the total amount will be debited from the Customer's account at the earliest when the first package is shipped.

If the Customer decides to cancel their Product Order due to unavailability, the refund will be made in accordance with the last paragraph of article 6 of these Terms and Conditions.

8.3 Refusal of payment

If the bank refuses to debit a bank card, the Customer must contact the Customer Service of L'HUILERIE EMILE NOEL in order to pay for the Order by any other valid means of payment accepted by L'HUILERIE EMILE NOEL.

In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the amount of the purchase due by the Customer proves impossible, the Order will be cancelled and the sale automatically terminated.

Article 9 - EVIDENCE AND ARCHIVING

Any order form concluded with the Customer will be archived by HUILERIE EMILE NOEL via its hosting provider AITEC, for a period of ten (10) years in accordance with Article L 213-1 of the Consumer Code.

EMILE NOEL OIL MILL agrees to archive this information in order to track transactions and produce a copy of the contract at the Client's request.

In the event of a dispute, L'HUILERIE EMILE NOEL will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 10 - TRANSFER OF OWNERSHIP – TRANSFER OF RISK

EMILE NOEL OIL MILL remains the owner of the delivered Products until they are paid for in full by the Customer.

The above provisions do not preclude the transfer to the Customer of the risks of loss or damage to the Products subject to the retention of title, as well as the risks of damage they may cause, at the time when the latter, or a third party designated by him, takes physical possession of the Products, in accordance with Article L 216-4 of the Consumer Code.

In the event of delivery to a carrier other than that proposed by L'HUILERIE EMILE NOEL, the risk of loss or damage to the Products is transferred to the Customer upon delivery of the Products to the carrier.

Article 11 - DELIVERY

Home deliveries are made to mainland France, Corsica, Monaco, Germany, Belgium, Luxembourg, Italy, Spain and Canada.

Orders indicating a P.O. box cannot be processed.

The Products are shipped to the precise Delivery address that the Customer will have indicated during the Ordering process.

L'HUILERIE EMILE NOEL cannot be held responsible for any return of delivery due to an incorrect address or an inability to deliver to the address provided.

In the event that an address is inaccurate or incomplete, L'HUILERIE EMILE NOEL reserves the right to contact the recipient directly by telephone to obtain the missing information, provided the telephone number is correct and the recipient is available. If this is the case, the customer will be charged delivery fees. If the delivery driver is unable to contact the customer, the customer will not be entitled to a refund of the delivery fees.

If the product, under the responsibility of the carrier, has not been delivered, for any other reason related to customs, strike or any other cause of force majeure as provided for in Article 1218 of the Civil Code, the sale may be cancelled and the Customer may obtain a refund of the price to the exclusion of any other compensation or damages.

11.1 Shipping time

EMILE NOEL OIL MILL delivers the Product within the timeframe indicated to the consumer on the Website unless otherwise agreed by the parties. These timeframes exclude weekends and public holidays.

Delivery of the Product means the transfer of physical possession of the goods to the consumer. Unless otherwise indicated or agreed upon regarding the delivery date, L'HUILERIE EMILE NOEL will deliver the goods without undue delay and at the latest thirty days after the order, in accordance with Article L 111-1 of the French Consumer Code.

An email will be automatically sent to the Customer at the time of shipment of the Products, provided that the email address in the registration form is correct.

11.2 Delivery Times & Costs

During the ordering process, L'HUILERIE EMILE NOEL informs the Customer of the available shipping options and delivery times for the purchased Products. Shipping costs are calculated automatically based on the delivery method, the weight of the package, and the recipient's country address.

The amount of these costs will be payable by the Customer in addition to the price of the Products purchased.

Shipping is free for all orders over sixty (60) € (including VAT) exclusively for deliveries within mainland France. This offer is not available for deliveries to Corsica or internationally. HUILERIE EMILE NOEL reserves the right to modify or withdraw this offer at any time.

In the absence of any indication or agreement regarding the delivery date, L'HUILERIE EMILE NOEL shall deliver the Product without undue delay and at the latest thirty (30) days after the conclusion of the Contract in accordance with Article L 216-1 of the Consumer Code.

11.3 Delivery Methods

The Customer can check the status of their Order on the Website. Delivery tracking may be available using the tracking tools of certain carriers. The Customer can also contact Customer Service at any time by email at boutique@emilenoel.com to obtain information on the status of their order.

The package can be delivered to the customer upon signature, according to the choice made in their order.

In case of absence, a delivery notice will be left for the Customer to allow them to collect their package from the drop-off location mentioned.

11.4 Delivery problems

The Customer is informed of the delivery date when they choose the shipping method at the end of the online ordering process before validating their order.

The Customer must notify L'HUILERIE EMILE NOEL of any delivery delay as soon as possible by calling Customer Service at +33 (0) 4 66 90 54 54 from Monday to Thursday from 08:30 to 12:00 and from 13:30 to 17:00 and on Friday from 08:00 to 12:00 or by sending an email to boutique@emilenoel.com to allow L'HUILERIE EMILE NOEL to take the necessary steps with the transport services.

If HUILERIE EMILE NOEL does not deliver the Products within a reasonable time following the sending of the email by the Customer and at the latest thirty (30) days after the order, the Customer may cancel his order by calling Customer Service at + 33 (0) 4 66 90 54 54 from Monday to Thursday from 08:30 to 12:00 and from 13:30 to 17:00 and on Friday from 08:00 to 12:00 or by sending an email to boutique@emilenoel.com .

Once the right of cancellation has been exercised, L'HUILERIE EMILE NOEL will make a refund of the order to the bank card used to place the order, as soon as possible and at the latest fourteen (14) days from receipt of the cancellation request from the Customer.

11.5 Customer Delivery Control

The Customer must check the external condition of the Product package upon delivery and verify that the delivered Products correspond to their order. Any anomaly concerning the delivery (damaged packages, missing Products compared to the invoice, delivery delays, etc.) must be noted on the delivery receipt presented by the carrier. The Customer must also report this anomaly in writing to L'HUILERIE EMILE NOEL, Customer Service, Chemin des Oliviers 30130 Pont Saint-Esprit.

Under no circumstances will L'HUILERIE EMILE NOEL be held responsible for any deterioration of the Products due to their late collection from the carrier.

Article 12 – PACKAGING

The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection during delivery.

Customers agree to comply with the same standards when returning Products under the conditions set out in Article 7 – Withdrawal.

Article 13 - GUARANTEES

Apart from any commercial guarantees that the Seller may offer for certain Products, all Customers benefit from "legal guarantees" for all Products in accordance with Article L 221-5 of the Consumer Code.

13.1 Guarantee of conformity

According to Article L 217-4 of the Consumer Code: " The goods are in conformity with the contract if they correspond to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; if they are suitable for any special purpose sought by the consumer, made known to the seller no later than at the time of conclusion of the contract and which the latter has accepted; if they are delivered with all the accessories and installation instructions, which must be provided in accordance with the contract ."

It follows from Article L 217-5 of the Consumer Code that, in addition to the conformity criteria, the goods are compliant if they are fit for the purpose for which goods of the same type are normally used; if they possess the qualities that L'HUILERIE EMILE NOEL presented to the consumer before the conclusion of the contract; if they are delivered with all the accessories including packaging, installation instructions that the consumer can legitimately expect; if they correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the Product as well as the public statements made by L'HUILERIE EMILE NOEL, by any person upstream in the chain of transactions including in advertising or on labelling.

The Consumer has two (2) years from the date of delivery of the Product to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of a lack of conformity, not the date on which it appeared. The legal guarantee of conformity entitles the consumer to the repair or replacement of the Product within thirty (30) days of their request, free of charge and without significant inconvenience.

It is understood that this guarantee does not apply to perishable agri-food products and cosmetics sold by L'HUILERIE EMILE NOEL.

For other Products, whose characteristics, other than those from the agri-food and cosmetics sectors, sold by L'HUILERIE EMILE NOEL, do not allow for their repair, the Customer will have the option of a refund or replacement of said Product. If a replacement proves impossible, L'HUILERIE EMILE NOEL undertakes to refund the price of the Product within thirty (30) days of receiving the returned Product from the Customer, provided the Product is returned to the following address: HUILERIE EMILE NOEL, Customer Service, Chemin des Oliviers 30130 Pont Saint-Esprit, France.

13.2 Warranty against hidden defects

In accordance with Article 1641 of the Civil Code: "The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them ."

This guarantee allows the Customer who can prove the existence of a hidden defect to choose between a refund of the price of the Product if it is returned and a refund of part of its price if the Product is not returned.

In the event that a replacement or repair is impossible, L'HUILERIE EMILE NOEL undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address: HUILERIE EMILE NOEL Chemin des Oliviers 30130 Pont Saint-Esprit.

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect in accordance with Article 1648 of the Civil Code.

14 - RESPONSIBILITY

The liability of HUILERIE EMILE NOEL cannot be engaged in any case in the event of non-performance or improper performance of contractual obligations attributable to the Client, in particular during the entry of his Order.

It is further specified that L'HUILERIE EMILE NOEL does not control the websites that are directly or indirectly linked to the Site. Consequently, it disclaims all liability for the information published on them. Links to third-party websites are provided for informational purposes only, and no guarantee is given as to their content.

Article 16 - FORCE MAJEURE

The liability of HUILERIE EMILE NOEL cannot be invoked if the non-performance or delay in the performance of any of its obligations described in these General Terms and Conditions arises from a case of force majeure as defined by the jurisprudence of the French courts.

In accordance with Article 1218 of the Civil Code, there is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions set forth in Articles 1351 and 1351-1 of the Civil Code.

In the event of the occurrence of one of the aforementioned events, L'HUILERIE EMILE NOEL will endeavor to inform the Client as soon as possible.

Article 17 - PERSONAL DATA

L'HUILERIE EMILE NOEL collects personal data on the Site concerning its Customers in the context of managing information requests, managing and monitoring accounts and contracts, managing orders and deliveries of Products, managing payment, the proper functioning and continuous improvement of the Site, managing requests for rights arising from the GDPR (General Data Protection Regulation) and if the Customer has expressly chosen this option, sending them newsletters and commercial offers, unless the Customer does not wish to receive such communications from L'HUILERIE EMILE NOEL anymore.

EMILE NOEL OIL MILL also collects information about its customers through cookies. Customers can disable cookies by following the instructions provided by their browser.

In this regard, the Customer is invited to consult the Privacy Policy of L'HUILERIE EMILE NOEL accessible at the bottom of the home page of the Site at the following address www.emilenoel.com <website address> which will give him/her more information relating to the protection of personal data, the processing carried out via the Site and the procedures for exercising rights.

Article 18 - INTELLECTUAL PROPERTY

All visual and audio elements of the Site, including the underlying technology used, are protected by copyright and trademark law.

These elements are the exclusive property of HUILERIE EMILE NOEL, the latter may also benefit from a third-party license allowing commercial exploitation.

Anyone who publishes a website and wishes to create a direct hyperlink to the Site must request written permission from L'HUILERIE EMILE NOEL.

This authorization will not be granted permanently under any circumstances. This link must be removed at the request of L'HUILERIE EMILE NOEL. Hyperlinks to the Site using techniques such as framing or in-line linking are strictly prohibited.

Any representation or reproduction, in whole or in part, of the Site and its content, by any means whatsoever, without the prior express authorization of L'HUILERIE EMILE NOEL, is prohibited and will constitute an infringement punishable under Articles L 335-1 et seq. and L 716-4 et seq. of the Intellectual Property Code.

Acceptance of these General Terms and Conditions constitutes recognition by the Client of the intellectual and industrial property rights of HUILERIE EMILE NOEL and an undertaking to respect them.

Article 19 - COMPLAINTS

Complaints or disputes will always be received with kindness.

All written complaints from the Customer must be sent to the following address: HUILERIE EMILE NOEL Customer Service, Chemin des Oliviers 30130 Pont Saint-Esprit or by email to boutique@emilenoel.com

Article 20 - VALIDITY OF THESE TERMS AND CONDITIONS

Any modification of the legislation or regulations in force or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect their validity.

Such a modification or decision does not in any way authorize the Client to disregard these Terms and Conditions.

Article 21 - MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE Article 20.

These Terms and Conditions apply to all Orders placed online on the Site, as long as the Site is available online.

The Terms and Conditions are dated and may be modified and updated by L'HUILERIE EMILE NOEL at any time. The applicable Terms and Conditions are those in effect at the time of the Order.

The changes made to these Terms and Conditions will not apply to Products already ordered and purchased. 

Article 22 - APPLICABLE LAW AND JURISDICTION

The General Terms and Conditions of Sale and the relationship between the Client and L'HUILERIE EMILE NOEL are governed by French law.

In the event of a dispute related to the application and/or interpretation of these Terms and Conditions or an order, you have the option of contacting our Customer Service at + 33 (0) 4 66 90 54 54 or by email at boutique@emilenoel.com in order to find an amicable solution.

In the absence of an amicable agreement, you have the option of resorting to a conventional mediation procedure by contacting the Paris Mediation and Arbitration Centre (CMAP) in accordance with Ordinance No. 2015-1033 of 20 August 2015 and the implementing decree No. 2015-1382 of 30 October 2015, subject to Article L 612-2 of the Consumer Code, accessible at http://www.cmap.fr or at the postal address CMAP Service Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.

You can also submit the dispute to the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform can be accessed at the following address: https://webgate.ec.europa.eu/odr/.

Recourse to mediation is an alternative mechanism that is not a prerequisite for taking legal action.

Therefore, notwithstanding the foregoing, if no amicable solution is found (including following the mediation process described above) or if you wish, you may bring the claim or dispute directly before a court without following an amicable resolution process, the courts of Nîmes shall have jurisdiction to hear any dispute, unless otherwise provided by law which would refer to the mandatory jurisdiction of a foreign court.

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of ...................

I hereby notify you of my withdrawal from the General Terms and Conditions of Sale relating to the sale of the Product below:

• Ordered on ................... / issued on ...................
• Product ...................
• ................... <Consumer Name>
• Customer Address: ...................
• ................... <Customer Signature (only if this form is submitted on paper)>
• Date : ...................

In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period of fourteen (14) days (Article 7 of the General Terms and Conditions and Article 221-18 of the Consumer Code).