.png)
The website www.scrapcooking.fr owned by CARAMBELLE, a French SAS with a capital of 22,000 euros, having its head
office at 14 rue Pierre et Marie Curie ZA La Haute Limougère 37230 FONDETTES, listed in the TOURS Companies and
Trade Register under number 487 474 918, consists in a sales platform for ScrapCooking® brand products.
ARTICLE 1 - SCOPE
These general terms and conditions of sale (GTCS) define the terms of sale for products presented by CARAMBELLE (the
Seller) on the website www.scrapcooking.fr. These products are intended for non-professional consumers only (the
Purchaser).
The applicable conditions are those in force on the date of order confirmation.
CARAMBELLE reserves the right to amend these general terms and conditions at any time. Note that the amended
general terms and conditions will not apply to transactions in progress at the time they come into force.
The act of placing an order on the website implies the individual’s full, unreserved acceptance of and adherence to these
general terms and conditions of sale, with no need for their express consent or handwritten signature, a fact that the
Purchaser expressly recognises while renouncing their right to rely on any contradictory document, which would be
unenforceable against the Seller.
When placing an order via our website, the Purchaser acknowledges that they are duly empowered to enter into a
contract with CARAMBELLE.
Unless proved otherwise, the data recorded by CARAMBELLE constitutes proof of all transactions.
ARTICLE 2 - PRODUCTS
2.1 Product identification
The website provides two kinds of product information:
written information on the product’s technical features;
aesthetic information represented by a photo of the product.
The photos offered on this website are intended to present our products as accurately as possible. Note however, that
said photos have no contractual value and, as such, CARAMBELLE cannot be held liable.
2.2 Product availability
Our product offers and prices are valid while stocks last. Should the products still be unavailable at least 15 days after
order confirmation, you will be informed by email or by post. You may then choose either to cancel your order and be
reimbursed within 15 days if your bank account has been debited, or to modify the content of your order.
ARTICLE 3 - PRICES
Product prices are given in euros, including all taxes, excluding transportation costs.
All orders, whatever their origin, are payable in euros.
CARAMBELLE reserves the right to modify its prices at any time. Note that products will be invoiced on the basis of the
price list in force on the date and time the order was placed.
CARAMBELLE retains ownership of the products until full payment has been received.
We recommend that you keep your invoice. It will be useful in the event of a complaint.
ARTICLE 4 - ORDERS
4.1 Order procedures
Orders are placed exclusively online via the www.scrapcooking.fr website.
Orders sent to CARAMBELLE by telephone, mail or fax will not be taken into account.
Any order placed with CARAMBELLE requires the creation of a Customer Area. Access to your Customer Area is
conditional upon your identification using the email address you provided when creating your account and the personal
and confidential login you have chosen.
Never communicate your Customer Area logins to third parties. CARAMBELLE shall not be held liable for any action
carried out via or on your Customer Area by a third party to whom you have communicated your logins or who has had
access to your logins or your Customer Account due to error or negligence attributable to you.
Orders sent to CARAMBELLE are irrevocably binding on the customer, unless we have accepted otherwise in writing.
Any request to modify a customer’s order composition or volume will not be taken into account.
4.2 Order confirmation
In accordance with the provisions of the French Civil Code on the signing of online contracts, the contract will be
concluded once you have confirmed your order using the "repeat click" method, and you have clicked on the order
confirmation button after having viewed the order summary together with details on its total price, and have had the
opportunity to correct any errors (e.g. identification and quantity of the selected product, corresponding prices, delivery
terms and costs).
The act of confirming your order therefore implies your full, unreserved acceptance of these General Terms and
Conditions of Sale.
Unless proved otherwise, the data recorded by CARAMBELLE constitutes proof of all business between CARAMBELLE and
its customers.
4.3 Recording orders
Once you have placed your order, CARAMBELLE will send you an Order Confirmation email acknowledging receipt of your
order. This email contains a summary of your order and the order number and constitutes final confirmation of your
order via the Order Validation email.
CARAMBELLE reserves the right not to confirm your order for any legitimate reason, especially if:
It does not comply with these GTCS,
A dispute relating to the payment of one of your previous orders is being processed,
There are several serious and concordant elements that would raise a suspicion of fraud on your order.
These emails are sent to the address you use to identify yourself in your Customer Area.
Please note: If you do not receive one of the two emails above, we recommend that you contact our Customer Service.
ARTICLE 5 - TERMS OF PAYMENT
5.1 Payment procedure
Orders are paid in cash by credit card (CB, VISA, Mastercard or American Express).
Credit card payments are debited immediately.
5.2 Secure payment
All purchase transactions are strictly confidential and encrypted using the SSL protocol.
At no point does CARAMBELLE have access to these details nor does it store them on its servers. You will be asked to
enter them again each time you make a purchase on the website. When you press the "Confirm" button during your
order confirmation process, our bank checks the validity of the credit card number and that it has not been cancelled.
You are therefore doubly protected against abuse and fraud.
In the event of a failed payment arising from fraudulent use of a bank card, the Purchaser’s details for this order will be
recorded in a payment incident file.
Under the law of 13 th March 2000 on electronic signatures, online communication of your credit card number and order
confirmation shall constitute proof both of the purchase and of the payability of all amounts outstanding on this order.
In the event of a payment incident, CARAMBELLE reserves the right to suspend or cancel delivery of any orders in
progress relating to the Purchaser.
ARTICLE 6 - DELIVERY
Products purchased on the www.scrapcooking.fr website are delivered worldwide.
All delivery periods are calculated in working days (subject to our confirming your order). The delivery date is calculated
on the basis of the time required for order preparation and dispatch plus the carrier’s delivery period.
Products are delivered to the delivery address that you indicated during the ordering process.
CARAMBELLE reserves the right to split shipments. Delivery costs will only be invoiced for a single shipment.
CARAMBELLE shall not be held liable for any consequences relating to late delivery. You will be notified by email of any
shipping delay that exceeds 15 days. In this case, and provided that the product has not been dispatched, you may
cancel your order, in which case a refund will be made. Please contact Customer Service if you have any queries or
problems.
Delivery issues
When you receive your parcel, you shall:
Check the conformity of the delivered products, at the time of delivery.
Indicate any anomaly on the delivery note in the form of a handwritten reservation accompanied by your
signature.
Notify the carrier and CARAMBELLE at the following address boutique@scrapcooking.fr within 48 hours of
receiving the product if you have any reservations about the delivered product (e.g. damaged package,
package already opened, etc.).
Depending on the situation, you may benefit from the following conditions of product exchange and
reimbursement.
If the Purchaser makes no reservation or complaint, the delivered product will be deemed conform and, as such, may not
be the subject of any subsequent dispute.
If they make a complaint, the Purchaser is responsible for providing all the necessary proof as to the reality of the
defects or missing products.
The Customer may not return products without CARAMBELLE’s express, prior written approval, sent by email.
Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L.121-20 et seq. of the French Consumer Code, the consumer Purchaser is
entitled to a withdrawal period of seven (7) working days as from the date of order delivery.
Should you wish to enforce your right of withdrawal, you shall return the products to us in their original packaging, in
good condition, complete (accessories, instructions, etc.), suitable for re-sale and accompanied by a copy of the purchase
invoice.
Items returned incomplete, damaged or soiled by the Purchaser will not be taken back.
Return costs are exclusively borne by the Purchaser.
The Purchaser may request an exchange (subject to availability) or a refund.
The Purchaser shall return the products to the following address:
CARAMBELLE
Service Web
14 rue Pierre et Marie Curie
ZA La Haute Limougère
37230 FONDETTES
The Purchaser shall include a letter with the returned product(s), indicating the order references and the desired solution
(exchange or refund).
In accordance with the provisions of Article L.121-20-2, the right of withdrawal shall not apply to certain products, in
particular:
products made to the consumer's specifications or clearly personalised;
products which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly
(foodstuffs, etc.).
ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES
The Purchaser benefits from the following legal warranties:
the legal warranty of conformity,
the legal warranty against hidden defects.
Article L. 211-4 of the French Consumer Code:
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of
conformity which exists upon delivery.
It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the
installation if it assumed responsibility or had it carried out under their responsibility.
Article L. 211-5 of the French Consumer Code:
To ensure compliance with the contract, the product shall:
1° Be suitable for the purpose usually associated with such a product and, where applicable:
correspond to the description given by the seller and have the features that the seller presented to the buyer
in the form of a sample or model;
have the features that a buyer might reasonably expect it to have considering the public statements made
by the seller, the manufacturer or its representative, including advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of
the purchaser which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the French Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French Civil Code
A seller is bound to a warranty on account of the hidden defects of the product sold which render it unfit for the use for
which it was intended, or which so impair such use that the buyer would not have acquired it, or would only have given a
lesser price for it, had they known of them.
Article 1648 paragraph 1 of the French Civil Code
Action resulting from redhibitory defects shall be brought by the purchaser within two years of the discovery of the
defect.
Defects, errors or non-conformity of the product
We agree to exchange or refund any product(s) that are apparently defective or do not correspond to your order. In this
case, we would appreciate your returning the product(s) to us with a detailed written explanation. CARAMBELLE will
exchange or refund the product(s) according to your choice. The request must be made within eight working days of
delivery. Any claim made after this period will not be accepted. The products must be returned to us in the condition in
which you received them (unopened) together with all the delivered items (accessories, packaging, instructions).
Products returned with postage due or cash on delivery are not accepted.
To activate the warranty, please contact our Customer Service Department at the following email address:
boutique@scrapcooking.fr.
Products must be returned to the following address:
CARAMBELLE
Service Web
14 rue Pierre et Marie Curie
ZA La Haute Limougère
37230 FONDETTES
The Seller's warranty is limited to exchange or refund of the nonconform or defective products.
Exclusions
The Seller's warranty shall not apply in the event of misuse, negligence or inadequate care on the part of the Purchaser,
improper use or use that does not comply with the technical specifications, incorrect handling, defects or damage caused
by fault or negligence attributable to the Purchaser or a third party, non-compliance with the rules of installation, use,
maintenance or environment, interventions, modifications or additions made by the Purchaser or a third party not
approved by the Seller, incorrect assembly attributable to the Purchaser or a third party, normal wear and tear or ageing
or force majeure.
In addition, the Seller's warranty does not cover the replacement of consumables.
The products on offer comply with current French legislation and with the applicable French and European standards.
They shall be used in accordance with the instructions detailed in the notices and other documentation sent to customers.
CARAMBELLE shall not be held liable for the consequences of any other use of its products. Similarly, CARAMBELLE shall
not be held liable for any non-compliance with the laws of the country where the product is used (e.g. if a product is
banned).
As indicated in Article 2, photos are provided for illustrative purposes only. If you would like further information about the
products, please contact our Customer Service department.
ARTICLE 9 - PERSONAL DATA
CARAMBELLE is responsible for processing your personal data.
The information that you send us when placing your orders is intended solely for CARAMBELLE and used for order
processing and follow-up, after-sales service for products ordered on our website, marketing activities and customer
relationship management relating to your customer account.
Your personal data may be communicated to CARAMBELLE’s service providers for the purposes of order processing and
after-sales service, as well as for marketing activities and customer relations. Please note that some of these service
providers are located outside the European Union.
We assure you that we have taken the necessary steps to legally regulate this transfer of data, in particular by
completing the appropriate formalities with the CNIL.
Provided that the Purchaser made no objection at the time of collecting their data, CARAMBELLE will send said Purchaser
its sales offers by email, SMS, telephone, if the Purchaser approved it, and by post.
The Purchaser may refuse said prospecting at any time, at no cost to CARAMBELLE’s prospecting activity, by addressing a
letter to 14 rue Pierre et Marie Curie ZA La Haute Limougère 37230 FONDETTES.
Unless the Purchaser objects at the time of collecting their data, said data may also be communicated to our partners for
canvassing purposes by electronic, postal or telephone means. You may object to this communication at any time by
addressing a letter to:
CARAMBELLE
14 rue Pierre et Marie Curie
ZA La Haute Limougère
37230 FONDETTES
For the purposes of monitoring Customer Service quality at CARAMBELLE, certain telephone calls may be recorded.
In accordance with the provisions of the French Data Protection Act of 6 January 1978, you have the right to access,
oppose, rectify or delete your personal data held by CARAMBELLE at any time, by addressing a letter together with proof
of your identity to:
CARAMBELLE
14 rue Pierre et Marie Curie
ZA La Haute Limougère
37230 FONDETTES
ARTICLE 10 - ARCHIVING
Contracts are archived electronically.
Under French law, contracts for an amount equal to or greater than €120 are kept for a period of 10 years as from their
conclusion.
The Purchaser may view them at any time upon written request to the Seller. In this case, the Seller will make every
effort to communicate the contract to the Purchaser within one (1) month of receiving the request.
ARTICLE 11 - CUSTOMER SERVICE
Please contact our Customer Service department if you would like further information or have any queries: you can leave
us a message via the "Contact" section.
ARTICLE 12 - FORCE MAJEURE
CARAMBELLE shall not be held liable for non-performance of the contract due to force majeure.
ARTICLE 13 - INTELLECTUAL PROPERTY
All elements in the www.scrapcooking.fr website, whether visual or audio, including texts, comments, works, illustrations
and reproduced images, including the underlying technology, are protected by copyright, trademarks or patents.
Any full or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 14 - ENTIRETY
The fact that CARAMBELLE does not avail itself at a given time of any stipulation in these general terms and conditions of
sale does not constitute a waiver of its right to avail itself of them at a later date. The nullity or ineffectiveness of a
stipulation, even a substantial one, of the present general terms and conditions of sale shall not affect the validity of the
commitments.
ARTICLE 15 - APPLICABLE LAW - LANGUAGE -
DISPUTES
These general terms and conditions of sale are governed by and subject to French law.
They are written in French. If translated into one or more foreign languages, the French version shall be the only valid
and admissible version in the event of dispute.
The website complies with French legislation. Under no circumstances does CARAMBELLE guarantee compliance with local
legislation that would be applicable should the Purchaser access the website from another country.
In the event of a dispute, the French courts will have sole jurisdiction.
ARTICLE 16 - APPLICABLE LAW - LANGUAGE -
DISPUTES
These GTCS are governed by and subject to French law.
They are written in French. If translated into one or more foreign languages, the French version shall be the only valid
and admissible version in the event of dispute.
In accordance with articles L. 611-1 et seq. of the French Consumer Code, the Purchaser is entitled to use, free of
charge, a conventional mediation procedure to resolve any dispute that may arise with the Seller.
The Purchaser may apply to the following mediator appointed by the Seller: MEDIATION - VIVONS MIEUX ENSEMBLE -
465 avenue de la Libération - 54000 NANCY - Website: www.mediation-vivons-mieux-ensemble.fr.
To use this mediation procedure, the Purchaser shall first address their complaint to the Seller by registered letter with
return receipt.
Failing a satisfactory response within one month, the Purchaser may refer the matter to the mediator indicated above in
accordance with the terms and conditions set out by the latter.
This mediation is free of charge for the Purchaser, excluding any legal or expert appraisal fees which will remain at the
Purchaser's expense.
In accordance with Article L. 611-2 of the French Consumer Code, the dispute will not be examined by the mediator in
cases where:
o the Purchaser fails to provide proof of having first attempted to resolve the dispute directly with the Seller by
means of a written complaint in accordance with the terms and conditions laid down in the contract,
o the request is manifestly unfounded or abusive,
o the dispute has been previously examined or is currently being examined by another mediator or by a court,
o the Purchaser submitted their request to the mediator more than one year after sending their written complaint
to the Seller,
o the dispute does not fall within its field of competence.
In accordance with Article L. 616-2 and Article 14 of European Regulation N° 524/2013 on the online settlement of
consumer disputes, the Purchaser is entitled to use the online mediation system offered by the Online Dispute Resolution
platform by logging on to the following link: https://webgate.ec.europa.eu
The dispute may also be brought directly, or following an unsuccessful mediation, before the competent court in
application of the rules of jurisdiction in force.
ARTICLE 17 – LEGAL NOTICES
Pursuant to Article L.217-15 of the French Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of the French
Consumer Code, and Article 1641 and paragraph 1 of Article 1648 of the French Civil Code are reproduced below. The
Customer expressly acknowledges having read and understood said provisions prior to placing an order.
Article L.217-4 of the French Consumer Code:
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity
which exists upon delivery.
It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation
if it assumed responsibility or had it carried out under their responsibility.
Article L.217-5 of the French Consumer Code:
To ensure compliance with the contract, the products shall:
1° Be suitable for the purpose usually associated with such a product and, where applicable:
correspond to the description given by the seller and have the features that the seller presented to the buyer in the
form of a sample or model;
have the features that a buyer might reasonably expect it to have considering the public statements made by the seller,
the manufacturer or its representative, including advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of
the buyer which was made known to the seller and which the latter agreed to.
Article L.217-12 of the French Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French Civil Code:
A seller is bound to a warranty on account of the hidden defects of the product sold which render it unfit for the use for
which it was intended, or which so impair such use that the buyer would not have acquired it, or would only have given
a lesser price for it, had they known of them.
Article 1648 of the French Civil Code:
Action resulting from redhibitory defects shall be brought by the purchaser within two years of the discovery of the
defect.