Terms of service

The website vanilledesire.com is published and operated by:

Vanille Désiré, sole proprietorship of Mrs Noro Thuel 33ter route de Montblanc, 34550 Bessan, France Company number (SIREN) 510 548 951, EU VAT number FR84510548951 Contact: contact@vanilledesire.com, +33 6 15 55 62 52

hereinafter "Vanille Désiré" or "we".

Article 2. Scope

These terms and conditions of sale ("Terms") govern all sales concluded on vanilledesire.com, without restriction, with:

• consumers, meaning any natural person acting for purposes outside their trade or profession ("consumer customer");
• businesses, meaning any natural or legal person acting for purposes within their trade or profession, including purchases of vanilla by weight ("business customer").

Placing an order implies full acceptance of the Terms in force on the day of the order. Some provisions apply only to consumer customers or only to business customers; where that is the case, the relevant article says so.

Article 3. Products

The products on sale are mainly foodstuffs: Madagascar vanilla beans and derived products, as well as Malagasy artisanal goods. The essential characteristics of each product (variety, grade, moisture content, packaging, weight) appear on its product page, which is authoritative. Photographs illustrate the products as faithfully as possible; as these are natural products, variations in appearance from one batch to another are normal and do not constitute a lack of conformity.

Article 4. Orders

Orders are placed online at vanilledesire.com. The process includes selecting products, reviewing the cart, entering delivery and billing details, choosing a delivery method, then payment. The sale is concluded only once Vanille Désiré confirms the order by confirmation e-mail.

Vanille Désiré reserves the right to refuse or cancel an order on legitimate grounds, in particular a previous dispute, suspected fraud, product unavailability or a regulatory impossibility of delivering to the requested destination. In that case, all sums paid are refunded in full.

A minimum order amount may be required for certain destinations, in particular outside the European Union. Where a minimum applies, it is shown before payment; no order below that minimum can be placed for the destination concerned.

Article 5. Prices, currencies and taxes

Prices are displayed on the site in the currency of the selected destination market. Conversion from the euro is performed automatically at the exchange rate of the day. The contractual price is the price displayed at the time of payment, in the displayed currency; payment is captured in that same currency. No amounts are stated in these Terms: the applicable prices, shipping costs and any minimum order amounts are those shown on the product pages and summarised at checkout.

Tax treatment by destination:

• France and European Union, consumer customers: displayed prices include VAT, at the rate of the country of delivery.
• European Union outside France, business customers: a business customer holding a valid intra-EU VAT number may enter it at checkout or before shipment. The sale is then invoiced excluding VAT, the customer accounting for VAT in its Member State under the reverse charge (Article 138 of Directive 2006/112/EC). The number is verified; without a valid number, VAT is charged.
• Outside the European Union: prices exclude the import duties and taxes of the destination country, as set out in Article 8 below.

Vanille Désiré may change its prices at any time; products are invoiced at the price in force at the time of the order.

Article 6. Payment

Payment is due in full at the time of the order, using the methods offered at checkout. Transactions are processed by a secure payment provider; Vanille Désiré never has access to full card details. Orders are shipped only after payment has been received.

For business customers, no discount is granted for early payment. Where invoicing with payment terms has been expressly agreed in writing, any late payment automatically incurs interest at the European Central Bank's most recent refinancing rate plus 10 percentage points, together with the statutory fixed recovery indemnity (Article L441-10 of the French Commercial Code).

Article 7. Delivery and transfer of risk

Delivery zones, times and costs are set out in the shipping policy, which forms an integral part of these Terms. Shipping costs are calculated at checkout according to weight and destination.

Delivery terms within the meaning of the International Chamber of Commerce Incoterms 2020:

• Mainland France and European Union: DDP delivery (Delivered Duty Paid). The price paid covers carriage and all taxes; nothing is payable on receipt.
• Outside the European Union: DAP delivery (Delivered At Place). The price paid covers carriage to the address given; import duties and taxes remain payable by the customer (Article 8).

For consumer customers, risk passes upon physical handover of the parcel to the customer or a third party designated by them. For business customers, risk passes in accordance with the Incoterm applicable to the sale.

In the event of late delivery, please contact us without delay. A consumer customer may, after having unsuccessfully required Vanille Désiré to deliver within a reasonable additional period, cancel the order under Articles L216-6 et seq. of the French Consumer Code.

Article 8. Import duties and taxes, formalities

For any delivery outside the European Union, the customer is the importer of the products. Customs duties, import VAT or local tax and clearance fees are payable exclusively by the customer; they are collected by the carrier or the local authorities on delivery. Their amount depends on the regulations of the destination country; Vanille Désiré can neither calculate nor collect them on the customer's behalf, and non-payment may lead to the parcel being refused, returned or destroyed by the local authorities, without any right to reimbursement of the costs thereby incurred.

It is the customer's responsibility to check that importing the products ordered is permitted in the destination country. Some countries allow food imports only through a registered importer; in that case, the customer's importer number is requested before shipment. Every shipment is accompanied by the export documents described in the shipping policy.

Article 9. Right of withdrawal (consumer customers)

Under Articles L221-18 et seq. of the French Consumer Code, a consumer customer in principle has fourteen days from receipt to withdraw from the sale, without having to give reasons.

However, under Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:

• goods liable to deteriorate or expire rapidly;
• goods which have been unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection.

The vanilla beans and other foodstuffs sold on the site, packed under seal to preserve their quality and traceability, fall within these exceptions once their packaging has been opened. Where the right of withdrawal applies, it is exercised by an unambiguous statement sent to contact@vanilledesire.com; the products must be returned intact, sealed and in their original packaging, return costs being borne by the customer. The refund is made within fourteen days of recovery of the products or proof of their dispatch, using the same means of payment as the order.

The right of withdrawal is specific to consumers; it does not apply to business customers.

Article 10. Returns, defective products and statutory guarantees

Given the nature of the products, sensitive foodstuffs, no returns are accepted outside the cases provided for in Article 9 and cases of preparation error or product defect.

In the event of a preparation error (product or quantity not matching the order) or a defective product, please contact us within 48 hours of receipt at contact@vanilledesire.com, stating your order number and attaching photographs. Depending on the case, Vanille Désiré offers a replacement, a credit note or a refund. The detailed procedure is set out in the refund policy, which forms an integral part of these Terms.

Consumer customers benefit in any event, and independently of the above, from the statutory guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code). Towards business customers, Vanille Désiré's liability is limited as set out in Article 12.

Article 11. Retention of title (business customers)

For sales to business customers, the products remain the property of Vanille Désiré until full and effective payment of the price. Risk nevertheless passes as set out in Article 7.

Article 12. Liability

Vanille Désiré is bound by the obligations imposed on it by law and cannot derogate from them towards consumers. Towards business customers, Vanille Désiré's liability is limited to direct and foreseeable damage, excluding any loss of business, loss of revenue or indirect loss, and capped at the amount of the order concerned.

Vanille Désiré is not liable for non-performance or delay attributable to the customer (incorrect address, absence at delivery, non-payment of import duties, failure to obtain an import authorisation) nor for decisions of the customs or health authorities of the destination country.

Article 13. Force majeure

Vanille Désiré's obligations are suspended in the event of force majeure within the meaning of Article 1218 of the French Civil Code, including in particular natural disasters, export or import restrictions, interruptions of international transport and health crises. If the impediment is permanent or lasts more than sixty days, either party may cancel the order and the sums paid are refunded.

Article 14. Personal data

Personal data collected at the time of the order is necessary for its processing (preparation, shipping, invoicing, export formalities) and is processed in accordance with Regulation (EU) 2016/679 (GDPR) and the site's privacy policy. Customers have a right of access, rectification, erasure and objection, which they may exercise at contact@vanilledesire.com.

Article 15. Governing law and disputes

These Terms and the sales they govern are subject to French law.

**Consumer customers.** A consumer residing in the European Union retains the benefit of the mandatory protective provisions of the law of their country of habitual residence. In the event of a dispute, the customer first contacts Vanille Désiré's customer service at contact@vanilledesire.com. Failing an amicable solution, the customer may use, free of charge, the consumer mediation scheme provided for by Articles L611-1 et seq. of the French Consumer Code; the contact details of the competent mediator are given on the site's legal notice page. The dispute may then be brought before the courts having jurisdiction under ordinary rules.

**Business customers.** Any dispute relating to a sale concluded with a business customer which has not been resolved amicably is subject to the exclusive jurisdiction of the courts of the place of Vanille Désiré's registered office, notwithstanding multiple defendants or third-party proceedings. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 11 April 1980) is expressly excluded.

Article 16. Miscellaneous

If any provision of these Terms is held void or unenforceable, the remaining provisions remain in full force. The fact that Vanille Désiré does not rely on a breach by the customer does not amount to a waiver of the right to rely on it later. The Terms are drawn up in French; the English and Spanish versions are provided for the customer's convenience, the French version prevailing in case of discrepancy, subject to mandatory consumer protection provisions.