Last updated on 05/11/2024
Copyright © 2020-2024 Meilleurmoucheurs.fr
You can download a PDF copy of our T&Cs by clicking here
1 Preamble
These conditions include in particular the following information:
- The identity of the company and the manager
- The means of reproduction and archiving of these conditions
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Legal notices for the website www.meilleursmoucheurs.fr and its aliases.
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The general conditions of use (CGU) of the site www.meilleursmoucheurs.fr and its aliases
- The privacy policy and the terms of management of personal data
- The essential characteristics of the goods offered
- The different steps to follow to conclude the contract online
- Technical means of identifying and correcting errors made during data entry
- Languages offered
- The terms of archiving and access to the contract
- Legal and contractual guarantees
- Delivery times, costs and terms
- Delivery tracking and costs of remote communication techniques
- The price
- Payment methods and security measures
- Details on how to exercise the right of withdrawal,
- The duration of the contract and validity of the price.
It is previously specified that these conditions exclusively govern retail sales, via the internet, to individuals from the site www.meilleursmoucheurs.fr or its aliases www.meilleurmoucheur.fr and www.meilleursmoucheurs.com to which the same conditions are applicable.
This site sells fishing equipment intended exclusively for recreational use, excluding any professional use or use of similar intensity.
These terms and conditions apply to consumers who have full legal capacity. These terms and conditions apply to all orders you place on this site.
We do our utmost to satisfy you. On this site, we present all the essential characteristics of the properties. We will be attentive to any comments you send us.
Most of the features presented (photos, descriptions, etc.) are taken from information provided by the manufacturers. We encourage you to always carefully read the user and safety instructions supplied with the products.
These general conditions are presented in French.
2 Identity of the company and the manager
www.meilleursmoucheurs.fr is a service of the company:
Bernard Charlot EIRL Meilleursmoucheurs.fr
Online purchase and resale of leisure equipment (fishing)
Head office: 10 rue Jean-Baptiste Dumas – 31200 TOULOUSE – France
880 974 66 RCS Toulouse
SIRET: 88097426600012
EORI FR88097426600012
IDU: FR414604_13DGOA
Manager: Bernard Charlot
Email: info@meilleursmoucheurs.fr
3. General conditions of use of the sites meilleursmoucheurs.fr and meilleursmoucheurs.com
The General Conditions of Use (GCU) of the site www.meilleursmoucheurs.fr are an integral part of our general conditions of sale and are accessible on the site.
3 Privacy policy and terms of management of personal data
Our privacy policy and personal data management method are an integral part of our general terms and conditions of sale and are accessible on the site.
4 The different steps to follow to conclude the contract online
4.1 Order
The order is made online via the website www.meilleursmoucheurs.fr (or its aliases).
You make your selections by browsing the pages of our site. Your selections are added to your shopping cart when you click "add to cart." At any time during your navigation on our site, you can access the screen showing the contents of the shopping cart, which provides access to the next steps of the order.
A specific ordering procedure for out-of-stock orders is indicated in the following paragraph.
4.2 Validation of the contract
When you access the contents of the basket (button at the top of the screen or by adding an item to the basket), a summary screen shows you the contents of the basket and offers you to check a box indicating that you accept our General Conditions of Sale and our Confidentiality Policy (links allow you to view these two documents). This acceptance then allows you to access the button "place the order".
The next screen allows you to enter your delivery details and provides access to the 'continue to shipping' button.
You will now reach the shipping method selection screen. The 'Continue to payment' button will take you to the payment stage, which will be completed on the payment platform (Stripe or Paypal), by French check or IBAN transfer.
A summary of your order is visible with all the products and options selected, the delivery costs, the total price and the information transmitted for delivery.
You must check all the information provided on this order form, including all information relevant to delivery (delivery address, digital code, telephone numbers, etc.). Buttons allow you to modify this information if necessary.
If you do not need to modify the form, and to continue your order, you must click on ''Verify order'' which gives you access to the last screen allowing you to check all the information of your order one last time. The 'Validate payment' button definitively confirms the order and returns you to the payment platform or informs you of the payment terms by check or bank transfer.
After payment is made on the platform's secure server, an acknowledgment of receipt is displayed. It confirms that your order has been registered and informs you that a confirmation email will be sent to you as soon as possible.
When payment is made by check or bank transfer, the order will only be processed after receipt of payment in our bank account: this operation causes a delay which can be significant.
The prior collection of the Internet user's identification details (first name, last name, address, email) by the optional opening of an account facilitates the stages of concluding the contract.
4.3 Order out of stock
Normally, the products offered on the site are in stock in France (at meilleursmoucheurs.fr or at our French wholesale suppliers) and their possible unavailability is indicated and does not allow the ordering process indicated above to be launched.
We also offer the purchase through us of certain branded products that we distribute but are not presented on the site (specific order).
If you wish to purchase a product that is out of stock, please contact us by email to obtain a preliminary quote that will specify the estimated delivery date. The order will only be effective after acceptance of the quote and when we have received your payment.
The names of various brands for which we are distributors and for which we can order out-of-stock products are indicated on the site.
In any event, we reserve the right to refuse or cancel an order for a product that is unavailable in stock at meilleursmoucheurs.fr or from the supplier.
4.4 Technical means of identifying and correcting errors
You have the right to identify and correct errors made when entering your data at any time. If you become aware of an error after the contract has been concluded, you must contact us.
We accept customer order changes (including cancellations) received before the shipping date at no charge. After the shipping date, order changes or cancellations will be processed in accordance with applicable law, with return shipping costs being your responsibility.
5 The terms of archiving and access to the contract
A copy of our Terms and Conditions and the invoice summarizing your order will be sent to you by email when your order is processed. We encourage you to retain them.
We archive the general terms and conditions, any accepted quotes and invoices on a reliable and durable medium.
You have the right to receive these documents by email for orders of €120 or more.
6 Legal and contractual guarantees
6.1 Legal guarantees
We recommend that you check the products upon delivery by the carrier and report any anomalies to them and let us know by email.
In accordance with the legal provisions in force relating to the conformity of the good to the contract, in matters of hidden defects (available in appendix 1 of these conditions), we will refund, repair or exchange any product that is apparently defective, damaged or damaged or does not correspond to your order. We may offer you an equivalent product in the event that another copy of the item in question is unavailable. However, we do not cover hidden defects that are not known to us (article 1643).
We will also reimburse you for the full return costs upon presentation of supporting documents.
We ask that you contact us by email or telephone before returning any items. We will provide you with a return slip to include with your shipment.
The products must be returned in the condition received with all their constituent elements. The packaging must be of similar quality to that used for shipping to avoid any deterioration.
The return of any product must be made by a means allowing the tracking of the delivery of the package.
The return of products costing more than 50 euros must be made by a means that verifies hand delivery to our after-sales service.
We ask you to send us the tracking details of your returned package by email as soon as it is sent.
We remind you that we will not be able to take charge of problems due to abnormal or non-compliant use of the products and in particular (non-exhaustive list): professional use or use of similar intensity, assembly/disassembly not planned or not in accordance with the instructions for use, breakage due to a circumstance or an external factor not corresponding to the normal use of the product alone.
6.2 Liability
We do our utmost to satisfy you. We are responsible for the proper execution of these general conditions. However, we cannot be held liable due to a fortuitous event, a case of force majeure, or the unforeseeable and insurmountable act of a third party to the contract.
7 Delivery times, costs and terms
7.1 Delivery terms
We will deliver the products to the address indicated in the order form.
7.2 Delivery time
We ship orders within 5 business days at the most, and often within 2 business days. In the event of an exceptional delivery delay, we will notify you by email as soon as possible and offer you a new date.
We will inform you of the shipping date in your order dispatch message, which also includes your paid invoice. For products in supplier stock, we will check their availability and delivery time before providing you with this date.
Delivery time after shipment depends on the carrier chosen. Most delivery times indicated by carriers are not guaranteed.
If you are not at home at the time of delivery or if the parcel is delivered to a parcel relay point, you are responsible for collecting the parcel within the time frame indicated by the carrier.
7.3 Delivery costs
Delivery costs are those mentioned when ordering.
We only deliver to France and certain European countries indicated on the site.
7.4 Delivery tracking
Our deliveries are made using means that allow the tracking of parcel delivery: we will then send you by email the number allowing you to track the progress of the delivery on the website of the chosen carrier.
You can contact us by email for any questions regarding your delivery.
8 The price
Our product prices are listed in euros on our website and are displayed upon ordering. Due to our status as a limited liability auto-entrepreneur (EIRL), VAT is not applicable under Article 293B of the French General Tax Code (CGI).
Prices include the cost of processing your order. Delivery costs are shown separately when ordering.
For orders delivered to a country outside the EU, the import is deemed to be made by the customer. Customs fees or other import taxes are the responsibility of the customer and are not included in our prices.
9 Payment methods and means of security
We collect your payment upon receipt after validation of your online order. You may, however, cancel your order as long as it has not been handed over to our carrier for shipment. In this case, we will refund the full amount paid no later than 30 days following your cancellation.
9.1 Payment methods
We accept payment by French check, IBAN transfer, or through a secure payment platform (Stripe or PayPal). This means that no banking information about you is transmitted through our site.
You have several payment methods available to pay for your purchases via these platforms:
- Either by CB, VISA or MASTERCARD bank card
- Or through your PayPal account if you have one. Pay online by simply entering your email address and password.
10 6. Satisfied or refunded: terms of exercising the right of withdrawal - REFUND POLICY
In accordance with legal provisions, within 14 days of your order, you can exercise your right of withdrawal. Simply send us an email or a letter containing your withdrawal letter following the template provided in Appendix 3. You do not have to provide any reasons or pay a penalty. With the exception of return costs, which remain your responsibility, we will refund the entire amount paid no later than 14 days following receipt of your withdrawal or receipt of the returned product, if already delivered. The refund will be made using the method used for payment.
If the product has already been delivered or is being delivered upon receipt of your withdrawal, the refund is conditional upon the return of the product under the conditions indicated below.
We ask that you contact us by email before returning any items. We will provide you with a return slip that must be included with your shipment.
The products must be returned in the condition received with all their constituent elements. The products must not have been used and in particular no trace of use must be visible on the product. The labels and markings present must not have been removed or modified. For fishing rods we ask that you do not remove the protective film from the cork handle. The packaging must be of similar quality to that used for shipping to avoid any deterioration.
We recommend that you return the product by a means that allows tracking until it is handed over to our after-sales service.
We ask you to send us the tracking details of your returned package by email as soon as it is sent.
In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's specific specifications.
11 The duration of the contract and validity of the PRICE
Our price offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order.
12 Applicable legislation/Competent jurisdiction
These conditions are subject to French law.
We invite you to contact us prior to any dispute to seek an amicable solution.
You can also contact a consumer mediator.
In the event of a dispute on the merits or form, the French courts shall have sole jurisdiction.
13 Contact us/after-sales service
If you wish to contact us, our customer service is at your disposal.
- By phone (non-premium rate): 06.70.67.94.62. As a sole proprietorship, we may not always be able to take your call immediately. Please apologize for any inconvenience and leave us a message. We will do our best to return your call promptly.
We also offer you the possibility of opening an online account on our site which will make it easier for you to place orders and allow you to directly access the information concerning them.
14 Intellectual Property
We invite you to consult our General Conditions of Use of our sites for questions of intellectual property.
15 Personal and nominative information – GDPR
We invite you to consult our Confidentiality Policy regarding the management of personal and nominative information in compliance with the GDPR.
Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L211-4
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.
Article L211-5
To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-6
The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L211-7
Any lack of conformity which appears within six months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L211-8
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied.
Article L211-9
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L211-10
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon in application of Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use that he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L211-11
The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L211-12
The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
Article L211-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L211-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
Appendix 2: Provisions of the Civil Code concerning the guarantee against hidden defects
Article 1641
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1642
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded, as will be arbitrated by experts.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
Article 1647
If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss incurred by fortuitous event will be for the account of the buyer.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
Appendix 3: Model withdrawal form (decree of March 25, 2022, appendix to article R221-1)
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Bernard Charlot EIRL meilleursmoucheurs.fr 10 rue jean baptiste Dumas 31200 Toulouse, info@meilleursmoucheurs.fr
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.
