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1- PURPOSE - APPLICATION OF GENERAL CONDITIONS
1.1 Foreword and engagement
These conditions are concluded between NICE GOURMET, hereinafter referred to as the Seller, and non-professional individuals wishing to make a purchase via the breakgourmand.com website, hereinafter referred to as the Customer.
The conditions of subscription by the Customer are set out in Article 2 of the General Conditions. These General Conditions apply exclusively to the relations between any Customer and NICE GOURMET, whose head office is located in Zone Industrielle La Vallière - Bâtiment 11 - 06730 St André de la roche, registered in the Trade and Companies Register of Nice under the number 802 395 988.
By deciding to subscribe to the Services provided by NICE GOURMET or by confirming an order on the website, the Customer declares that he/she accepts without reservation the terms of said order as well as all of these general conditions of sale.
This acceptance is in no way conditioned by a handwritten signature from the Customer. In accordance with the applicable provisions of the Civil Code, it should be noted that the validation of the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.
NICE GOURMET is the operator of the website, the object of which is notably the sale of alcoholic beverages, consequently the offers are reserved exclusively for adults, within the meaning of French law, in accordance with article L3342-1 of the French Health Code. The Customer expressly acknowledges being of legal age and having full legal capacity to enter into this sales contract. In order to verify in particular the identity and age of the person receiving the order, an identity document may be requested by breakgourmand.com or the carrier in accordance with the law.
When creating his/her account, the Customer certifies the accuracy of the information given, in particular his/her age.
The consumption of alcohol during pregnancy can have serious consequences for the health of the child.
The sale of alcohol is prohibited to minors under the age of 18.
Alcohol abuse is dangerous for health.
You are encouraged to consume in moderation.
Alcohol abuse and protection of minors. Alcohol abuse is dangerous for your health, consume in moderation.
In application of article L. 3342-1 of the Public Health Code prohibiting the sale of alcohol to minors under eighteen (18) years old, the Customer, on confirming his/her order, validates the fact that he /she is eighteen years old at the time of placing the order.
These Terms and Conditions apply, without restriction or reservation, to all sales concluded by NICE GOURMET ("the Seller") to consumers and non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale by the Seller on the breakgourmand.com website.
They specify in particular the conditions of order, payment, delivery and the Products ordered by Customers.
The Products offered for sale on the breakgourmand.com website are as follows: the sale of Socca Chips® chips and SoccApéro® savory preparations as well as other products selected by the Chef.
The main characteristics of the Products, and in particular the specifications, illustrations, indications and capacity of the Products, are presented on the breakgourmand.com website. It is the Customer’s responsibility to be aware of these characteristics before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
NICE GOURMET endeavours to ensure that the presentation of the Products whose photographs are displayed on the site are faithful to the original Products. However, it is possible that the impression perceived by the Customer of the photographic representation of the Products does not correspond exactly to the product itself.
The photographs and graphics presented on the breakgourmand.com website are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties and essential features.
Product offers are understood within the limits of available stocks, as specified when placing the order by the Customer.
The Seller's contact details are as follows:
Zone Industrielle La Vallière - Bâtiment 11
06730 St André de la roche
1.3 Geographical limitation
Offers are valid for any purchase made online, without geographical limitation, unless otherwise stated.
These Terms and Conditions apply to the exclusion of all other conditions, and in particular to those applicable to in-store sales or through other distribution and marketing channels.
These Terms and Conditions are accessible at any time on the breakgourmand.com website and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read and accepted these Terms and Conditions as well as the General Conditions of Use of the breakgourmand.com website by ticking the box provided for this purpose before implementing the online ordering procedure.
Any special condition or any other written document contained in particular in documents issued by the Customer (including the order) cannot prevail over these Terms and Conditions without the express written consent of NICE GOURMET.
The customer may save or print these Terms and Conditions provided are not modified.
NICE GOURMET reserves the right to modify the Terms and Conditions as and when necessary and at its discretion , according to the technical development of the Website and the evolution of legislation. The version applicable to the Customer's purchase is the one in force on the website on the date the order is placed. It is the Customer's responsibility to consult the General Conditions, which can be accessed as often as necessary, and at any time on the breakgourmand.com website.
NICE GOURMET may also, at any time and without prior notice, make changes to the editorial content of the Website and to the services offered, including to the prices set out in Article 9.
When using the Website, the Customer may be subject to any guidelines or rules posted on the Website and applicable to the services offered therein, which may contain additional terms and conditions. All these guidelines or rules are deemed to be included by reference in the General Terms and Conditions.
Unless proven otherwise, the data saved in the Seller's computer system constitute proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulation) which entered into force on May 25, 2018, the Customer has, at any time, a right to access, rectify, oppose, delete and transfer all his/her personal data.
To exercise these rights or for any questions about the processing of your data in this device, you can contact our data protection officer:
By email: email@example.com
By letter : Data Protection Officer
1.5 General rules of use
By accessing the services of the Site, the Customer declares to be of sound mind, to be legally able to enter into a contract and not to be protected under article 425 of the French Civil Code, i.e. not the subject of a judicial safeguard procedure, under curatorship or guardianship.
The Customer can only access the Website services and his/her Account by using the email address and password used when registering. In this context, the Customer is forbidden to communicate these data to any third party and must protect them and keep them secret. The Customer undertakes to inform without delay NICE GOURMET of any compromise, loss or anomaly noted in his/her registration address and / or password. The Customer alone is responsible for the consequences of any disclosure of his/her password, in that any access to the Website services is deemed to have been made by the Customer.
NICE GOURMET reserves the right to refuse the registration of a Customer who does accept the Terms and Conditions or who does not fully and in good faith provide the information requested.
NICE GOURMET reserves the right, at any moment, including during registration, to withdraw certain information, modify, refuse or terminate the registration of a Customer.
NICE GOURMET reserves the right to monitor, at any time, that the Customer is respecting the Terms and Conditions.
Failure by the Customer to comply with one or any of the provisions of these Terms and Conditions automatically terminates the authorization to use the Website and the services offered therein.
Any violation of these Terms and Conditions authorizes NICE GOURMET to refuse to deliver its products to the author of the violation in question, without being held liable.
2. REGISTRATION AND USE OF CUSTOMER ACCOUNTS
2.1 General rules
The services are accessible to any Customer following registration on the Website and subject to the provision of the information needed for the creation of a customer account.
This account is strictly personal and allows the Customer to be identified before validating each Order.
The Customer guarantees to only use his/her account for lawful purposes.
The registration form must be completed correctly and fully. The Customer, under full responsibility, control and directions, enters the data which allow him/her to be identified and undertakes to provide only exact, current and complete information, of which he/she guarantees at all times the accuracy, sincerity and reliability. The Customer agrees not to assume the identity of a third party, nor to hide or change their age.
The Customer agrees to update his/her personal information on the Website without delay.
2.2 Creation and use of the Customer account
Registration on the Website is free and for an indefinite period.
The Customer must provide the following information when registering: user name (email) and password. This information can be modified at any time. The Customer will be deemed registered upon receipt of a confirmation message by email.
The user name and passwords are personal and confidential. While NICE GOURMET takes all the necessary precautions and undertakes to protect the personal data of its Customers, the Customer must keep his/her password secret and not to disclose it to a third party, for any reason whatsoever.
The Customer agrees to use his/her account fairly and correctly. He/She is solely responsible for the use and management of his/her Account, as well as for any activity carried out from the account, including any activity carried out by third parties from his/her account.
In the event of non-compliance by the Customer with these Terms and Conditions, NICE GOURMET reserves the right to refuse access and / or to terminate definitively or temporarily, depending on the seriousness of the alleged actions, the Customer’s account without having to justify themselves, without notice and without possible compensation, including in the event of a purchase in progress or having just been completed.
In this case, NICE GOURMET will send an email to the Customer concerned at the address provided by the Customer on registering, informing him/her that the username and password have been deactivated and the account has been closed temporarily or permanently.
The Customer may also request the closure of his/her account at any time by contacting: firstname.lastname@example.org.
3. CUSTOMER OBLIGATIONS
The Customer undertakes in particular:
- to access the Website diligently and in good faith;
- to refrain from copying, modifying or altering all or part of the Website;
- to use the Website for its proper purpose;
- not to use the Site for purposes other than the services offered, and particularly for commercial or advertising purposes;
- not to spread false news, unnecessarily alarmist information or rumors, regardless of their degree of truth, which could cause harm to others;
- to refrain from posting any message or image that is pornographic, racist, violent, contrary to the law or to accepted standards of morality, that incites committing an offence or that could harm third parties or NICE GOURMET;
- to respect the rights of third parties and not to use text, images or any other element likely to be covered by copyright, trademark law or personal rights;
- to respect the image and reputation of NICE GOURMET, in particular by refraining from any action aimed at diverting users from the website or by promoting competing services;
- not to collect in any form and for any purpose whatsoever data, personal or not, including the names of customers;
- to guarantee NICE GOURMET against all direct or indirect damage linked to the posting online and dissemination of such information, data or images.
4.1 General information
Contractual information is presented in French and in English and is subject to confirmation by the Customer when the order is validated.
Upon receipt of orders, NICE GOURMET ensures the consistency of the data provided.
As part of its policy against fraudulent payments, NICE GOURMET reserves the right to conduct any necessary investigation before the order is validated. This may include in particular the request for proof of address or for bank details. In this case, the validation of the order is suspended. If the order is not validated within 15 (fifteen) days, the order is cancelled, and any sums paid will be refunded. This period may be extended if documents are still being exchanged between the Customer and NICE GOURMET.
Customers are reminded that they have the right to access, rectify and delete their personal data processed by NICE GOURMET by contacting the Data Protection Officer.
By email: email@example.com
By letter: The personal data protection officer
4.2 Product orders
The placing of any order implies an obligation of payment.
To place a Product Order, the Customer can identify him/herself with his/her username (email address) and password. Before placing an order for the first time, the Customer must create an account by following the procedure on the website.
If the password is lost or forgotten, the Customer may request the password from the website. This will be sent to the email address provided when the account was created.
To place an order, the Customer must have a functioning mailbox.
The Customer must provide his/her title, full name, postal address and can also provide a telephone number for parcel tracking. It is the Customer’s responsibility to check the accuracy of the order. Any errors should be reported immediately.
The Customer selects the Products he/she wishes to order on the breakgourmand.com website, according to the following methods: choice of quantity, delivery address, billing address, selection of payment method, validation.
The contractual information is presented in French and in English and is subject to confirmation by the Customer when the order is validated.
4.3 Registration and validation of the order
The order registered on the breakgourmand.com website is effective when the Customer declares that he/she accepts fully and without reserve these Terms and Conditions of Sale by clicking " I have read the General Terms and Conditions of Sale and I adhere to them without reserve” and validates the order. The Customer can check the order details, its total price and can correct any errors before confirming his/her acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these Terms and Conditions of Sale and constitutes proof of the sale contract.
Any order implies acceptance of these General Terms and Conditions of Sale, of the price of the products, the description of the products available for sale and the content of the order.
It is therefore the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the breakgourmand.com website constitutes a contract concluded at a distance between the Customer and NICE GOURMET.
NICE GOURMET sends the customer an order confirmation email only after validation of the payment in full.
All orders are subject to prior acceptance by NICE GOURMET and are not final and confirmed until the Seller has sent the Customer an email confirming the shipment of the order.
If no email is received confirming the order, it is the Customer’s responsibility to contact NICE GOURMET.
NICE GOURMET cannot be held responsible in the event of an error in the input of data or the transmission of such an error attributable to the Customer which makes it impossible for the confirmation email and / or the Order to be sent.
NICE GOURMET reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the non-payment of one or more previous orders.
From the date of the Order, no modification requested by the Customer may be taken into account by NICE GOURMET, without prior written consent from NICE GOURMET. In addition, no cancellation can be requested by the Customer from the date of the Order, other than to exercise his/her right of withdrawal under the conditions set out in Article 12.
In certain cases, in particular in the case of default of payment, wrong address or any other problem on the Customer account, NICE GOURMET reserves the right to block the Customer's order until the problem is resolved.
The Customer can follow the order from his/her Customer account on the Website under "Order tracking". The contractual information will be confirmed by e-mail sent to the address indicated by the consumer on the order form.
5. TERMS OF PAYMENT
The price corresponding to the Products is that stipulated in the Order.
Prices are indicated on the website in euros, including taxes, excluding shipping costs.
They include VAT and any reductions applicable on the day of the Order.
Any new taxes or contributions may be reflected in the selling price of the Products.
Product prices are exclusive of delivery costs (postage, packaging, preparation of the package, etc.).
The shipping costs are specified on the website before the Order is validated.
Orders must be paid for upfront:
- via the website by credit card: CB, Visa, MasterCard.
- by PayPal.
- by cheque issued by a bank domiciled in mainland France or in Monaco, and made out to SAS NICE GOURMET; cheques will be cashed on receipt
For payments by cheque, no payment extension is granted, and orders will not be sent until payment has been received and cashed.
The order is final only after full payment of the price and costs associated with the order.
The invoice is available directly on the customer's online account and sent by e-mail.
Whichever method of payment is chosen by the Customer, NICE GOURMET will not be required to deliver the Products ordered by the Customer if payment is not made or is refused by its banking establishment. In such a case, the Order will not be executed and, in the absence of payment by the Customer within TEN (10) days, NICE GOURMET may unilaterally terminate the Contract.
To avoid any risk of fraudulent payment, NICE GOURMET reserves the right to request any supporting documents it deems necessary to verify the identity of the Customer. All Customers have the right to access, rectify and delete personal data concerning them and processed by NICE GOURMET.
Any complaint and / or anomaly, particularly with regard to invoicing, must be reported to customer services within 10 (ten) working days of the appearance of the said anomaly. It is expressly agreed that beyond this period, any complaint sent by the customer will be declared inadmissible.
6. AVAILABILITY OF PRODUCTS
The products are offered for sale on the website while stocks last.
Information relating to the availability of products is communicated to the Customer, whenever possible, at the time of the order: item available; item unavailable. In the event of the unavailability of a product after placing the order, NICE GOURMET will inform the Customer by email or by telephone within 3 days - 72 hours (working days).
The Customer may then request the cancellation of his/her order or the exchange of the missing product (s).
In case of cancellation, the customer will be refunded within a maximum of thirty (30) days from receipt of his refund request.
NICE GOURMET does its best to ensure that the presentation of the Products whose photographs are displayed on the site are faithful to the original Products. However, with respect to the mode of presentation of the Products, it is possible that the impression perceived by the Customer of the photographic representation of the Products does not correspond exactly to the product itself.
The photographs and graphics presented on the breakgourmand.com website are not contractual and the Seller cannot be held responsible for them.
7. PROMOTIONAL CODES
Promotional codes cannot be applied outside their period of application.
If your order is less than 3 days old and a promotional code is still valid, NICE GOURMET may reimburse you for the difference in the form of a single-use voucher valid indefinitely on the Website.
Discount codes distributed by NICE GOURMET are valid while stocks last. Discount codes can be used until their expiry date.
8. CONDITIONS OF THE VALIDITY OF THE OFFER
Offers on the website are valid for as long as they appear online and for any purchase made online.
The Products governed by these Terms and Conditions are those which appear on the website and which are indicated as sold and shipped by "our order management partner".
The Products are supplied at the prices in force on the breakgourmand.com website when the order is registered by NICE GOURMET. Prices are in euros and include all taxes. Prices take into account any discounts that may be granted by NICE GOURMET on the breakgourmand.com website.
Prices are firm and cannot be revised during their period of validity, as indicated on the breakgourmand.com website. NICE GOURMET reserves the right, outside this period of validity, to modify the prices at any time.
Prices are exclusive of processing, shipping, transport and delivery costs which are invoice in addition, under the conditions indicated on the breakgourmand.com website and calculated prior to placing the order.
The price of the Products invoiced is therefore that indicated during the Order, and include the additional costs indicated above.
SPECIAL CASES OF ORDERS SENT WITHIN THE EU
The price is calculated inclusive of all taxes. These Conditions of Sale do not concern professionals.
Professionals with an intra-community VAT number who would like to be exempt from VAT, must first contact NICE GOURMET who will specify the procedure to be followed:
By email : firstname.lastname@example.org
By phone : 04 93 16 92 69
Orders placed directly on the website without prior contact cannot benefit from the VAT exemption even if the customer provides an intra-community VAT number.
SPECIAL CASES FOR ORDER SENT OUTSIDE THE EU
For orders to a country other than mainland France, you are the importer of the product (s) concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated net of tax on the invoice.
Customs duties or other local taxes, import duties or state taxes may be payable. These rights and sums are not the responsibility of NICE GOURMET.
They will be the sole responsibility of the Customer, both in terms of declarations and payments to the competent authorities and bodies in the Customer’s country.
The Customer is advised to inquire about these aspects with your local authorities, and also to inquire with these same authorities about any import restrictions on the products you plan to order.
Products ordered by the Customer will be delivered in mainland France (and Monaco) to the delivery address indicated by the Customer as soon as possible after receipt of full payment.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
The delivery time and the transport methods are specified when the Order is placed. It is also specified that the delivery costs are calculated according to the place of delivery of the Products, the quantity and the weight of the Products ordered.
Delivery is made by post by DPD Predict or Chronopost or to be collected from a relay point by Mondial Relay.
The Customer is informed that it is his/her responsibility to provide all the details necessary for the correct delivery of the Order (access code, access specification, etc.).
If the Customer is absent during a home delivery, the Customer will be informed by delivery notification slip about how the package will be kept and made available, under the full responsibility of the carrier.
To pick up an order from a Mondial Relay point, the Customer must respect the opening hours of this Relay point and provide an identity document as well as the order confirmation email or the order delivery email.
The Customer has 14 calendar days from receipt of the delivery notification slip or receipt of the Order at a Mondial Relay point to collect the Order. Beyond 14 days, the Order will be cancelled: The Customer will be informed by email of the cancellation of this order. In the event that the order is definitively cancelled, the Customer will obtain a refund of the price paid for the Order, excluding shipping and delivery costs, within 2 to 5 days of the cancellation confirmed by email.
The Customer fully and exclusively assumes the risk of loss or damage to the Products from the date of delivery or their withdrawal from a Relay point.
As delivery is provided by a third-party service provider, the Customer acknowledges and accepts that NICE GOURMET can in no way be held liable if the non-performance or poor performance of the delivery is attributable to the act of a third party or to a case of force majeure.
Each delivery is deemed to have been made once the package is made available to the Customer, in particular by the carrier, as reported by the control system used by the carrier.
In the event of missing Products, loss or damage, the Customer must note, upon receipt of the Products, all reservations on the carrier’s delivery note.
The Customer will confirm, within twenty-four (24) hours from receipt of the Products, in writing to email@example.com or on the website under the "contact us" tab, the reservations made. In the event of a claim for damage, the Customer’s claim must be accompanied by a photograph. After this period, the delivered Products will be deemed to conform and be free from any defects or lack of conformity.
In the event of an apparent defect or non-conformity noted by the Customer on the day of delivery, NICE GOURMET will proceed as soon as possible, and depending on the case, either to refund the Customer in the form of a credit note, or, depending on available stocks, replace the ordered products. The costs incurred in this respect will not be charged to the Customer.
The products available on the website can only be delivered on condition that they are not subject to any restriction or prohibition in the countries concerned by this delivery.
10.1 Delivery to mainland France
Delivery costs vary according to the weight of your package, see the "shipping costs" page for all shipping rates.
10.2 Delivery to the EU (excluding mainland France) and Switzerland
Processing and shipping costs can be found on the "Shipping costs" page.
For more information, please contact NICE GOURMET.
10.3 Delivery outside the E U
All deliveries outside the European Union are made through the carrier DHL with their EXPRESS service.
Processing and shipping costs are calculated based on the weight of your order and the country of destination.
The Customer can find the processing and shipping costs by consulting his/her basket on the website.
Note that the order is invoiced exclusive of tax. Depending on the country, additional customs taxes may be requested upon delivery.
10.4 Terms of Delivery
Products are delivered to the delivery address provided by the Customer when ordering and only to the geographic areas served by NICE GOURMET.
As with any shipment, the delivery may be late or go astray.
In such cases, NICE GOURMET will contact the carrier to start an investigation. All efforts are made, for as long as necessary, to find the package. If applicable, NICE GOURMET will be reimbursed by the carrier and deliver a new, identical package to the Customer at its expense.
NICE GOURMET declines any responsibility for increased delivery times due to the carrier, in particular in case of loss of the products, bad weather or a strike.
Deliveries in France are made by MONDIAL RELAY, DPD, and Chronopost home delivery according to the service chosen when ordering. These service providers may be changed but the quality of the deliveries will be upheld.
For payments by credit card, orders are shipped the day after their online validation. Orders validated on Friday are shipped the following Monday unless exceptional opening on Saturday in December. Orders validated on Saturday are dispatched on Monday and orders validated on Sunday are dispatched on Tuesday.
For payments by cheque, orders are shipped the day after the cheque is cashed. For cheques received on Friday, orders are shipped the following Monday after cashing.
SHIPMENTS TO MAINLINE FRANCE
For shipments via DPD or Colissimo, the Customer will receive his/her package within 48 - 72 working hours after the date of shipment for any order placed before 11 a.m. Monday to Friday.
For Chronopost shipments, the Customer will benefit from an express delivery service with a guaranteed next-day delivery for any order placed before 11 a.m. from Monday to Thursday. Chronopost departures are provided on Monday, Tuesday, Wednesday and Thursday. No departure from Chronopost on Friday.
For shipments via MONDIAL RELAY, your order will be delivered within 72 to 96 working hours.
These delivery times concern mainland France, for working days, and exclude postal routing problems and are subject to product availability.
SHIPMENTS OUTSIDE MAINLAND FRANCE
For the European Union and Switzerland, deliveries are generally made within a period varying from 24 to 96 working hours (average deadlines) depending on the services chosen.
For countries outside the European Union and overseas departments and territories, delivery times vary according to distance and carriers.
Breakgourmand.com Customer Services can provide additional information as well as an estimate of delivery times.
In case of absence at the time of delivery, a delivery notification slip will be left in your mailbox. You can pick up your package from the agency on presentation of the delivery notification and a means of identification.
10.5 Delivery issues due to carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...) must be indicated on the delivery notice in the form of a `` handwritten reserve '', and signed by the customer.
The Customer must confirm this anomaly by sending the carrier within (2) two working days of the delivery date a letter, sent by recorded delivery, stating the claims.
A copy of this letter must be sent to:
No exchange will be made unless the above procedure has been followed.
10.6 Delivery errors
In case of receipt of a non-conforming Product, and subject to the provisions of article 12, the Customer is authorized to return or exchange the non-conforming Product to NICE GOURMET within fourteen (14) days after receipt of the product.
Any claim concerning a delivery error or non-conformity of the product in kind or quantity compared to the order form must be made to NICE GOURMET by the Customer on the day of delivery or at the latest on the first working day following delivery.
Beyond this period, any claim will be rejected.
The formulation of this claim with NICE GOURMET can be made at the following address:
Any claim which fails to follow the conditions defined above and within the time limits cannot be taken into account and will clear NICE GOURMET of any liability towards the Customer.
In the event of a delivery error, any product to be exchanged or refunded must be returned to NICE GOURMET as a whole and in its original packaging in impeccable condition to:
To be accepted, any return must be reported and have the prior agreement of NICE GOURMET.
NICE GOURMET will carry out a check on the non-conformity of the Product, and, if confirmed, the Customer will receive a refund or an exchange.
Any exchange will only take place following verification of the product's non-compliance.
The refund will be made to the bank account debited when ordering the Product within thirty (30) days after receipt by NICE GOURMET of the non-compliant Product.
This refund will also include the reimbursement of the initial delivery costs if all of the delivered Products are returned. If the order is not returned in its entirety, no refund of the initial delivery charges will be made.
The shipping costs will be met by NICE GOURMET, unless the product does not correspond to the declaration made by the Customer to justify the return.
Any risk associated with the return of the Product remains the responsibility of the Customer.
10.7 Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution are delayed, hindered or prevented by an event of force majeure.
An event of Force Majeur refers to any unpredictable inevitable fact or circumstance beyond the control of the parties, and which cannot be prevented by the latter, despite all reasonably efforts.
Events of Force Majeure include, besides those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightning, the breakdown in telecommunication networks or difficulties specific to telecommunication networks beyond the control of the Customers, acts, decrees, legislation, regulations or restrictions of all governments.
The party affected by such circumstances will notify the other within three (3) working days of the date on which it becomes aware of such events.
11. EVIDENCE AGREEMENT
In accordance with article 1316-2 of the French Civil Code, Customers and NICE GOURMET agree to establish, within the framework of e-commerce services, the rules relating to admissible evidence between them in case of litigation and its probative value.
NICE GOURMET and its Customers undertake to accept that in case of dispute, the e-mail addresses and passwords used in the context of the website and the online Accounts, as well as the e-mails exchanged, the data and usernames relating to actions carried out from their accounts, are admissible in court and prove the data and facts they contain.
NICE GOURMET its Customers undertake to accept that in the event of litigation, these documents, information and records will provide proof, in particular, of the date and content of the offer and the registration of the order, whatever the amount.
The data recorded on the website and in particular the payment system constitute proof of all transactions between NICE GOURMET and its Customers.
The computerized records, stored in NICE GOURMET’s computer systems under reasonable security conditions are considered proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as evidence.
12. RIGHT OF WITHDRAWAL
For deliveries within the European Union, the Customer has option to withdraw his/her order without having to give a reason. This withdrawal period expires fourteen (14) days from the date of receipt of the order.
The right of withdrawal applies only to the extent that the products have not been damaged. Products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will not be refunded or accepted.
The Customer must return the products at his/her expense to NICE GOURMET, at the latest, within fourteen days of the communication of his/her decision to withdraw.
The withdrawal decision must be declared without ambiguity by email to firstname.lastname@example.org or by recorded delivery letter to the following address:
If the decision to withdraw is made by letter, the Customer will assume the costs of this letter.
If the withdrawal request meets all of the aforementioned conditions, NICE GOURMET will reimburse the Customer for all sums paid, including delivery charges, without undue delay, within fourteen (14) days of receipt of the goods, via the same means of payment that was used for the initial transaction.
NICE GOURMET is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by NICE GOURMET.
The Customer is informed, acknowledges and accepts that NICE GOURMET distributes perishable foodstuffs with a date of minimum durability (DDM).
As NICE GOURMET Products fall within the category of perishable foodstuffs ordered on the website, in accordance with the provisions of Article L. 221-18 of the Consumer Code, and subject to the assumptions referred to in Article L .121-21-8.4 ° of said Code, the Customer does not have the right of withdrawal provided for in article L.121-21 of the Consumer Code.
In accordance with Article L.221-28 of the Consumer Code, the Customer may not exercise his/her right of withdrawal for:
- Products made according to the Customer's specifications or personalized at his/her request;
- Products which, due to their nature, cannot be returned or are liable to deteriorate or expire rapidly;
- Products which have been unsealed by the Customer after delivery and Products which cannot be returned for reasons of hygiene or health protection.
13. LEGAL GUARANTEES
NICE GOURMET guarantees respectively that NICE GOURMET Products comply with their expected use, and present no defects making them dangerous or unfit for their normal use. Thus, all products for sale on the website benefit from the legal guarantee of conformity (as defined in articles L217-4 and onwards of the Consumer Code) and from the guarantee against hidden defects (as defined in articles 1641 and onwards of the Civil Code), allowing the Customer to return defective or non-compliant products delivered free of charge.
13.1 Legal guarantee of conformity
Article L.217-4 of the Consumer Code provides that "the seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility”.
Article L217-5 of the Consumer Code provides that: "The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or a model; - if the good has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his/her representative, in particular in advertising or labelling;
2 ° Or if the good has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the seller has accepted. "
Article L217-12 of the Consumer Code provides that "action resulting from lack of conformity lapses two years after delivery of the goods".
13.2 Guarantee against hidden defects
Article 1641 of the Civil Code provides that "the seller is liable for hidden defects of the item sold which make it unfit for its intended use, or which reduce this use so much that the buyer would not have bought it, or would have given a lower price, if he/she had been aware of them”.
Article 1648 of the Civil Code provides that "the action resulting from unacceptable defects must be brought by the purchaser within two years of the discovery of the defect. Article1642-1 provides that the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be discharged from liability for defects or for lack of conformity”.
13.3 Exclusion of guarantees
Products modified, repaired, integrated or added by the Customer are excluded from guarantee. The guarantee does not cover apparent defects. The guarantee does not cover products damaged during transport or due to improper use.
13.4 Methods of implementing legal guarantees
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer can choose between cancelling the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
For any request concerning legal guarantees, the Customer must contact Customer Service by email: email@example.com
These provisions are not exclusive of the right of withdrawal defined in Article 12 above.
13.5 Consequence of implementing guarantees
As part of the legal guarantee of conformity, NICE GOURMET commits, according to the Customer’s choice, to:
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product, within a maximum period of 30 days, if the replacement of a product proves impossible.
As part of the legal guarantee against hidden defects, NICE GOURMET commits, after evaluation of the defect, and according to the Customer’s choice, to
- either reimburse the full price of the returned product, within a maximum period of 30 days,
- or reimburse the Customer for part of the price of the product, within a maximum period of 30 days, if the Customer decides to keep the product.
14. INTELLECTUAL PROPERTY
All elements including the graphic charter, brand name, domain name of the website, database and data are protected by copyright laws, the rights of database producers and by industrial property laws.
Any unauthorized use of the elements of the website may constitute a violation of these laws. NICE GOURMET does not grant Customers any express or tacit rights regarding software, patents, copyrights, databases and data, brands, trade secrets or other information relating to elements of the website. Only a right of use of the elements of the website, the database and data are granted for the duration of the registration of the Customer.
Unless explicitly provided for in these Terms and Conditions, no element of the website may be reproduced in any form whatsoever and by any means whatsoever without the written permission of NICE GOURMET. In the same way, the Customer is forbidden from:
- extracting by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the website to another medium, by any means and in any form whatsoever.
- reusing, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the website, whatever its form.
- Unless otherwise indicated, the Customer is authorized to consult, download and print the documents and information available from the use of their code on the website.
- The creation of a hypertext link, even simple, to the Website can only be done with the authorization of NICE GOURMET, and provided that no confusion can exist in the minds of Internet users on the identity of said company or the source of the information.
15. PERSONAL DATA
NICE GOURMET only uses the personal data communicated by the Customer to provide the Customer with the services offered on the website.
This information is necessary for NICE GOURMET for the processing and delivery of orders as well as for preparing invoices. This information is intended for NICE GOURMET and its service providers involved in the execution of the order.
NICE GOURMET undertakes to comply with the provisions of the Data Protection Act (available on www.cnil.fr) for the processing of all personal data carried out within the framework of the operation of the website. As such, a simplified declaration has been duly made to the CNIL. See the legal notices.
NICE GOURMET has implemented security measures to protect the personal data provided by the Customer against unauthorized access and use. All the financial information provided by the Customer on the website is stored on the secure website of the financial institution chosen by NICE GOURMET.
Transactions concluded on the website are protected by encryption. The Customer is informed, however, that no data transmission over the Internet is 100% secure and that all information communicated online can potentially be intercepted and used by persons other than the intended recipient.
The Customer expressly accepts that NICE GOURMET processes his/her personal data for the proper functioning of the Site.
Personal data relating to the Customer transmitted and held by NICE GOURMET in the context of its activity comply with the current law on personal data and cannot be disclosed without prior consent of the Customer.
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the general data protection regulation which came into force on May 25, 2018, the Customer can request access to his/her personal data, have them rectified, updated, deleted or oppose any use when they are inaccurate, incomplete or out of date.
Cookies can be used to store or recall certain information such as the password or username to avoid having to enter this information each time you visit the website. The browser used can be configured to accept or reject cookies, or to notify you of their installation. For technical reasons, the Customer is informed that certain services of the website will not be accessible if cookies are disabled.
To exercise these rights or for any questions about the processing of your personal data on the website, contact our data protection officer:
If one or more stipulations of the Terms and Conditions prove to be or become totally or partially invalid, this does not affect the validity of the other stipulations of the Terms and Conditions.
Customers are informed that NICE GOURMET may, in any event, freely stop using the website, sell and / or transfer it, without Customers being able to avail themselves of any rights.
The failure of one of the parties to invoke a breach by the other party of any of the obligations referred to in these Conditions of Sale cannot be interpreted in the future as a waiver of the obligation in question.
In case of dispute, the Customer must first contact the customer service of NICE GOURMET by email (firstname.lastname@example.org) or by letter to (NICE GOURMET, Zone Industrielle La Vallière - Bâtiment 11, 06730 St André de la roche)
The consumer may use a consumer mediator in accordance with order n ° 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes.
To submit a mediation request, the Customer can use the complaint form available on the mediator's website: http://www.mediateurfevad.fr/index.php/espace-consommateur/#formulaire-conso
The Client and NICE GOURMET are free to accept or refuse the use of mediation, and, if mediation is used, to accept or reject the solution proposed by the mediator.
18. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are subject to French law.
The Customer may at any time consult his/her rights at the following addresses:
Any dispute relating to the validity, interpretation, execution, or non-execution of these Terms and Conditions of Sale governing the relationship between NICE GOURMET and the Customer will be submitted to the Court in the location NICE GOURMET’s head office, without this adversely affecting its rights to bring infringement proceedings to a court which would have jurisdiction in the absence of the above-mentioned clause.