1-    APPLICATION OF GENERAL TERMS AND CONDITIONS

1.1 Foreward

The internet site www.breakgourmand.com hereinafter referred to as “the Website” offers an online service for the sale of chips to consumers.

Access to, consultation and use of the Website are subject to the unconditional acceptance of the general terms and conditions of sale, accessible on the Website.

The purpose of these Terms and Conditions is to determine the sales conditions of the service offered by NICE GOURMET, via the Website, to the consumer, hereinafter referred to as the “User”.

The conditions of subscription by the User are set out in article 2 of the General Conditions.

These Terms and Conditions govern the contractual relationship between NICE GOURMET and the User.

By deciding to subscribe to the Services provided by NICE GOURMET, the User accepts these Terms and Conditions in their entirety.

1.2 Acceptation

By accessing the Website, the User is subject to these Terms and Conditions.

Any use of the Website by the User therefore automatically entails the application of these Terms and Conditions.

 

1.3 Geographical limitation

Offers are valid for any purchase made online, without geographical limitation, unless otherwise stated.

1.4 Modifications

NICE GOURMET reserves the right to modify the general sales conditions as and when necessary at its discretion according to the technical evolution of the Website, and the evolution of legislation. The use of the Website and its services is subject to the latest version of the Terms and Conditions available on the Website and accessible at the time of its use. It is up to the user to refer to the General Conditions as often as necessary.

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 rates set out in article 9.

When using the Website, the User 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.

1.5 General rules of use

By accessing the services of the Site, the User declares to be sane, to be legally able to enter into contracts and not to be protected under article 425 of the French Civil Code, i.e. not the subject of a judicial safeguard procedure, to be under curatorship or guardianship.

The User can only access the Website services and his Account by using the email and password used when registering. In this context, the User is forbidden to communicate these data to any third party and must protect them and keep them secret. The User undertakes to inform, without delay, NICE GOURMET of any compromise, loss or anomaly found in his registration address and / or password. The User alone is responsible for the consequences of any disclosure of his password in that any access to the Website services is deemed to have been made by the User.

The User agrees to make a normal and fair use of the Website, i.e. according to its purpose.

NICE GOURMET reserves the right to refuse the inscription of a User who does not accept the Terms and Conditions or who does not fully and / or in good faith complete 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 User.

In case of non-compliance by the User of these Terms and Conditions, NICE GOURMET reserves the right to refuse access and / or to close the User’s account permanently or temporarily without having to justify, without notice and without possible compensation including in case of purchase in progress or having just ended.

In the context of the use of the Website and its services, it is strictly forbidden to:

- Copy, modify or alter all or part of the Website;

- Fail to use the Website and services loyally and sincerely;

- Use all or part of the functionality of the Website in a manner and / or for a purpose contrary to the laws and regulations in force;

- Collect in any form and for any purpose whatsoever data, personal or otherwise, including usernames;

- Affect, in any way, the rights of Users and / or third parties;

- Contravene a legal or regulatory provision in force.

NICE GOURMET reserves the right to check, at any time, that the User is respecting the Terms and Conditions.

Failure to comply with 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 liable.

2. REGISTRATION AND USE OF USER ACCOUNTS

2.1 General rules

The Services are accessible to any User, following registration on the Website, and subject to the provision of information needed for the creation of a User Account. The User guarantees NICE GOURMET that he will only use the Site for lawful purposes.

The registration form must be completed correctly and fully. The User undertakes to provide accurate, current and complete information and agrees to update this information on the Website, without delay.

2.2 Creation and use of the User account

Registration on the Website is free and for an indefinite period.

The User must provide the following information when registering: email and password. This information can be modified at any time.

The User will be deemed registered upon receipt of a confirmation message by email.

It is understood that each User’s account remains personal.

The User agrees to use his account fairly and correctly. He is solely responsible for the use and management of his Account, as well as any activity carried out from the account, including any activity carried out by third parties from his account.

The User is informed and agrees that NICE GOURMET can at any time and without prior authorization block and / or temporarily or permanently close the account especially in the event of non-compliance with the Terms and Conditions.

The User may request the closure of his account at any time by contacting: contact@breakgourmand.com

3. USER’S GENERAL OBLIGATIONS

The User agrees:

-       to access the Website diligently and in good faith;

-       to use the Website for its proper purpose;

-       not to use the Website for purposes other than the services offered, particularly for commercial or advertising purposes;

-     not to spread false news, unnecessarily alarmist information or rumours, regardless of their degree of truth, that could cause harm to others;

-     to refrain from posting any message or image that is pornographic, racist, violent, contrary to the law or morality, 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 subject to copyright, trademark law or the rights of individuals;

-     to respect the image and the reputation of NICE GOURMET including by prohibiting any action aimed at diverting people from the Site or to promote competing services;

-     to guarantee NICE GOURMET against any direct or indirect damage related to the putting on line and the diffusion of such information, data or images.

 

4. ORDERING

4.1 General information

Contractual information is presented in French and is subject to confirmation at the time of validation of the order.

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 the request for a proof of address or bank details. In the case of such a procedure, 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 User and NICE GOURMET.

4.2 Confirmation of the order

To place an order, the User can identify himself with his username (email address) and his password. Before placing an order for the first time, the create a user account, or order as a guest.

If the password is lost, the User may request, from the Website, that it be sent to email address that was communicated at the time of registration.

4.3 Registration and validation of the order

By clicking « Validate my order » the User declares that he accepts fully and without reserve all these Terms and Conditions.  

One the basket is validated, the User must accept the Terms and Sales Conditions, choose the address, the means of delivery and the payment method, this final step formalising the contract between NICE GOURMET and the User.

Any order implies acceptance of prices and descriptions of products available for sale.

NICE GOURMET will acknowledge receipt of the order upon validation by sending an email.

In certain cases, particularly in case of default of payment, wrong address or other problem on the User account, NICE GOURMET reserves the right to block the User’s order until the problem is solved.

The User can follow the order from his customer account on the Website under "Order tracking".

The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form.

5. CONDITIONS OF PAYMENT

Orders must be paid for upfront:

 Via the Website by bank card: CB, Visa, MasterCard;

 by PayPal;

 by cheque issued by a bank domiciled in France or Monaco, and made out to SAS NICE GOURMET; Cheques will be cashed on receipt.

Orders will only be sent once payment has been received and cashed.

The invoice will be available directly on the User’s online account and will be sent by email.

6. AVAILABILITY OF PRODUCTS

In case of unavailability of product after placing the order, NICE GOURMET will inform the User by mail or phone within 3 working days - 72 hours.

The User may then request the cancellation of his order or the exchange of the missing products.

In case of cancellation, the User will be refunded within a maximum period of thirty (30) days from receipt of the refund request.

 

7. PROMOTIONAL CODES

A promotional rate will not be applied to orders dated more than three days, or after the promotional code has expired.

If your order is dated less than three days and a promotional code is still valid, NICE GOURMET will refund the difference in the form of a single-use credit voucher, valid for an unlimited period on the Website.

Discount codes distributed by NICE GOURMET are valid while stocks last. The discount codes can be used until their expiry date. 

8. CONDITIONS OF VALIDITY OF THE OFFER

Offers on the Website are valid as long as they appear online.

The offers are valid 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 photographs of the products are not contractual.

The prices of the products are indicated in Euros all taxes included. They take into account the VAT and any discounts applicable on the day of the order.

9. PRICES

Product prices are exclusive of processing and delivery costs. The delivery charges and processing fees will be specified on the order form before validation of the order.

FOR ORDERS SENT WITHIN THE EUROPEAN UNION

The price is calculated all taxes included.

These General Terms and Conditions of Sale do not concern professionals.

For professionals with an intra-community VAT number who wish to be exempted from VAT, they must contact NICE GOURMET in advance by email or phone where the procedure will be specified.

FOR ORDERS SENT OUTSIDE THE EU

For orders to a country other than metropolitan France you are the importer of the product concerned.

For all products shipped outside the European Union and DOM-TOM, the price will automatically be calculated excluding taxes 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 at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of your country.

It is advisable to find out about these aspects from your local authorities, and also to inform these authorities of any import restrictions on the products you plan to order.

10. DELIVERY

The products available on the Website may be delivered only subject to the condition that they are not subject to any restriction or prohibition in the countries concerned by this delivery. For reasons of fragility, each pack will be delivered in a separate box.

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 metropolitan France) and Switzerland:

The processing and shipping costs can be consulted on the page: shipping costs.

For more information, please contact NICE GOURMET.

10.3 Delivery outside the EU

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 User can find the processing and shipping costs by consulting his basket.

Note that the order is invoiced excluding taxes.

Depending on the country, additional customs taxes may be requested on delivery.

10.4 Terms of Delivery

The products are delivered to the delivery address that the User has indicated when ordering and only to the geographical areas served by NICE GOURMET.

All products leave the premises of NICE GOURMET in perfect condition. The User must report to the carrier (or postal agent) the slightest sign of shock (holes, crushing etc. …) on the package, and if necessary to refuse the package. An identical new product will be returned to you at no cost.

Products that have not been declared, on receipt, damaged during transport, will not be replaced.

As in 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, as long as necessary, to find this package. If necessary, the NICE GOURMET will be reimbursed by the carrier and will deliver a new package.

NICE GOURMET declines any responsibility for increased delivery periods due to the carrier, in particular in case of loss of the products, bad weather or strike.

Deliveries to France are made by MONDIAL RELAY, DPD or Colissimo home delivery, and Chronopost home delivery according to the service chosen when ordering. These providers may be changed but the quality of 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 dispatched the day after the cheque is cashed. For cheques received on Friday, orders are shipped the following Monday after cashing.

For shipments to mainland France

For shipments via DPD or Colissimo, the User will receive his package within 48 - 72 hours after the date of shipment for all orders placed before 11am Monday to Friday.

For Chronopost shipments, the User will benefit from an express delivery service with the guarantee of receiving the parcels the next day for any order placed before 11am from Monday to Thursday. Chronopost departures are 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 hours.

These delivery deadlines concern mainland France, for working days, and exclude postal routing problems and they are subject to product availability.

Shipments outside mainland France

For the European Union and Switzerland, deliveries are generally made within 24 to 96 hours (average deadlines) depending on the services chosen.

For countries outside the European Union and overseas territories, delivery times vary according to distance and carriers.

The NICE GOURMET Sales Department can provide you with any additional information and an estimate of delivery times.

In case of absence from your home when the delivery is attempted, a delivery notification slip will be left in your mailbox. You will then be able to pick up your parcel at the agency indicated on the slip, 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 parcel, broken products ...) must imperatively be indicated on the delivery form in the form of "handwritten reserve", accompanied by the signature of the customer.

The User must confirm this anomaly by sending the carrier within two (2) business days of the delivery date a registered letter with acknowledgment of receipt setting out the said claims.

The User must send a copy of this letter to NICE GOURMET-ESPACE LA VALLIÈRE- BATT 11-ZA LA VALLIÈRE, 06730 SAINT-ANDRÉ-DE-LA-ROCHE.

No exchange will be made unless the above procedure has been followed.

10.6 Delivery errors

Any complaint concerning a delivery error and/or nonconformity of the products in kind or quality by compared to the indications on the order form must be made to NICE GOURMET, 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:

NICE GOURMET - LA VALLIÈRE AREA- BATT 11-ZA LA VALLIÈRE, 06730 SAINT-ANDRÉ-DE-LA-ROCHE.

Any claim not made in the rules defined above and within the time limits cannot be taken into account and will release NICE GOURMET from any responsibility with respect to the User

In case of error of delivery, any product to be exchanged or refunded must be returned to NICE GOURMET as a whole and in its original packaging in perfect condition to NICE GOURMET - ESPACE LA VALLIÈRE- BATT 11-ZA LA VALLIÈRE, 06730 SAINT-ANDRE-DE-LA-ROCHE.

To be accepted, any return must be reported and have the prior agreement of NICE GOURMET who in case of agreement will forward the package to the correct address.

The shipping costs are the responsibility of NICE GOURMET, unless the product does not match the original declaration made by the User to justify the return.

10.7 Force majeure

Neither the Authority nor the Operator shall be considered in breach of this Contract to the extent that performance of their respective obligations is prevented by an Event of Force Majeure..

An event of Force Majeure means any unpredictable, inevitable fact or circumstance beyond the control of the parties, and which cannot be prevented by the latter, despite all reasonable 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, breakdown in telecommunication networks or difficulties specific to telecommunication networks external to Users.

The party affected by such circumstances will notify the other within three (3) business 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, Users and NICE GOURMET agree to establish, within the framework of electronic commerce services, the rules relating to admissible evidence between them in case of litigation and its probative value.

NICE GOURMET and the Users undertake to accept that, in case of dispute, the e-mail addresses and passwords used in the context of the Site and the Accounts as well as the e-mails exchanged, data and the login credentials relating to actions taken from their accounts, are admissible as evidence in court.

NICE GOURMET and the Users undertake to accept that in the event of litigation, these documents, information and registrations will demonstrate in particular the date and content of the offer and the registration of the order, regardless of the amount.

The data recorded on the Website and in particular the payment system constitute proof of all transactions between NICE GOURMET and its Users.

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 filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

12. RIGHT OF WITHDRAWAL

For deliveries within the European Union, the User has the right to withdraw from this contract within 14 days without giving any reason. This withdrawal period will expire 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 must be 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 returned.

The User returns or returns the products at his expense to NICE GOURMET, at the latest, within fourteen days of the communication of his decision to retract.

The decision of withdrawal must be declared without ambiguity, in particular by sending an email to contact@breakgourmand.com or by registered letter with acknowledgment of receipt to the following address:

NICE GOURMET, 11 avenue General Estienne 06000 NICE.

If the decision to withdraw is made by post, the User will assume the costs related to this shipment.

A withdrawal form is available on the Site at the following link.

In the event that the withdrawal fulfills all the aforementioned conditions, NICE GOURMET will reimburse the User for all amounts paid, including delivery charges, without undue delay, within a period of fourteen (14) days following the receipt of the goods, via the same payment method as the one used for the initial transaction.

NICE GOURMET is not required to reimburse the additional costs if the User has expressly chosen a more expensive method of delivery than the standard delivery method proposed by NICE GOURMET.

13. INTELLECTUAL PROPERTY

All elements including the graphic charter, trademark, domain name of the Website, database and data are protected by copyright laws, the rights of producers of databases as well as industrial property.

Any unauthorized use of the elements of the Website may constitute a violation of these laws. NICE GOURMET does not grant Users any express or tacit rights regarding software, patents, copyrights, databases, data, trademarks, trade secrets or other information relating to the elements of the Website. Only a right of use of the elements of the Website, the database and data is granted for the duration of the registration of the User.

Except as expressly provided 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 User is forbidden:

- to extract by permanent or temporary transfer, all, or a qualitatively or quantitatively substantial part of the content of the Site on another medium, by any means and in any form whatsoever;

- to re-use, by making available to the public of all or a qualitatively or quantitatively substantial part of the content of the Website, whatever its form.

Unless otherwise indicated, the User 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.

14. PERSONAL DATA

NICE GOURMET only uses the User information to provide the User with the services offered on the Website.

NICE GOURMET undertakes to comply with the provisions of the Data Protection Act (available on the website www.cnil.fr) for all processing of personal data carried out in the context of the operation of the Site. As such, a simplified declaration has been duly made to the CNIL. See the legal notices.

The User expressly agrees that NICE GOURMET may process his personal data for the proper functioning of the Website.

The personal data relating to the User 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 the prior consent of the User.

In accordance with the Loi Informatique et Libertés of January 6, 1978 modified, the User can request that their personal data be obtained, rectified, updated or deleted, when they are inaccurate, incomplete or out of date, or can oppose any use of their data by writing  to the following email address: contact @ breakgourmand.com

Cookies can be used to keep or recall certain information such as password or username so that you do not have to enter this information each time you visit the Website. The browser used can be configured to accept or reject cookies, or notify their installation. For technical reasons, the User is informed that certain services of the Website will not be accessible to him if cookies are disabled.

15. OTHER

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.

Users are informed that the company NICE GOURMET may, in any event, freely stop using or sell the Website, without the Users being able to avail themselves of any rights.

The failure of one of the parties not to claim a breach by the other party to any of the obligations under these Terms and Conditions cannot be interpreted in the future as a claim against the obligation in question.

16. MEDIATION

In case of dispute, the User must first contact NICE GOURMET customer services by email (contact@breakgourmand.com) or by post to NICE GOURMET, 11 avenue General Estienne 06000 NICE.

The consumer may use a consumer mediator in accordance with Order No. 2015-1033 of 20 August 2015 on out-of-court settlement of consumer disputes.

To submit a request for mediation, the User can use the claim form available on the mediator's website:

http://www.mediateurfevad.fr/index.php/espace-consommateur/#formulaire-conso

The User and NICE GOURMET remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator.

 

17. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are subject to French law.

The User may at any time consult their rights at the following addresses:

www.legifrance.fr

www.cnil.fr

Any differences relating to the validity, interpretation, execution, or non-execution of these Terms and Conditions governing the relationship between NICE GOURMET and the User will be submitted to the Court of the place of the registered office of NICE GOURMET without this adversely affecting its rights to bring infringement proceedings to a court that would have jurisdiction in the absence of the aforementioned clause.