The present general conditions of sale are up to date as of 01 November 2021



1. DEFINITIONS

1.1. These General Terms of Sale (after this "GTS") are offered by the Company FORT DE GOURMETS (after this "The Company"), SAS with a capital of 5,000 euros, registered in the Paris Trade and Companies Register under number 884931452, represented by Jayson ANGELE, whose registered office is located at 15 rue des Halles, 75001 Paris, France.

1.2. Its toll-free telephone number is +33 9.72.50.48.58, and its e-mail address is information@fortdegourmets.

1.3. The Company is the owner and publisher of the website https://preproduction.fortdegourmets.com after this ''the Site'').
The Site is hosted by OVH, domiciled at 2 Rue Kellermann, 59100 Roubaix, France, can be contacted on +33 9.72.10.10.07.

1.4. The Site offers the customer (after this referred to as "the Customer") the possibility of purchasing delicatessen foods (after this referred to as "the Products").

1.5. Before using the Site, the customer must ensure that he/she has the technical and computer resources to use The Site and to order the Products on the Site, and that his/her browser allows secure access to the Site. The customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.

2.APPLICATION AND ENFORCEABILITY OF THE GTS

2.1. The purpose of these General Terms of Sale is to define all of the terms and conditions under which the Company markets the Products as offered for sale on the Site to Clients. They therefore apply to any Order (hereinafter referred to as an "Order") for Products placed on the Site by the customer.

2.2. The customer declares that he/she has read and accepted these GTS before placing its Order.

2.3. Validation of the Order, therefore, constitutes acceptance of these GTS. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site on the date the Order is placed.

2.4. Any condition to the contrary imposed by the Client shall therefore, in the absence of express acceptance, be unenforceable against the Company, regardless of when it may have been brought to its attention.

2.5. The fact that the company does not take advantage of any provision of these GTS at a given time shall not be interpreted as a waiver of the right to take advantage of any provision of these GTS at a later date.

  

3. PRODUCTS

3.1. Each Product presented on the Site is the subject of an information sheet accessible by clicking on the Product and scrolling down the detailed presentation page. This sheet gives the essential characteristics of the Product: its designation, weight, composition, photo and price. These indications are made to inform the customer, and they are not exhaustive. The products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation of the Product does not engage the responsibility of the Company and does not affect the validity of the sale.

3.2. Our product offers are valid as long as they are visible on the Site, within the limits of available stocks. In the event of unavailability of a product after placing your order (stock error, breakage of a product), we will inform you by e-mail or telephone. We will then offer you a choice of : :

         - reimbursement of the missing Product (s) by credit card, cheque or PayPal,

         - reimbursement of the missing Product (s) in the form of a voucher,

         - a postponement of the delivery date after the Product has been restocked,

         - replacement with products of your choice of equivalent value to the missing products,

         - the pure and simple cancellation of your order.

         - The validation of one of these choices is suspended until the customer responds.

       The validation of one of these choices is suspended until the customer responds.

 

3.3. LThe photographs illustrating the products offered on the Site are provided for information only. Any variations between these photographs and the products do not engage the responsibility of the Company.

 

4. ORDERING PRODUCTS ON THE SITE

4.1. The Company reserves the right to correct the Site's content at any time.

4.2. Any person wishing to place an order on the Site must be of legal age when the Order is placed.

4.3. The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a slight variation in the Product(s) colour does not engage the Company's responsibility and does not affect the validity of the sale.

4.4. The customer can browse the Site and view the various products on sale without any obligation to purchase or register, he/she selects the Product (s) he/she wishes to purchase by clicking on "Add to the hamper".

4.5. Once the selection is complete, the customer can continue shopping by clicking on "Continue shopping" or finalise the Order by clicking on "Checkout".

4.6. At any time, the customer may access the summary of its Order by clicking on "My basket" or on the Relevant icon.

4.7. After validation of the Order and to proceed to payment, the customer must identify himself/herself with its login (e-mail address) and password or fill in the account creation form.

4.8. To create an account, and the customer must provide the following information: title, surname, first name, date of birth, full postal address, telephone number, valid e-mail address and a password. The customer is required to provide complete, up-to-date and accurate information, failing which FORT DE GOURMETS shall not be held liable in this respect.

4.9. The customer acknowledges that the combined entry of its login and password is proof of its identity and commits him/her for any order placed through them. The customer is responsible for conserving his login and password, which it is recommended not to disclose to third parties. The customer undertakes to inform FORT DE GOURMETS as soon as possible of any use of his login and password that would be carried out by a third party not authorised by the customer.

4.10. If the customer no longer has a password, he/she can obtain a new one by clicking on the "Forgotten password" link. The customer will receive an e-mail inviting him to choose a new one under the conditions and procedures that will be specified.

4.11. After logging in, the customer enters the contact details for the delivery of the Product (s) ordered, and for the invoicing if they are different. The delivery process for the Product (s) ordered is described in Article 7 of these GTS. The customer is informed that some of the information requested is compulsory for the proper execution of the Order placed, which he expressly acknowledges

4.12. The customer must then decide on the delivery method, the payment method and the billing and delivery address. Once these choices have been made, a summary of the Order will be displayed listing the Product (s), quantity, price of the products, total cost including VAT, any additional costs such as the delivery price, and the estimated delivery method and date.

4.13. After validating their delivery details and, where applicable, their invoicing details, the customer confirms acceptance of their Order by ticking the GTS validation box and then clicking on the Order validation icon. The words "Order with payment obligation" or a similar unambiguous wording shall appear next to the Order validation icon to ensure that the customer explicitly acknowledges its obligation to pay for the Order.

4.14. Once the GTS have been accepted and the Order validated with the obligation to pay, the contract is validly concluded between the Company and the Client and irrevocably commits them. In the absence of proof to the contrary, the data recorded by the Company shall constitute proof of all transactions between the Company and the Client
Once the GTS have been accepted and the Order validated with the obligation to pay, the contract is validly concluded between the Company and the Client and irrevocably commits them. In the absence of proof to the contrary, the data recorded by the Company shall constitute proof of all transactions between the Company and the Client

4.15. Upon receipt of orders, the Company ensures the consistency of the data communicated. As part of its policy to combat fraudulent payments, the Company reserves the right to carry out any necessary investigation before validating an order. This may include, in particular, requesting proof of address or the details of the Client's bank branch. When such a procedure is initiated, the validation of the Order is suspended.
If the Order is not validated within 15 days, the Order will be cancelled and the sums paid refunded. This period may be extended if there are ongoing exchanges of documents between the Client and the Company.

4.16. Once payment has been made, and the Company has validated the Order, the Client will receive an Order confirmation by e-mail, setting out the characteristics of the Order (products ordered, price, address, delivery method and time, billing details).

 

5. PRICES AND PAYMENT CONDITIONS OF THE ORDER

5.1. The prices are mentioned on the Site in the description of the Products, in euros and exclusive of tax and all taxes.

5.2. The total amount is indicated in the Order summary before the customer accepts these GTS, validates its Order, enters and validates its delivery, and, if applicable, billing details and proceeds to payment. This total amount is indicated, inclusive of all taxes

5.3. Orders for Products placed on the Web Site are payable in euros. Payment must be made in full on the day the Order is placed by the Client, by credit card, except where the Client and the Company have expressly accepted special conditions of sale.

5.4. Payment is made in cash online. For this reason, there are no discount conditions or penalties for late payment.

5.5. To be registered, the Order must be paid in full. Unpaid orders cannot be delivered.

5.6. Payment must be made in full on the date of the Order by the Client unless the Client and the Company expressly agree on special conditions of sale.

5.7. The Site offers the customer the use of online payment systems provided by PayPal or Payplug. These payment solutions comply with the DSP2 and guarantee the Customer secure banking transactions. Exchanges between the customer and the secure system are fully encrypted and protected. The customer's bank details are not stored electronically by the Company. When payment is made by credit card, the Client must validate the Order by entering a security code which is sent to him by SMS to the number indicated when his account was created.

5.8. Payments by other means of payment than those listed are not accepted. In case of payment by credit card, the payment will be considered at the moment of the confirmation issued by the banking institution of the credit card holder used for the payment. In the case of payment by PayPal, the payment will be considered at the time of confirmation by PayPal of sufficient funds in the relevant account.

5.9. The Client guarantees the Company that he/she has the necessary authorisations to use the payment method when placing the Order.

5.10. In a country other than France, the customer is the importer of the Product or products concerned.

5.11. The price will automatically be calculated exclusive of tax on the invoice for all products shipped outside the European Union and French overseas departments and territories. Customs duties or other local taxes, import duties or state taxes may be payable. These duties and sums are not the responsibility of the Company. They shall be borne by the Client and are the Client's sole responsibility, both in terms of declarations and payments to the competent authorities/organisations of the place of delivery. The Company advises the Client to enquire about these aspects with the relevant authorities. It is also the Client's responsibility to inquire with the relevant authorities about any import restrictions on the products he/she intends to order.

5.12. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Client to the Company, in the event of a payment incident, or the case of fraud or attempted fraud relating to the use of the Site and payment of an Order.

5.13. CIn the particular case of orders sent to the European Union, the price is calculated inclusive of all taxes. Professionals with an intra-community VAT number who wish to be exempt from VAT must first contact the Company's teams by the means defined in Article 2.1 of these GTS. The procedure to follow will be specified. Orders placed directly on the Site without prior contact will not be eligible for VAT exemption even if the customer provides an intra-Community VAT number.

 

6.  DELIVERY

6.1. The product(s) offered on the Site can be delivered to Metropolitan France and the EU member states.

6.2. The Product (s) offered on the Site can be delivered to France (Metropolitan France and French overseas departments) and to EU member states.

              Other countries where deliveries are possible are listed below:

Azores

Andorra

Canary Islands

Faroe Islands

Guernsey

Iceland

Jersey

Liechtenstein (excluding alcohol)

Vatican

Switzerland

Norway

United Kingdom

Saint Barthelemy

     

             Deliveries are excluded for destinations in the Postcode. For more information, please contact our customer service.

6.3. The customer's Order will be dispatched after receipt of the Order's full price, including transport costs.

6.4. A specialised service provider delivers the Products (after this, the "Carrier"): the customer can track the delivery of its order on the Carrier's website via a link that will be sent to him/her by e-mail. In addition, the day before the delivery is due to take place, the Carrier will send a text message indicating the delivery time to the mobile phone number provided when the order was placed. If the delivery cannot be received in the proposed time slot, the person who received the SMS is invited to contact the Carrier or the Customer Service of FORT DE GOURMETS.

6.5. In the event of absence, the Carrier shall leave a notice of passage in the customer's / Recipient's letterbox if the latter is accessible. The Client / Recipient must then contact the Carrier again to agree on new delivery date.

6.6. The customer must ensure that the information provided in Article 3.3 of these GTS is correct.

6.7. Any request to change the billing or delivery address must be made without delay by the customer by sending an e-mail to the customer service e-mail address. This modification can only be made between the validation of the order and the dispatch of the Product (s).

6.8. Otherwise, in the event of a delay or error in delivery, the Client may not in any way hold the Company liable for a failure to deliver, and the Company's Customer Service department will contact the Client for a second delivery at the Client's expense.

6.9. The Company shall also not be liable if the non-receipt of the products is due to a third party outside its intervention or in case of theft.

6.10. The Customer shall be informed by e-mail of its dispatch when its Order is ready. The product(s) ordered shall be delivered to the delivery address indicated by the customer when placing the Order following the conditions set out in Article 3.3 of these GTS.

6.11. The Company undertakes to deliver the product(s) within a period not exceeding 1 to 5 working days from the date of the Order.

6.12. The customer shall be informed by e-mail, when its Order is ready, of its dispatch. The product(s) ordered shall be delivered to the delivery address indicated by the customer when placing the Order following the conditions set out in Article 4.8 of these GTS.

6.13. The Client must ensure that the information provided in article 4.8 of these GTS is correct and remains so until the delivery of the product(s) ordered is complete. Therefore, the Client undertakes to inform the Company of any change in billing or delivery details that may occur between the time of the Order and the delivery time by sending an e-mail to the customer service e-mail address without delay. Should the Client fail to do so, the Company shall in no way be held liable for any delay or delivery error, and the Company's customer service department shall contact the Client to arrange a second delivery at the Client's expense.

6.14. The Company shall also not be liable if the non-receipt of the Products is due to a third party outside its intervention or in case of theft.

6.15. If the Order is returned due to the customer's absence, the Company's customer service department will contact the customer for a second delivery at the customer's expense.

6.16. The customer may track the delivery of its Order by contacting the customer service number indicated in article 7.2 of these GTS.

6.17. LDelivery times vary depending on the geographical area of the destination country and the preferred mode of transport. The following information is provided as an indication.

6.18. For France

     Zone 1: Metropolitan France

      The times indicated are for deliveries on working days, excluding public holidays, and they are valid under normal service conditions and for shipments made by our usual carriers. If the processing of your order requires a particular routing solution, the delivery times will be specified when you place your order. Similarly, delivery times may be extended in the event of any social disruption of the Carrier or climatic incidents.

           - For Colissimo shipments, you will receive your package within 48 - 72 working hours following the date of shipment for all orders placed before 11am from Monday to Friday.

           - For shipments by Ici Relais, you will receive your package at the relay point within 48 hours of the shipping date for all orders placed before 11:00 a.m. from Monday to Friday. Please note: the relay points do not receive parcels on Saturdays and as the relay points are retailers, they may have weekly closing days.

           - For shipments by Colissimo, the customer benefits from an express delivery service with the guarantee of receiving the parcel the next day for all orders placed before 11am from Monday to Friday. Colissimo departures are from Monday to Friday, and no Colissimo departures on Saturdays.

                       - For DPD Predict shipments

                       - For Chronopost shipments

                       - For Chronofresh shipments

 

Zone 2 (Corsica) :

      An additional delay is to be expected compared to the time generally observed for a delivery in Metropolitan France.

6.19. For other countries:

      Zone 3: Germany, Netherlands, Belgium, Luxembourg

        - Z3 standard: 2 days from date of dispatch

        - Z3 express: 1 day from dispatch date

 

      Zone 4: United Kingdom, Spain, Portugal, Italy, Austria, Denmark, Finland, Greece, Ireland, Sweden

        - Z4 standard: 2 to 6 days depending on the destination from the date of dispatch

        - Z4 express: 1 day from dispatch date

 

      Zone 5: Hungary, Poland, Czech Republic, Romania, Slovakia, Bulgaria, Croatia, Slovenia, Latvia, Lithuania, Estonia, Malta

        - Z5 standard: 3 to 4 days depending on the destination from the date of dispatch

        - Z5 express: 1 to 2 days depending on the destination from the date of dispatch

 

6.20. If the delivery deadline mentioned at the time of placing the Order and in the order confirmation is exceeded - not due to transport delays or force majeure - the customer may cancel the Order:

or, by registered letter with acknowledgement of receipt addressed to:

              FORT DE GOURMETS – Service Client
              15, rue des Halles
               75001 Paris

   or, by e-mail service-client@fortdegourmets.com

if, after having requested the Company, in the same way (registered letter or e-mail), to carry out the delivery within a reasonable additional period, and the Company has not complied with this period. The Order shall be cancelled. Consequently, the contract shall be deemed to be terminated on the date of receipt by FORT DE GOURMETS of the writing informing it of the customer's intention to avail itself of this cancellation option. This, unless FORT DE GOURMETS has proceed to the delivery in the meantime.

The Company then undertakes to reimburse the Client the sums paid by the latter within a maximum of 14 (fourteen) days following receipt of the letter of resolution by bank transfer or by cheque.

6.21. If the Order is returned due to the customer's absence, the Company's Customer Service will contact the customer for a second delivery at the customer's expense.

6.22. The customer may track the delivery of his Order by contacting the Customer Service number given in Article 1.1 of these GTS.

 

7. CUSTOMER SERVICE

7.1. For any request for information, clarification or complaint, the customer must contact, as a priority, the Company's customer service department to allow the latter to try to find a solution to the problem.

7.2. LThe Company's customer service can be reached from 9am to 6pm from Monday to Friday using the following contact details:
        - Phone : +33 9.72.50.48.58 (toll-free number)
        - e-mail : service-client@fortdegourmets.com
        - postmail : FORT DE GOURMETS – Service Client, 15, rue des Halles, 75001 Paris

 

8. LEGAL AND COMMERCIAL GUARANTEES

All products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code:

The non-conforming product will be replaced or repaired in accordance with the costs stipulated in the Consumer Code.

Thus the Client:

(i) has a period of two (2) years from the delivery of the Product to bring an action for lack of conformity of the Product

(ii) is exempted from proving the existence of the lack of conformity of the goods during the ten (6) months following the delivery of the product

(iii) may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.

In addition, the customer may also invoke the legal guarantee for hidden defects in the item sold, as defined in Articles 1641 et seq. of the Civil Code. The legal warranty for hidden defects allows the customer to be reimbursed for a Product that has proved to be unfit for its purpose within two years from the discovery of the defect

The warranty for hidden defects allows the customer to be protected against hidden defects in the purchased Product, which prevent its use or affect it to such an extent that the customer would not have purchased it.

The customer then has the choice between two options: to keep the Product and ask for a reduction of the price, or to return the Product and ask for a refund of the price paid, in accordance with Article 1644 of the Civil Code.

The following legal provisions are recalled:


Art. L217-4 of the Consumer Code: ‘‘The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.’’


Art. L217-5 of the Consumer Code: ‘‘ The goods conform to the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;(b) if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2. Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.’’


Art. L217-7 of the Consumer Code: ‘‘ Conformity defects that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.. ’’


Art. L217-8 of the Consumer Code: ‘‘ The buyer is entitled to demand the conformity of the goods with the contract. However, he may not contest the conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies where the defect originates in materials supplied by the buyer. ’’


Art. L217-9 of the Consumer Code: ‘‘ In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.’’


Art. L217-10 of the Consumer Code: ‘‘ If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within a period of one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.. ’’


Art. L217-11 of the Consumer Code: ‘‘ The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the award of damages. ’’


Art. L217-12 of the Consumer Code: ‘‘The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. ’’


Art. Art. L217-13 of the Consumer Code: ‘‘The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory 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 recognised by the law.’’


Art. 1641 of the Civil Code: ‘‘ The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them’’


Art.1642 of the Civil Code ‘‘ LThe seller is not liable for apparent defects of which the buyer has been able to convince himself. ’’


Art. 1643 of the Civil Code: ‘‘He is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.’’


Art. 1644 of the Civil Code: ‘‘In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned. ’’

Art. 1646 of the Civil Code: ‘‘If the seller was unaware of the defects of the thing, he shall only be bound to refund the price and reimburse the purchaser for the expenses incurred by the sale.’’

Art. 1648 of the Civil Code: ‘‘The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect (…) .’’

Suppose a Customer considers that he/she has received a product that he/she considers to be defective or non-conforming. In that case, he/she shall contact the Company as soon as possible after receipt of the Order, at the following e-mail address: service-client@fortdegourmets.com, or by registered mail with acknowledgement of receipt to the following address service-client@fortdegourmets.com, or by postmail with acknowledgement of receipt to the following address:
FORT DE GOURMETS – Service Client, 15, rue des Halles, 75001 Paris, France specifying the defect or non-conformity in question.

It shall be the Client's responsibility to justify the designation of apparent defects or anomalies observed. The Client must allow the Company every facility to observe these defects or non-conformities and remedy them if necessary. It shall refrain from intervening itself or having a third party intervene for this purpose.

Suppose the Company confirms the defects or anomalies. In that case, the latter will then send the Client instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed with the replacement of the Product for which the Company would have been led to note the lack of conformity, or the defectiveness.

If it is not possible to exchange the Product, the Company shall be obliged to reimburse the Client within fourteen days of receiving the Product. The refund will be made at the Company's proposal by crediting the Client's bank account, and the Client may opt for another method of refund than that proposed.

 

9. DUTIES OF THE CUSTOMER

9.1. The customer undertakes to comply with the terms of these GTS.

9.2. The customer undertakes to use the Site per the Company's instructions.

9.3. The customer agrees that he/she will use the Site only for its personal use, per these GTS. In this regard, the customer agrees to refrain from:

     - Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions

     - Sell, copy, reproduce, rent, lease, loan, distribute, transfer or sublicense all or part of the contents of the Site or decompile, reverse engineer, disassemble, modify, display in human-readable form, attempt to discover any source code or use any software that enables or comprises all or part of the Site;

     - Attempting to gain unauthorised access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of or interferes with the performance or functionality of the Site;

     - Misuse of the Site by deliberately introducing viruses or other malicious programs and attempting to gain unauthorised access to the Site;

     - Infringe the Company's intellectual property rights or resell or attempt to resell the products to third parties; ;

    - To denigrate the Site or the products and the Company on social networks and any other means of communication.

9.4. If for any reason, the Company considers that the customer is in breach of these T&Cs, the Company may at any time, and at its sole discretion, terminate the customer's access to the Site and take any action, including civil and criminal legal action, against the customer.

 

10. RIGHT OF WITHDRAWAL

10.1. Following Articles L.221-18 et seq. of the French Consumer Code, the customer has a period of 14 days from receipt of the last Product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify his reasons or pay any penalty.

10.2. All Products/Services can be withdrawn, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:

1° the supply of services which are fully performed before the end of the withdrawal period and the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal;

2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period;

3° The supply of goods made to the consumer's specifications or clearly personalised;

4° The supply of goods that are likely to deteriorate or expire rapidly;

5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed after the contract depends on fluctuations in the market beyond the control of the trader;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;

9° The supply of audio or video recordings or computer software when the consumer has unsealed them after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

11° CConcluded at a public auction;

12° The provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time;

13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

 

10.3. In Order to exercise their right to withdraw from the Order, the Client must notify their decision to start using the withdrawal form attached hereto or employing an unambiguous statement without giving any reasons. The customer may communicate his decision to withdraw to the Company by any means, particularly by sending it by post to the Company at the following address:
FORT DE GOURMETS – Service Client, 15, rue des Halles, 75001 Paris, France
or by e-mail service-client@fortdegourmets.com.

10.4. In the event that the Client notifies the Company of his decision to withdraw, whatever the means used, the Company will send him without delay an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).

10.5. The customer must return the Product (s) in the same condition in which he/she received it/them, and with all packaging, accessories and instructions (even if the Product (s) has/have been unpacked), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from the present contract. Following the law, the customer shall bear the cost of returning the Product(s).

10.6. In the event that the Client withdraws the refund of the Product(s) that was (were), the Company shall make the subject of the right of withdrawal by the same means of payment as that used for the initial transaction unless the Client expressly agrees to a different means. In any event, this refund shall not incur any costs for the Client. The refund shall be made as soon as possible and no later than 14 days from the date on which the Company is informed of the Client's decision to withdraw from the Order.

10.7. Following Article L.221-23 of the French Consumer Code, the customer is informed that he/she is only liable to the Company for any depreciation of the Product (s) returned following the exercise of its right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

 

11. RESPONSABILITY

11.1. The Company shall take all appropriate measures to ensure that the Client is supplied with quality product(s) under optimum conditions. However, the Company shall not be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company's liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damage or damage whose existence or quantum would not be established by evidence.

11.2. The Company shall not be liable for any damages caused by misuse of any of its products or by failure to observe the precautions for use and conditions of hygiene, storage and safety when using any of its Products/Services.

11.3. The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

11.4. The establishment of such links or the reference to any information, articles or services provided by a third party cannot and shall not be construed as an express or implicit endorsement by the Company of such sites and elements or their contents.

11.5. The Company is not responsible for the availability of these sites and cannot control the content of these sites nor validate the advertising, product(s) and other information provided on these websites.

11.6. It is expressly stipulated that the Company shall in no way be held responsible, in any way whatsoever, if the customer's computer equipment or electronic mailbox rejects, for example due to anti-spam software, the electronic mail sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the Order summary or the shipment tracking electronic mail.

11.7. The Client is fully aware of the provisions of this article and in particular of the guarantees above and limitations of liability, essential conditions without which the Company would never have contracted.

 

12. SECURITY

The Client undertakes not to undermine the security of the Site. To this end, he undertakes not to proceed with any fraudulent access or maintenance in the Company's information system. The Client may not damage or hinder the Company's information system. Should he fail to do so, the Company may take any measure against him and, in particular, incur criminal liability under Articles 323-1 et seq. of the French Penal Code.

 

13. INTELLECTUAL PROPERTY AND PERSONAL DATA

13.1. Copyright, trademark law, designs protect all the elements of this Site and the Site itself and models or all other intellectual property rights. These elements are the Company's exclusive property, and all these rights are reserved for the whole world.

13.2. LThe name and trademark, logos, designs, stylised letters, figurative marks, and all signs represented on this Site are and shall remain the Company's exclusive property.

13.3. No title or right in any material or software shall be obtained by downloading or copying material from this Site. The customer may not reproduce (other than for its own personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work with this Site and the materials and software contained therein, nor sell or participate in any sale in connection with this Site, the materials on this Site or any software related to that.

13.4. The Company grants the Client a non-exclusive licence to use the Site. This licence is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The licence is granted for the duration of the use of the Site.

13.5. Any use by the Client of the company names, trademarks and distinctive signs belonging to the Company is strictly prohibited unless the Company has given its express prior consent.

13.6. The Company understands that data protection and privacy is an issue for all Internet users visiting the Site. Following the RGPD regulation, the Company undertakes to respect your privacy and protect your personal data, i.e. data that may identify you directly or indirectly as a person.

13.7. In the context of the Order, the Company must collect personal data from the customer, and the Company undertakes to protect customers' personal data.

13.8. The files containing personal data necessary for the Order are stored on the servers of the Site's host. This service provider ensures that it complies with the General Data Protection Regulation (RGPD). The Company does not communicate or trade-in customers' personal data.

13.9. At the stage of ordering on the Site, the customer expressly consents to collecting and processing the personal data necessary to carry out the orders.

13.10. The purpose of the personal data collected by the Company is to enable the Order to be carried out. The various personal data will not be kept longer than necessary for the purposes they were collected, including compliance with legal or fiscal obligations.

13.11. Following the provisions of Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004, known as the "Informatique et Libertés" law, and with the General Data Protection Regulation (RGPD), subject to proof of identity, all Customers, whatever their nationality, have the right to access, modify and delete their personal data. Each customer is also entitled to request a limitation of the processing of his or her data and has the right to data portability as well as the right to object to the processing of his or her personal data.

13.12. To apply this clause and, in particular, to ensure the confidentiality of Customer data, the Company has appointed, following the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: rgpd@fortdegourmets.com

13.13. In any case, any Customer has the right to make any complaint to the CNIL.

 

14. NEWSLETTER

14.1. By ticking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the Company may send him/her, at a frequency and in a form determined by it, a newsletter which may contain information relating to its activity.

14.2. When the customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from the Company for Products similar to those ordered.

14.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.

 

15.  LOI APPLICABLE ET ATTRIBUTION DE JURIDICTION

15.1. These GTS shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.

15.2. In the event of a dispute arising from the interpretation or performance of these GTS, or about these GTS, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.

15.3. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the AME CONSO e-commerce Mediation Service, whose contact details are as follows:
AME CONSO
197 Boulevard Saint Germain, 75007 PARIS
https://www.mediationconso-ame.com

You can use the mediation service for consumer disputes related to an order made on the internet.

For information on how to contact the Ombudsman:
https://www.mediationconso-ame.com/le-processus-de-la-mediation-de-la-consommation.html 

15.4. Finally, it is recalled that mediation is not compulsory but only proposed to resolve disputes by avoiding recourse to the courts.

15.5. LThe customer may also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the approved dispute settlement bodies in France:
https://webgate.ec.europa.eu/odr/.

15.6. If this mediation procedure fails or the customer wishes to bring a case before a court, the Code of Civil Procedure rules will apply.

 

Annex 1

WITHDRAWAL FORM

Fort De Gourmets 15 rue des Halles, 75001 Paris, France

service-client@fortdegourmets.com

+33 9.72.50.48.58

With this, I notify you of my withdrawal from the contract for the sale of the product(s)/service(s) mentioned below:

Ordered on:

Received on:

Order Number:

Name of the Client :

Customer Adress:

Date:

Customer's signature:

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