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General terms and conditions of sale

SUBJECT – APPLICATION OF THE GENERAL CONDITIONS

1.1 Prior information and commitment

The present conditions are concluded between, on the one hand, NICE GOURMET, hereinafter referred to as the Vendor and, on the other hand, the non-professional natural persons wishing to make a purchase via the Internet site soccachips.com, hereinafter referred to as the Customer.

The conditions of subscription by the Customer are set out in article 2 of the General Conditions. The present General Conditions apply exclusively to the relationship between any Customer and the company NICE GOURMET whose head office is located at Zone Industrielle La Vallière – Bâtiment 11 – 06730 St André de la Roche registered in the Nice Trade and Companies Register under number 802 395 988.

By deciding to register for the Services provided by NICE GOURMET or by validating his order on the site, the Customer declares that he accepts without reservation the terms of the said order as well as the entirety of these general conditions of sale.

This acceptance is in no way conditioned by a handwritten signature on the part of the Customer. In accordance with the applicable provisions of the Civil Code, it is recalled that the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

1.2 Acceptance

The present General Conditions of Sale apply, without restriction or reserve, to all sales concluded by NICE GOURMET (“the Seller”) with consumers and non-professional purchasers (“the Customers or the Client”), wishing to acquire the products offered for sale by the Seller (“the Products”) on the website soccachips.com.

They specify in particular the conditions of order, payment, delivery and Products ordered by the Customers.

The Products offered for sale on the website soccachips.com are the following: the sale of Socca Chips® and Socca Chips® related items.

The main characteristics of the Products and in particular the specifications, illustrations, indications and capacity of the Products, are presented on the website soccachips.com.

The Customer is obliged to read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

NICE GOURMET makes its best efforts to ensure that the presentation of the Products whose photographs are displayed on the site are faithful to the original Products. However, due to the way the Products are presented, 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 website soccachips.com are not contractual and do not engage the responsibility of the Seller.

The Customer must refer to the description of each Product in order to know its properties and essential characteristics.

Product offers are subject to availability, as specified when the Customer places the order.

The Seller’s contact details are as follows

NICE GOURMET
Zone Industrielle La Vallière – Building 11
06730 St André de la Roche

1.3 Territories

The offers are valid for all purchases made online, without geographical limitation, unless otherwise stated.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.

1.4 Changes

These General Terms and Conditions of Sale are accessible at any time on the website soccachips.com and will prevail, if necessary, over any other version or any other contradictory document.

The Customer declares that he has read and accepted the present General Terms and Conditions of Sale by ticking the box provided for this purpose prior to the implementation of the online ordering procedure as well as the general terms of use of the soccachips.com website.

Any special condition or any other written document contained in particular in the documents issued by the Customer (including the order) cannot prevail over the present General Sales Conditions without the express written agreement of NICE GOURMET.

It is specified that the Customer may save or print these General Terms and Conditions of Sale, provided that they are not modified.

NICE GOURMET reserves the right to modify the General Conditions as long as necessary, according to the technical evolution of the Website, the evolution of the legislation, at its sole discretion. The version applicable to the Customer’s purchase is the one in force on the website at the date of placing the order. It is up to the Customer to consult as often as necessary the General Conditions accessible at any time on the website soccachips.com.

NICE GOURMET may also make changes to the editorial content of the Website and to the services offered, including the prices set out in article 9, at any time and without prior notice.

When using the Website, the Customer may be subject to any guidelines or rules posted on the Website and applicable to the services offered there, which may contain terms and conditions in addition to these General Conditions. All such guidelines or rules are deemed to be included by reference in the General Conditions.

In the absence of proof to the contrary, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, oppose, delete and port all of his personal data.

To exercise these rights or for any questions about the processing of your data in this scheme, you can contact our Data Protection Officer:

By e-mail: info@creationsls.fr

By post: The Data Protection Officer

NICE GOURMET
Zone Industrielle La Vallière – Building 11
06730 St André de la Roche

1.5 General rules of use

By accessing the services of the Site, the Customer declares that he/she is of sound mind, that he/she has the legal capacity to contract and that he/she is not protected within the meaning of Article 425 et seq. of the French Civil Code, i.e. that he/she is not the subject of a legal protection procedure, or is under curatorship or guardianship.

The Customer may only access the services and his Account using the email and password used at the time of registration. In this context, he/she shall not communicate his/her data to any third party whatsoever and undertakes to protect and keep them secret. He undertakes to inform NICE GOURMET without delay of any compromise, loss or anomaly noted in his registration address and/or password.

The Client alone assumes the consequences of the disclosure of their password insofar as any access to the services is deemed to have been made by the Client.

NICE GOURMET reserves the right to refuse the registration of a Customer who does not agree to comply with the General Conditions or who does not provide all the information requested in full and/or in good faith.

At any time, including at the time of registration, NICE GOURMET reserves the discretionary right to remove certain information, modify, refuse or terminate the registration of a Customer.

NICE GOURMET reserves the right to control at any time the respect of the General Conditions by the Customers.

The non-respect of any of the stipulations of the present General Conditions automatically puts an end to the authorisation to use the Internet Site and the services offered therein.

Any violation of these General Conditions authorises NICE GOURMET to refuse to deliver its products to the author of the violation in question, without being held liable.

  1. REGISTRATION AND USE OF CUSTOMER ACCOUNTS2.1 General rulesThe Services are accessible to any Customer following online registration on the Site, subject to the provision of information for the creation of a Customer Account.This account is strictly personal and allows the Customer to identify himself before validating each Order.

    The Customer guarantees NICE GOURMET that he/she will only use the Site for lawful purposes.

    The registration form must be filled in correctly and completely. In this context, the Client enters the data that allows him/her to be identified under his/her full responsibility, control and direction and undertakes to provide only accurate, current and complete information, the accuracy, sincerity and reliability of which he/she guarantees at all times. The Customer undertakes not to impersonate any third party, nor to conceal or alter his or her age.

    The Customer undertakes to proceed without delay on the Site to any change in the information concerning them.

    2.2 Creation and use of the Customer Account

    The Customer’s registration is free and is carried out on the Website. It is concluded for an indefinite period.

    The Customer must provide the following information when registering: user name (email) and password. He may modify this information at any time. The Customer will be deemed to have registered upon receipt of a confirmation message by e-mail.

    The identifiers and passwords are personal and confidential. Although NICE GOURMET takes all the necessary precautions and undertakes to protect the personal data of its Customers, the Customer is informed of the need to keep his or her password secret and not to divulge it to a third party, for whatever reason.

    The Customer undertakes to use his account in a fair and correct manner. He is solely responsible for the use and management of his account, as well as for any activity carried out from it, including those carried out by third parties from his account.

    In the event of non-compliance by the Customer with these General Conditions, NICE GOURMET reserves the possibility of refusing access and/or closing the customer account definitively or temporarily, depending on the seriousness of the offending actions, without having to justify itself, without prior notice and without any possible compensation, including in the case of a purchase in progress or just completed.

    In this case, NICE GOURMET will send an email to the Customer concerned at the address communicated by the latter when creating his customer account informing him of the deactivation of his login and password and of the temporary or definitive closure of his account.

    The closing of the customer account may also take place at any time following the Customer’s first request sent by email to the following address: info@creationsls.fr.

    GENERAL OBLIGATIONS OF THE CUSTOMER

    The Customer undertakes in particular:

    – to access the Website diligently and in good faith;
    – not to copy, modify or alter all or part of the Website;
    – to make normal use of the Website, i.e. in accordance with its purpose;
    – not to use the Website for purposes other than the services offered on it, in particular commercial or advertising purposes
    – not to spread false news, unnecessarily alarmist information or rumours, whatever their degree of truth, which could cause harm to others;
    – to refrain from posting any message or photograph of a pornographic, racist or violent nature, contrary to the law or morality, inciting to commit an offence or more generally being able to harm third parties or NICE GOURMET;
    – to respect the rights of third parties and not to use text, photographs 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 people from the Site or promoting competing services;
    – refrain from collecting or gathering in any form and for any purpose whatsoever data, personal or not, including the names of customers;
    – guarantees NICE GOURMET against any direct or indirect damage linked to the posting and distribution of such information, data or images.

  2. PLACING ORDERS4.1 Prior informationThe contractual information is presented in French and English, and is the subject of a confirmation containing this contractual information at the latest at the time of validation of the order by the Customer.Upon receipt of orders, NICE GOURMET ensures the consistency of the data communicated.

    As part of its policy to fight against fraudulent payments, NICE GOURMET reserves the right to carry out any necessary investigation before the validation of an order. This may include in particular the request for proof of address or the request for the Customer’s bank branch details. When such a procedure is initiated, the validation of the order is suspended. If the order is not validated within 15 (fifteen) days, the order is cancelled and the sums paid are refunded. This period may be extended if documents are being exchanged between the Customer and NICE GOURMET.

    As a reminder, any Customer has the right to access, rectify and delete personal data concerning him/her and processed by NICE GOURMET by contacting the DPO.

    By electronic means: info@creationsls.fr

    By post: The personal data protection officer

    NICE GOURMET
    Zone Industrielle La Vallière – Building 11
    06730 St André de la Roche

    4.2 Product orders

    All orders imply an obligation to pay.

    In order to be able to place an Order for Products, the Customer may identify himself/herself with his/her login (email address) and password. For any first order, the Customer must follow the account creation procedure indicated on the Website.

    If the password is lost or forgotten, the Customer may request it again directly on the site. He will then receive his password on the email address he communicated at the time of the creation of his customer account.

    Placing an order requires that the Customer has an electronic mailbox for sending and receiving mail in good working order.

    The Customer must indicate his/her title, surname, first name, postal address and, optionally, his/her telephone number for parcel tracking. It is therefore up to the Customer to check the accuracy of the order. Any error must be reported immediately.

    It is up to the Customer to select on the website soccachips.com the Products he wishes to order, according to the following modalities: choice of the quantity, delivery address, billing address, selection of the payment method, validation.

    The contractual information is presented in French and English and is confirmed at the latest at the time of the validation of the order by the Customer.

4.3 Registration and validation of the order

The registration of an order on the soccachips.com website is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose “I have read the General Terms and Conditions of Sale and I adhere to them without reservation” and accepts them without exception or reservation and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.

Any order implies acceptance of these General Terms and Conditions of Sale, 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 check the accuracy of the order and to report any errors immediately.

Any order placed on the website soccachips.com constitutes the formation of a contract concluded at a distance between the Customer and NICE GOURMET.

It is only after validation of the full payment that NICE GOURMET sends the customer an email confirming the order.

Any order is subject to the prior acceptance of NICE GOURMET and is final and confirmed only after the Seller has sent to the Customer an email confirming the shipment of the order.

If the Customer does not receive any email following his order, it is up to him to contact the services of NICE GOURMET.

NICE GOURMET shall not be held responsible in the event of a data entry error or transmission of a data entry error attributable to the Customer and not allowing the delivery of the confirmation email and/or the Order.

NICE GOURMET reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the non-payment of one or more previous orders.

As from the Order, no modification at the request of the Client may be taken into account by NICE GOURMET, except with the prior written agreement of the latter. Furthermore, no cancellation may be requested by the Client from the time of the Order, unless the Client exercises its right of withdrawal under the conditions set out in article 12.

In certain cases, in particular in the event of non-payment, incorrect address or any other problem with the Client’s account, NICE GOURMET reserves the right to block the Client’s order until the problem is resolved.

For any question relating to the follow-up of an order, the Client must consult his client account on the Internet Site in “Order follow-up”. The contractual information will be confirmed by e-mail to the address indicated by the consumer on the order form.

  1. TERMS OF PAYMENTThe price corresponding to the Products is that stipulated in the Order.Prices are indicated on the Site in euros, including all taxes, but excluding shipping costs.They take into account VAT and any reductions applicable on the date of the Order.

    Any new taxes or contributions may be passed on to the sale price of the Products.

    The prices of the Products do not include delivery costs (postage, packaging, preparation of the package, etc.).

    The amount of the shipping costs is specified on the Site before the Order is validated.

    Payment for your orders is made in cash:

    – either on our site by credit card: CB, Visa, MasterCard ;
    – or by PayPal ;
    – or by cheque: this must be issued by a bank domiciled in metropolitan France or Monaco, payable to SAS NICE GOURMET; the cheque is cashed on receipt.

    In case of payment by cheque, no delay of payment is granted and the orders will not be sent until the payment has been received and cashed.

    The order is only definitive after full payment of the price and the costs associated with the order.

    The invoice is available directly on the customer’s account and sent by e-mail.

    Regardless of the method of payment chosen by the Client, NICE GOURMET shall not be obliged to deliver the Products ordered by the Client in the event that payment is not made or is refused by the Client’s bank. In such a case, the Order shall not be executed and, in the absence of payment by the Client within TEN (10) days, NICE GOURMET may unilaterally terminate the Contract.

    In order to avoid any risk of fraudulent payment, NICE GOURMET reserves the right to request any supporting document it deems necessary to verify the identity of the Client.

    Any Customer has a right of access, rectification and deletion of personal data concerning him/her and processed by NICE GOURMET.

    In any case, any complaint and/or anomaly, in particular concerning the invoicing, must be reported to the customer service within 10 working days from the appearance of the said anomaly. It is expressly agreed that after this period, any complaint transmitted by the customer will be declared inadmissible.

    AVAILABILITY OF PRODUCTS

    The products are offered for sale on the Site within the limits of the stocks available at the time the Customer places the order.

    As far as possible, information on the availability of products is communicated to the Customer at the time of ordering: item available; item not available. In case of unavailability of product after placing the order, NICE GOURMET will inform the Customer by e-mail or by telephone within 3 days – 72 hours (working days).

    The Customer may then request the cancellation of his order or the exchange of the missing product(s).

    In case of cancellation, the customer will be reimbursed within a maximum of thirty (30) days from the receipt of the reimbursement request.

    NICE GOURMET makes its best efforts to ensure that the presentation of the Products whose photographs are displayed on the site are faithful to the original Products. However, due to the way the Products are presented, 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 soccachips.com website are not contractual and do not engage the responsibility of the Seller.

  1. PROMOTIONAL CODESPromotional 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 the difference in the form of a one-time credit note with no validity period on the Website.The discount codes distributed by NICE GOURMET allowing you to benefit from offered products are valid within the limits of available stocks. The discount codes can be used until their expiry date.

    CONDITIONS OF VALIDITY OF THE OFFER

    The offers on the Site are valid as long as they appear online and 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 dispatched by “our order management partner”.

    The Products are supplied at the prices in force appearing on the website soccachips.com, at the time the order is registered by NICE GOURMET. The prices are expressed in Euros, including VAT. The prices take into account possible reductions that would be granted by NICE GOURMET on the website soccachips.com.

    PRICES

    The prices are firm and non revisable during their period of validity, as indicated on the website soccachips.com, NICE GOURMET reserves the right, outside this period of validity, to modify the prices at any time.

    They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website soccachips.com and calculated prior to the placing of the order.

    The price of the Products invoiced is therefore the one indicated at the time of the Order, and includes the costs indicated above.

    SPECIAL CASE OF ORDERS SENT TO THE EUROPEAN UNION

    The price is calculated including all taxes. These General Terms and Conditions of Sale do not apply to professionals.

    For professionals with an intra-community VAT number who wish to be exempt from VAT, they must contact NICE GOURMET beforehand, who will specify the procedure to follow:

    By email: info@creationsls.fr

    By telephone: 04 93 16 92 69.

    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.

    SPECIAL CASES OF ORDERS SENT OUTSIDE THE EUROPEAN UNION

    In the case of an order to a country other than metropolitan France, you are the importer of the product or products concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive 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 charged to the Customer and are his entire responsibility, both in terms of declarations and payments to the authorities and competent bodies of your country.

    The Customer is advised to inquire about these aspects with your local authorities, and also to inquire with these same authorities about possible import restrictions of the products you are considering ordering.

  1. DELIVERY OF THE PRODUCTSThe Products ordered by the Customer will be delivered in Metropolitan France (and Monaco) to the delivery address indicated by the Customer as soon as possible after receipt of full payment.Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.The delivery time and transport methods applicable to the Products are specified at the time of the Order. In addition, it is 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 shall be made by post by DPD Predict or Chronopost, Chronopost Europe, IMX, DHL or to a physical point by Mondial Relay.

    The Customer is hereby informed that it is his or her responsibility to provide all the details required for the proper routing of his or her Order and for perfect delivery (access code, access specification, etc.).

    If the Customer is absent at the time of home delivery, a notice will be sent to the Customer informing him/her of the methods of storing the parcel and making it available, under the sole responsibility of the carrier.

    To collect the order from a Mondial Relay point, the Customer must go to the opening hours of this Relay point and provide proof of identity as well as the order confirmation email or the email making the order available.

    The Customer has 14 calendar days from the date of receipt of the delivery notice or receipt of the Order at a Mondial Relay point to collect the Order. After these 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 be reimbursed the price paid for the Order, excluding shipping and delivery costs, within 2 to 5 days following the cancellation, as confirmed by e-mail.

    The Customer assumes entirely and exclusively the risk of loss or damage to the Products from the time of their delivery or collection from a Relay point.

    As the delivery is carried out by a third party service provider, the Customer acknowledges and accepts that NICE GOURMET cannot be held responsible if the non-performance or poor performance of this obligation is attributable to the fact of a third party to the contract or to a case of force majeure.

    Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.

    In the event of missing Products, loss or damage, the Customer must make all reservations at the time of receipt, with the carrier and on the delivery note.

    The Customer shall confirm, within twenty-four (24) hours of receipt of the Products, in writing to info@creationsls.fr or the site under the “contact us” tab, the reservations that he/she has made. In the event of a claim for damage, the claim must be accompanied by a photograph. After this period, the Products delivered shall be deemed to be in conformity and free of all 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 reimburse the Customer in the form of a credit note, or as far as possible depending on available stocks, to replace the Products. The costs incurred in this respect shall not be charged to the Client.

    The products available on the Website can only be delivered if they are not subject to any restriction or ban in the countries concerned by this delivery.

10.1 Delivery to mainland France

The cost varies according to the weight of your parcel, see the page “shipping costs” for all shipping rates.

10.2 Delivery to the European Union (outside mainland France) and Switzerland

Please refer to the “shipping costs” page for all shipping costs.

For more information, please contact NICE GOURMET.

10.3 Delivery outside the European Union

All deliveries outside the European Union are made by the carrier DHL with their EXPRESS service. Processing and shipping costs are calculated according to the weight of your order and the country of destination.

The Customer can at any time find out the amount of the processing and shipping costs by consulting his basket. It should also be noted that the order is invoiced exclusive of tax. Depending on the country, customs taxes may be required in addition to the delivery charge.

10.4 Delivery methods

The products are delivered to the delivery address that the Customer has indicated during the ordering process and only in the geographical areas served by NICE GOURMET.

As in any shipment, it is possible to suffer a delay or that the product gets lost.

In such a case, NICE GOURMET will contact the carrier to start an investigation. All efforts are made, as long as necessary, to find the package. If necessary, NICE GOURMET will be reimbursed by the carrier and will deliver a new identical parcel to the Customer at his expense.

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

Deliveries in France are made by DPD, IMX, DHL and Chronopost at home according to the service chosen when ordering. These service providers may change without affecting the quality of deliveries.

In case of payment by credit card, orders are shipped the day after their validation online. Orders validated on Fridays are dispatched the following Monday, except for exceptional opening on Saturdays in December. Orders validated on Saturday are shipped on Monday and orders validated on Sunday are shipped on Tuesday.

In case of payment by cheque, orders are shipped the day after the cheque has been cashed. For cheques received on Friday, orders are dispatched the following Monday after the cheque has been cashed.

FOR SHIPMENTS IN METROPOLITAN FRANCE

For shipments via DPD, Colissimo, IMX or DHL, the Customer will receive his or her package within 48 – 72 working hours following the date of shipment for all orders placed before 11:00 a.m. Monday to Friday.

For Chronopost shipments, the Customer will benefit from an express delivery service with the guarantee of receiving their package the next day, for all orders placed before 11am from Monday to Thursday. Chronopost departures are guaranteed on Monday, Tuesday, Wednesday and Thursday. No Chronopost departures on Friday. For shipments via MONDIAL RELAY, your order will be received within 72 to 96 working hours.

These times are for deliveries in Metropolitan France, on working days, excluding postal delivery problems and depending on product availability.

FOR SHIPMENTS TO OTHER COUNTRIES

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

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

The Customer Service of soccachips.com can provide you with any additional information as well as an estimate of the delivery time.

If you are not at home when the delivery person comes, a notice will be left in your mailbox. You can then collect your parcel from the branch indicated on the delivery note, provided you have an identity document and the delivery note.

10.5 Delivery problems due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of a “handwritten reserve”, accompanied by the customer’s signature.

At the same time, the Customer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days following the delivery date, setting out the said complaints.

The Customer must send a copy of this letter to :

NICE GOURMET
ESPACE LA VALLIÈRE- BÂT 11
ZI LA VALLIÈRE
06730 SAINT-ANDRÉ-DE-LA-ROCHE

If the above procedure is not followed, no exchange will be made.

10.6 Delivery errors

In the event of receipt of a non-compliant Product, and subject to the provisions of article 12, the Customer is authorised to return or exchange the non-compliant Product to NICE GOURMET within fourteen (14) days of receipt of the Product.

The Customer must make any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form to NICE GOURMET, on the same day of the delivery or at the latest on the first working day following the delivery.

After this period, any claim will be rejected. The formulation of this claim to NICE GOURMET can be made at the following address

NICE GOURMET
ESPACE LA VALLIÈRE- BÂT 11
ZI LA VALLIÈRE
06730 SAINT-ANDRÉ-DE-LA-ROCHE

Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release NICE GOURMET from any liability towards the Customer.

In case of delivery error, 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- BÂT 11
ZI LA VALLIÈRE
06730 SAINT-ANDRÉ-DE-LA-ROCHE

Each return implies the prior notification and acceptance of NICE GOURMET, without which the returned package would not be received by NICE GOURMET. NICE GOURMET will check the non-conformity of the Product which, if confirmed, will lead to a refund or an exchange for the benefit of the Customer.

The exchange will take place only after the control of the non-conformity of the Product.

The refund will be made to the bank account debited at the time of ordering the Product within thirty (30) days after receipt by NICE GOURMET of the non-compliant Product. This refund will also include the refund of the initial delivery costs if all the Products delivered are returned. If the entire order is not returned in its entirety, no refund of the initial delivery costs will be made.

The shipping costs are at the charge of NICE GOURMET, except in the case where the product does not correspond to the original declaration made by the Customer to justify the return.

Any risk linked to the return of the Product remains at the charge of the Customer.

10.7 Force majeure

Neither party shall have failed to fulfil its contractual obligations insofar as their performance is delayed, hindered or prevented by a fortuitous event of force majeure.

Force majeure shall be considered to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.

Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport, earthquake, fire, storm, flood, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the Clients, acts, decrees, legislation, regulations or restrictions of any government.

The party affected by such circumstances shall notify the other within three (3) working days of the date on which it becomes aware of them.

AGREEMENT OF PROOF

In accordance with article 1316-2 of the Civil Code, the Customers and NICE GOURMET intend to set, within the framework of electronic commerce services, the rules relating to the evidence admissible between them in the event of a dispute and to its evidential value.

NICE GOURMET and the Customers agree to accept that in case of litigation the e-mail addresses and passwords used within the framework of the Site and the Accounts as well as the exchanged e-mails, data and connection identifiers relating to actions carried out from their accounts, are admissible before the courts and are proof of the data and facts they contain.

NICE GOURMET and the Customers agree that in the event of a dispute, these documents, information and recordings will be proof of the date and content of the offer and the reservation and order, whatever the amount.

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

The computerized registers, kept in the computer systems of NICE GOURMET in reasonable conditions of security are considered as proof of the communications, orders and payments made between the parties.

The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

  1. RIGHT OF WITHDRAWALFor deliveries within the European Union, the Customer has the right to withdraw from the order without giving any reason. This withdrawal period expires fourteen (14) days from the day of receipt of the order.The right of withdrawal can only be exercised if the products have not been damaged. Products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be taken back. Any product that has been damaged or whose original packaging has been damaged will not be refunded or taken back.The Customer shall return or restitute the products at his own expense to NICE GOURMET, at the latest, within fourteen days following the communication of his decision to withdraw.

    The decision to withdraw must be communicated by any unambiguous statement, in particular by sending an email to info@creationsls.fr or by registered letter with acknowledgement of receipt to the following address

    NICE GOURMET
    ESPACE LA VALLIÈRE- BÂT 11
    ZI LA VALLIÈRE
    06730 SAINT-ANDRÉ-DE-LA-ROCHE

    In the event of a decision to withdraw by post, the Customer shall bear the costs relating to this postage.

    In the event that the withdrawal fulfils all of the above conditions, NICE GOURMET will reimburse the Customer for all sums paid, including delivery costs, without unjustified delay, within fourteen (14) days of receipt of the goods, using the same means of payment as that used for the initial transaction.

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

    The Customer is informed and acknowledges and accepts that NICE GOURMET distributes perishable foodstuffs with a minimum durability date (MDD). With regard to NICE GOURMET Products falling within the food category of perishable foodstuffs ordered on the Site, in accordance with the provisions of article L. 221-18 of the Consumer Code, and subject to the hypotheses referred to in article L.121-21-8.4° of the 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 a right of withdrawal for :

    – Products made to the Customer’s specifications or personalised at his request;
    – Products which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly;
    – Products that have been unsealed by the Customer after delivery and Products that cannot be returned for reasons of hygiene or health protection.

    LEGAL GUARANTEES

    NICE GOURMET guarantees respectively that the NICE GOURMET Products are in conformity with the use which is expected of them, and do not present any hidden defects or faults making them dangerous or unfit for their normal use. Thus, all the products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return, free of charge, the defective or non-compliant products delivered.

    13.1 Legal guarantee of conformity

    Article L.217-4 of the French Consumer Code states that “the seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also 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”.

    Article L217-5 of the Consumer Code states that: “The goods conform to the contract:

    1° If it is fit for the purpose usually expected of similar goods and, where applicable : – 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; – if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

    2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

    Article L217-12 of the Consumer Code states that “the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.

13.2 Guarantee against hidden defects

Article 1641 of the Civil Code provides that “the seller is bound by the warranty for hidden defects of 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 have given a lower price for it, if he had known about them”.

Article 1648 of the Civil Code states that “the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity”.

13.3 Exclusion of guarantees

Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The guarantee shall not apply to apparent defects. The guarantee will not cover products damaged during transport or due to incorrect use.

13.4 Terms and conditions for the implementation of legal guarantees

The legal guarantee of conformity applies independently of any commercial guarantee that may have been 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, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

For any request concerning the legal guarantees, the Customer must contact the Customer Service by email: info@creationsls.fr. These provisions are not exclusive of the right of withdrawal defined in article 12 above.

13.5 Consequences of the implementation of guarantees

Within the framework of the legal guarantee of conformity, NICE GOURMET undertakes, at the Customer’s choice, to

– either to replace the Product by an identical product depending on available stocks,
– or to reimburse the price of the Product, within a maximum of 30 days, if the replacement of a product proves impossible.

Within the framework of the legal guarantee for hidden defects, NICE GOURMET undertakes, at the Customer’s choice, after evaluation of the defect

– either to reimburse the full price of the returned product, within a maximum period of 30 days,
– or to reimburse a part of the price of the product, within a maximum period of 30 days, if the Customer decides to keep the product.

INTELLECTUAL PROPERTY

All the elements of the Website, including graphic design, brand name, domain name, database and data are protected by copyright, database producers’ rights and industrial property laws.

Any unauthorized use of the elements of the Website may constitute a violation of these laws. NICE GOURMET does not grant to the Customers any express or tacit right on software, patents, copyrights, database and data, trademarks, commercial secrets or others relating to the elements of the Website. Only a right of use on the elements of the Website, database and data is granted for the duration of the Customer’s registration.

Unless explicitly stated in the present General Conditions, no element of the Website may be reproduced in any form whatsoever and by any means whatsoever without the written authorisation of NICE GOURMET. In the same way, the Customer is forbidden :

– extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the Site onto another medium, by any means and in any form whatsoever;
– re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the Website, in any form whatsoever.
– Unless otherwise indicated, the Customer is authorised 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 a simple one, to the Website can only be done with the authorisation of NICE GOURMET, and under the condition that no confusion can exist in the minds of Internet users as to the identity of the aforementioned company or the origin of the information.

  1. PERSONAL DATANICE GOURMET only uses the information communicated in order to provide the Customer with the services offered on the Website.This information is necessary for NICE GOURMET to process and deliver the orders and to establish the 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 French Data Protection Act (available on the site www.cnil.fr) for all processing of personal data carried out in the context of the operation of the Site. In this respect, a simplified declaration has been duly made to the CNIL. See the legal notice.

    NICE GOURMET has implemented security measures to protect the personal information that the Customer provides against unauthorised access and use. All the financial information that the Customer provides on the Site is stored in the secure site of the financial institution chosen by NICE GOURMET.

    The transactions concluded on the Site are protected by an encryption process. The Customer is informed, however, that no data transmission on 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 personal data concerning them for the proper functioning of the Site.

    The personal data relating to the Customer transmitted and held by NICE GOURMET within the framework of its activity are in accordance with the positive law in force concerning personal data and cannot be disclosed without having obtained the prior consent of the Customer.

    In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer may obtain communication of their personal data, have them rectified, updated, deleted or oppose any use when they are inaccurate, incomplete or out of date.

    Cookies may be used to store or recall certain information such as the password or user name so that you do not have to enter this information each time you visit the Site. 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 on the Site may not be accessible to him/her if cookies are deactivated.

    To exercise these rights or if you have any questions about the processing of your data in this system, you can contact our Data Protection Officer:

    By e-mail: info@creationsls.fr

    By post: The personal data protection officer

    NICE GOURMET
    Zone Industrielle La Vallière – Building 11
    06730 St André de la Roche

  1. MISCELLANEOUSIf one or more stipulations of the General Conditions prove to be or become entirely or partially invalid, this will not affect the validity of the other stipulations of the General Conditions.The Clients are informed that the company NICE GOURMET may, in any case, freely cease to operate the Internet Site, to sell and/or to transfer it (them), without the Clients being able to claim any right.The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms of sale shall not be interpreted for the future as a waiver of the obligation in question.

    MEDIATION

    In the event of a dispute, the Customer must first contact the customer service department of the company NICE GOURMET by e-mail (info@creationsls.fr) or by post at (NICE GOURMET, ZI LA VALLIÈRE- BÂT 11, 06730 SAINT-ANDRÉ-DE-LA-ROCHE)

    The consumer may have recourse to a consumer mediator pursuant to Ordinance No. 2015-1033 of 20 August 2015 on the out-of-court settlement of consumer disputes.

    To submit his request for mediation, the Customer has a claim form accessible on the mediator’s website: http://www.mediateurfevad.fr/index.php/espace-consommateur/#formulaire-conso

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

    APPLICABLE LAW AND JURISDICTION

    The present General Conditions are subject to French law.

    The Customer may at any time consult their rights at the following addresses: www.legifrance.fr, www.cnil.fr

    Any dispute relating to the validity, interpretation, execution or non-execution of these General Terms and Conditions of Sale governing the relationship between NICE GOURMET and the Customer shall be submitted to the Court of the place where NICE GOURMET’s registered office is located, without prejudice to its right to take legal action against any person who has infringed its rights, before a court which would have jurisdiction in the absence of the above-mentioned clause.

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