General Terms and Conditions of Online Sales www.privatechefsmarket.com
Preamble
The Seller specializes in the sale of food products and beverages. The Seller primarily markets these goods online through its website. The list of Goods offered for sale online by the Seller can be viewed on the website at the following address: http://www.privatechefsmarket.com. The photos of the Goods for sale on the website are not contractually binding. The Seller will make every effort to ensure that the photographic representation of the Goods on the website is as accurate as possible to the actual Goods. However, given the digital presentation of the Goods on the Internet, and the nature of certain food products (perishable items), it is possible that the Customer's perception of the photographic representation of the Goods may not exactly match the actual Goods.
Article 1 - Definitions
The terms and expressions mentioned below, when preceded by a capital letter, whether used in the singular or plural, have the following meaning for the purposes of interpreting and executing these terms and conditions: "Goods": any product offered for sale on the Site; "Order": request for Goods by the Customer from the Seller; "General Terms and Conditions of Sale": the general terms and conditions of sale that are the subject of these terms and conditions; "Availability Period": the period between the date of validation of the Order and the date of availability of the Order at a Delivery Point; "Availability Fees": the cost of the fees incurred by the Seller to deliver the Order to a Delivery Point; "Availability": the shipment of the Good to a Delivery Point; "Price": the unit value of a Good; this value is understood to include all taxes and Availability Fees; "Site": the online sales website http://www.privatechefsmarket.com used by the Seller to market its Goods; "Seller": the company KAIROS HOSPITALITY & TRADING, 23 La Hautière, 22210 La Prénessaye, registered in the Trade and Companies Register of Saint-Brieuc under the SIRET number 97829626700013, Email: info@kairoshospitalitytrading.com, open Monday to Friday from 8:00 am to 6:00 pm. "Online Sales": the sale of the Seller's Goods through the Site.
Article 2 - Purpose
The purpose of the General Terms and Conditions of Sale is to define the rights and obligations of the Seller and the Customer in the context of the Online Sale of Goods offered for sale by the Seller to the Customer.
Article 3 - Scope of Application
The General Terms and Conditions of Sale are reserved exclusively for consumers, as defined by French law and jurisprudence, acting solely on their own behalf. In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics, Prices of Goods sold electronically, and the date or deadline by which the Seller commits to making the Goods available are available on the Site.
Article 4 - Effective Date and Duration
The General Terms and Conditions of Sale apply to all sales of Goods by the Seller through the Site. The Customer declares that they have read the General Terms and Conditions of Sale before validating the Order. The validation of the Order constitutes acceptance without reservation of the General Terms and Conditions of Sale. The General Terms and Conditions of Sale apply to Orders placed with the intention of making the Goods available at Delivery Points. The Seller reserves the right to adapt or modify the General Terms and Conditions of Sale at any time. In the event of modification, the General Terms and Conditions of Sale in effect on the day of the Order will apply to each Order. The General Terms and Conditions of Sale apply for the duration necessary to make the Goods available, until the expiry of the warranties and obligations owed by the Seller.
Article 5 - Ordering Goods and Steps for Concluding the Online Sale
To place an Order, the Customer must follow the following steps: 1. Enter the Site address: http://www.privatechefsmarket.com; 2. Follow the Site instructions; 3. Select a Good by clicking on "Add to my order"; 4. Click on "Order" if you wish to finalize your Order or "Continue shopping" if you wish to select one or more additional Goods to add to your Order; 5. Click on "Order" when you wish to finalize your Order; 6. Check the Order details and, if necessary, identify and correct any errors; 7. Validate the Order and the Price; 8. Read and accept the General Terms and Conditions of Sale; 9. Fill out the Order form. In case of prolonged inactivity during the connection, it is possible that the selection of Goods chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume their selection of Goods from the beginning; 10. Follow the instructions of the online payment server to pay for the Order. The Customer will then receive electronically and without delay a confirmation of payment acceptance for the Order. The Customer will also receive electronically and without delay an acknowledgment of receipt constituting confirmation of the Order (the "Order Confirmation"). The availability of the Order will take place at the address of the Delivery Point chosen by the Customer when placing the Order. The Seller undertakes to honor the Order only within the limits of available stocks of Goods. If the Goods are unavailable, the Seller undertakes to inform the Customer by email. In accordance with the provisions of Article L.216-2 of the Consumer Code, in case of unavailability of the Goods, the Customer then has the option to be refunded the Price of the Goods ordered within 14 days following their request sent by: • email to the following address info@privatechefsmarket.com or • postal mail to the following address: 23, La Hautière, 22210 La Prénessaye. In accordance with Article L. 121-6 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, made in bad faith, or for any other legitimate reason, particularly when there is a dispute with the Customer regarding the payment of a previous order.
Article 6 - Price of Goods and Conditions of Validity
The Price of Goods sold on the Site is indicated per item and reference. At the time of Order validation, the Price to be paid includes the total amount of VAT and delivery fees up to the Delivery Point. Payments are in Euros. The telecommunication costs inherent to accessing the Site remain the exclusive responsibility of the Customer. The validity period of offers and Prices is determined by the Site update.
Article 7 - Payment Terms
Payment of the Price by the Customer is made through a bank transfer. The Seller implements all means to ensure the confidentiality and security of the data transmitted on the Site.
Article 8 - Availability of the Order
8.1. Availability
The Seller makes the Order available at the Delivery Point chosen by the Customer when placing the order.
8.2. Availability Fees
The amount of the Availability Fees for the Order is free if the customer collects their merchandise from our warehouses, Exw Rungis or SEAFRIGO, 15 rue des Alouettes, 94320 Thiais.
8.3. Availability Period
The availability period for the Order is specified on the Site and may vary depending on the date of the Order.
8.4. Delay in Availability
In case of a delay in the availability of the Order, the Customer has the option to cancel their Order if the availability of the Order has not occurred at the latest four working days after the date of availability indicated by the Seller, unless the delay in Delivery is due to the delivery company or a force majeure event as defined by the jurisprudence of French courts. To do this, the Customer must send their request to cancel their Order in writing to the Seller:
- by email to the following address info@privatechefsmarket.com;
- by postal mail to the following address: 23, La Hautière, 22210 La Prénessaye.
Within fourteen working days following receipt by the Seller of the Customer's cancellation request, the Seller must refund the Customer the full Price paid. If the Order has already been shipped upon receipt by the Seller of the Customer's cancellation notice, the cancellation request will not be accepted. No refund can be claimed.
8.5. Partial Availability
The Customer will be informed by email of the partial availability of an Order. A second email will inform them of the availability of the other Goods ordered.
8.6. Verification of the Order upon Receipt
The Customer is required to check the condition of the packaging and the Goods upon receipt or collection of the Order at the Delivery Point. It is the Customer's responsibility to make any necessary reservations and claims, or even refuse the collection of the Order, if the Goods and/or their packaging are visibly damaged at the time of collection. Such reservations and claims must be sent to the Seller by registered letter with acknowledgment of receipt within three working days, excluding holidays, following the date of collection of the Goods or submitted on-site at the Delivery Point.
The Customer must ensure that the Goods made available to them correspond to the Order. In case of non-conformity of the Goods in nature or quality to the specifications mentioned in the Order Confirmation, the Customer must, within 24 hours following receipt of the order:
- inform the Seller by email at the following address: info@privatechefsmarket.com
- and return the Goods to the Delivery Point where they collected the Goods.
Article 9 - Right of Withdrawal
Regarding grocery products
The Customer has a right of withdrawal for non-perishable Goods, i.e., for non-food Goods and those with a minimum durability date ("DDM"), such as oils or preserves. The Customer can exercise their right of withdrawal within seven calendar days following the date of collection of the Order. If this period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day. The Customer who wishes to exercise their right of withdrawal must return the Goods within the aforementioned period, in their original packaging, complete, and new. The depreciation of the returned Goods due to unnecessary handling by the Customer will incur liability to the extent of the damage suffered by the Seller due to the depreciation of the Goods. Prior to any return of a Good, the Customer must notify the Seller of their intention to withdraw:
- either by sending an email to the Seller at the following address: info@privatechefsmarket.com
- or by returning the completed and signed withdrawal form by registered letter with acknowledgment of receipt to the following address: 23, La Hautière, 22210 La Prénessaye.
Withdrawal Form: To the attention of PRIVATE CHEFS MARKET I/we () hereby notify you of my/our () withdrawal from the contract relating to the sale of the Good(s) below: Ordered on ()/collected on (): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: (*) Delete as appropriate.
Regarding products, for any complaint concerning a quality issue observed within 24 hours following receipt of the order, the customer must:
- Take a photo of the defective product
- Send your photo, your order number, and your contact details to info@privatechefsmarket.com
9.1 Return of Goods
The 14-day withdrawal period does not apply to contracts for the supply of perishable, agri-food products, such as those sold by the Site (Article L221-28 of the Consumer Code). Therefore, the Customer cannot invoke it.
However, and to the extent possible, a modification or cancellation by the Customer may be considered as long as the package is being prepared and has not yet been handed over to the carrier. This possibility is evaluated on a case-by-case basis. In the event of cancellation, the Customer will be refunded for their order.
On the other hand, once the package has been dispatched by mail or courier, no modification or cancellation can be considered, and the price paid will not be refunded.
9.2 Return Costs and Refund
9.2.1 Return Costs
The return costs for the Goods are the responsibility of the Customer. The transport of the returned Goods is the responsibility of the Customer.
9.2.2 Refund
The return of all Goods ordered subject to the right of withdrawal will result in a refund equal to the total amount paid by the Customer, i.e., the purchase Price of the purchased Good(s). The refund to the Customer will be made by any means of payment within fourteen days from the receipt by the Seller of the Customer's request to exercise the right of withdrawal. However, in accordance with the second paragraph of Article L. 221-24 of the Consumer Code, this refund period is deferred until the Seller has recovered the Good or until the Customer has provided proof of shipment of the Good concerned. Proof of shipment of the Good is understood to mean any means that allows justifying without possible contestation the shipment of the Good concerned to the Delivery Point.
Article 10 - Warranty
The Seller is subject to the legal warranty conditions provided for in Articles L. 217-4 and following of the Consumer Code and Articles 1641 and 1648 of the Civil Code: Art. L. 217-4 of the Consumer Code: "The seller is required to deliver a good in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when it has been made his responsibility by the contract or has been carried out under his responsibility." Art. L. 217-5 of the Consumer Code: "To be in conformity with the contract, the good must:
1° Be fit for the purpose usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer, or by his representative, particularly in advertising or labeling;
2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge, and which the seller has accepted." Article L. 217-7 Consumer Code: "The defects in conformity that appear within six months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the good or the invoked defect of conformity." Article L. 217-9 Consumer Code: "In the event of a defect in conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost in relation to the other method, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer." Article L. 217-10 Consumer Code: "If repair and replacement of the good are impossible, the buyer can return the good and get the price refunded or keep the good and get a portion of the price refunded. The same option is available: If the requested, proposed, or agreed-upon solution pursuant to Article L.211-9 cannot be implemented within one month following the buyer's claim; Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the good and the use he seeks. The resolution of the sale cannot, however, be pronounced if the defect of conformity is minor." Art. L. 217-12 of the Consumer Code: "The action resulting from the defect of conformity is prescribed by two years from the delivery of the good." Art. 1641 of the Civil Code: "The seller is liable for hidden defects of the sold good that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known them." Art. 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be introduced, under penalty of foreclosure, within one year from the date on which the seller can be discharged of apparent defects or defects of conformity."
Article 11 - Data Confidentiality
The information requested from the Customer is necessary for processing the Order. In the event that the Customer agrees to communicate individual personal data, they have an individual right of access, withdrawal, and rectification of this data under the conditions provided by Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms.
The Customer must send any written request:
- either by sending an email to the Seller at the following address info@privatechefsmarket.com;
- or by postal mail to the following address: 23, La Hautière, 22210 La Prénessaye.
Article 12 - Force Majeure
The execution by the Seller of its obligations under the General Terms and Conditions of Sale will be suspended in the event of a fortuitous case or force majeure that hinders or delays its execution. The Seller will inform the Customer of the occurrence of such a fortuitous case or force majeure within fifteen days from the date of occurrence of the event. When the suspension of the Seller's obligations continues for a period exceeding one month, the Customer has the option to terminate the ongoing Order, and the Seller will then proceed with the refund of the Order under the conditions referred to in Article 8.5 above.
Article 13 - Nullity of a Clause of the General Terms and Conditions of Sale
If any provision of the General Terms and Conditions of Sale is annulled, this nullity would not result in the nullity of the other provisions of the General Terms and Conditions of Sale, which will remain in effect between the Seller and the Customer.
Article 14 - Non-Waiver
The fact that the Seller does not invoke an engagement of the Customer to any of the obligations mentioned herein shall not be interpreted as a waiver of the obligation in question for the future.
Article 15 – Complaints, Amicable Dispute Resolution, and Jurisdiction
Under Article L. 612-1 of the Consumer Code, "Every consumer has the right to resort free of charge to a consumer mediator with a view to amicably resolving the dispute between them and a professional." The disputes falling within the scope of Article L. 612-1 of the Consumer Code are those defined in Article L. 611-1 of the Consumer Code, namely contractual disputes concerning the execution of a sales contract, opposing a consumer to a professional. The text covers both national and cross-border disputes. For any difficulty, we invite you to contact us beforehand:
- either by sending an email to the Seller at the following address: info@privatechefsmarket.com;
- or by postal mail to the following address: 23, La Hautière, 22210 La Prénessaye.
In the absence of an amicable resolution of a dispute, French courts will have jurisdiction. In all cases, you may, at your expense, be assisted by counsel.
Complaint
In case of non-conformity between the Delivered Products and the Ordered Products, as described in the detailed Delivery Note, the Customer may:
- declare the missing Products at the validation of the detailed Delivery Note; and/or file a complaint with Customer Service. info@privatechefsmarket.com
- In this case, the Customer agrees to keep the Product under the conditions necessary for its inspection and possible resale by PRIVATE CHEFS MARKET.
To be validated and subject to a refund, the complaint must:
- concern a Delivered Product, complete and in its original packaging,
- be made via the Customer Account on the day of delivery before 5:00 pm,
- be accompanied by a photo showing, visibly and indisputably, the non-conformity,
- concern more than 10% of the Delivered Product,
- concern a non-conformity existing at the time of delivery and not resulting from storage conditions and/or manipulations carried out by the Customer.
- In case of a Delivered Product with a fixed weight lower than the Ordered Product, only a difference of more or less than 10% may be the subject of a complaint.
- Similarly, in the case of a total weight of the Delivered Product not conforming to the total weight of the Ordered Product, only a difference of more or less than 20% may be the subject of a complaint.
Article 16 - Responsibility of PRIVATE CHEFS MARKET
www.privatechefsmarket.com disclaims all responsibility, civil or criminal, that may result from improper use of the marketed products or for damages for which the responsibility would fall on the supplier of the incriminated product.
www.privatechefsmarket.com reserves the right to withdraw or modify any content published on its website for legal or technical reasons.
Article 17 - Applicable Law - Disputes
This contract is subject to French law. The language of this contract is French.
Article 18 - Right of Access and Rectification
You have a right of access and rectification to all data concerning you in accordance with the rights defined by the National Commission for Information Technology and Civil Liberties (CNIL).
Users of the site www.privatechefsmarket.com are also informed that www.privatechefsmarket.com transmits non-personal data to an authorized Third Party (Google, Criteo, Prestashop…) through the use of third-party cookies for the purpose of collecting and using navigation data from users of the site www.privatechefsmarket.com.
These authorized third parties use the browsing data of users of the site www.privatechefsmarket.com in accordance with the provisions of the Data Protection Act amended by the law of August 6, 2004, and in accordance with its Privacy Policy (https://www.criteo.com/fr/privacy/).
Article 19 - Intellectual Property
All elements of the websites of www.privatechefsmarket.com are and remain the exclusive intellectual property of www.privatechefsmarket.com. No one is authorized to reproduce, exploit, disseminate, or use in any capacity, even partially, elements of the site, whether software, visual, or audio.
Any simple or hypertext link is strictly prohibited without the written agreement of the company PRIVATE CHEFS MARKET.
Article 20 - Product Reviews
Visitors to the site www.privatechefsmarket.com can leave reviews on the products of the site provided they have a customer account. The reviews left on the site are written voluntarily without financial compensation for each review posted. Reviews are moderated before publication on the site to ensure they do not contain any messages contrary to French laws (racial slurs, etc.). Only reviews concerning products are published; messages about the shopping experience on the site or promoting other products or brands are excluded. Product reviews consisting of a rating of 1 to 5 stars and a comment are published on the site accompanied by the first name and the first letter of the surname of the customer account that posted the review, as well as the publication date and an indication of whether the person who posted the review also purchased the product on www.privatechefsmarket.com with the information "Verified Purchase." Reviews are published for a period of 10 years. At any time, the author of a review can request that www.privatechefsmarket.com modify or delete their review. This right can be exercised by sending an email to info@privatechefsmarket.com. Requests are processed within 30 working days.