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TERMS AND CONDITIONS OF SALE

    1. About us

    FRESHOPP SAS, a sociĂ©tĂ© par actions simplifiĂ©e (simplified joint stock company) with capital of 10,000 euros, headquartered at 982 AllĂ©e de Belgique, WANCOURT (62128), registered with the LILLE Trade and Companies Registry under number 918 865 361, represented by Mr Freddy BRAURE (hereinafter the“Company“). The Company markets the following products to its customers via Mobile Applications: Fresh and Frozen products.

    1. Preamble

    The Company invites Users to carefully read these General Terms and Conditions of Sale (hereinafter the “GTCS”). Placing an Order implies acceptance of the Terms and Conditions and the General Conditions of Use (GCU). The characteristics of the Products are indicated on the Application. It is the customer’s responsibility to take this into account before purchasing. The photographs and graphics presented on the Internet Application are not contractual.

    The Customer acknowledges having read and accepted them by ticking the appropriate box before placing an online Order.

    The GTS govern the conditions under which the Company sells its Products to its Professional and Consumer customers via Mobile Application.

    They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer’s general terms and conditions of purchase.

    They are systematically communicated to customers on request.

    In the event of subsequent modification of the GCS, the Customer is subject to the version in force at the time of his Order.

    1. Definitions

    “Customer” refers to the Consumer who has placed an Order for a Product sold on the Application;

    “Order” means any order placed by the User registered on the present Application;

    “General Sales Conditions” or“GSC” refers to the present general conditions of online sales;

    “Consumer” means the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity;

    “Products” refers to material things that can be appropriated and that are offered for sale on the present Application;

    “Application” refers to the Mobile Applications used by the customer to access Freshopp boxes.

    “Company” means Freshopp, as more fully described in Article I hereof; and

    “User” means any person who uses the Application.

    1. Registration

    Registration for the Application is open to all legal entities and individuals of full age and legal capacity.

    Use of the Application is subject to User registration. Registration is free of charge.

    To proceed with registration, the User must fill in all mandatory fields; otherwise registration cannot be completed.

    Users guarantee and declare on their honour that all information communicated on the Application, in particular when registering, is accurate and true. They undertake to update their personal information on the page dedicated to this information and available in their account.

    All registered Users have a login and password. The latter are strictly personal and confidential and may not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall under no circumstances be held liable for the impersonation of a User. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and rectify the situation.

    Each User, whether a legal entity or an individual, may only have one account on the Application.

    In the event of non-compliance with the GTC, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.

    Account deletion entails the permanent loss of all benefits and services acquired on the Application. However, any Orders placed and invoiced by the Application prior to account deletion will be processed under normal conditions.

    In the event of deletion of an account by the Company for breach of the duties and obligations set out in the GTC, the offending User is formally prohibited from re-registering on the Application directly, via another e-mail address or through an intermediary without the express authorization of the Company.

    1. Controls

    Orders can only be placed once the User has registered on the Application. The User can add Products to his virtual shopping cart when he is logged in to his account. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and complete his Order by pressing the “Order” button.

    The Customer must provide an address and a valid method of payment in order to finalize the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Application.

    Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as the relevant information concerning the collection of the Order. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.

    The Company may grant the Customer price reductions, discounts and rebates depending on the number of Products available on the Application ordered or the regularity of Orders, in accordance with the conditions set by the Company.

    1. Products and prices

    The Products covered by the GCS are those which appear on the Application and which are sold and shipped directly by the Company.

    The Products are described on the corresponding page within the Application and all their essential characteristics are mentioned. Sales are subject to availability. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product that is not in stock.

    When a registered User wishes to purchase a Product sold by the Company through the Application, the price indicated on the Product page corresponds to the price in euros, all taxes included (VAT), and takes into account applicable discounts in force on the day of the Order.

    Under no circumstances may a User demand the application of discounts that are no longer in effect on the date of the Order.

    1. Terms of payment

    Unless otherwise stipulated, all sales are payable in cash at the time the Order is placed.

    No compensation may be made by the Customer between penalties for delay in the supply of Products ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Application.

    1. Delivery

    Products are delivered exclusively in mainland France, by our refrigerated trucks parked in the various parking lots of our partner retailers.

    The Company undertakes to make every effort to deliver the Products as indicated on the order confirmation received by the Customer.

    Furthermore, the Company cannot be held liable for exceeding delivery deadlines:

    • for delays caused by reasons of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond its control,
    • for events attributable exclusively to the carrier responsible for delivery.

    1. Transfer of risk and ownership

    The Company retains ownership of the Products sold until full payment of the price by the Customer. It may therefore repossess said Products in the event of non-payment.

    1. Legal warranties

    Products sold on the Application are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

    Article L.217-4 of the French Consumer Code:
    “The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. “

    Article L.217-5 of the French Consumer Code:
    “The good conforms to the contract:
     1°If it is fit for the use usually expected of a similar good and, where appropriate :

    • if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
    • it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or 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 seller’s attention and accepted by the latter”.

    1. Modifications

    The Company reserves the right to modify the Application, the T&Cs and any delivery procedure or other component of the services provided by the Company through this Application.

    When an Order is placed, the User is subject to the stipulations of the General Terms and Conditions of Sale in force at the time the Order is placed.

    1. Liability

    The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Application, and although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Application unavailable in order to carry out any updating, improvement or maintenance operation.

    As previously mentioned herein, the Company shall in no event be liable for delays in delivery due to causes beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.

    1. Property intellectual

    The brand, logo and graphic charter of this Application are trademarks registered with the INPI and are intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation or reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.

    1. Jurisdiction clause

    The law governing the GCS is French law. Any dispute that may arise between the Company and a User during the performance of the present contract will be subject to an attempt at amicable resolution. Failing this, any disputes will be referred to the competent ordinary courts.

    1. Acceptance of T&Cs

    The Customer or User expressly accepts the GTC.
    The Customer declares that he is aware of them and waives the right to invoke any other document.

    The Consumer acknowledges having been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the French Consumer Code, and in particular :

    • the essential characteristics of the product;
    • the price of the Products ;
    • the date or deadline by which the Company undertakes to provide the Service;
    • information relating to the Company’s identity (postal address, telephone number, e-mail address);
    • Information on legal and contractual warranties and how to make use of them;
    • the possibility of resorting to conventional mediation in the event of a dispute.

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