TERMS AND CONDITIONS OF USE

2. WHAT IS THE CONCEPT FRESHOPP ?

Freshopp is a solution to food waste that offers products for sale in the form of boxes at a reduced price, for reasons such as oversized, overproduction, limited editions or products that have not found their way into conventional distribution networks.

The boxes presented on the application can be ordered by the User under the conditions defined below.

Once the order has been placed, we send the User an order confirmation under the conditions defined below.

Once the order has been placed, the User is obliged to go to the collection point on the day and at the time defined in the order confirmation (as specified below).

Freshopp and the User have a right of cancellation under the conditions set out below.

3. HOW TO BECOME A FRESHOPPER

To become a member and access our offers, you need to download the application and create your personal account.

Your account allows you to :

– access to our offers;

– consult, modify and update your personal information such as your means of payment;

– track your current orders;

– subscribe to and unsubscribe from the newsletter or the Application by filling in the unsubscribe form available on the Application.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or other equipment. As such, you acknowledge that you are responsible for all activities that occur under your account.

You agree to create and use only one account. Otherwise, in the event of the creation and/or use of multiple accounts, we reserve the right to close/suspend fraudulent accounts and cancel your current orders. We also reserve this right in the event of fraudulent use of our benefits and/or our sponsorship program, i.e. :

– The call for massive sponsorship was launched on forums such as ;

– Self-sponsorship activity, which takes the form of subscribing to the Application under a different email address from the one under which the Member is already registered, in order to carry out a fictitious sponsorship and benefit from its advantages.

By accepting these conditions, the User agrees that all information relating to and necessary for the use of the Application will be retained by Freshopp for a period of 3 years in accordance with Freshopp’s privacy policy.

He also agrees to receive e-mails and notifications or SMS relating to any orders he may have placed. Freshopp requires this authorization to ensure that the User receives all essential notifications relating to his/her order.

Freshopp reserves the right to revise and amend the conditions at its own discretion. Orders will be subject to the conditions applicable at the time they are placed by the User.

4. HOW TO FIND PRODUCT INFORMATION PRODUCTS ?

The User can find information on the Products and a description of the products directly on the Freshopp application, in case of doubt concerning allergens, the contents of a dish or any other information on the contents of the box the customer must contact Freshopp directly before ordering.

5. COMMTO ORDER YOUR BOX ?

A list of collection points can be found on the application when the User has entered an address or authorized its geolocation. The list displays pick-up points near this location in order of proximity, starting with the nearest. Once the User has selected the collection point and the Product, he will be able to place his order by clicking on “Order”.

The list is based solely on this geographic criterion. The User can also filter the results according to the nature of the Products contained in the boxes or the urgency of saving certain boxes. Freshopp reserves the right to change these filter criteria at any time.

6. HOW TO GET YOUR BOX BACK

Freshopp boxes are delivered exclusively to collection points.

Products ordered via the application must be collected by the User from the collection point address indicated on the application. The day and time of collection are indicated on the application and on the order confirmation.

The order confirmation and its QR code must be saved by the User. The confirmation will contain information concerning the order placed by the User.

When the User collects his order, he must present his order confirmation containing the QR code directly to the staff at the collection point. The latter will hand over the box(es) ordered.

It is the User’s responsibility to ensure that the order confirmation in the application can be displayed at the time of collection. It is the User’s responsibility to ensure that the number of boxes distributed corresponds to his order.

By placing an order, the User undertakes to go to the collection point on the day and during the time slot indicated on the order confirmation.

If the User does not arrive at the collection point on the day in question during the hours reserved for collection and has not exercised his/her right of cancellation under the conditions set out below, the amount of the order will be deducted from him/her and the User will not be entitled to any reimbursement.

7. CAN AN ORDER BE CANCELLED?

As the Products are perishable and Freshopp’s concept is to avoid wasting them, the User can only cancel the order up to four days before the collection day.

The User must inform Freshopp of his decision to use his right of cancellation via the complaints link on the application. If the User cancels his order outside the conditions stipulated in this clause, he will not be entitled to a refund.

Freshopp reserves the right to cancel an order in the event of force majeure related to products and/or transport. The customer will be immediately notified by email and Freshopp will then proceed with the refund of the order.

8. PRICE

All prices are quoted in euros and include applicable VAT.

Any crossed-out price indicated on the application allows you to identify the discount applied and corresponds to the total amount of the prices initially recommended by the brands or producers of the Products contained in the box as they are offered commercially.

9. PAYMENT

Payment can be made by any of the payment methods available on the application.

When using a credit or debit card, the User must enter the card number, expiry date and security code when placing an order.

The purchase price of the Products is debited from the User’s account when the order is placed (depending on the payment method chosen). If the order is cancelled in accordance with these Conditions, the amount will be cancelled or refunded.

Payment by debit or credit card on the application is secure and certified by the card issuer. All payments are made via an encrypted Internet connection.

Freshopp does not store any debit or credit card information. This information is processed by payment service providers. However, this information may be retained by payment service providers.

By accepting these conditions, the User accepts the method of payment described above and acknowledges and agrees that Freshopp shall not be liable to the User in respect of the foregoing.

10. WHAT ABOUT COMPLAINTS AND THE RIGHT OF WITHDRAWAL? ?

In the event of a complaint concerning a Product or an order, the User must address his complaint to Freshopp’s Customer Service before taking any other action. Freshopp handles all claims in the manner Freshopp deems most appropriate. Freshopp’s assessment is purely discretionary. The User will receive a response from Freshopp within 7 working days.

If the User is not satisfied with Freshopp’s response, he may submit a complaint to the relevant consumer protection authority.

In the case of perishable foodstuffs, the right of withdrawal cannot be exercised.

11. CAN WE LEAVE A COMMENT?

After collection, the User can rate the collection point where they collected their box and the Products themselves by giving them a rating from one to five stars, and can also add a comment.

Reviews are collected by Freshopp and are not published individually on the Application.

There may be a delay of 3 days between the filing of the notice and its posting on the Application. Reviews are kept and accounted for without time limit.

Freshopp reserves the right to delete or modify at any time the notices published, uploaded or transmitted on the Application in the event that the notice or comment is deemed fraudulent or violates one or more of the prohibitions mentioned below but not limited to:

– contain defamatory, obscene or offensive material;

– promote violence or discrimination ;

– infringe the intellectual property rights of any other person or entity;

– violate any legal obligation to a third party (for example, an obligation of confidentiality);

– promote illegal activities or invade the privacy of others;

– give the impression that they come from Freshopp ;

– be used to impersonate another person or to misrepresent your affiliation with another person.

The User will not receive any remuneration or benefits for the advice he provides to the Application.

12. WHAT ABOUT YOUR DATA?

When you visit the Freshopp Application, your data may be processed electronically. Please refer to our Privacy Policy.

13. RESPONSIBILITY

Freshopp guarantees the quality and traceability of the products contained in the boxes offered for sale. All boxes purchased must be consumed immediately after removal and/or according to the instructions on the product label. The contents of the boxes being fresh Products, these Products can be frozen. Freshopp assumes no responsibility for the undesirable effects of the Products in the event of consumption not in accordance with the labelling or failure to comply with health regulations in the event of freezing of the Products.

Freshopp is not responsible for any fault of third parties that may occur at the point of withdrawal or for any interruption in the accessibility of the Application that is not attributable to Freshopp.

Freshopp shall not be liable for any failure or non-compliance with its Services if such failure or non-compliance is caused by circumstances beyond its control. Such circumstances may include, but are not limited to, disruptions to Freshopp’s operations due to legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.

14. APPLICABLE LAW

These GCU govern the relationship between Freshopp, Internet users and Users as of the date of their publication online and are subject in all their provisions to French law.