- PREAMBLE
If you have any queries, please contact our Customer Service department directly:
– By e-mail to the following address: contact@freshopp.com
Access to this Service is subject to compliance with these Terms of Use. Any Internet user and/or User wishing to access the Service must have read these General Conditions of Use beforehand, and undertakes to respect them unreservedly. They therefore constitute a contract between the Service and the User. If the User does not wish to accept all or part of these General Conditions of Use, he/she is asked to refrain from using the Service.
- WHAT IS THE FRESHOPP CONCEPT?
Freshopp is a solution to food waste, offering products for sale at a reduced price because, for example, they are out-of-calibre, over-produced, limited editions or have not found their way into conventional distribution networks.
The products 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 required to report to the truck parked at the collection point on the day, at the time and at the address defined in the order confirmation (as specified below).
Freshopp and the User have a right of cancellation under the conditions set out below.
- 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 sponsorship program, i.e. :
- The call for massive sponsorship was launched on forums such as ;
- Self-sponsorship activity, which would take the form of subscribing to the Application under an email address different 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.
- HOW TO FIND PRODUCT INFORMATION
The User can find information about 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 about the contents of the box, the customer must contact Freshopp directly before ordering.
- HOW TO ORDER
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 the collection points near this location in the order of their proximity, starting with the nearest. Once the User has selected the collection point and the Product, they can place their order by clicking on “Order”.
The list is based solely on this geographic criterion. The User also has the option of filtering the results according to the nature of the Products or the urgency of saving some of them. Freshopp reserves the right to change these filter criteria at any time.
- HOW TO COLLECT YOUR ORDER
Freshopp orders are delivered exclusively by refrigerated truck parked in one of our partner retail parking lots.
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 opper (Freshopp driver) present at the collection point. The opper will then hand over the product(s) ordered.
It is the User’s responsibility to ensure that the order confirmation in the application can be displayed at the time of order collection. It is the User’s responsibility to ensure that the number of products distributed corresponds to their 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 show up 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.
- CAN I CANCEL AN ORDER?
Given that the Products are perishable and that Freshopp’s concept is to avoid wasting them, the User may only cancel the order up to four days before the day on which the order is to be collected.
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.
- PRICE
All prices are quoted in euros and include applicable VAT.
Any crossed-out price indicated on the application enables 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 as they are offered commercially.
- PAYMENT
Payment can be made by any of the payment methods available on the Freshopp 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.
- 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.
- CAN WE LEAVE A REVIEW?
Once the order has been collected, the User can rate the Products or the Freshopp application 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 opinions it provides to the Application.
- WHAT ABOUT YOUR DATA?
When you visit the Freshopp Application, your data may be processed electronically. Please refer to our Privacy Policy.
- RESPONSIBILITY
Freshopp guarantees the quality and traceability of the products it sells. All products purchased must be consumed according to the instructions on the product label. In the case of fresh Products, these may be frozen. Freshopp assumes no responsibility for any adverse 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 or thawing of the Products.
Freshopp is not responsible for any third-party fault that may occur at the collection point 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 reasonable control. Such circumstances may include, but are not limited to, disruptions in the operation of Freshopp due to legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lock-outs and natural disasters.
- 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.