Terms of Sales - Les Terroirs Du Chef

Purchase Terms and Conditions – Sale to Individuals

Reminder relating to the purchase of alcoholic beverages: alcohol abuse is dangerous for health. To consume in moderation. Drink responsibly.

1 – Entire agreement

The present Terms and Conditions of Purchase (the « Purchase T&Cs ») govern and regulate the relationship between:

A.S LES TERROIRS DU CHEF, a French « société par actions simplifiées », whose share capital is 50,000 Euros, whose registered address is 36, avenue Jean LANNES, 32700 LECTOURE, FRANCE, registration company number 838 196 947. E-mail: contact@lesterroirsduchef.com (« Les Terroirs du Chef » or the « Seller»), and
Any physical person having created an account on the Site and having placed an order of goods or products sold by the Seller (the “Purchaser”),

The Seller and the Purchaser thereafter being individually referred to as the “Party” or together as the “Parties”.

These Purchase T&Cs contain the entire contractual obligations of the Parties.

These Purchase T&Cs prevail on any other document, in particular on general sale and purchase terms and conditions. They apply to all product purchase carried out by the Purchaser on the dedicated website that is edited and operated by the Seller and whose URL address is https://lesterroirsduchef.com/ (the “Site”), without any restriction or limitation.

Any order of products made on the Site will be deemed to have been made with the Purchaser’s unreserved consent to all general terms and conditions applicable to sales and purchases.

The Seller and the Purchaser agree that these Purchase T&Cs are the exclusive rules governing their relationship, notwithstanding any other document, catalogue, leaflet or photo.

The Seller shall be entitled to modify these Purchase T&Cs at any time. In such case, the applicable Purchase T&Cs are those available on the Site at the time the order is made.

Should a legal term be missing, unless the Parties have negotiated and agreed a specific term or condition, the applicable rules will be all laws and customs of web order applicable to online sale businesses whose headquarter is located in France.

2 – Content

The current Purchase T&Cs govern the rights and obligations of the Parties when products offered by the Seller are sold to the Purchaser online.

The Purchaser acknowledges and agrees to these Purchase T&Cs before placing his/her order. These Purchase T&Cs are enforceable against the Purchaser in accordance with Article 1119 of the French Civil Code.

3 – Pre-contractual information

3.1. The Purchaser acknowledges that he/she has been informed of these Purchase T&Cs and all legal information required prior to placing his/her order and prior to entering into a contract, in a legible and understandable format.

3.2. The following information is made available to the Purchaser in a clear and understandable manner:

the product’s key essential characteristics;
the product’s price;
any and all additional fees relating to shipping, delivery or postage and all other additional fees (if any). Where additional fees cannot reasonably be calculated in advance due to, for instance, the place of delivery or the type of shipping method required, the Purchaser acknowledges and agrees that such additional fees may nevertheless be incurred and due; and
the date or period of time the Seller undertakes to deliver the goods, whatever the price.

3.3. The Seller will provide the Purchaser with the following information:

its name or business name, the address of the business premises, and if it not the same, the address of its registered headquarters, its telephone number and e-mail address;
the terms of payment, conditions of delivery and contract performance, together with the complaints and claims handling procedure;
all applicable warranties to sale of goods and their implementation; and
the right of access to the consumer ombudsman.

4 – Placing an order

4.1. Products

All products offered by the Seller are set out on the Site.
All products are available for purchase when they are available on the Site, within the limits of available stock.
Any product modification and/or adjustment will be notified on the Site.

4.2. Placing an order

Before placing an order, the Purchaser is invited to create a client account on the Site, in accordance with the T&Cs for Site Use.

The Purchaser must comply with the following conditions to order products:

When adding products to the basket, the Purchaser must select the quantity of items he/she wishes to purchase.

From his/her client account, the Purchase can check the summary of the items he/she wishes to order and the total price of the order. He/she will also be informed of -:

the total order amount, including delivery fees and payment terms; and
the anticipated time of delivery and conditions of delivery that are relevant to the products ordered by the Purchaser.

The Purchaser shall be responsible for checking the absence of any error, prior to validating his/her order by clicking on the button “Confirm the order”.

The Purchaser shall then either enter or confirm (as relevant) the following information:

Last name, first name;
Business name, if relevant;
Postal address ;
E-mail address;
Telephone number ;
Delivery address (if different from the invoicing address).

The Purchaser shall then provide all required information with regard to the type of payment method he/she chooses to use.

Then, prior to clicking on the button “Place the order”, which will validate the final order and the payment, the Purchaser is entitled to return to previous pages to correct any error.

It is then that the Purchaser shall confirm that he/she has read and accepted the Purchase T&Cs.

Once the order has been validated, the Seller will send an e-mail to the Purchaser confirming the order. The e-mail message will also confirm the shipping and delivery methods of the order.

The purchase will be deemed firm and definitive:

Further to the Seller having sent an order confirmation e-mail to the Purchaser; and
Further to the Seller having received the entirety of the price and associated fees.

The Purchaser will be able to follow the progress of his/her order on the Site from his/her client account.

All orders are deemed to contain the Purchaser’s full acknowledgement and acceptance of the available prices and product descriptions.

Any issue on this matter will be dealt within the scope of the warranties mentioned below.

In some circumstances, such as payment failure, erroneous address or any other issue relating to the Purchaser’s account, the Seller shall be entitled to block the Purchaser’s order until the issue is resolved.

Should an ordered product be or become unavailable, the Purchaser will be informed by e-mail.

Orders of unavailable products can be cancelled and possibly reimbursed, whilst the remainder of the order will remain firm and final.

For all enquiries on the follow up of an order, the Purchaser must send an e-mail to the following e-mail address: contact@lesterroirsduchef.com.

5 – Proof of purchase

All communications, orders and payments made by the Parties are stored on the Seller’s computerised registers in safe and secure conditions. These such registers will be used as evidence of proof of such communications, orders and payments. Orders and invoices are stored on a reliable and durable back-up system which can used as evidence of proof.

6 – Information on products

All products subject to the current Purchase T&Cs are the products set out on the Seller’s internet site as being available for sale and delivery. They are available within the limits of available stocks.

All products are described and presented as accurately as possible. The Seller shall not be liable for any errors or omissions in the products description.

Photographs illustrating the products are not contractual and do not engage the Seller’s responsibility.

7 – Price

7.1. Price calculation

The Seller reserves the right to adjust the price of products available on the Site at any time. The Seller undertakes to apply the tariffs and prices that are applicable at the time the order is placed, within the limits of available stock at that moment in time.

All prices indicated on the Site are in Euros. Product prices do not include delivery fees, which will be added to and billed separately from the price, and will be calculated before the order is validated.

Prices do not include currency exchange fees or bank charges (if any), which the Purchaser must pay in addition to the price.

Prices are inclusive of French VAT at the rate applicable at the time the order is placed. Any change to French VAT rates will be automatically applied to product prices.

Should one or several taxes or levies, in particular environmental taxes, be newly created or adjusted (whether increased or decreased), such adjustment may be applied to all product prices.

The Purchaser acknowledges and agrees that, for shipping outside the European Union, any customs clearance or import duties may be applied once the order reaches the destination country. The Purchaser will be responsible for the payment of any additional customs clearance or import duties applied once the order reaches the destination country.

8 – Payment methods

Any order placed by any Purchaser on the Site is deemed to contain his/her obligation to pay the order at the same time. For clarification purposes, this means that by placing an order the Purchaser acknowledges and agrees to pay the order. The price of the order must be paid in full at the time the order is placed.

Payment can take place using any of the following payment methods:

Payment by credit card;
Payment by bank transfer; or
Payment via Alipay.

Payments are made by way of a secure payment encryption method, which has been set up by the payment service provider operating all bank and payment transactions on this Site.

The Seller reserves the right to suspend any orders and deliveries (a) should a payment request be denied by the duly-accredited companies who are responsible for processing and authorising on-line payments, or (b) in the event of a non-payment. The Seller reserves the right to decline delivering or fulfilling an order made by a Purchaser (i) who did not complete the payment of a previous order, including all associated fees, or (ii) in case of action or legal proceedings for payment default.

The Seller has set up a process by which all orders are checked to insure no-one can use another person’s bank details without his/her knowledge. As part of this security process, Purchasers may be requested to provide the Seller with a copy of their identification documents and proof of address. The order will only be validated after the Seller has received and checked all documents required.

Payments made by Purchasers will be deemed complete only after the Seller has received the funds.

9 – Product availability

Should a product be unavailable at the time of the order, the Purchaser will be informed as soon as possible and will be entitled to cancel the order. The Purchaser will be entitled to either reimbursement of the order price within fourteen (14) days of the payment, or to product exchange/replacement.

10 – Delivery conditions and receiving deliveries

10.1. Delivery time and conditions

Delivery will take place only after the order payment has been confirmed by the Seller’s banking service provider.

The Purchaser acknowledges that all deliveries of fresh meat are prepared when the order is placed. Meat orders will require cold cut and packaging, which will take between 48 to 72 hours. Shipping takes place three (3) times a week. In such case, the Seller will send a delivery and shipping confirmation message to the Purchaser.

For delivery to a French metropolitan address (no delivery will be sent to the French Overseas Departments and Territories), shipping time is 72 to 96 hours from the first working day following the payment receipt, or should the order contain fresh meat products, from the confirmation of shipping.

For international delivery, shipping time will be indicated on the Site and the Seller will send the delivery date to the Purchaser before the order is confirmed.

Should a delivery be late by more than five (5) days beyond the agreed delivery date, the Purchaser must ask the Seller to deliver the order within a reasonable period of time considering the delivery address, before the Purchaser becomes entitled to terminate the contract.

Should the new delivery time also expire without the order being delivered, or at the expiry of a thirty (30) – day period from the day the order was placed, the Purchaser is entitled to terminate the contract, in accordance with Article L. 216-2 of the French Consumer Code.

In order to terminate the contract, the Purchaser must inform the Seller in writing (with a letter sent recorded delivery) or any other durable medium.

The contract will be deemed terminated when the Seller receives the recorded delivery letter (or any similar written document) purporting to terminate the contract, unless delivery has taken place in the meantime.

The Seller will then reimburse the total amount paid by the Purchaser within fourteen (14) days of the contract termination date.

The Seller can cancel the sale where the contractual payment terms have not been complied with.

Products will be delivered by a shipping company hired by the Seller, depending on the delivery address, the weight and bulk of the ordered products.

Products are sent to the delivery address provided for by the Purchaser at the time of the order. The Purchaser shall make sure that the delivery address provided is correct. No complaint can be accepted because an order was not delivered due to an error or incompleteness of the address given by the Purchaser.

10.2. Receiving a delivery

If at delivery the package containing the order is damaged, torn or open, the Purchaser must check the condition of the products. If the products are damaged, the Purchaser must decline the delivery and record his/her reservation on the delivery receipt (delivery refused because the package was open or damaged).

The Purchaser must inform the Seller of all issues affecting delivery due to an error in the delivery, within a reasonable period of time, in order to allow the Seller to check the product non-conformity (having regard to the fact that some of the products available on the Site are fresh and perishable).

The Purchaser will record all issues with the package when it is damaged, torn or open at delivery.

Complaints can be sent by e-mail to the following e-mail address: contact@lesterroirsduchef.com.

All complaints must set out the reservations made by the Purchaser and photographs must be joined to the complaint (including a photograph of the label of the product in question).

Complaints that are made in any other way or form and outside the time limits set out above will not be accepted and will release the Seller from all liability to the Purchaser.

The Seller will e-mail a reference exchange number to any Purchaser who has sent a complaint in accordance with the above rules. Product exchange can only be made once a reference exchange number has been allocated.

For delivery mistakes and product exchanges, the Purchaser must send back the products that are to be exchanged or reimbursed to the Seller in their original packaging, and with the same delivery method as used for its original delivery.

Return fees and costs are paid for by the Seller.

The Seller will reimburse the Purchaser or exchange products in accordance with Section 12 “Product warranties” below.

11 – Products warranties

All products comply with the requirements of applicable French law at the time they are offered for sale.

The company “TERROIRS DU CHEF”, whose address is 36, avenue Jean Lannes 32700 LECTOURE, FRANCE, warrants the conformity of the products sold by contract, thus enabling the Purchaser to exercise his/her legal rights under Article L.217–4 et seq. of the French Consumer Code or under Article 1641 et seq. of the French Civil Code.

Should the Purchaser exercise his/her legal warranty of conformity rights, please note:

The Purchaser is entitled to exercise such legal right within two (2) years of the product delivery;
The Purchaser does not have to prove that the product suffered from a breach of warranty of conformity for twenty-four (24) months of the product delivery;
The Purchaser is entitled to exercise his/her legal right against hidden defects as set out in Article 1641 of the French Civil Code. In such case, the Purchaser can choose between terminating the sale contract or a price reduction, in accordance with Article 1644 of the French Civil Code.

The Seller will reimburse or exchange the faulty or non-compliant product within twenty-one (21) days of the fault or non-conformity having been ascertained. Price reimbursement is either by bank transfer or cheque.

Extracts from the French Consumer Code:

Art. L. 217-4 The seller delivers goods that are compliant with the contract, and warrants the conformity of goods at the time of delivery. The seller is also liable for any non-conformity of goods resulting from the packaging, assembling instructions or installation when it warrants such conformity under the contract or when carried under its responsibility.

Art. L. 217-5 A product is compliant with the contract when:

1 It is fit for the purpose usually expected from a similar product, and as the case may be:

– If it fits the description given by the seller and contains all the specifications the seller informed the buyer, either by way of sample or mock-up;
– If it has the qualities a purchaser would rightly expect from such product, considering the public statements made by the seller, manufacturer or its representative, in particular on the labelling and packaging;

2 Or if it has the characteristics that were agreed by the parties or is fit for the special purpose specified by the buyer, as indicated to and accepted by the seller.

Art. L. 217-12 Claims for breach of warranty is limited to two (2) years from the product delivery date.

Extracts of the French Civil Code:

Art. 1641 The seller warrants against hidden defects in the product that render it unfit for its intended use, or impair its use so that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Art. 1648, al 1 An action resulting from unacceptable defects must be brought by the buyer within two (2) years from the discovery of the vice

12 – Right to change one’s mind

Please note that in compliance with the introductory Article of the French Consumer Code, a consumer is defined as any physical person who acts outside normal trade, commercial, industrial, service industry or farming business.

Please also note that the French Consumer Code rules relating to the right to change one’s mind extend to all contracts entered into between two businesses provided that (a) the purpose for such contracts falls outside the buyer’s main business and (b) there are five or less employees on the buyer’s staff roll.

In accordance with Article L.221-18 of the French Consumer Code, any consumer is entitled to (a) return any product or item not giving satisfaction within a fourteen (14) days period from the delivery date of its order, and (b) ask for the product to be exchanged or reimbursed, without incurring any fee or penalty other than the return fees that are to be borne by the buyer.

Products must be returned in their original packaging and in perfect condition within fourteen (14) days following notification of the buyer’s decision to return the goods to the seller.

Please note that the above mentioned right to change one’s mind does not apply to goods and products that have been manufactured or clearly made to the consumer’s specifications or tailor-made for the consumer, neither to goods or products that are perishable or can break down quickly, neither to goods or products that have been unsealed by the consumer after delivery and cannot be sent back for hygiene or public health reasons, neither to alcoholic beverages whose delivery was postponed beyond 30 days and whose contractual value depends on market price fluctuations outside the professional seller’s control (Article L.221–28 of the French Consumer Code).

Damaged, stained or incomplete products will not be taken back.

The right to change one’s mind can be enforced by using the right-to-change-your-mind form on the Site, in accordance with the following template:

Right-to-change-your-mind Form

For the attention of the company « LES TERROIRS DU CHEF whose address is 36, avenue Jean Lannes, 32700 LECTOURE, France; e-mail address: contact@lesterroirsduchef.com.

I hereby notify my retraction of the purchase contract of the following goods and products:

Ordered on: ….. (Please fill in)
Received on: ….. (Please fill in)
Purchaser name: ….. (Please fill in)
Purchaser address: ….. (Please fill in)
Purchaser signature….. (Only if this form is printed on paper)
Date: ….. (Please fill in)

Once duly completed, the above form once must be sent to the Seller by post to the following address: LES TERROIRS DU CHEF, 36, avenue Jean Lannes, 32700 LECTOURE, France, or by e-mail to the following e-mail address: contact@lesterroirsduchef.com.

The Purchaser will receive a “return voucher” by e-mail.

The Purchaser will send the products or goods back to the Seller within fourteen (14) days of having received the “return voucher”, to the Seller’s address mentioned above.

Product return is at the Purchaser’s cost.

The price paid together with delivery fees (save for return fees which remain at the Purchaser’s cost, as set out above) will be reimbursed to the Purchaser within fourteen (14) days of the receipt of the goods and products by the Seller.

13 – Force majeure

Any event outside the Parties’ control, preventing the normal performance of their contractual obligations, will exonerate the Parties from their obligation to perform and will result in the suspension of their contractual obligations.

The Party invoking the above legal term in order to be exonerated from its contractual obligations will immediately inform the other Party of the occurrence of such circumstances, as well as of their disappearance.

Events of force majeure are defined as any and all facts or events that are beyond the control of the Parties, that are unforeseen, unavoidable, and independent from the Parties’ will and which the Parties cannot prevent from happening, despite all the efforts, steps and measures that are reasonably possible. Events of force majeure are, in addition to those expressly recognised as such by French case law in French courts and tribunals: air, road and rail blockages, earthquakes, fires, violent storms, floods, lightning, telecom networks breakdowns or faults that are external to the telecom customers.

The Parties will meet and review the effect of such event of force majeure, and agree how the performance of the contract should continue. If the event of force majeure last more than three (3) months, these Purchase T&Cs can be terminated by the Party suffering from the event of force majeure.

14 – Intellectual Property – Brands

The Site contents (texts, technical documents, drawings, photographs, etc) remain the Seller’s property, who solely holds the intellectual property rights on such content.

Purchasers undertake not to use such content. Any copy (of part or all of the content) is strictly forbidden and would be considered as an infringement of copyright.

Please note that all brands used on the Site and/or all products that are available for sale by the Seller are registered trademarks, any copy or reproduction is therefore strictly forbidden and likely to constitute an infringement of copyrights.

15 – Privacy Law – Protection of Personal Data

The Seller undertakes that all Purchaser’s personal data are collected and treated in compliance with the French law on data collection and treatment (Law number 78-17 dated 6^th January 1978 relating to Protection of Personal Data and Computer-management of personal data) and the European Regulation EU/2016/679 of the European Parliament and of the Council dated 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “General Data Protection Regulation” or “GDPR”), and any other law or regulation made under such GDPR Regulation.

15.1. Identity of the Data Collector

The Data Collector is SAS LES TERROIRS DU CHEF, a French “société par actions simplifiées”, with a share capital of 50,000 euros, whose registered address is 36, avenue Jean LANNES, 32700 LECTOURE, FRANCE, registration company number 838 196 947, represented by Boris SEMAT, C.E.O.

15.2. Personal data management – Legal basis

The legal basis on which any Personal Data Management can take place is:

Contract performance (Purchase Terms and Conditions):
Order Processing ;
Delivery Management ;
Purchasers Complaints and Claim Handling;

Purchaser’s Consent:

Commercial Prospection and Sales Promotion ;
Management of its relationship with clients and prospective clients;
Statistical analysis ;

Compliance with laws and regulations when it treats such Personal Data with a view to provide:

Billing;
Accounting

15-3. Personal Data Use

Personal Data collected from the Purchasers are be used for order processing, availability of all Site services, Site services improvement and the maintenance of a safe and secure purchase environment. In particular, Personal Data will be used as follows:

Order processing (including delivery management);
User’s Site access and use;
Site management and optimisation;
Payment services operation and management;
Check, identification and authentication of data received from users;
Users’ assistance implementation;
Frauds, malwares (malicious software) and security breach management;
Users complaints and claim handling;
Commercial and advertisement communications tailored to each user’s preferences; and
Statistical analysis

15-4. Duration of data storage

The Editor will store any Personal Data for no more than 36 months with regard to the purpose for which they are stored and the limitation periods. The 36-month period starts from the Purchaser’s last activity on his/her account. Each Purchaser is however entitled to request the deletion of all his/her Personal Data at any time by sending an e-mail to the following address: contact@lesterroirsduchef.com.

15-5. Personal data: sharing with third parties

Personal Data can be shared with third parties in the following circumstances:

When the delivery is carried out by a third party delivery company;
When a Purchaser utilises any of the payment services; the Site works with banking and financial institutions with whom the Site has entered into contractual agreements;
When a Purchaser allows a third party website to access his/her data;
When the Site employs service providers to provide assistance to Site users and payment services. Such service providers have limited access to Purchasers’ Personal Data within the limitation of their services, and must comply with their contractual obligation to use such Personal Data in accordance with the applicable legislation on personal data protection;
If required by law, the Seller can transfer data further to a complaint or claim brought against it and further to a court or legal order;
If the Seller participates in a merger, acquisition, asset sale or insolvency procedure, it may have to transfer or share some or all of its assets, including all Personal Data. In such situation, Purchasers will be informed prior to any Personal Data being transferred to any third party.

15-6. Security and confidentiality

The Site implements organisational, technical, software and physical measures in order to protect Personal Data against alterations, destructions and unauthorised access. Please note however that Internet is not a fully secure environment and the Site cannot warrant fully secure transmission and storage of information on the Internet.

15-7. Implementation of Purchasers’ rights

In accordance with the Protection of Personal Data legislation, Purchasers are entitled to the following rights, which they can exercise by writing to the following e-mail address: contact@lesterroirsduchef.com:

Right of Access by the data user (Article 15 of the GDPR ), to access his/her personal data;
Right to Rectification and Right to Erasure (Article 16 of the GDPR), right to rectification of inaccurate personal data concerning the user and the right to have incomplete personal data completed, in accordance with Protection of Personal Data laws;
Right to Withdraw the user’s consent at any time (Article 13-2(c) of GDPR);
Right to Restriction of Processing (Article 18 of the GDPR);
Right to Object to processing of Personal Data concerning the user (Article 21 of the GDPR);
Right to Data Portability, when data processing is carried out by automated means and based on consent or on a contract (Article 20 of the GDPR).

Before implementing any of the above rights, the Seller can ask for proof of identity of the Purchaser in order to check its accuracy.

16 – Invalidity of a contractual term

Should one or more legal terms be declared invalid or not valid further to a law, regulation of court decision of a court having jurisdiction, the other legal terms will remain in full force and effect.

17 – Non-waiver

Should a Party take no action upon the other Party’s breach or non-performance of any contractual obligation under these Purchase T&Cs, such Party shall still be entitled to exercise its rights and remedies to bring any action against such non-performance or breach at a later stage.

18 – Language

These Purchase T&Cs are written in French. Should there be one or more translations in foreign languages, the French version of these Purchase T&Cs will be the only valid and admissible version in case of dispute and court proceedings.

19 – Litigation – Mediation

In case of dispute, the Purchaser must first contact the client service of the company “LES TERROIRS DU CHEF”, by sending an e-mail to contact@lesterroirsduchef.com or a letter to: Société LES TERROIRS DU CHEF, 36, avenue Jean Lannes, 32700 LECTOURE, France.

Should the request be declined or in the absence of reply within two (2) months, the Purchaser can submit a request for mediation. The mediator will independently and impartially attempt to bring the Parties together in order to find an amicable resolution of the dispute.

An “application-to-mediation” form can be found on the website of the mediator.

The Parties remain entitled to accept or decline mediation as a dispute resolution process. They are also entitled to accept or decline the solution offered by the mediator.

Details of the relevant mediator are: the French “médiateur de la fédération professionnelle du e-commerce et de la vente à distance (FEVAD)”, www.mediateurfevad.fr, postal address: 60, rue de La Boétie – 75008 Paris; e-mail: mediateurduecommerce@fevad.com.

For international disputes, please contact the European Consumer Centre for France: www.europe-consommateurs.eu

Any dispute that has not been resolved amicably or by mediation will be submitted to the exclusive jurisdiction of the court appointed by reference to the Purchaser’s home address.

20 – Governing law

These Purchase T&Cs are governed by French law.

Purchase Terms and Conditions – Business sales

Reminder relating to the purchase of alcoholic beverages: alcohol abuse is dangerous for health. To consume in moderation. Drink responsibly.

1 – Entire agreement

The present Terms and Conditions of Purchase (the « Business Sales T&Cs ») govern and regulate the relationship between:

A.S LES TERROIRS DU CHEF, a French « société par actions simplifiées », whose share capital is 50,000 Euros, whose registered address is 36, avenue Jean LANNES, 32700 LECTOURE, FRANCE, registration company number 838 196 947. E-mail: contact@lesterroirsduchef.com (« Les Terroirs du Chef » or the « Seller»), and
Any physical person having created an account on the Site and having placed an order of goods or products sold by the Seller (the “Purchaser”),

the Seller and the Purchaser thereafter being referred to individually as the “Party” or together as the “Parties”.

To these Business Sales T&Cs are added the quote estimate duly accepted by the Purchaser and the specific legal terms included in such quote estimate, and all these documents are taken as an indivisible whole.

These Business Sales T&Cs, the quote estimate and any specific legal term set out in the quote estimate contain the entire contractual obligations of the Parties. They form the basis of the commercial relationship between the Parties and therefore the Purchaser is deemed to acknowledge and agree such terms without any restriction or condition.

These Business Sales T&Cs prevail on any other document, in particular on any and all general sale and purchase terms and conditions. They apply to all services carried out by the Seller for Purchasers of the same kind, without any restriction or limitation.

The Seller and the Purchaser agree that these Business Sales T&Cs are the exclusive rules governing their relationship, notwithstanding any other document, catalogue, leaflet, photos, which do not bind them legally, but subject to any specific legal term that may be set out in the agreed quote estimate.

The Seller shall be entitled to modify these Business Sales T&Cs at any time. In such case, the applicable terms and conditions applicable to purchases are those currently available on the Site at the time the order is made.

Should a legal term be missing, and unless the Parties have negotiated and agreed a specific term or condition, the applicable rules will be all laws and customs of web order applicable to online sale businesses whose headquarter is located in France.

These Business Sales T&Cs can be accessed to on the Purchaser’s client account on the Seller’s web site, whose internet address is https://lesterroirsduchef.com (the “Site”) and are made available to any Purchaser who asks for them.

The Seller reserves the right to depart from some of the Business Sales T&Cs, depending on the negotiations carried with a Purchaser, and specific terms and conditions will therefore apply instead.

The Seller is entitled to set out special legal terms for all purchases made by certain categories of purchasers. These special legal terms prevail over the Business Sales T&Cs depending on the category of Purchaser in question, as objectively determined as possible. Purchasers meeting the requirements for block category exemption will have to comply with these special legal terms when purchasing goods or products from the Seller.

2 – Content

The current Business Sales T&Cs govern and regulate the rights and obligations of the Parties when products offered by the Seller are sold to the Purchaser online.

The Purchaser acknowledges and agrees to these Business Sales T&Cs before placing his/her order. These Business Sales T&Cs are enforceable against the Purchaser in accordance with Article 1119 of the French Civil Code.

3 – Pre-contractual information

3.1 The Purchaser acknowledges that he/she has been informed of these Business Sales T&Cs and all legal information required prior to placing his/her order and prior to entering into a contract, in a legible and understandable format.

3.2 The following information is made available to the Purchaser in a clear and understandable manner:

the product’s key essential characteristics;
the product’s price per kilogram or litre;
any and all additional fees relating to shipping, delivery or postage and all other additional fees (if any). Where additional fees cannot reasonably be calculated in advance due to, for instance, the place of delivery or the shipping method required, the Purchaser acknowledges and agrees that such additional fees may nevertheless be incurred and due; and
the date or period of time the Seller undertakes to deliver the goods, whatever the price.

3.3 The Seller will provide the Purchaser with the following information:

its name or business name, the address of the business premises, and if it not the same,
the address of its registered headquarters, its telephone number and e-mail address;
terms of payment, delivery conditions and contract performance, together with the complaints and claims handling procedure;
all applicable warranties to sales of goods and their implementation.

4 – Placing an order

The Purchaser must request a quote estimate online, using the online catalogue of products and the quote request form on the Site, within the limits of available stock.

The Seller undertakes to acknowledge receipt of the request for a quote estimate within 24 business hours and to deal with such request as soon as possible.

Quote estimates are valid for thirty (30) days unless stated otherwise.

Each quote estimate (including specific conditions) sets out:

The type and quantities of ordered products,
Any optional personalisation services as requested by the Purchaser;
Rates and payment methods applicable to the order,
Address, delivery methods and tariffs, and if any, any specific conditions or terms as agreed between the Parties; please note that the terms of the quote estimate will prevail over these Business Sales T&Cs.

The Purchaser confirms his acceptance of the quote estimate by signing and stamping it before returning it to the Seller by e-mail. Any accepted quote estimate by the purchaser within the quote validity period is considered as a firm and definitive order.

The order will be confirmed when the Purchaser clicks the « Acceptance of the Business Sales T&Cs » button prior to validating the order on the Site. Following the Purchaser’s acceptance of the Business Sales T&Cs, the Seller will send the Purchaser an order confirmation e-mail, in accordance with the legal terms set out below.

The purchase will be deemed firm and definitive:

Further to the Seller having sent an order confirmation e-mail to the Purchaser; and
Further to the Seller having received the advance payment and fees (including delivery fees) relating to the order, unless agreed otherwise by the Parties.

All orders are deemed to contain the Purchaser’s full acknowledgement and acceptance of the available prices and product descriptions.

Any issue on this matter will be dealt within the scope of the warranties mentioned below.

Should an ordered product be or become unavailable, the Purchaser will be informed by e-mail, and will be entitled to either cancel his/her order or request a product exchange.

Orders of unavailable products can be cancelled and possibly reimbursed, whilst the remainder of the order will remain firm and final. Reimbursement of paid moneys will, if relevant, be made within thirty (30) days of their receipt.

For all enquiries on the follow up of an order, the Purchaser must send an e-mail to the following e-mail address: contact@lesterroirsduchef.com.

5- Order confirmation

All contractual information will be confirmed by e-mail before or on delivery, or to the address provided by the Purchaser on the quote estimate.

6 – Proof of purchase

All communications, orders and payments made by the Parties are stored on the Seller’s computerised registers in safe and secure conditions. Such registers will be used as evidence of proof of such communications, orders and payments. Orders and invoices are stored on a reliable and durable back-up system which can used as evidence of proof.

7 – Information on products

All products governed by these Business Sales T&Cs are the products set out on the Seller’s internet site and set out as being available for sale and delivery by the Seller. They are available within the limits of available stocks.

All products are described and presented as accurately as possible.

The Seller shall not be liable for any errors or omissions in the products description.

Photographs illustrating the products are not contractual.

8 – Price

8.1. Calculation

Prices vary depending on the price of raw materials and commodities. The Seller therefore reserves the right to adjust the price of products available on the Site at any time. The Seller undertakes to apply the tariffs and prices that are set out in the quote, within the limits of available stock at that moment in time.

All prices indicated on the Site are in Euros. Product prices do not include any delivery fees, which will be added to and billed separately from the price and (if possible) calculated before the order is validated.

Prices do not include possible currency exchange fees or bank charges, which are paid by the Purchaser.

Prices are inclusive of French VAT at the rate that is applicable at the time the order is placed. Any change to French VAT rates will be automatically applied to product prices.

Unless otherwise agreed by the Parties, the order must be paid in full before it is delivered. No funds or money paid by the Purchaser will be deemed to be a deposit at any time.

Should one or several taxes or levies, in particular environmental taxes, be newly created or adjusted, whether increased or decreased, such adjustment may be applied to all product prices.

8.2. Deposit

A deposit may be required to confirm an order, the amount of which will be set out in the quote estimate.

Other than due to an event of force majeure, any order that is cancelled by the Purchaser after the date of the order confirmation sent by the Seller will not result in the deposit to be reimbursed. Cancelling an order is without prejudice to the Seller’s right to continue executing its obligation to sell, by offering to deliver the order after completion of the payment.

8.3. Discount

No discount will be made to any order paid before its due payment date.

8.4. Price reduction

The Purchaser may benefit from rebates and discounts to the rates and prices set out in the price lists, as may be agreed between the Parties.

9 – Payment methods

9.1. Payment

Any order placed by any Purchaser on the Site is deemed to contain its obligation to pay. For clarification purposes, this means that by placing an order the Purchaser acknowledges and agrees to pay the order.

Payment of orders is made by way of bank transfer to the Seller’s account or by letter of credit, as agreed by the Parties in the quote estimate. All procedural steps and additional fees that are required to enable payment are at the Purchaser’s cost.

The Seller reserves the right to suspend any orders and deliveries (a) should a payment request be denied by the duly-accredited companies who are responsible for processing and authorising on-line payments, or (b) in the event of a non-payment. The Seller reserves the right to decline delivering an order or fulfilling an order made by a Purchaser who did not complete the payment of a previous order, including all associated fees or in case of legal proceedings for payment default.

Payments made by Purchasers will be deemed to have discharged the obligation of payment only after the Seller has received the funds.

9.2. Payment delay – penalty clause

In accordance with Article L.441-10 of the French Consumer Code, should there be any delay by the Purchaser to pay any sums due under the contract beyond the due payment date set out by the Seller in the quote estimate or the invoice, the Purchaser shall pay: (a) a flat-rate sum in compensation, and (b) daily delay damages. The interest rate for late payment is set out by Government decree. Delay damages are calculated as follows: the balance of the order remaining to be paid (all taxes included) will be multiplied the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points.

Any delay in payment will result in the Seller being entitled to require the full and final payment of all sums due under the contract, without prejudice to any other action, measure or steps the Seller is entitled to take against the Purchaser. All fees and costs associated with taking such action, measure or step will be at the Purchaser’s cost, without prejudice to any other damages.

Should the Purchaser fail to perform its obligation of payment, the Purchaser will be further liable to pay a sum representing 30% of the order, including delivery fees. Such sum will be due in addition to the costs incurred by the Seller to take any action, measure or step against the Purchaser, without prejudice to any other damages.

10 – Delivery options and receiving deliveries

10.1. Deliveries

Unless otherwise set out in special contractual terms, no shipping or delivery will be sent to the French Overseas Departments and Territories.

Delivery options will be set out in the special contractual terms appended to the quote estimate.

Unless force majeure, delivery times are those set out in the quote estimate. Delivery times start from the date on which the deposit or full price have been paid, including all additional fees, as agreed on the quote estimate.

Delivery will only take place after the Seller has received confirmation of payment from the bank or financial institution.

10.2. Delivery delays

Any delivery delay will be governed by the special contractual terms of the quote estimate.

10.3. Receiving deliveries

Unless otherwise indicated in the special contractual terms set out in the quote estimate, the following rules apply when receiving any delivery:

If, at delivery, the package containing the order is damaged, torn, unsealed or open, the Purchaser must check the condition of the products. Should the package or products be damaged, the Purchaser must decline the delivery and record his/her reservation on the delivery document (delivery refused because the package was open or damaged).

The Purchaser must record on the delivery form, by hand, and duly sign all anomalies in the delivery (damage, non-conformity of the goods or products ordered, missing good or product, damaged package, broken goods or products, etc.).

The delivery package will be deemed checked when the Purchaser or one of its agents has signed the delivery receipt.

The Purchaser will send his/her reservations or comments to the delivery company by recorded delivery within two (2) days of the delivery. The Purchaser will also send a copy of such recorded letter to the Seller by e-mail, to the e-mail address indicated in the “Legal Notice” section of the Site.

10.4. Transfer of ownership

The ownership of any products and goods ordered by the Purchaser will transfer to the Purchaser only further to full payment of all sums due, which may have been increased by delay penalties in accordance with section 9.2 and adjusted in accordance with section 10.2 above.

11 – Delivery mistakes

The Purchaser must inform the Seller of all issues affecting delivery due to an error in the delivery and/or product non-conformity, on the day the delivery takes place and not later than one working day after the delivery date. Any complaint or claim made after this date will not be acceptable.

Complaints or comments on the delivery must be sent by e-mail to the following e-mail address: contact@lesterroirsduchef.com.

Complaints that are made in any other way or form and outside the time limits set out above will not be accepted and will release the Seller from all liability to the Purchaser.

For delivery mistakes and product exchanges, the Purchaser must send all products that are to be exchanged or reimbursed back to the Seller in their original packaging, and following the same delivery method used for its original delivery (including delivery time), or if relevant and as agreed with the Seller when an exchange number was issued, directly to the following address: LES TERROIRS DU CHEF 36, avenue Jean Lannes – 32700 LECTOURE, FRANCE.

Return fees and costs are paid for by the Seller.

12 – Products warranties – Seller’s Liability

The Seller warrants all professional purchasers against any defect or hidden defect in the products and goods, in accordance and within the scope of the French law applicable, including the Vienna Convention on internal sale of goods for all international sales, save for defects arising from the Purchaser’s negligence or fault.

Furthermore, in case of international sales and shipping, the Seller shall not be liable for any breach or non-compliance with local laws in the Purchaser’s destination country. The Purchaser shall remain responsible to check whether any goods or products available for sale can be bought and brought into the destination country.

Should the Seller’s liability be incurred, the Purchaser’s entitlement to damages and other compensation payment shall be limited to the gross (i.e. before tax) amount paid for the product(s).

13 – Right to change one’s mind

13.1. No right to change one’s mind for business customers

The Purchaser has set up a business account when opening an account with Les Terroirs du Chef, and has declared that all purchases will be made for the purpose of and whilst operating a commercial trade and business. Therefore such business Purchaser is not entitled to rely on any of the rights to change one’s mind that are set out in the French Consumer Code.

13.2. Right to change one’s mind for professional purchasers in accordance with Article L. 221-3 of the French Consumer Code

The rights to change one’s mind that are set out in the French Consumer Code are extended to contracts entered into between professional contractual parties provided that (a) the purpose of such contracts falls out the main business or trade of the purchaser/consumer and (b) the purchaser/consumer employs less than five (5) salaried employees (Article L. 221-3 of the French Consumer Code).

In accordance with Article L.221-18 of the French Consumer code, any consumer is entitled to (a) return any product or item not giving satisfaction within a fourteen (14) days period from the delivery date of its order, and (b) ask for the product to be exchanged or reimbursed, without incurring any fee or penalty other than the return fees that are to be borne by the buyer.

Please note that the above mentioned right to change one’s mind does not apply to goods and products that have been manufactured or clearly made to the consumer’s specifications or tailor-made for the consumer, neither to goods or products that are perishable or can break down quickly, neither to goods or products that have been unsealed by the consumer and cannot be sent back for hygiene or public health reasons, neither to alcoholic beverages whose delivery was postponed beyond 30 days and whose contractual value depends on market price fluctuations outside the professional seller’s control (Article L.221–28 of the French Consumer Code).

Damaged, stained or incomplete products will not be taken back.

Right-to-change-your-mind Form

Letter sent to the company « LES TERROIRS DU CHEF whose address is 36, avenue Jean Lannes, 32700 LECTOURE, France, e-mail address: contact@lesterroirsduchef.com.

I hereby notify my retraction of the purchase contract for the following goods and products:

Ordered on: ….. (Please fill in)
Quote estimate n°: ….. (Please fill in)
Received on: ….. (Please fill in)
Purchaser business or trade name: ….. (Please fill in)
Purchaser business address: ….. (Please fill in)

• I certify that (1) the purpose of the order referred to above falls outside the scope of my main business or trade, and that (2) I employ less than five (5) salaried employees.

Purchaser signature….. (Only if this form is completed in writing)
Date: ….. (Please fill in)

Once duly completed, the above form must be sent to the Seller by post to the following address: LES TERROIRS DU CHEF, 36, avenue Jean Lannes, 32700 LECTOURE, France, or by e-mail to the following e-mail address: contact@lesterroirsduchef.com. The letter must be marked as follows: « Formulaire de Rétractation – Business Name or Trade Name of the Purchaser »

The Purchaser will receive a “return voucher” by e-mail. The Purchaser will send the products or goods back to the Seller within fourteen (14) days of having received the “return voucher”, to the Seller’s address mentioned above.

Unless otherwise set out by the Seller, the Purchaser must return all goods or products in the same packaging method and using the same delivery and shipping method (including the same delivery timeline) as for the original delivery. Returned products and goods must be in perfect condition.

Return of goods and products is at the Purchaser’s sole risk.

14 – Force majeure

Events of force majeure are, in addition to those expressly recognised as such by French case law in French courts and tribunals, usually as follows: air, road and rail blockages, earthquakes, fires, violent storms, floods, lightning, telecom networks breakdowns or faults that are external to the telecom customers.

15 – Intellectual property – Brands

The Site contents (texts, technical documents, drawings, photographs, etc) remain the Seller’s property, who solely holds the intellectual property rights on such content.

Purchasers undertake not to use such content. Any copy (of part or all of the content) is strictly forbidden and would be considered an infringement of copyright.

16 – Privacy Law – Protection of Personal Data

The Seller undertakes that all Purchaser’s personal data are collected and treated in compliance with the French law on data collection and treatment (Law number 78-17 dated 6^th January 1978 relating to Protection of Personal Data and Computer-management of personal data) and the European Regulation on Protection of Personal Data EU/2016/679 of the European Parliament and of the Council dated 27^th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “General Data Protection Regulation” or “GDPR”), and any other law or regulation made under such GDPR Regulation.

16.1. Identity of the data collector

16.2. Personal data management – Legal basis

The legal basis on which any Personal Data Management can take place is:

Contract performance (Purchase Terms and Conditions):
Order Processing ;
Delivery Management ;
Users Complaints and Claim Handling;

User’s Consent:

Commercial Prospection and Sales Promotion ;
Management of its relationship with clients and prospective clients;
Statistical analysis ;

Compliance with laws and regulations when it treats such Personal Data with a view to provide:

Billing;
Accounting

16-3. Personal Data Use

Personal Data collected from the Users shall be used for order processing, availability of all Site services, Site services improvement and the maintenance of a safe and secure purchase environment. In particular, Personal Data will be used as follows:

Order processing (including delivery management);
User’s Site access and use;
Site management and optimisation;
Payment services operation and management;
Check, identification and authentication of data received from Users;
Users’ assistance implementation;
Frauds, malwares (malicious software) and security breach management;
Users complaints and claim handling;
Commercial and advertisement communications tailored to each User’s preferences; and
Statistical analysis.

16-4. Duration of data storage

The Editor will store any Personal Data for no more than 36 months with regard to the purpose for which they are stored and limitation periods. The 36-month period starts from the user’s last activity on his/her account. Each user is however entitled to request the deletion of all his/her Personal Data at any time by sending an e-mail to the following address: contact@lesterroirsduchef.com.

16-5. Personal data: sharing with third parties

Personal Data can be shared with third parties in the following circumstances:

When the delivery is carried out by a third party delivery company;
When a User utilises any of the payment services; please note that the Site works with banking and financial institutions with whom the Site has entered into contractual agreements;
When a User allows a third party website to access his/her data;
When the Site employs service providers to provide assistance to Site users and payment services. Such service providers have limited access to users’ Personal Data within the limitation of their services, and must comply with their contractual obligation to use such Personal Data in accordance with the applicable legislation on personal data protection.;
If required by law, the Seller can transfer data further to a complaint or claim brought against it and further to a court or legal order;
If the Seller participates in a merger, acquisition, asset sale or insolvency procedure, it may have to transfer or share some or all of its assets, including all Personal Data. In such situation, Purchasers will be informed prior to any Personal Data being transferred to any third party.

16-6. Security and confidentiality

16-7. Implementation of Purchasers’ rights

In accordance with the Protection of Personal Data legislation, each Purchaser is entitled to the following rights, which they can exercise by writing to the following e-mail address: contact@lesterroirsduchef.com:

Right of Access by the data user (Article 15 of the GDPR ), to access his/her personal data;
Right to Rectification and Right to Erasure (Article 16 of the GDPR), right of rectification of inaccurate personal data concerning the user and the right to have incomplete personal data completed, in accordance with Protection of Personal Data laws;
Right to Withdraw the user’s consent at any time (Article 13-2(c) of GDPR);
Right to Restriction of Processing (Article 18 of the GDPR);
Right to Object to processing of Personal Data concerning the user (Article 21 of the GDPR);
Right to Data Portability, when data processing is carried out by automated means and based on consent or on a contract (Article 20 of the GDPR).

Before implementing any of the above rights, the Seller can ask for proof of identity of the user in order to check its accuracy.

16-8. Adjustment or modification of Clause 16

The Seller is entitled to adjust, vary or modify Clause 16 relating to the protection of Personal Data at any time. The Seller will publish any new version of Clause 16, taking into account any adjustment, variation or modification to the clause. The Seller will also send an e-mail to all Purchasers saying that Clause 16 has been adjusted, varied or modified, and will do so no later than fifteen (15) days before the new version of Clause 16 comes into effect. Should a Purchaser disagree with any new version of Clause 16 so published, such Purchaser will be entitled to close its business account.

17 – Invalidity of a contractual term

18 – Non-waiver

19 – Language

These Business Sales T&Cs are written in French. Should there be one or more translations in foreign languages, the French version of these Business Sales T&Cs will be the only valid and admissible version in case of dispute and court proceedings.

20 – Litigation

The Parties undertake to seek a solution to any issue arising from the interpretation of performance of the Contract by way of alternative dispute evolution.

Any issue arising from the operation of the present contract and that cannot be resolved by alternative dispute resolution shall be dealt with by the French court who has jurisdiction over the area where the company « LES TERROIRS DU CHEF » is registered.

21 – Governing law

These Business Sales T&Cs are governed by French law, including the Vienna Convention on international sale of goods.