GENERAL TERMS AND CONDITIONS OF SALE
Last updated: August 19, 2022
Article 01: Preamble
Acceptance, without reservation, of the terms and conditions of sale below is a prerequisite for any transaction on www.fransial.com. The website www.fransial.com offers its users the option of placing orders online and having them delivered to their homes.
The website www.fransial.com , hereinafter referred to as the "site", is the property of Fransial, which reserves all property rights and prohibits copying or downloading all or part of the site.
Article 02: Purpose of the contract
These general terms and conditions of sale govern the commercial relationship between Fransial (the website owner) and any adult (non-commercial) residing in the Île-de-France region, provided that the individual is engaged in a purchase process on the website. Transactions conducted between Fransial and the customer (via the website) are subject to the regulations governing distance selling and the legal and regulatory provisions in force in France. In addition to these, the specific conditions below apply.
Article 3: Acceptance of these terms
These general terms and conditions of sale govern the commercial relationship between Fransial (the website owner) and any adult (non-commercial) residing in the Île-de-France region, provided that the individual is engaged in a purchase process on the website. Transactions conducted between Fransial and the customer (via the website) are subject to the regulations governing distance selling and the legal and regulatory provisions in force in France. In addition to these, the specific conditions below apply.
Article 4: Contract Validation
The commercial offers contained on the website are not considered (legally) as permanent offers. Therefore, the contract is concluded when Fransial sends the order confirmation email to the customer.
Fransial reserves the right not to confirm an order for any reason whatsoever, including but not limited to supply constraints, delivery issues or specific customer requirements.
The user agrees to cancel their order in exceptional circumstances if:
-the new proposed delivery times are not suitable for him;
-in the order confirmation by Fransial, the prices are not those indicated on the website;
Any order cancellation must be made by email to marketing@fransial.com , at the latest 4 hours after the customer receives the order confirmation.
Article 05: Order Conformity
Fransial undertakes to provide goods that conform to the contract, without hidden defects, and that meet the conditions of quantity, quality, temperature, packaging, time and place.
Fransial undertakes to entrust the transport of purchased goods for delivery to a professional partner capable of meeting the necessary logistical requirements. Therefore, Fransial cannot be held responsible for any failures of the delivery service provider.
Fransial has contracted with Chrono Fresh for delivery. For any special requirements, the customer must provide instructions when placing their order, not afterwards.
Only orders with a minimum value of 20 Euros will be delivered.
Article 06: Customer Obligations
The customer agrees to provide Fransial with an address where delivery can be made during business hours and which is compatible with the chosen shipping method.
Article 7: Specific Provisions
Price :
The total price indicated in the order confirmation from Fransial is the final price. The price includes the cost of the products, packaging, and shipping. No additional charges are payable upon delivery.
Currency, Payment Method:
The price is expressed in Euros and payment for products is made exclusively by credit card. The customer's credit card will be debited in Euros upon acceptance of the order by Fransial.
Billing:
An invoice can be issued by Fransial upon specific request from the client via email to marketing@fransial.com ; for this purpose, the client should specify the billing address in their request. All invoices will be issued and sent by email.
Transport - Delivery
Products are delivered to the delivery address indicated in the order. Delivery is carried out in accordance with the delivery policy, subject to any specific details provided in the order confirmation.
Fransial is in no way responsible for any deterioration of the products in the event of late collection of said products from the carrier, or of non-collection of the products by the customer.
delivery time
Each order is processed with the utmost care, in the order it is received, following a strict protocol.
Deliveries are made twice a week:
-Saturday before 1 p.m. for orders placed from Tuesday to Thursday
-Orders placed from Friday to Monday must be placed by 1 p.m. on Wednesday.
Delivery location
Ile de France
Risk transfer
From the moment the products are collected from Fransial until they are received by the customer, transport is the sole responsibility of the carrier. The transfer of risk for the products occurs upon delivery of the products by Fransial to the carrier.
Article 08: Reservations upon receipt of products - No returns of food products - Limited cases of refund / replacement.
The customer can raise objections to the delivery in two scenarios:
-In case of delivery not conforming quantitatively to the order;
-In case the package containing the product is severely damaged;
These reservations must be made to the carrier upon delivery, or at the latest 12 hours after this delivery, at the address marketing@fransial.com.
It is up to the customer to have the carrier confirm the validity of their reservations.
No product returns will be accepted. Depending on whether the above procedure has been followed or not, Fransial:
-at its discretion, will refund the customer the price paid or will make a new delivery of similar products.
-will only refund the price difference between the products ordered and those delivered, of course, only if the products delivered are of lower price than those ordered and paid for.
-will not validate any reservations made in relation to the taste, appearance or freshness of the products.
Warranty - Limitation
Fransial guarantees that the products have been processed in strict compliance with French regulations and in accordance with the description on the website at the time of the order. Fransial guarantees that the products are handed over to the carrier in the correct temperature, packaging, and expiration date conditions. No other guarantees are given. Fransial cannot (in particular) guarantee that the products will meet the customer's specific expectations.
Article 9: Liability - Limitation of Liability
The customer is responsible for the use of their products. They are advised not to consume them beyond the dates indicated on the label, nor if they appear to be spoiled (due to heat, problems during transport, or any other cause). Fransial cannot be held liable for any damage resulting from this.
In any event, whatever the possible reason for the claim, Fransial's liability is limited to the lesser of the following two amounts: i) the amount of direct damage suffered by the customer; ii) the price of the order.
Personal data
Transactions made on the website require you to leave personal data (customer name, delivery address, contact information, etc.).
Fransial is committed to using this data solely for the purpose of ensuring the proper execution of your orders and maintaining a healthy working relationship, in compliance with legal obligations regarding the protection of personal data. To this end, this data may be shared with partners (delivery, payment processing) involved in providing the requested service.
Article 10: Invalidity - Force majeure - Applicable Law -
If any of these terms and conditions should be declared inapplicable or invalid for any reason, such inapplicability or invalidity shall not affect the other provisions of the terms and conditions in any way, those invalidated or deemed inapplicable being then replaced by the closest possible provisions.
Fransial and/or the client cannot be held responsible for any failure to perform which would have as its origin a case of force majeure, beyond any control, including in particular, but not limited to, cases of war, riot, insurrection, interruption of transport, import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.
These terms and conditions are governed exclusively by French law. Any dispute relating to the interpretation and/or performance of these terms and conditions shall be subject to the exclusive jurisdiction of the French courts.