Bonjour

CGV

TERMS AND CONDITIONS

 

 

The company EUROPEAN FOOD CORNER, SARL, with capital of 5,000 Euro, registered with the RCS Aurillac as No.  792 556 466, with its headquarters located in Le Croizet - 15800 Thiézac, exploits an online retail site of delicatessen and fresh products from the private label “Marie Severac" (hereinafter referred to as "the Products") accessible at www.marieseverac.com (hereinafter referred to as "the Site ") to consumers (hereinafter referred to as" the Customer ") in France.

 

The placing of an order by the Customer implies irrevocable acceptance of the hereby terms and conditions, which the Customer acknowledges having read prior to placing the order. European Food Corner reserves the right to modify, at any time and in its sole discretion, these terms and conditions. The terms and conditions in force are those contained on the Site at the time the Customer places his order.

 

By accepting the hereby Terms and Conditions, the Customer guarantees to be of legal age and to have the full legal capacity to place an order for Products on the Site.

 

European Food Corner provides a copy of the hereby contract on a downloadable, lasting support on the Site before placing the order, to which the Customer agrees. The Customer also agrees to receive by email all pieces of information concerning the product ordering, the invoice and more generally the execution of the hereby terms and conditions.

 

1.     Object 

The hereby terms and conditions are intended to define the conditions and terms of any product sale to the Customer.

 

2.    Entry into force / Duration 

These terms and conditions come into effect from the signing of the order by the Customer and remain in force until termination of rights and obligations held by one or other party.

 

3.    Territory 

The Products offered on the Site can only be delivered within mainland France, including Corsica.

 

4.     Product Purchases

-       Placing the Order

 

To be able to order, the Customer must take the following steps:

 

1/ The Customer must proceed to choose the products he wishes to buy from the online catalogue and add them to his basket.

2/ Once the Customer adds a Product in the basket, he will have access to his selection, and he can return to the Site to add or remove Products from the basket.

3/ Once the Customer has added in the basket all the Products he wishes to order, he will access the summary page of the order.

4/ Once the selection of Products is confirmed by the Customer, the latter must register by completing a form or signing in to his account with his email address and password.

5/ To definitively confirm the order and proceed to payment, the Customer must accept the hereby terms and conditions by checking the box "I have read the sales terms and conditions and I adhere to them without reservation"

6/ After final confirmation of the order, the Customer will be granted access to the payment page.

7/ The Customer must then choose the method of payment.

8/ Then the Customer must proceed to payment.

 

The Customer guarantees to European Food Corner the veracity of the information provided when placing the order, especially when creating his account, and undertakes to update his personal data so that it is always true.

 

The Customer is informed that in case of prolonged inactivity during the connection, it is possible that the selection of products becomes no longer available. In this event, the Customer must repeat steps from the beginning.

 

The Customer is informed that he retains all telecommunication costs enabling him to access the Internet.

 

The Customer is informed that he has the ability to return to previous pages and correct errors and/or modify his order and the data provided before the order is definitely confirmed. Should an error in the entry of information by the Customer cause a delay in the delivery of the ordered products, European Food Corner cannot, under any circumstances, be held responsible.

 

-       Order Confirmation 

The Customer will receive a confirmation email of the order and payment with a summary of the order, acting as an acknowledgement of receipt for the order.

 

The order confirmation will be sent to the email address provided by the Customer during the creation of his account, and will act as the final confirmation of the order. The Customer cannot return to his order to modify it once the order is confirmed by an email from European Food Corner. The Customer may only exercise his right of withdrawal in accordance with the conditions stated in the section "Withdrawal period".

 

The Customer can track his order in his personal account until shipping.

 

5.    Delivery

 The Products will be delivered to the address provided by the Customer when placing the order. The place of delivery will necessarily be located in mainland France, including Corsica. Any product delivered to an incorrect or incomplete address for any reason attributable to the Customer, and returned to European Food Corner, will be returned to the Customer or any third party designated by the Customer at the expense of the latter.

 

The delivery times will be indicated when placing the order.

 

The Customer or any third party designated by the Customer must sign a delivery slip when the Products are delivered.

 

The Customer must check on delivery that the Products comply with his order. In case of errors in delivery or damaged Products, The Customer must write any reservations on the carrier's delivery slip. The Customer must also make a complaint to European Food Corner by registered mail with a return receipt no later than within two (2) business days after delivery of the products, with a copy of the reservations given to the carrier, so that the claim can be processed by European Food Corner.

 

All claims not made in compliance with the terms and conditions and timeline defined above cannot be taken into account and will release European Food Corner of any responsibility in regards to the Customer.

 

The commercial guarantee provided by European Food Corner in case of non-compliance of delivery with the order, for reasons attributable to European Food Corner and provided European Food Corner has received a claim within the specified period, is either to reimburse the Customer the price of the Products, to give him a credit note or to send him new products corresponding to the order. For dry grocery products, the commercial guarantee will be applicable, in addition to the above conditions, provided that the Customer returns the Products to European Food Corner, capable of being re-sold and in their original packaging.

 

Regardless of the aforementioned commercial guarantee, European Food Corner remain liable for the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the Code de la consommation and that relating to the defects of the thing sold, under the conditions provided in the articles 1641 to 1648 and 2232 of the Code Civil.

 

6.    Withdrawal Period 

The Customer has a right of withdrawal of fourteen (14) days from the delivery of the order, except for the following Products:

- Products likely to deteriorate or expire rapidly;

- Products that have been unsealed by the Customer after delivery and cannot be returned for hygiene or health protection reasons.

The Customer will have no right of withdrawal for purchased fresh products.

 

Customers may exercise the right of withdrawal:

 

- Using the withdrawal form included at the end of these terms and conditions;

 

- Or by sending a letter to this effect to European Food Corner, before the expiry of the above-mentioned period, to the following address: 17 quai de Stalingrad, 92100 Boulogne-Billancourt France. The withdrawal letter must clearly state that the Customer wishes to withdraw all or part of his order, and specify the name, surname, address and order number of the Customer.

 

If the Customer exercises the right of withdrawal, he shall return the Products to European Food Corner without undue delay, and at the latest within fourteen days after sending his decision to withdraw to European Food Corner. The Customer recognises and accepts that he must pay the postal costs for the return of the products.

 

The Customer undertakes to wrap and pack the Products so that they cannot suffer damage during transport, and will assume full responsibility for the goods.

 

European Food Corner will refund the Customer when it has received the specific Products, ready to be re-sold and in their original packaging.

 

European Food Corner refuse any liability for loss or damage to a parcel sent by the Customer to European Food Corner, following the exercise of his right of withdrawal.

 

7.    Pricing and Payment terms and conditions 

The retail price of the products is given in Euro including VAT and does not include shipping costs. Shipping costs will be added when ordering according to the destination of the Products. The price in Euro (not including taxes), the amount of taxes and the shipping costs will be indicated to the Customer at the time of placing the order.

 

European Food Corner reserves the right to modify at any time the price of the Products offered for sale on the Site. The price applicable to the Customer will be the rate in effect at the time of the confirmation of the Order.

 

Payment must be made by the Customer using the payment methods indicated on the site.

 

8.     Intellectual Property 

The Site and its contents, including  brands, logos, images, drawings, models, texts, photographs, graphic charts, databases are the full, entire and exclusive property of European Food Corner. Any reproduction, representation, dissemination, commercialisation and/or use made of any of the components, wholly or in part, of the Site is strictly prohibited.

 

The Customer prohibits any act of infringement, unfair or abusive competition with respect to European Food Corner.

 

9.    Personal Data

 The Customer is informed that the personal data submitted during the creation of his account on the Site is the subject of a treatment by European Food Corner for administrative, commercial and statistical purposes. This treatment has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).

 

When creating an account, the Customer must enter his phone number(s). The Customer is informed that he can register for free on a list to prevent telephone solicitation, with an organisation responsible for the management of that type of list.

 

According to the Law "Informatique et Libertés" of the 6 January 1978, the Customer has a right to access, correct and delete personal data by sending a written request to that effect to the following address: contact@marieseverac.com

European Food Corner reserves the right to send the Customer a newsletter and commercial offers from European Food Corner or to inform him of special events organised by European Food Corner by email sent to the address provided on the Site by the Customer. If the Customer does not wish to receive such offers, he can at any time oppose it by clicking on a link provided for this purpose in commercial prospecting emails.

The Customer is required to correct or update the data that is inaccurate, incomplete or out of date; failing that, the order may not be taken care of or honoured on time, and European Food Corner does not incur liability in this case.

The Customer is informed about the use of cookies, which allow an easy site navigation by recording data such as viewed Products or login details. In order to process the Customer's order, and in order to better understand his needs and customise the services offered on the Site, Marie Severac uses cookies. A cookie is a computer file stored on the hard drive of the Customer's device that aims to report its visit on the Site.

The user is however informed that he has the right to object to the registration of these “cookies”, especially by configuring his Web browser according to the following procedure:

The following links show you how to set cookies based on the different browsers: 
If you use the Internet Explorer browser: http://windows.microsoft.com/en-US/internet-explorer/delete-manage-cookies#ie=ie-11
If you use the Firefox browser: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
If you use the Safari browser: https://support.apple.com/en-gb/HT201265
If you use the Google Chrome browser: https://support.google.com/chrome/answer/95647?hl=

To continue browsing the Site constitutes an agreement to the filing of cookies on the Customer’s device. If the Customer refuses the presence of cookies on his hard drive, the functionality of the Site may be reduced but its use will remain possible.

 

10.  Hyperlink 

The insertion of a hyperlink to the Site requires obtaining the prior written consent of European Food Corner. In any case, the link should point only to the home page of the Site.

 

11.  Force majeure 

European Food Corner obligations will be suspended in case of force majeure, and the Customer cannot incur liability to European Food Corner in this case.

 

Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals: total or partial strikes, internal or external to the company, including postal services, road transport, sea, air, malfunctions of postal services, road, sea or air transport, lockouts, bad weather, epidemics, earthquake, fire, storm, flood, water damage, blocking of telecommunications facilities, Internet blocking, governmental or legal restrictions, legal or regulatory changes in forms of commercialisation, and other independent cases of the expressed will of the parties preventing normal execution of this contract.

 

12.  Internet Limitations

The Customer acknowledges having knowledge of the characteristics and limitations of the Internet, the presence of viruses and possible diversion of Customer data due to acts of piracy, for which European Food Corner cannot be held responsible. It is the same in case of difficulties of access to the Site or malfunction of the Site, including problems related to acts of piracy. European Food Corner reserves the right to carry out maintenance on the Site. The Customer acknowledges and agrees that he will no longer be able to access the Site for the duration of the maintenance operation.

 

13.  Agreement in relation to proof 

The Customer acknowledges and agrees that the information contained in the European Food Corner computer systems have the same probative value as paper documents, in regards of the placing of the order by the Customer and the acceptance of these terms and conditions. The filing of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.

 

14.  Independence of the provisions of these General terms and conditions 

If any provision of the hereby terms and conditions were to be declared void or unenforceable due to a court decision or the application of a law or regulation, the remaining provisions of these terms and conditions remain in full force.

 

15.  No waiver 

The non-implementation or delay in the implementation of any of the provisions of the contract by a Party cannot be interpreted or construed as a waiver of that party to the application of the specified provision.

 

16.  Applicable law / Judicial authorities 

The hereby terms and conditions are subject to French law.

 

The Customer is informed of the possibility of recourse, in disputed cases, to a conventional mediation or other alternative dispute resolution, or to seek legal remedies in court.

 

 

 

Annex 1 – Withdrawal Form

 

Please complete and return this form, only if you wish to withdraw from the contract, to the attention of EUROPEAN FOOD CORNER, Le Croizet – 15800 Thiézac

 

I / We (*) notify you (*) by my / our (*) withdrawal from the contract concerning the sale of the good (*) / for the provision of services (*) below:


Ordered on the (*) / received the (*): 


Name of the consumer(s): 


Address of the consumer(s): 


Signature of the consumer(s) (only if the notification with this form is paper based): 


Date:

 

(*) Delete as appropriate.

 

 

Annex 2 - Legal safeguards for the sale of products

 

Code de la consommation:

 

Article L211-4

 

The seller must deliver goods in conformity with the contract and will be liable for defects of conformity existing upon delivery.

Article L211-5 

To comply with the contract, the good must:

1. Be suitable for the purpose usually associated with such a good and, where applicable:

- Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;

- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2. Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and that the latter accepted.

Article L211-12 

The action resulting from lack of conformity lapses two years after delivery of the good.

In case of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to rely on it.

Code Civil:

 

Article 1641 

The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use so that the buyer would not have bought it or would have paid a lower price had he been aware of this.

 

Article 1648 

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.