GENERAL TERMS AND CONDITIONS OF SALE EFFECTIVE FROM 1 JANUARY 2022

1. INTRODUCTION

SBE COM is a French société à responsabilité limitée (private limited company) with a share capital of €2,000, whose registered office is located at Place Émile Désirât, Immeuble le Galion, 83270 Saint-Cyr-sur-Mer, registered in the Toulon Trade and Companies Register under number 818 053 506.
SBE COM’s objects are to act as a delicatessen, sell foodstuffs online, purchase and sell foodstuffs using any means and, in particular, via the Internet, on a wholesale, semi-wholesale or retail basis.

2. DEFINITIONS

The terms and expressions used in these General Terms and Conditions of Sale and in the Special Terms and Conditions will have the meaning assigned to them below:
“Company”: means SBE COM, a French société à responsabilité limitée (private limited company) with a share capital of €2,000, whose registered office is located at Place Émile Désirât, Immeuble le Galion, 83270 Saint-Cyr-sur-Mer, registered in the Toulon Trade and Companies Register under number 818 053 506.
“Purchase Order”: means a sales proposal for the Products sold by the Company.
“Customer”: means any private individual of legal age, with the legal capacity to contract, placing an Order for and/or purchasing one or more Products from or with SBE COM for the Customer’s own personal needs.
“Order”: means an order governed by these General Terms and Conditions of Sale placed by the Customer.
“General Terms and Conditions of Sale” or “T&Cs”: means this contract setting out the rights and obligations of the Parties.
“Personal Account”: means a Customer’s personalised area on the Website, recording the Order history.
“Sales Contract”: means the sales contract formed between SBE COM and Customers once they have validated their Order, made up of the General Terms and Conditions of Sale and the Special Terms and Conditions, including the introduction, any appendices and any subsequent amendment, substitution, extension or renewal.
“General Terms and Conditions of Sale”: means the General Terms and Conditions of Sale applicable to Product sales between SBE COM and the Customer.
“Delivery Time”: means the period between the date of the Order Validation and the date of the Delivery of the Order to the Customer.
“Delivery”: means the transfer of the physical possession of the Product to the Customer.
“Party” or “Parties”: means SBE COM and the Customer.
“Price”: means the price at which the Products are sold, stated inclusive of all taxes.
“Products”: means the products posted on the Company’s website, mainly Italian delicatessen products made by artisans and companies committed to using quality ingredients.
“Website”: means SBE COM’s website at https://www.italiadelizie.com/fr/.
Any reference to the singular shall include the plural and vice versa. Any reference to one gender shall include a reference to the other genders.

3. PURPOSE

The purpose of these General Terms and Conditions of Sale is to govern the Orders and Sales Contracts for Products concluded between a Customer and the Company and to set out the rights and obligations of the Parties.
Pursuant to Articles L. 111-1 and L. 111-3 of the French Consumer Code (code de la consommation), the essential characteristics and prices of the Products being sold are available on the Website.
The Customer is also provided with the information required under Articles L. 121-8 and L. 121-19 of the French Consumer Code, both before and after the conclusion of the sale, mainly through these General Terms and Conditions of Sale.
The General Terms and Conditions of Sale only apply to Orders placed via the Website delivered anywhere in the world to private individuals acting as consumers for purposes falling outside the scope of their commercial, industrial, craft or liberal professional business and to non-traders as defined in the preliminary article of the French Consumer Code.

4. PRODUCTS

The Company displays the range of Products it sells on its Website.
The main characteristics of the Products, including the specifications, illustrations and indications of the size or capacity of the Products, are displayed on the Website.
The Customer shall read those characteristics before placing an Order. The Customer is solely responsible for deciding whether or not to purchase a Product. The photographs and graphics showing the Products are displayed on the Website for information and illustrative purposes only and are not contractually binding.
The Company reserves the right to modify the Products displayed on its Website and its leaflets and catalogues, without notice.
The Products comply with the French regulations in force.

5. FORMATION, PERFORMANCE, ASSIGNMENT AND TERMINATION OF THE SALES CONTRACT

5.1 Formation of the Sales Contract

5.1.1 Preliminary identification of the Customer

• Customers with a personal account
Any Customers who already have a personal account on the Website must sign in to their account, in the relevant section of the Website, by entering the email address previously used and the assigned password.
Customers should modify their password when they sign in for the very first time. Once they have signed in, Customers can access their personal account and start selecting the Product(s) they wish to order. Any Customer who cannot remember the password should click on the “Forgot your password?” tab and enter the relevant email address. The password will then be automatically sent to the Customer’s email address.

• Customers without a personal account
Any Customers who do not have a customer account on the Website and wish to place their first Order must complete an online registration form and provide all the required information. The Customer undertakes to provide accurate, truthful information. The Customer is liable for the information provided during the account creation process. In particular, the Company may not be held liable for any inability to deliver Products to the Customer due to an error made by the Customer, including any incorrect contact details provided for the recipient of the Order. Once the form has been completed and validated, the Customer may start to select the Product(s) to be ordered.

5.1.2 Placing and Validating Orders

• Selecting Products and Product availability
The Customer places an Order for Products displayed on the Website. The Customer must select the available Product(s) that the Customer wishes to order, in accordance with the instructions displayed on the Website. The Products displayed are sold subject to availability. The Company keeps the Website up to date and informs Customers of any temporary unavailability.

• Viewing the shopping cart
Once the Products have been selected, the Customer may check the contents of the Order, including the number of Products, the unit price and the total price of the Order by clicking the “View my shopping cart” link. The Products, along with all their characteristics, the prices and the delivery methods, may also be viewed in the shopping cart. The Customer may remove one or more Products from the shopping cart. The Order may be modified at any time up until its final validation. It will not be definitively registered until the required information has been provided, the General Terms and Conditions of Sale have been accepted and the relevant amount has been paid online.

• Validating Orders
Before validating the Order, the Customer must check the “I have read and accept the General Terms and Conditions of Sale (T&Cs)” box and fully and unconditionally accept the Order and all provisions of the T&Cs. The Customer may then validate the Order by clicking on the “Order and pay” button. The Order process is completed once the Customer has paid for it. Any Customer validating an Order is deemed to accept the price payable for the Product(s) ordered. Orders will not be final and binding until the corresponding price has been paid.
The Customer may check the details of the Order and the total price and correct any errors before confirming acceptance. The Customer shall check that the Order is accurate and report or correct any errors immediately.
Under French Order No. 59-107 of 7 January 1959 and French Act No. 74-631 of 5 July 1974, alcoholic beverages may not be sold or offered to minors or those treated as minors. Accordingly, any Customers validating an Order are deemed to acknowledge that they have the legal capacity to enter into the contract.

5.1.3 Sale Confirmation

Once the Order has been placed and the relevant amount paid, the Customer will receive an Order confirmation sent to the email address already provided. This Order confirmation contains the amount invoiced, all the essential characteristics of the Product, the delivery time and methods, these terms and conditions and the standard cancellation form (appended hereto). The Customer accepts that the systems used to record the Order will be treated as valid proof of the purchase and the date of purchase.
No changes may be made to an Order, once it has been confirmed and accepted by the Company in accordance with the provisions set out above.

5.2 Prices

The Price of the Products is determined by the Company, at its own discretion.
The Company reserves the right to change the stated prices at any time and without notice.

The applicable Price is the Price in force on the date on which the Customer places the Order.

Value added tax is added, at the rate in force in metropolitan France on the date on which the Order is placed.

The total Price stated in the Order confirmation includes the price of the Products, the delivery charges and any customs duties.

The Customer shall solely bear any costs that need to be paid to import the ordered Products into the country of delivery (customs duties and formalities, import taxes etc.) and agrees to pay those amounts.

If the Customer wishes to use a shipping method that is faster or more expensive than the standard shipping method, the Customer shall bear all extra delivery charges as notified to the Customer when validating the Order.

5.3 Order Payment

Orders must be paid online, by bank card (Visa, MasterCard or other CB cards) or by cheque or PayPal. The Customer’s bank card will be debited when the Order is definitively validated.
Any Orders paid by cheque will not be treated as paid and validated until the Company has cashed the Customer’s cheque.
The Website uses a security system: the SSL encryption process, strengthened by a set of scrambling and encryption measures to protect all sensitive data related to payment methods as effectively as possible. The “Secure Payment” page explains the procedures used to secure transactions made on the Website.
Payments made by bank card are irrevocable, unless the card was used fraudulently. In such a case, the Customer may ask the Company to cancel the payment and refund the corresponding sums.

5.4 Right to cancel

5.4.1 Procedure

The Customer may cancel an off-premises contract within fourteen (14) days, without any requirement to give reasons for the decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
This cooling-off period starts on the date on which the Customer or a third party, other than the carrier, instructed by the Customer takes physical possession of the Product.
For contracts providing for regular deliveries of goods over a defined period, the cooling-off period starts on the date of receipt of the first good.
The right to cancel may be exercised by letter sent by registered post with acknowledgement of receipt, using the appended cancellation form.

If the right to cancel is exercised within the above-mentioned period, the contract will become null and void.
In such a case, the Company shall refund the sums paid by the Customer within fourteen (14) days of the date on which it was informed of the Customer’s decision to cancel.
The Company will refund the amount of the sale directly, by crediting it to the Customer’s bank card, unless the Customer expressly agrees that another means of payment may be used.

The Customer will bear the cost of returning the Order.

5.4.2 Exceptions

Pursuant to Article L. 221-28 of the French Consumer Code, the right to cancel does not apply for any Order for products which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly, and such Orders cannot, therefore, be returned. This includes, but is not limited to, the following:
– all fresh or frozen products,
– products whose original packaging has been unsealed,
– products liable to deteriorate or expire rapidly;
– any supply of alcoholic beverages where delivery is deferred for more thirty days and the value agreed at the time of the conclusion of the contract depends on market fluctuations which cannot be controlled by the trader.

5.5 Product deliveries

When placing an Order, the Customer decides where the ordered Products are to be delivered.
The Customer may select one of a range of carriers (Colissimo, Chronopost etc.). The Customer may also decide to pick up the Order from the Company’s premises.
Orders are delivered to the address stated by the Customer when placing the Order. The date by which the Order will be available will be notified to the Customer before the definitive validation of the Order.
However, the notified times are approximate only.
If the ordered Products are not delivered within 10 days of the approximate date of delivery, for any reason other than a force majeure event or an act or omission of the Customer, the sale may be cancelled pursuant to a written request submitted by the Customer in accordance with the provisions set out in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code.
In such a case, the sums paid by the Customer will be refunded within fourteen days of the date of termination of the contract, without any entitlement to compensation or a deduction.
Except in special cases or if one or more Products are unavailable, the ordered Products will be delivered in one single delivery.
By placing an Order on the Website, the Customer accepts the general terms and conditions of sale and terms of use of the carriers.

The terms and conditions of sale applied by the carriers are available on their websites.

6. PASSING OF TITLE AND RISK

Title to the Company’s Products will not pass to the Customer until the price has been paid in full by the Customer, regardless of the date of delivery of the said Products.

Regardless of the date on which title to the Products passes, the corresponding risks of loss and deterioration will not pass until the Customer takes physical possession of the Products. The Products are therefore carried at the Company’s own risk.

7. CUSTOMER INFORMATION

The Customer acknowledges having received, before placing the Order, in a clear, comprehensible manner, the General Terms and Conditions of Sale and all the information and details required under Articles L. 111-1 to L. 111-7 of the French Consumer Code and, specifically:
– The essential characteristics of the Products;
– The price of the Product(s);
– The time within which the Company undertakes to deliver the Products;
– Information relating to the identity of the Company and its postal, telephone and electronic contact details;
– The right to use an out-of-court mediation procedure to resolve a dispute;
– Information about the right to cancel.

Pursuant to Article L. 3342-1 of the French Public Health Code (code de la santé publique), alcohol may not be sold to minors under eighteen (18) years of age. Any Customers placing an Order on the Website are deemed to confirm that they are 18 or over.
The Company may not be held liable, in any circumstances whatsoever, for how the Customer uses it and the Customer remains fully and solely liable for its use.

8. WARRANTIES

The Products sold on the Website comply with the regulations in force in France.

The Products supplied by the Company are covered by the following warranties, automatically and at no extra cost, without prejudice to the right to cancel, in accordance with the applicable statutory provisions:

– the statutory warranty of compliance, for Products that are patently defective, spoiled or damaged or do not match the Order,
– the statutory warranty against latent defects resulting from a defect in the materials, design or manufacture of delivered products, rendering them unfit for use.

The Customer may make a claim under those warranties by notifying the Product non-compliance to the Company, in writing, within seven days of the delivery of the Products or the discovery of the latent defects within the above-mentioned periods and return the defective Products or take them back to the store in the condition in which they were received with all other materials (accessories, packaging, instructions etc.).

The Company shall refund, replace or repair any Products or parts covered by warranty found to be non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced charge and the cost of returning the Products will be reimbursed against receipts.

Any refunds for Products found to be non-compliant or defective will be paid without undue delay and, in any event, within a few days of the Company’s confirmation of the non-compliance or latent defect.

The Products will be refunded by crediting the relevant amount to the Customer’s bank account or by bank cheque sent to the Customer.

The Company disclaims any and all liability in the following cases:

– any non-compliance with the legislation of the country to which the Products are delivered, which must be checked by the Customer,
– any misuse, use for business purposes, negligence or improper maintenance by the Customer or any normal wear and tear of the Product, an accident or a force majeure event.

The Company’s warranty is, in any event, limited to a replacement or refund of any non-compliant or defective Products.

9. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE

The Company reserves the right to amend these General Terms and Conditions of Sale at any time.
The version in force on the date of the Order will be binding on the Customer.

10. PERSONAL DATA

Information or data about the Customer is used to manage the Order and the commercial relationship. It may be transferred to any companies involved in the fulfilment of Orders, deliveries, processing and payments.
That information is also retained for safety purposes, to ensure compliance with statutory and regulatory obligations and help improve and personalise the services offerings sent to the Customer.
Pursuant to the French Data Protection Act of 6 January 1978, Customers have a right of access, a right to rectification and a right to object to the processing of their personal data. Any Customers wishing to exercise those rights should email a request to contact@italiadelizie.com, stating their full name and email address. As required under the legislation in force, the request must be signed and enclose a photocopy of a signed identity document and specify the return address. In such a case, a response will be sent within two months of the date of receipt of the request.

11. SEVERABILITY

If any provision of the General Terms and Conditions of Sale is invalidated, this will not affect the validity of the Sales Contract or the other provisions of the General Terms and Conditions of Sale, which will continue to apply and remain in full force and effect.

12. NO WAIVER

If the Company does not enforce any provision of the General Terms and Conditions of Sale, this may not be construed as a waiver of the provision in question for the future.

13. GOVERNING LAW

French law will apply, regardless of the Customer’s nationality and/or place of residence and/or the place of delivery.

14. DISPUTES

In the event of a dispute concerning the Sales Contract, the Customer, as a private individual acting as a consumer, is hereby informed that an out-of-court mediation scheme may in any event be used, including the scheme run by the Consumer Mediation Commission (commission de la médiation de la consommation) or by existing sector mediation bodies or any alternative dispute resolution method (conciliation, mediation etc.).

If no out-of-court agreement can be reached, consumers may refer the matter, free of charge, to the appropriate consumer mediator handling disputes with the relevant trader, i.e. the Association of European Mediators (Association des Médiateurs Européens – AME CONSO), within one year of the date of the written complaint sent to the Company.
The matter may be referred to the Consumer Mediator:
– by completing the special form available on the AME CONSO website: http://www.mediationconso-ame.com; or

– by sending a letter to AME CONSO, 11 Place Dauphine, 75001 Paris, France.
If no out-of-court settlement can be reached, the dispute will be referred to the appropriate French court.

CANCELLATION FORM

(To be used if you wish to cancel within 14 days of delivery only)

Addresse: SBE COM
For the attention of Ms Sylvie Bekdouche
Place Émile Désirât, Immeuble le Galion
83270 Saint-Cyr-sur-Mer, France
Telephone: +33 (0)9 50 45 04 09
Email: contact@italiadelizie.com

I hereby inform you that I wish to cancel the sales contract for the following products:

Product references:
Order date: ../../…..
Order number :
Invoice number:

Customer’s name:
Address:
Delivery address:

Date and signature of the Customer

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