Terms of Sales
Article 1 - Scope
DELIKAO, a limited liability company with a share capital of 1,000 Euros, registered with the Bordeaux Trade and Companies Register under number 901 436 394 - intra-community VAT FR22901436394, having its registered office at 22 allée des Journalistes - 33950 Lège-Cap-Ferret, publishes the online sales site www.delikao.fr .
She operates an online sales site around chocolate and well-being.
These General Terms and Conditions of Sale apply between DELIKAO and any Customer wishing to place an Order on the Site.
They govern the commercial relations between DELIKAO and Customers in the context of Sales made on the Site.
Article 2 - Definitions
For the proper understanding of these General Conditions of Sale, the terms below, beginning with a capital letter, whether singular or plural, will have the following meaning:
- " Customer " means any customer placing an Order within the meaning of these General Conditions of Sale, with a view to acquiring the Products offered for Sale on the Site.
- " Order " means the order made by the Customer on the Site published by DELIKAO.
- " Customer Account " means the account through which Customers connect to the Site to place an Order.
- " General Conditions of Sale " means these general conditions of sale which govern the Orders placed on the Site.
- " Delivery costs " corresponds to the shipping costs charged to the Customer and calculated before payment of the Order.
- " Delivery " means the delivery to the Customer of the package containing the Products ordered on the Site.
- " Basket " means the virtual basket in which the Customer places the Products ordered. The Basket must be validated by the Customer before finalizing the Order.
- “ Parties ” refers to the parties linked to the Sales contract, namely, DELIKAO and the Customer.
- " Price " means the cost of the Products offered for sale on the Site.
- " Total Price of the Order " means the overall price paid by the Customer on the Site, including the Price of the Products and the Delivery Costs.
- “ Products ” refers to the chocolates offered for sale by DELIKAO on the Site.
- " Site " means the online sales website accessible at the URL address www.delikao.fr .
- " Sale " means the sales contract concluded between DELIKAO and the Customer for any purchase of a Product via the Site within the meaning of these General Terms and Conditions of Sale.
Article 3 - Acceptance of these General Conditions of Sale
These General Conditions of Sale are accessible at any time on the Site www.delikao.fr .
The Customer acknowledges having read and accepted them before any Order by ticking the box provided for this purpose.
Any Order implies acceptance without restriction or reservation of these General Conditions of Sale.
They will prevail over any other version or other contradictory documents and conditions.
Article 4 - Creation of a Customer Account
The creation of an Account is mandatory to place an Order on the Site.
In order to create an Account, the Customer must register his email address and choose a password.
The Customer will then have to fill in his surname and first name, date of birth (not compulsory), postal address and telephone number.
Once the Customer Account has been created, the Customer will be able to connect using his identifiers, namely his email address and the password chosen when creating the Account.
If the password is forgotten, the Customer will be able to reset his password by clicking on the “ Forgot password ” link provided for this purpose on the Site.
The Customer Account allows the Customer to access his profile, to be able to modify his personal information, to access his order history, as well as his invoices.
The Customer Account can be deleted at any time by the Customer. The deletion of the Account will lead to the deletion of all the Customer's data, and this irrevocably.
Article 5 - Products
5.1. - Allergens
Before any Order, and if applicable, before any consumption of the Products marketed by DELIKAO, the Customer is invited to consult the list of Allergens accessible on the Site and on the packaging of the Product.
Indeed, the Products marketed by DELIKAO are likely to contain traces of gluten, milk, egg, sesame, peanut and other nuts.
5.2. - Product Availability
The Products offered for sale on the Site can be selected by the Customer only if the stock is available.
Article 6 - Orders
In order to place an Order on the Site, the Customer must select the Products of his choice in order to complete his Basket.
The Customer then has the possibility of going to his Basket in order to finalize his Order.
He is then asked to validate his Basket and to connect to his Customer Account or to create one in order to continue his Order.
Once connected, the Customer can access the page relating to the delivery method, and fill in the information relating to his delivery address, which may be different from the billing address.
Once the delivery method has been selected, the Customer is invited to proceed with payment and follow the online payment instructions.
Upon payment, the Customer receives a confirmation of his Order on the e-mail address provided.
This confirmation summarizes the Products ordered, their Price, the Delivery Costs, the Total Price of the order, the payment method, the Delivery method, the Delivery address and the indicative Delivery time.
The Customer is invited to check the elements mentioned on the Order confirmation in order to inform DELIKAO of any error to be rectified.
Article 7 - Price
The Prices displayed on the Site are indicated in Euros (€), All Taxes Included at the applicable VAT rate in force, and excluding Delivery Costs.
The total price of the order corresponds to the price of the products selected by the customer, to which are added the delivery costs.
Article 8 - Methods of payment
Payment for Orders is made by credit card or PayPal.
Transactions carried out on the Site are exchanged in an encrypted manner using the SSL (Secure socket layer) and TLS (Transport layer security) standard.
Payments made by the Customer will not be considered final until DELIKAO has actually received the sums due.
Any Sale made on the Site is invoiced on behalf of the Customer by DELIKAO.
Article 9 - Delivery - Reception
Orders placed on the Site can be delivered in mainland France, including Corsica.
In the event of an Order greater than 60 Euros, the Delivery Costs will be offered to the Customer.
Deliveries are made by the DELIKAO service provider to the address indicated by the Customer at the time of the Order, in insulated packaging suitable for the proper preservation of its contents.
As soon as his Order is dispatched, the Customer receives the delivery information and the tracking number for his package by e-mail.
Delivery is made by delivering the parcel to the Customer by hand within one (1) to (3) working days after confirmation of his Order.
Given the particularity of the Products sold, the Customer must make his best efforts to receive the package as soon as possible.
Upon receipt, the Customer is invited to check the condition and contents of the package.
Any difficulty must be reported to DELIKAO as soon as possible.
Article 10 - Storage of Products
The Customer is invited to refer to the packaging of the Product ordered in order to know its expiry date.
The Customer must ensure that the Products are kept dry, away from direct light, and at temperatures that may vary between 14 and 16°C.
Article 11 - Exclusion of the right of withdrawal
Any Order on the Site constitutes the formation of a Sales contract concluded at a distance between DELIKAO and the Customer.
In accordance with the provisions of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- Supply of goods likely to deteriorate or expire rapidly;
- For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Article 12 - Legal guarantees
The Customer benefits on tangible movable property, except in the case of exemptions envisaged by law, from the guarantee against hidden defects, provided for by the provisions of articles 1641 and following of the Civil Code, and the guarantee of conformity, provided for in articles L. .217-1 and following of the consumer code.
It is recalled that the consumer within the framework of the legal guarantee of conformity:
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the item.
It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
The applicable provisions of the Consumer Code are recalled below:
Article L.217-3 of the consumer code
The seller delivers goods that comply with the contract and with the criteria set out in article L. 217-5.
He responds to defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from this.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for the lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller also responds, during the same time limits, for lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer's action is the day of knowledge by the latter of the lack of conformity.
Article L.217-4 of the Consumer Code
The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
Article.L217-5 of the consumer code
I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
II. -However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or
3° That the public declarations could not have influenced the purchase decision.
III. -The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.
The applicable provisions of the Civil Code are recalled below:
Article 1641 of the civil code
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
Article 1643 of the civil code
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644 of the civil code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1648 paragraph 1 of the civil code
The action resulting from redhibitory defects must be brought by the buyer within 2 years from the discovery of the defect.
Article 13 - Intellectual property
The site www.delikao.fr , and all the elements that compose it, are protected by the regulations in force in terms of intellectual property.
These elements are the full and entire property of DELIKAO, unless otherwise stated duly specified on the site.
In the event of reproduction, representation, adaptation or use of the site or its elements, in whole or in part, and in any form whatsoever, without the prior and express authorization of DELIKAO, the offending person is liable to incur liability both on both civil and criminal.
Article 14 - Personal data
DELIKAO implements the processing of personal data as part of its activity.
As such, DELIKAO undertakes to comply with the regulations in force applicable to the protection of personal data, and in particular, Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data and Law no. 78-17 of January 6, 1978 known as the " Data Protection Act " in its amended version in force.
DELIKAO undertakes to limit the collection of Customer data to adequate, relevant and strictly necessary information for the achievement of the purposes defined below.
The personal data provided by Customers to DELIKAO will be used in the context of:
- The management of Orders, payments and Deliveries;
- Billing and accounting management;
- Commercial prospecting;
- Fulfillment of legal and regulatory obligations.
The personal data transmitted to DELIKAO by the Customer is subject to computer processing and may be used by DELIKAO and its business partners for the processing, payment, management and execution of Orders, Deliveries and customer relationship monitoring.
Personal data will be kept for the time necessary to achieve the objectives pursued. Under no circumstances will they be communicated to unauthorized persons or sold to third parties.
Any Customer proving his identity, may exercise his right of access, interrogation, limitation, modification, rectification, portability and his right to be forgotten and/or deleted in relation to all the data on re. The Customer also has a right to object to the processing of personal data, as well as a right to object to this data being used for commercial prospecting purposes.
To exercise the aforementioned rights, the Customer must send his request by e-mail to the following address: email@example.com .
The security and confidentiality of personal data is ensured by DELIKAO, which undertakes to notify any breach of personal data to the CNIL and to the persons concerned in the event of a high risk to their rights and freedoms.
The Customer may lodge a complaint with the CNIL where one of his rights is violated.
Article 15 - Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described in these General Conditions of Sale, results from a case of force majeure within the meaning of article 1218 of the civil code.
The Party noting the event must inform the other Party of the impossibility of performing its service without delay, and justify this to the latter.
The performance of the obligation will be suspended for the duration of the force majeure if it is temporary and does not exceed a period of two (2) months.
The suspension of the obligations can in no case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or late payment penalties.
As soon as the cause of suspension disappears, the Parties will make every effort to resume normal performance of their contractual obligations as quickly as possible.
If the impediment is permanent or exceeds a period of two (2) months, the Contract will be terminated automatically, without right to compensation on either side, unless the Parties agree, if necessary, on the terms of pursuit. of their relationships.
Article 16 - Tolerance
The fact that DELIKAO does not avail itself of one of the rights resulting from the General Conditions of Sale cannot be interpreted as a waiver on its part of the proceedings.
Article 17 - Partial nullity and independence of clauses
If one or more stipulations of these General Conditions of Sale were to be considered invalid or declared as such in application of the law or of a court decision having the force of res judicata, this nullity would not entail the nullity of the others. provisions which will remain in force.
In the event of cancellation of one of the stipulations of this Contract, the Parties shall endeavor to negotiate an economically equivalent clause.
Article 18 - Applicable law - Settlement of disputes
These General Conditions of Sale are governed by French law.
They are written in French.
In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
In the event of a dispute relating to the validity, interpretation, execution or non-execution of these General Conditions of Sale, the Parties shall endeavor to resolve it amicably.
If the Client's request remains unanswered, or does not succeed, the Client may have recourse to mediation within one year of the request sent to the professional, and send his request for amicable settlement free of charge to:
39 avenue FDRRoosevelt, 75008 Paris
In the absence of an amicable agreement, the dispute will be submitted to the courts according to the rules of jurisdiction in force.
Article 19 - Amendments
DELIKAO reserves the right to modify the content of these General Conditions of Sale at any time.
Any new version of the General Conditions of Sale will replace the previous version and will be binding on the Customer as soon as it is posted on the Site and applicable to any new Order.
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