Article 1: Scope
The present terms and conditions are concluded between:
The company CMR, SARL registered with the RCS Paris 534 149 984, whose head office is located at 71 avenue du Roule - 92200 Neuilly S / S and whose website is www.laboxdeschefs.com whose main activities are the development, commercializing, the conditioning and delivery of groceries and associated products, for the delivery of boxes (or box) ", hereinafter referred to as " LA BOX DES CHEFS " And Any physical person visiting and / or wishing to make a purchase via the website www.laboxdeschefs.com accessible via the url www.laboxdeschefs.com, hereinafter called "THE CLIENT".
Any registration on the Site implies acceptance of these general conditions (the "General Conditions"), which the Customer acknowledges having read, understood and accepted without reservation and in full knowledge of the facts.
The Customer has the option to save or edit these terms and conditions of sale using the standard features of his browser or computer. This backup or edition of the general conditions of sale and services is his sole responsibility.
These conditions are intended to define the terms of distant sales between La Box des Chefs and the Customer, from order to payment and delivery. These General Conditions of Sale in force are applicable to any subscription on the Site on the day of subscription. The Customer declares to have full legal capacity to engage under these Terms and Conditions of Sale and not to purchase products for resale.
La Box des Chefs reserves the right to update at any time these General Conditions of Sale in order to adapt them in particular to national or European legislation and regulations, product evolution, strategic developments and changes in its internal processes. The General Conditions are freely available to the Customer on the website www.laboxdeschefs.com.
Article 2: The Service
La Box des Chefs offers via the Site (www.laboxdeschefs.com), to send to the Customer a Box (the "Service") (11 boxes per year - there is no delivery in August), in order to allow the chefs and manufacturers of groceries included in the Box (the "Products") to promote the identity of these Products and Customers to discover and test new grocery products, assimilated and associates.
Article 3: Availability and Access to the Service
The services of the website www.laboxdeschefs.com are normally accessible to Customers 24 hours a day, 7 days a week and all year long, except in case of maintenance, voluntary interruption or not, regardless of the cause. Being subjected to an obligation of means by its activity, La Box des Chefs can not be held responsible for any damage, whatever its nature, resulting from a unavailability of the site.
Article 4: Geographical area
The Box sending service is available via www.laboxdeschefs.com only in Metropolitan France and Corsica, in French. For logistical reasons, La Box des Chefs is not able to consider subscriptions requests outside these geographical areas.
Article 5: Subscription to the Service
The Service is reserved for Customers who have subscribed to one of the different subscriptions offered on the website www.laboxdeschefs.com
To allow to La Box des Chefs a good administration and management of shipments, the Customer must fill out a form with his personal data. The Customer must check the accuracy and conformity of the information provided to La Box des Chefs. La Box des Chefs cannot be held responsible for the consequences of any erroneous data or errors of seizure possible.
When the Customer confirms his payment within the framework of the Service by clicking on the icon "Validate your payment", he acknowledges to have read the content and conditions of the Order and of these Conditions of Sale and accept them without exception neither reserves.
La Box des Chefs will then confirm the Order by sending an email to the Customer at the email address indicated by the Customer. In the event of an error in the entry of the e-mail address concerned, or of non-receipt of the order confirmation by e-mail message, CMR La Box des Chefs cannot be held accountable. In this case the sale will be considered final, except in cases of cancellation of the Order by La Box des Chefs, especially for unavailability of products. The Customer may nevertheless exercise his right of withdrawal in accordance with Article 11 of these General Terms and Conditions of Sale.
From the receipt by La Box des Chefs of the confirmation of the subscription of the Customer, the subscription will be considered as subscribed. The acceptance of the offer by the Customer is validated by the confirmation of the order.
Article 6: Rates and payment
The prices of the Service appearing on the website www.laboxdeschefs.com are indicated in euros all taxes included, being understood that the subscriptions are invoiced at the prices in force at the time of the confirmation of the subscription subscribed.
The payment of services and products is done by credit card in direct payment or levy. All orders are payable in euros.
Prices may be changed by La Box des Chefs at any time and the modification will then be notified to the Customer prior to any subscription or renewal of subscription, while guaranteeing the Customer the application of the price in effect on the day of the order.
The sale prices exclude shipping costs, which are charged in addition to the subscription price. The additional shipping costs are indicated before the order and the order confirmation made by the Customer. The Customer's contribution to shipping costs is € 4.99 per box (TTC) regardless of the subscription plan.
Payments made by credit card via the partner of La Box des Chefs Stripe company, will be secured by a data encryption procedure to prevent the interception of this information by a third party.
Payment of the sums due is made by means of a bank payment card. As such, the Customer must indicate his credit card number, the validity date and the last three digits on the back of the card. The Customer guarantees La Box des Chefs that he / she is fully authorized to use the payment card for the payment of his / her subscription and that these means of payment legally give access to sufficient funds to cover all the costs resulting from the selected subscription on the site. La Box des Chefs cannot be held responsible for fraudulent use of the means of payment used.
In accordance with the regulations in vigour La Box des Chefs does not keep the members’ bank details. The Box des Chefs reserves the right to modify the prices of services and products available on the website www.laboxdeschefs.com. Changes are only valid for new service subscriptions, orders already paid, and current subscriptions will not be affected by rate changes.
Article 7: Box Content
The Customer declares and agrees to subscribe to a subscription to receive a Box, namely a box of 5 to 7 delicatessen products made or recommended by Chefs. Part of the selection of these products is available every month on www.laboxdeschefs.com.
The information related to the products as indicated on the website www.laboxdeschefs.com, in the boxes and on the packaging of these products are those communicated to La Box des Chefs by the manufacturers, suppliers or distributors of these products. La Box des Chefs cannot be held responsible for any consequence related to this information. The content of the Box is indicated on the site to allow the Customer to appreciate the type of products contained in the Box but it is by no means exhaustive.
The Customer is expressly informed that La Box des Chefs is not the manufacturer of the products presented as part of the Service, within the meaning of Law L98-389 of 19 May 1998 on the responsibility for defective products. Also, in the event of damage caused to a person or to a good by a defect of the product, the Customer could only seek the responsibility of the manufacturer of the product.
Boxes presented by La Box des Chefs each month on the website www.laboxdeschefs.com are valid as long as they are visible on the site and within the limits of available stocks.
If the Box is unavailable after the Customer has subscribed to a subscription, the Customer will be notified by email and will not be charged. The Customer's subscription will then be postponed to the next Box unless the Customer notifies La Box des Chefs that he wishes to cancel his subscription in response to the email informing him of the unavailability. In this case, La Box des Chefs cannot be held responsible for any damage suffered by the Customer, nor held to any damages.
If some products of the Box prove unavailable, they will be replaced by products of the same range and equivalent price from the initial offer.
The products comply with the French legislation in vigour on the date of their delivery. The photographs, graphics and product descriptions on the website www.laboxdeschefs.com are only indicative and do not commit CMR La Box des Chefs.
Article 8: Box Delivery
As indicated in Article 4, the delivery is operational in Metropolitan France and Corsica. Boxes will be delivered to the address indicated by the Customer on the Site at the time of the order, according to the delivery method chosen by the Customer on the Site (except for August).
In the event of absence of the Customer during the delivery, a second delivery will be done gracefully following the forwarding at La Box des Chefs. In the event that the Box could not be delivered because of the Customer's absence or because of an erroneous or imprecise information regarding the time and the place of delivery, the responsibility of La Box des Chefs can not be engaged, the Box of the Chefs will keep the paid sums and will be entitled to demand the payment of all the additional expenses.
If the Box is not delivered on the date or the expiry of the period indicated by the Box of the Chefs, the Customer can, after unsuccessfully enjoining the Box of the Chefs to execute his obligation of delivery within a reasonable additional time, put an end to his subscription by email and / or by registered letter with acknowledgment of receipt.
In case of change of desired delivery location, the Customer is required to notify La Box des Chefs before the 15th of the month of the month preceding the expedition by modifying his details on his account. Otherwise, the Box will be sent to the address appearing on the Customer's account and the responsibility of La Box des Chefs cannot be engaged for the delays of delivery and the consequences that could result from it.
La Box des Chefs reserves the right to suspend or cancel any subscription and / or delivery, whatever its nature and level of execution, in case of total or partial non-payment or non-collection of any sum which would be due by the Customer or in the event of a payment incident or payment dispute, or in the case of fraud or attempted fraud relating to the use of the Site, including on the occasion of a previous subscription.
The risk of loss or damage to the Boxes is transferred to the Customer at the moment when he, or a third party designated by him, takes possession of the Box. It is the responsibility of the Customer to make any claim under the provisions of the article "Failure of compliance of the Box" below to allow La Box des Chefs to exercise any action against the provider in charge of delivery.
The Boxes remain the property of La Box des Chefs until their complete payment by the Customer.
Article 9: Failure of the Box conformity
All reservations on the Box and its contents must be notified by email to email@example.com within 48 hours from the reception of the Box. The customer will then have 7 days to return the Box and its contents in their original packaging. The defectiveness of the Box proved, the Customer will be able to obtain a new Box within the limits of available stocks. If the Box is no longer available in stock, the Customer can obtain the Box of the following month free of charge.
In addition, the proven defect of the Box cannot give rise to other compensation. In any case, the responsibility of La Box des Chefs is limited in all cases to the monthly value of the subscription or the order. To obtain the refund in these conditions, the Customer must imperatively notify his choice to be refunded within thirty (30) days.
Article 10: Retraction
In accordance with the applicable texts in force of the Consumer Code and in the context of distance selling, the Customer has a withdrawal period of fourteen (14) clear days.
As part of the Service, this period begins to run from the confirmation of Order by La Box des Chefs. The notification of retraction must be made by registered mail with acknowledgment of receipt sent to CMR at the address mentioned in article 1 of these General Terms and Conditions of Sale.
The product or products must be returned in their original state and packaging. Any incomplete or damaged product and / or damaged packaging will not be returned, exchanged or refunded. Indeed, the order concerning the product, its box and the rest of the content, the return of the complete Box is imperative.
Where applicable, La Box des Chefs will refund the Customer who has notified within the time limit the exercise of his right of withdrawal within a maximum of thirty (30) days from receipt of the notice of withdrawal. The Client's account will be re-credited with the amount debited.
Article 11: Gift Card
CMR La Box des Chefs allows Customers to offer a subscription to La Box des Chefs for a period of [1, 3, or 6 months]. The Customer selects "Offer" and chooses the desired subscription form. The online ordering process then follows the process of any conventional subscription, the subscription to be offered (the "Gift Card") being the product mentioned in the Customer's shopping cart. The Gift Card is neither exchangeable nor refundable even partially including the end of validity. It cannot be used multiple times.
The confirmation of the purchase of the Gift Card is sent by email. The Customer chooses whether he wishes to receive the activation code so that he can then send it to the person of his choice, or he sends the activation code and a personalized message directly to the chosen recipient. The person to whom the Customer offers a subscription will have to activate his subscription with the code received. The customer benefiting from the gift must then register on the Site, provide all his data, accept the Terms and Conditions and then he can enter his gift card activation code which has been communicated to him to trigger the box shipment. Note that activating a Gift Card triggers the shipment of the box the following month (M + 1).
Article 12: Intellectual Property
All the elements reproduced on the site www.laboxdeschefs.com, including but not exclusively texts, comments, works, illustrations, images and trademarks are protected by intellectual property rights. Any total or partial reproduction of the elements accessible on the site www.laboxdeschefs.com is strictly prohibited.
Article 13: Proof and signature
The Customer must maintain the security of its online transactions for example by not communicating to anyone his username and / or password. La Box des Chefs cannot be responsible for the disclosure of the information concerning the Customer to any individual having used his username and / or his password.
As such, the use of the identifier and / or the password of the Customer will be worth proof of its identity, and payment, the validation and / or modification of the Order, and the corresponding sums. La Box des Chefs will not in any way be held responsible for the fraudulent use of this information. The supply of the credit card number and the confirmation of the Order will be proof of the acceptance of the said Order and will be worthy of the sums committed by the seizure of the products appearing on the Order.
The Customer acknowledges the validity and probative force of the exchanges and electronic recordings kept by the Box of the Chefs and admits that these elements receive the same convincing force that a writing handwritten and signed according to the Law n ° 2000-230 of the 13 March 2000 on the adaptation of the law of evidence to information technology and relating to electronic signatures.
Article 14: Disabling the customer account
Any non-compliance by the Customer with the obligations subscribed under these General Conditions, any incident of payment of the price of an order, and any delivery of erroneous information during the creation of the account or acts likely to harm the interests of La Box des Chefs, may result in the suspension of access to services offered on the Site or, depending on the seriousness of the acts, to terminate the subscription and account of the Member without any damages claim possible to La Box des Chefs.
The company also reserves the right to refuse to contract with a Client who has been excluded or sanctioned for such acts, even if he uses a new account.
Article 15: Subscription to the Newsletter
By accepting these General Conditions of Sale when subscribing to one of the subscription forms or an order on the Site, the Customer authorizes La Box des Chefs to send him emails to the address he has filled in during his subscription or his order.
Unsubscribing to the newsletter is possible and made available via an html link, on each email sent.
Article 16: Customer Service
For any general information or question, a Frequently Asked Questions section is available on the Site.
For any specific question, the customer service is accessible by email to the address firstname.lastname@example.org or via the contact form available on the Site, in the "Contact us" section.
Article 17: Force majeure
CMR la Box des Chefs cannot be held liable for total or partial contractual non-performance resulting from an event of force majeure beyond our control.
Article 18: Safeguard clause
If one or more stipulations of the present General Conditions of Sale were declared invalid according to a law or regulation or a final court decision, the other stipulations would keep force and scope.
Article 19: Advertising on the website
At any time, La Box des Chefs may decide to place advertising space on the Website. La Box des Chefs enjoys a total freedom when it comes to the choice of these announcers, the types of visualization of advertisements but also of their position on the site.
Article 20: Changes to the General Conditions of Sale
CMR Box des Chefs reserves the right to modify and update the Terms and Conditions without notice. A notification will be made on the Site and / or by email to inform the Clients and users of the Site in case of modification of these Terms and Conditions and containing a link to the new version. Any subscription will be subject to the Terms and Conditions in force at the time of subscription.
Article 21: General Provisions
Contracts between the Client and the company Box des Chefs and / or its successors and assigns are binding between the parties.
Contracts, rights and obligations of Customers may not be assigned or transferred without the prior written consent of La Box des Chefs.
Contracts, rights and obligations of CMR la Box des Chefs may be assigned or transferred at any time without prior consent of the Customer.
Partial invalidity - If one or more stipulations of the General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the others stipulations will retain all their strength and reach.
Non-Waiver - The fact that one of the Parties does not rely on the other Party for any breach of any of the obligations referred to in these GTS can not be interpreted for the future as a waiver of the obligation in question.
Applicable law and competent jurisdiction - The General Conditions and the execution of the Service are subject to French law.
Any dispute relating to the execution of the Service or to the interpretation of these General Conditions may be brought before the Consumer Ombudsman, as provided for by the L6111 and following provisions of the Consumer Code and as indicated in the tab " Mediation "on the Site. Failing agreement through this procedure, the dispute will be submitted to the competent court from the place where the User lives, or the place of execution of the service, or the place where the harmful event took place or the place where the damage was suffered, at the Customer's choice.
Article 22: Personal data
The Website accessible via the url www.laboxdeschefs.com has been declared to the CNIL under number 2134174.
The information you are requested to transmit is necessary to allow you to benefit from a customer area and to process your orders. As such, certain information may be communicated to our partners to ensure the effectiveness of delivery.
You are informed that all personal data collected will be subject to an automated treatment whose controller is La Box des Chefs.
This information is intended for CMR la Box des Chefs, responsible for processing. Thus, La Box des Chefs does not communicate to thirds your personal data unless there is for CMR La Box des Chefs a legal obligation to diffuse these data.
However, it may provide your personally identifiable information, data generated by cookies and aggregated information to suppliers and service agencies that the CMR La Box des Chefs may engage to help provide you with its services. These third parties will be required to use your personally identifiable information only as part of the services they provide to La Box des Chefs.
Finally, in case of a merger or redemption of the Site, personal data may be transmitted to the buyer or the merging company, after you have been informed by mail and by clear warning on the Site.
The personally identifiable information collected as part of your use of the Site may be stored in France or in any country providing an adequate or sufficient level of protection of privacy and the fundamental rights and freedoms of individuals. By using the Site, you expressly agree to the transfer to France and elsewhere of personally identifiable information that you provide to CMR la Box des Chefs.
In accordance with the law n ° 78-17 of January 6th, 1978, you benefit from a right to access, to interrogate, to modify, to correct and to suppress the data concerning you as well as a right of opposition for legitimate motive and commercial prospecting.
Article 23: Applicable Law
These General Terms and Conditions of Sale are subject to applicable French law regardless of the Client's country of residence and the place of conclusion of the contract.
The Customer acknowledges that the communications and computerized records of the Site will be considered by the parties as proof of exchanges, orders, payments and transactions between the parties unless proven otherwise.
However, in case of dispute or claim, the consumer will first contact La Box des Chefs to obtain an amicable solution.