Preamble
The following provisions establish the general conditions of sale of the products offered by FARAFINAH FOOD on its website, accessible at the following address: https: //www.farafinahfood.com/
Any order for a product offered for sale on the FARAFINAH FOOD brand website implies acceptance of these terms and conditions of sale.
Please read the following clauses carefully.
When evaluating the products offered by the http://www.farafinahfood.com website, users undertake to keep all language and expression to a minimum.
Article 1: Identification
FARAFINAH FOOD is a one-person company registered under number Address of registered office: Punt Sniep 618 1112AD Diemen Netherlands
Contact: hello@farafinahfood.com
Hosting: The farafinahfood.com website is hosted by wordpress Concept and production: This website was created using the WordPress solution.
Article 2: Purpose
These general conditions of sale apply without restriction or reservation to all online sales offered by FARAFINAH FOOD on the website http://www.farafinahfood.com (hereinafter: the "Site").
The purpose of these terms and conditions is to define the terms and conditions of the sale and delivery of Products, and to define the rights and obligations of the parties in this context. They take precedence over all other general or special conditions, in particular purchase conditions, not expressly approved by Farafinah Food. They may be supplemented, where applicable, by conditions of sale or use specific to certain Products or services, which supplement the present general conditions and, in the event of contradiction, prevail over the latter.
Any Internet user may consult the General Terms and Conditions of Sale on the Site. They are accessible and printable at any time via a direct and permanent link on the site. These General Terms and Conditions of Sale may be subject to change. The applicable conditions are those in force on the site at the time your order is placed.
Article 3: Product characteristics
Before placing an order, FARAFINAH FOOD recommends that the Buyer read the nutritional information, instructions for use and contraindications for each Product on the Site.
FARAFINAH FOOD is not responsible for and will not refund the Product in the event of allergy to any of the components displayed on the Site.
The labelling and advertising of all Products sold comply with the standards in force on French territory and with Community legislation.
FARAFINAH FOOD recommends that the Buyer complies strictly with the advice for use, precautions for use and contraindications of the Products appearing on the Site.
The photographs, representations and descriptions of the Products on the Site are as accurate as possible.
They only commit FARAFINAH FOOD for what is precisely indicated.
Article 4: Contract
4.1 Conditions for placing an order
Prior to placing an order, the Buyer ensures that he/she has full legal capacity, enabling him/her to commit to the present terms and conditions. Any Buyer who does not agree to be bound by these terms and conditions must not place an order on the Site.
4.2 Contract conclusion stages
The Buyer may browse the Site and place an order. To place an order, the Purchaser must select the Products of his/her choice and place them in his/her shopping basket.
The Buyer can access the basket summary at any time before the order is definitively validated, and can correct any errors in the elements entered.
As part of the order process, the Purchaser is asked to provide his or her contact details for delivery and billing purposes. All fields marked as mandatory must be filled in. Orders that do not include all the required information cannot be validated. The Buyer guarantees that all information given on the order form is accurate, up-to-date and sincere, and is not misleading.
He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.
After placing an order, the Buyer will receive an e-mail confirming the order.
The Purchaser must ensure that the contact details provided when ordering or updating his/her Account are correct and that they enable him/her to receive the order confirmation e-mail. If the Buyer does not receive the confirmation e-mail, he/she should contact FARAFINAH FOOD at the above address.
FARAFINAH FOOD recommends that the Buyer retain the information contained in the order confirmation.
We inform the Buyer by e-mail of the dispatch of his/her items. This e-mail constitutes our acceptance of his order and thus forms the sales contract between the Buyer and the site.
These steps apply regardless of the purchase procedure on the site.
Nevertheless, if, despite our vigilance, the products prove to be temporarily unavailable (out of stock, reissue, etc.) after the order has been placed, we will inform the Buyer by e-mail and invite him to cancel or modify his order.
If the products prove to be definitively unavailable (exhaustion of stock, stop of manufacture or reissue, etc.) after ordering, we will automatically cancel the order and inform the Buyer by e-mail.
4.3 Account creation
After placing an order, the Buyer is offered the possibility of creating an account via a third-party account or by entering a password (hereinafter referred to as the "Account"), which enables the Buyer to access previous orders. The Buyer undertakes to update his/her account information in the event of any modifications (in particular: change of address).
The Buyer is responsible for maintaining the confidentiality of his/her password. He/she must immediately contact FARAFINAH FOOD at the address mentioned in article 2 hereof if he/she notices that his/her Account has been used without his/her knowledge. The User acknowledges that FARAFINAH FOOD has the right to take all appropriate measures in such a case.
Article 5. Prices and payment terms
5.1 Prices
For online orders, the sale prices of Products are indicated on the Site.
They are indicated in euros, including all French taxes (French VAT and other applicable taxes).
They do not include any delivery charges that may apply to Products shipped, which are invoiced in addition to the price of the Products purchased, in accordance with the terms and conditions set out in article 5. The amount of delivery charges applicable will be indicated before the order is validated by the Buyer.
For products shipped outside the European Union, the price will be invoiced after deduction of VAT.
Warning: Outside the European Union, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to the Company. These duties and taxes, the exact amount of which FARAFINAH FOOD cannot determine in advance and cannot therefore inform the Buyer prior to placing the order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any related declarations and/or formalities.
The applicable price is that displayed on the Site at the time the Buyer's order is registered.
5.2 Payment
The full price of the products and any applicable delivery charges are payable when the order is placed. Payment can be made online:
- By credit card
- or by any other means proposed on the Site at the time of ordering.
The Buyer guarantees FARAFINAH FOOD that he/she has the necessary authorisation to use the chosen method of payment.
FARAFINAH FOOD reserves the right to suspend or cancel any order and/or delivery, in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud.
Penalties equal to one and a half (1.5) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of bank payment rejection.
FARAFINAH FOOD retains full ownership of the Products sold until full payment has been received.
Article 6. Delivery
Products are delivered to the address indicated in the Buyer's order as the "delivery address" (which may be different from the billing address).
Different delivery methods are possible, depending on Product category, size and weight. Delivery can be made to the delivery address indicated on the site, or to a relay point. The Purchaser is informed at the time of ordering of the delivery methods available for the Product(s) ordered, and of any charges corresponding to each of these methods. The Purchaser must select the desired delivery method and provide all the information required for effective delivery of the Product by this method.
Delivery is normally made within 7 (seven) working days of the order being placed, unless otherwise stated in the confirmation email or on the website. In the event of a delay of more than 30 (thirty) days in relation to the usual 7 (seven) working days, not justified by force majeure, and in the absence of receipt of the Products, the Buyer may cancel the order by registered letter with acknowledgement of receipt sent to the address mentioned in article 2 and obtain a full refund of the sums paid within 30 (thirty) days, to the exclusion of any other compensation. In the event of delivery of the products ordered, the purchaser must return the said Product in its original unopened packaging and without any deterioration to FARAFINAH FOOD in order to obtain a full refund.
It is the Buyer's responsibility to check the condition of the package in the presence of the deliveryman or carrier. Any anomaly upon receipt must be reported to the deliverer in the "Reservations" section of the delivery note. In addition, recipients undertake to notify hello@farafinahfood.com within 48 hours in order to initiate a reimbursement procedure with the carrier.
Article 7. Right of withdrawal
With the exception of perishable goods, the Buyer who is not satisfied with the products ordered on the farafinahfood.com website may exercise his right of withdrawal within 14 clear days, with the exception of books, from receipt of the goods ordered or the service, as described in Article L.121-20 of the French Consumer Code.
The customer returning the product within this period has the right to an exchange or refund of the price of the product ordered. Delivery charges for returned products remain at the customer's expense.
Products must be returned in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.) and duly sealed.
Returned packages should be sent to :
FARAFINAH FOOD
Punt Sniep 618
1112AD Diemen
Netherlands
In the event of exercising the right of withdrawal, FARAFINAH FOOD undertakes to reimburse the customer the sums paid free of charge within a maximum period of 30 days, if the products are returned in their original packaging and are intact.
PS: we do not take back books.
Article 8. Personal information
For the proper processing of the order, the personal data collected will be subject to computer processing, the customer acknowledges having knowledge thereof.
In this respect, information concerning the customer may be communicated to FARAFINAH FOOD's commercial partners for the sole purpose of fulfilling the order and delivering the products.
Under no circumstances will FARAFINAH FOOD communicate its customers' personal information to third parties for commercial purposes without the customer's permission.
The customer has the right to access and rectify any information concerning him/her contained in FARAFINAH FOOD's files.
Article 9. Liability
FARAFINAH FOOD is in no way responsible for the content of Users' Profiles on the Site, for updating them or for their relevance. In general, FARAFINAH FOOD does not guarantee that the information provided by Users is accurate.
FARAFINAH FOOD declines all responsibility in the event of any loss of information accessible in the Buyer's Account, as the Buyer must save a copy and may not claim any compensation in this respect.
The Buyer is expressly informed and accepts that the Site may contain bugs or errors and is subject to regular modifications.
FARAFINAH FOOD provides the Buyer with no guarantee as to the suitability of the Products to the Buyer's needs, expectations, particularly in terms of taste or constraints.
FARAFINAH FOOD does not warrant any results or effects from the use of the Products.
FARAFINAH FOOD cannot be held responsible for the non-performance or delay in the performance of its obligations due to force majeure or total or partial disruptions or strikes, in particular of the postal services, carriers or means of communication.
FARAFINAH FOOD undertakes to carry out regular checks to verify the operation and accessibility of the Website. FARAFINAH FOOD therefore reserves the right to temporarily interrupt access to the Website for maintenance purposes. Similarly, FARAFINAH FOOD cannot be held responsible for temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure or disruptions to telecommunications networks.
In any event, FARAFINAH FOOD's liability under these Terms and Conditions is expressly limited to proven direct damage suffered by the Buyer.
Article 10. Intellectual property rights
Access to this Site confers on the Buyer a specific and non-exclusive right of use (linked to his activity as a catering professional) of this Site.
All elements published on this Site, including in particular texts, photographs, logos, illustrations, trademarks and signs are the property of FARAFINAH FOOD France, its affiliated companies or are used with the prior authorization of the owner concerned. They constitute intellectual works within the meaning of the French Intellectual Property Code and are therefore protected by intellectual property rights.
All elements published on this Site, in particular photographs, logos, illustrations, trademarks and signs that are the property of FARAFINAH FOOD, may be reproduced by the Buyer for the sole purpose of promotion. Consequently, any use, modification, alteration, partial or total reproduction and, more generally, any exploitation or use outside the above-mentioned framework, is prohibited and requires the express prior authorization of FARAFINAH FOOD to the Buyer. In this respect, the Buyer undertakes to use the elements published on this Site, including in particular the texts, photographs, logos, illustrations, brands and signs, in strict compliance with FARAFINAH FOOD's brand image and to comply, where applicable, with any instructions that FARAFINAH FOOD may communicate to it.
Any total or partial representation of this Site by any process whatsoever, without the express permission of the publisher, would constitute an infringement punishable by Article L 335-2 et seq. of the Code of Intellectual Property.
All elements of this site, such as text, graphics, logos, button graphics, images, photos and software are the property of FARAFINAH FOOD.
Product photos are not contractual. These elements are protected by French and international intellectual property laws.
The code, layout and assembly of all or part of an element of this site is the exclusive property of FARAFINAH FOOD.
Any use, including the reproduction even partial, the modification, the distribution, the transmission, the posting of the contents or any of the elements of this site is strictly prohibited without written agreement of the company FARAFINAH FOOD. Any breach of this protection will be prosecuted.
If you wish to use photos or text from this site, please contact us at hello@farafinahfood.com.
FARAFINAH FOOD reserves the right to take legal action for infringement against any person who violates the provisions of this article.
Article 11. Prohibited behaviour
The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into FARAFINAH FOOD's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any action likely to prejudice the financial, commercial or moral rights and interests of FARAFINAH FOOD or the users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed and finally more generally (viii) any breach of these terms and conditions or the laws and regulations in force.
Likewise, it is strictly forbidden to monetize, sell or grant access to all or part of the Site or the information it contains.
In the event of failure to comply with any of the provisions of this article or, more generally, infringements of laws and regulations, FARAFINAH FOOD reserves the right to take all appropriate measures and to initiate any legal action.
Article 12. Personal data
The Company has a policy of protecting personal data, the characteristics of which are set out in the document entitled "Personal Data Protection Charter", accessible on the Site on the "Confidentiality" page, which the Buyer is expressly invited to read.
Article 13. Links and third party sites
FARAFINAH FOOD shall in no event be held responsible for the technical availability of websites or mobile applications operated by third parties (including any of its partners) to which the Buyer may have access via the Site.
FARAFINAH FOOD assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.
FARAFINAH FOOD is not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any of its partners) to whom the Buyer may be directed via the Site and shall not be a party to any disputes with such third parties concerning the delivery of products and/or services, warranties, representations or other obligations of any kind to which such third parties are bound.
Article 14. Advertising
FARAFINAH FOOD reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions to be determined by FARAFINAH FOOD.
Article 15. Modifications
FARAFINAH FOOD reserves the right to modify these terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of validation of the order by the Buyer.
Article 16. Applicable law
The parties agree that these terms and conditions of sale are governed by French law.
Article 17. Settlement of disputes
In the event of a dispute arising from the present contractual relationship, the parties undertake to seek an amicable solution before taking any legal action.
In the absence of an amicable agreement, any dispute relating to the interpretation or execution of these general terms and conditions of sale will be referred to the competent French courts.
Article 18. Force Majeure
The parties shall not be held liable or in breach of their contractual obligations where failure to perform their respective obligations is due to force majeure.
The following are considered to be cases of force majeure: strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of production or other premises and installations, manufacturing incidents, disruptions in transport, supply difficulties, customs measures of any nature or origin whatsoever, or any other fortuitous event which prevents or delays in whole or in part the performance of FARAFINAH FOOD's obligations.
Article 19. Partial invalidity
Should one or more provisions of these general terms and conditions of sale be deemed unlawful or invalid, such invalidity shall not entail the invalidity of the other provisions of these terms and conditions, which shall remain in full force and effect.
Article 20 - Cookies
We would like to install a cookie on your computer. This cookie does not enable us to identify you; however, it records information relating to your computer's browsing on our site for statistical purposes (pages consulted, date and time of consultation, etc.), which we can read during your subsequent visits. This information may be stored on your computer for 30 minutes, 6 months or 2 years.
Please note that you can prevent cookies from being saved by configuring your browser as follows:
- For Mozilla Firefox :
Choose the "tools" menu, then "options", click on the "privacy" icon, locate the "cookie" menu and select the options that suit you.
- For Microsoft Internet Explorer :
Select the "Tools" menu, then "Internet Options". Click on the "Confidentiality" tab and use the slider to select the desired level.
- For Safari :
Choose the "Preferences" menu, click on the "Security" tab and select the desired option.
Article 21. Entry into force
These terms and conditions come into force on 25.03.2023.