Preamble
The following provisions establish the general conditions of sale of products offered by the company FARAFINAH FOOD on its website, accessible at the following address: https: //www.farafinahfood.com/
Any order of a product offered for sale on the website of the brand FARAFINAH FOOD implies acceptance of these general conditions of sale.
We therefore invite you to read the following clauses carefully.
When evaluating the products offered by the site http://www.farafinahfood.com, users agree to keep all measures of language and expression.
Article 1 : Identification
FARAFINAH FOOD is a one-person company registered under number Punt Sniep 618 1112AD Diemen The Netherlands
Contact: hello@farafinahfood.com
Hosting: The farafinahfood.com website is hosted by the wordpress company 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 the present general conditions is to define the terms and conditions of the sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context. They prevail over any other general or special conditions, including purchase, not expressly approved by Farafinah Food. They can be completed if necessary by particular conditions of sale or use for certain Products or services, which complete the present general conditions and, in the event of contradiction, prevail on the latter.
Any Internet user can read the General Terms and Conditions of Sale on the site. They are accessible and printable at any time by a direct and permanent link on the Site. These General Terms and Conditions of Sale may be subject to change, the conditions applicable are those in force on the site at the date of placing your order.
Article 3 : Characteristic of the products
Before placing an order, FARAFINAH FOOD recommends that the Buyer take note, on the Site, of the nutritional information, instructions for use and contraindications of each Product he/she wishes to order.
FARAFINAH FOOD is not responsible and will not refund the Product in case 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 strictly complies with the advice of use, precautions for use and contraindications of the Products listed 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
The Buyer ensures, prior to his order, that he has full legal capacity, allowing him to commit himself under these general conditions. The Buyer who does not agree to be bound by the present general conditions must not place an order on the Site.
4.2 Steps in concluding the contract
The Buyer can browse the Site and place an order. To place an order, the Buyer must select the Products of his choice and place them in his basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
As part of his order, the Buyer is invited to provide his contact information for delivery and billing purposes. He must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all the required information cannot be validated. The Buyer guarantees that all the information he/she provides in 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 from their validation.
After placing an order, the Buyer will receive an email confirmation of the order.
The Purchaser must ensure that the details he/she provided when ordering or updating his/her Account are correct and that they allow him/her to receive the order confirmation email. If the Buyer does not receive it, the Buyer must contact FARAFINAH FOOD at the address mentioned above.
FARAFINAH FOOD recommends that the Buyer keeps the information contained in the order confirmation.
We inform the Buyer by e-mail of the sending of his articles. This e-mail constitutes our acceptance of his order and thus forms the contract of sale between the Buyer and the site.
These steps for concluding the contract 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 his order, we will inform the Buyer by e-mail and invite him to cancel or modify his order.
If the products prove to be permanently unavailable (out of stock, stop of manufacturing or reissue, etc.) after ordering, we will automatically cancel the order and inform the Buyer by e-mail.
4.3 Account creation
At the end of his order, the Buyer is offered the possibility to create an account through a third party account or by providing a password (hereafter: the "Account"), which allows the Buyer to access his previous orders. The Buyer agrees to update his account information in case of modifications (notably: change of address).
The Buyer is responsible for maintaining the confidentiality of his password. He must immediately contact FARAFINAH FOOD at the address mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. The User acknowledges that FARAFINAH FOOD has the right to take all appropriate measures in such cases.
Article 5. Prices and payment terms
5.1 Prices
In the case of an online order, the sale prices of the 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 the Products shipped, which are invoiced in addition to the price of the Products purchased, in accordance with the terms and conditions set forth in Article 5. The amount of the applicable delivery charges will be indicated before the validation of the order by the Purchaser.
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 charged upon receipt of the package by the Buyer, in addition to the price paid to the Company. These duties and taxes, which FARAFINAH FOOD can not determine in advance the exact amount and therefore can not inform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and / or formalities relating thereto.
The applicable price is the one displayed on the Site at the time the Buyer's order is registered.
5.2 Payment
The total price of the products and the applicable delivery charges are due at the time of ordering. Payment can be made online:
- By credit card
- or by any other means that will be proposed on the Site at the time of the order.
The Buyer guarantees FARAFINAH FOOD that it has the necessary authorizations to use the method of payment chosen.
FARAFINAH FOOD reserves the right to suspend or cancel any order and / or delivery in case of non-payment of any amount due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud.
Penalties of an amount equal to one and a half (1.5) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment.
FARAFINAH FOOD retains full ownership of the Products sold until full payment is received.
Article 6. Delivery
The Products are delivered to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address).
Different delivery methods are possible, depending on the categories of Products, their dimensions and their weight. Delivery can be made to the delivery address indicated on the site or to a relay point. The Buyer is informed at the time of his order of the possible modes of delivery for the Product(s) ordered and of the possible expenses corresponding to each of these modes. The Buyer must select the desired method of delivery and provide all the information necessary for the effective delivery of the Product according to this method.
Delivery is normally made within 7 (seven) working days following the order, unless otherwise stated in the confirmation email or on the website. In case of delay of more than 30 (thirty) days compared to the usual 7 (seven) working days, not justified by force majeure, and in the absence of reception of the Products, the Buyer can denounce his 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 case of delivery of the ordered products, the buyer will have to return the said Product in its original packaging unopened and without any deterioration to FARAFINAH FOOD to obtain a full refund.
It is the responsibility of the Buyer to check the condition of the package in the presence of the deliverer or carrier. Any anomaly at the time of the reception must be announced to the deliveryman in the heading "Reserves" of the good of transport. Moreover, the recipients commit themselves to report it to hello@farafinahfood.com within 48 hours in order to be able to start a procedure of refunding 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 website farafinahfood.com can exercise his right of withdrawal within 14 clear days, from the receipt of the goods ordered or the service, as described in Article L.121-20 of the Consumer Code.
The customer returning the product within this period has the right to exchange or refund the price of the product ordered. The delivery costs for the returned products remain at the customer's expense.
The products must be returned in perfect condition for resale, in their original state (packaging, accessories, instructions...) and duly sealed.
The returned packages must be sent to :
FARAFINAH FOOD
Punt Sniep 618
1112AD Diemen
Netherlands
In case of exercise of the right of withdrawal, the company FARAFINAH FOOD undertakes to reimburse the customer the sums paid and without charge within a maximum period of 30 days, if the products are returned in their original packaging and are intact.
Article 8. Personal Information
For the proper conduct of the order, the personal data collected will be subject to computer processing, the customer acknowledges having knowledge.
As such, the information may be communicated to business partners of the company FARAFINAH FOOD for the sole purpose of fulfilling the order and delivery of products.
In any case, the company FARAFINAH FOOD will not communicate the personal information of its customers to third parties and for commercial purposes without the permission of its customers.
The customer has a right of access and rectification with regard to any information concerning him appearing in the file of the company FARAFINAH FOOD.
Article 9. Responsibility
FARAFINAH FOOD is in no way responsible for the content of the Users' Profiles on the Site, their updating, nor their relevance. In general, FARAFINAH FOOD does not guarantee that the information provided by Users is accurate.
FARAFINAH FOOD disclaims any responsibility for any loss of information accessible in the Account of the Buyer, it must save a copy and can not claim any compensation for this.
The Buyer is expressly informed and accepts that the Site may contain bugs or errors and is subject to regular modifications.
FARAFINAH FOOD does not provide the Buyer with any guarantee as to the suitability of the Products to its needs, expectations, particularly in terms of taste or constraints.
FARAFINAH FOOD does not guarantee any result or effect from the use of the Products.
FARAFINAH FOOD can not be held responsible for the non-performance or delay in the performance of its obligations due to a case of force majeure or disruption or total or partial strikes including postal services, carriers or means of communication.
FARAFINAH FOOD undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this regard, FARAFINAH FOOD reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, FARAFINAH FOOD shall not be held responsible for difficulties or temporary inaccessibility of the Site due to circumstances beyond its control, force majeure or due to disruptions in telecommunications networks.
In any event, the liability that may be incurred by FARAFINAH FOOD under these Terms of Use of the Site, is expressly limited to direct damage suffered by the Buyer.
Article 10. Intellectual property
Access to this Site gives the Buyer a specific and non-exclusive right of use (related to his activity as a professional of the restoration) of this Site.
All the elements published on this Site, including texts, photographs, logos, illustrations, trademarks, signs are the property of FARAFINAH FOOD France, its related companies or are taken with the prior authorization of the owner concerned. They constitute intellectual works within the meaning of the Intellectual Property Code and are therefore protected by intellectual property rights.
All elements published on this Site, in particular photographs, logos, illustrations, trademarks, signs that are the property of FARAFINAH FOOD, may be reproduced by the Buyer for the following sole purpose: for promotional purposes. Therefore, any use, modification, alteration, partial or total reproduction and, more generally, exploitation or use outside of the framework outlined above, is prohibited and requires the prior express permission of FARAFINAH FOOD to the Buyer. The Buyer agrees to use the elements published on this Site, including text, photographs, logos, illustrations, trademarks, signs, in strict compliance with the brand image of FARAFINAH FOOD and to respect, where appropriate, any instructions that FARAFINAH FOOD would communicate.
Any total or partial representation of this Site by any means whatsoever, without the express permission of the publisher, would constitute an infringement punishable by Article L 335-2 and following 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 the company FARAFINAH FOOD.
The photos of products are not contractual. These elements are protected by French law and international laws for the protection of intellectual property.
The code, layout, assembly of all or part of an element of this site is the exclusive property of the company FARAFINAH FOOD.
Any use, including reproduction, even partial, modification, distribution, transmission, display of the content or any of the elements of this site is strictly prohibited without written consent of the company FARAFINAH FOOD. Any violation of this protection will be prosecuted.
If you wish to use photos or texts of this site, you can 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 behaviors
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 the systems of FARAFINAH FOOD, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any infringement of security measures and authentication, (vi) any act that may prejudice the rights and financial, commercial or moral interests of FARAFINAH FOOD or users of its Site, (vii) any practice that diverts the Site for 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.
It is also strictly forbidden to sell, trade or grant all or part of the access to the Site, as well as the information it contains.
In case of breach of any of the provisions of this article or more generally, violations of laws and regulations, FARAFINAH FOOD reserves the right to take all appropriate measures and take any legal action.
Article 12. Personal data
The Company has a personal data protection policy, the characteristics of which are explained in the document entitled "Charter for the protection of personal data", accessible on the Site on the "Privacy" page, which the Buyer is expressly invited to read.
Article 13. Links and third party sites
FARAFINAH FOOD shall in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer would access through the Site.
FARAFINAH FOOD does not assume any responsibility for the content, advertising, products and / or services available on such sites and third party 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 which the Buyer is directed through the Site and shall in no case be party to any disputes with such third parties, including the delivery of products and / or services, warranties, representations and other obligations whatsoever 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 that FARAFINAH FOOD will be the sole judge.
Article 15. Modifications
FARAFINAH FOOD reserves the right to modify at any time the present general conditions of sale. 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 the present general conditions of sale are subject to the application of 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 any legal action.
Any dispute relating to the interpretation or execution of the present general conditions of sale will, in the absence of amicable agreement, be brought before the competent French courts.
Article 18. Force Majeure
The parties shall not be held liable or in breach of their contractual obligations if the failure to perform their respective obligations is due to force majeure.
Are considered as force majeure: strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises and production facilities or other, manufacturing incidents, disruptions in transport, supply difficulties, customs measures of any kind or origin whatsoever, or any other fortuitous event that prevent or delay in whole or in part the performance of obligations of the company FARAFINAH FOOD.
Article 19. Partial invalidity
If one or more stipulations of the present general conditions of sale were to be judged illicit or null, this nullity would not have the effect of entailing the nullity of the other provisions of these conditions which would keep all their force and their range.
Article 20: Cookies
We wish to install a cookie on your computer. This cookie does not allow us to identify you, however, it records information relating to the navigation of your computer on our site for statistical purposes (the pages consulted, the date and time of the consultation, etc.) that we can read during your subsequent visits. The duration of conservation of this information in your computer can be 30mn, 6 months and 2 years.
We inform you that you can oppose the recording of "cookies" by configuring your browser in the following way:
- For Mozilla Firefox :
Choose the "tool" menu, then "options", click on the "privacy" icon, locate the "cookie" menu and select the options that suit you.
- For Microsoft Internet Explorer:
Choose the "Tools" menu, then "Internet Options". Click on the "Confidentiality" tab and select the desired level using the slider.
- For Safari :
Choose the "Preferences" menu, click on the "security" tab and select the desired option.
Article 21. Entry into force
These general terms and conditions came into force on 25.03.2023.