General Terms and Conditions of Sale

1.1. These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company CHEF VIVIEN, registered with the Trade and Companies Register under number 844271 346, with consumers and adult buyers, whether professionals or not (“Clients” or the “Client”), wishing to purchase the products offered for sale by the Seller on the website www.chefvivien.com (the “Website”).

They set out in particular the conditions of ordering, payment, delivery, and management of any returns of the Products listed in the online store catalog of services and products ordered by the Clients.

1.2. The main characteristics of the Products and services are presented on the Website.

The Client is required to review them before placing any order.

The choice and purchase of a Product or a service are the sole responsibility of the Client.

Photographs and information presented on the Website are not contractual and shall under no circumstances engage the liability of the Seller.

In the event of any discrepancy between such photographs and information on the one hand, and the Product(s) or services chosen by the Client on the other hand, the Seller shall not be held liable.

The Seller reserves the right to modify the composition of the Products depending on supply constraints relating to raw materials and/or in accordance with the precautionary principle.

Offers for Products and services are valid within the limits of available stock, as specified at the time the order is placed.

1.3. These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to in-store sales or through other distribution and marketing channels.

These General Terms and Conditions of Sale are accessible at all times on the Website and shall prevail, where applicable, over any other version or any contradictory document.

1.4. The Client declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose before initiating the online ordering procedure, as well as the general terms of use of the Website www.chefvivien.com.

1.5. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client’s purchase is the one in force on the Website on the date the order is placed.

1.6. Unless proven otherwise, data recorded in the Seller’s computer system constitute proof of all transactions concluded with the Client.

In accordance with the French Data Protection Act of January 6, 1978, as amended and supplemented by the GDPR (General Data Protection Regulation) which entered into force on May 25, 2018, the Client has, at all times, a right of access, rectification, objection, erasure, and portability of all their personal data by writing, by email and providing proof of identity, to:

info@chefvivien.com

1.7. Validation of the order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

2.1 Username and password

When placing the first order, the Client chooses a username and a password. The username and password constitute proof of the Client’s identity and bind the Client to any order placed by them. The Client is solely responsible for their username and password and shall bear all consequences that may result from any use by third parties who may have become aware of them, unless the Client demonstrates that such disclosure results from a fault of the Seller. In the event of forgetting their username or password, the Client has access on the Website to a function allowing them to retrieve their username and choose a new password.

2.2 Orders

The Client undertakes to complete the order form accurately.

The Products and services presented on the Website may under no circumstances be subject to requests for modification of their composition or presentation.

Products and services with variants are explained in the description; each variant may have different content, all of which is clearly explained in the description, and no cover photo shall be considered contractual.

The Client undertakes not to resell the Products, the order being strictly intended for personal use or for the personal use of the person to whom the shipment is addressed.

Product offers are valid as long as they are visible on the Website, within the limits of available stock.

The Client is responsible for the use of their benefits and may under no circumstances claim compensation from the Seller in the event of non-use, due to their own actions, of any of their benefits whatsoever. The Seller shall not be held liable for any improper navigation by the Client on the Website.

The Client has the possibility to check the details of their order, its total price, and to correct any errors before confirming acceptance (Article 1127-2 of the French Civil Code). This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract.

It is therefore the Client’s responsibility to verify the accuracy of the order.

In the event of an error in the Client’s contact details, the Seller shall not be held liable for the impossibility of delivering to the recipient.

The sale shall only be considered final after the Seller has sent the Client confirmation of acceptance of the order by email and after full payment of the price has been received.

Any order placed on the Website www.chefvivien.com constitutes the formation of a distance contract between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there exists a dispute relating to the payment of a previous order.

The Client may track the progress of their order on the Website www.chefvivien.com.

Products are supplied at the prices in force displayed on the Website www.chefvivien.com at the time the order is registered by the Seller. Prices are expressed in euros, inclusive of all taxes.

Prices take into account any discounts that may be granted by the Seller on the Website www.chefvivien.com.

These prices are firm and non-revisable during their period of validity, as indicated on the Website www.chefvivien.com, the Seller reserving the right, outside this period of validity, to modify prices at any time. They do not include delivery charges, which are invoiced in addition and calculated prior to the placement of the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these charges.

An invoice is issued by the Seller and made available to the Client in their personal area on the Website www.chefvivien.com.

The price is payable in cash, in full, on the day the order is placed by the Client, via secure payment methods, by bank card (Visa, MasterCard, American Express, or other bank cards).

To be recorded, the order must be paid in full. Unpaid orders cannot be processed.

The Client may also pay the full amount by SEPA bank transfer within 10 days following the placement of the order, in which case the order registration and validation process will begin upon effective receipt of said payment.

5.1 Collection

In the case of an order with collection, the Client undertakes to collect their order. Addresses and opening hours will be provided in the order confirmation email. In the event of failure to collect the order within the time limits at the selected collection point, the Seller does not guarantee the availability of the order. No refund may be claimed on this basis.

If the Client wishes to have the parcel re-shipped, they shall bear all related costs.

For grocery products such as cured meats and cheeses, we recommend choosing home delivery due to the fragile nature of the parcel contents. If the Client chooses relay point collection, the Client undertakes to collect the parcel within 48 hours of its arrival at the relay point. After this period, no refund may be claimed if the contents of the parcel have deteriorated.

5.2 Shipping

Products may be shipped via Colissimo, UPS, GLS, ChronoFresh, Mondial Relay, Seur, Inpost, Euro Parcel (non-exhaustive list), depending on the Client’s choice.

In general, the collection/delivery method offered to the Client—depending on the nature of the Products—is specified on each product page.

ChronoFresh: the interior of the trucks reaches more than 80% humidity, which may damage certain products; therefore, ChronoFresh deliveries are reserved for orders containing only cured meats and cheeses. If the Client selects ChronoFresh delivery while the order contains products other than cured meats and cheeses, part of the shipment may be sent via GLS FlexDelivery.

Ultra-fresh products such as mozzarella must be collected by the recipient within 6 days from the first delivery attempt. The recipient is required to be available to receive the parcel. A maximum of two delivery rescheduling requests are permitted. After this period, the parcel will be returned for destruction, and no refund may be claimed if the deadline is not respected.

Where possible, if the Client wishes to have the parcel re-shipped (excluding ultra-fresh products), they shall bear all related costs.

The Client is responsible for the accuracy of the recipient’s name and address. These details must be precise, accurate, and complete (including door code and floor) to allow delivery under normal conditions. The Seller shall not be held liable for any return due to an address error or inability to deliver to the specified address. Where possible, if the Client wishes to have the parcel re-shipped, they shall bear all related costs.

No refund is possible in the event of non-delivery caused by incorrect or incomplete address information provided by the Client.

Colissimo Relay Point: any order not collected within the time limits cannot be refunded. Once the parcel has physically returned to the Seller, the buyer may request re-shipment at their own expense. Under no circumstances shall the Seller be held liable for any deterioration of the Products resulting from late collection by the Client.

Orders indicating a PO box address cannot be processed.

5.3 After payment confirmation, the Seller undertakes to process and ship the order to the specified destination using the procedure and carrier of their choice. Orders received online, after payment acceptance by the card payment center and effective receipt by Chef Vivien, are prepared within 24 to 72 hours; this period may be extended up to 10 days depending on the season, and then shipped within the time frame corresponding to the selected delivery method. However, during periods of high activity or weather disruptions (end-of-year holidays, Valentine’s Day, Easter, COVID), additional delays may occur.

For each order, the Seller will inform the Client of the delivery method and timeframe and, where applicable, any changes due to delivery difficulties.

In the event of absence of the recipient or a person able to take possession of the Products at the time of delivery, and insofar as access to the recipient’s mailbox is possible, the carrier will send a delivery notice by email or SMS inviting the recipient to collect the parcel at a nearby depot or to choose a new delivery date within the time limits set by the carrier.

Where possible, if the Client wishes to have the parcel re-shipped, they shall bear all related costs. Any order not collected cannot be refunded. Once the parcel has physically returned to the Seller, the buyer may request re-shipment at their own expense. Under no circumstances shall the Seller be held liable for any deterioration of the Products due to late collection by the Client.

After receipt, the Client has 48 hours to submit a complaint by email in the event of problems with the contents of the order or any other exchange or return request.

For any international shipment outside the EU, customs duties are payable by the Buyer; Incoterm DAP is indicated on all invoices. If the Buyer, as recipient, refuses to pay customs duties, the parcel will be destroyed by customs and no refund will be issued.

Once the parcel has been handed over to the carrier, it is the Buyer’s responsibility to monitor the proper delivery of the order. Any claims relating to shipment and delivery must be submitted to the Seller within a maximum of 30 days from the date the parcel is taken over by the carrier. After this period, no claim or refund will be accepted.

Finally, if the Product, while under the responsibility of the carrier, has not been delivered due to force majeure as defined by the courts, the sale may be cancelled at the written request of the Client in accordance with Articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code.

5.3 Precautions to be taken upon receipt of goods

Please ensure that the product(s) are not damaged (visibly or after unpacking). Also check that the parcel has not been opened and resealed.

The carrier is obliged to allow sufficient time for unpacking and inspection.

5.4 If the product proves to be damaged:

Either you accept the product and the costs remain at your expense

Or you refuse the product and the carrier will return it to us

When refusing the goods, be sure to indicate on the delivery slip the wording “refused due to damage” as well as the reference or designation of the product(s) concerned to allow identification. Without this information, the return cannot be processed.

WARNING: the wording “subject to unpacking” does not constitute a valid reservation and has NO LEGAL VALUE. It is essential to precisely describe the condition of the packaging and/or product (broken, damaged packaging, torn, etc.).

Please note that inspection of the product is deemed completed once the delivery slip has been signed. Consequently, IN THE EVENT OF FAILURE TO COMPLY WITH THE ABOVE INSTRUCTIONS, NO CLAIM WILL BE ACCEPTED (Article L.133-3 of the French Commercial Code).

If you keep the goods, it is essential to retain all items in the condition in which they were delivered (accessories, instructions, packaging and over-packaging included).

Liquid products order: despite the care taken in preparing and securing liquid products (jars of vegetables in olive oil, olive oil, vinegar, etc.), they may be damaged during transport, and we apologize for this.

If you receive a dented jar or one that is very slightly leaking (droplets around the lid), please be assured that this does not affect the quality of our products.

In the event of a dispute, please contact us within 48 hours following delivery of your parcel; after this period, no claim will be taken into account.

6.1. Products sold on the Website are offered within the limits of available stock. Any product that becomes unavailable will be removed from the online product catalog as soon as possible.

6.2. In the event of a stock shortage, the Seller will contact the Client by phone or email as soon as possible to agree on:

- delaying delivery until the product is restocked, where possible; or

- replacing the product with another equivalent in quality and price.

7.1. In accordance with Article L.216-4 of the French Consumer Code, when the Seller is responsible for delivery of the Product sold, the transfer of risks occurs when the Client physically takes possession of the Product.

7.2. Transfer of ownership of the Seller’s Products to the Client shall only occur after full payment of the price, regardless of the delivery date.

It is the recipient’s responsibility to inspect shipments upon arrival and to make any justified reservations or refuse the parcel if it appears to have been opened or damaged, and to immediately inform the Seller’s customer service in the event of any issue.

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts involving:

- the supply of grocery and fresh products;

- the supply of goods made according to the consumer’s specifications or clearly personalized;

- the supply of goods likely to deteriorate or expire rapidly;

- 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.

For other Products, in accordance with Article L.221-18 of the French Consumer Code, the Client has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition of presentation and preservation, within 14 days following notification to the Seller of the Client’s decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing them to be resold as new, and accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products will not be accepted.

The right of withdrawal may be exercised online on the Website www.chefvivien.com, in which case an acknowledgment of receipt on a durable medium will be immediately sent to the Client by the Seller, or by any other unambiguous statement expressing the intention to withdraw.

In the event of exercise of the right of withdrawal within the aforementioned period, once the parcel has been returned to the Seller in proper condition, the price of the purchased product(s) will be refunded; shipping and return costs will be deducted from this amount. Exchange (subject to availability) or refund will be processed within 14 days from receipt by the Seller of the returned Products.

9.1. The Seller guarantees the Client that the Products are manufactured and packaged according to strict quality standards and stored in compliance with regulations in force in France.

9.2. The Products supplied by the Seller benefit by law from:

- the legal warranty of conformity, for Products that are apparently defective, damaged, or not in accordance with the order;

- the legal warranty against hidden defects.

It is recalled that within the framework of the legal warranty of conformity, the Client:

- has a period of two years from delivery of the goods to take action against the Seller;

- may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;

- is exempt from proving the existence of the lack of conformity of the Product during the 24 months following delivery.

The Client may decide to invoke the warranty against hidden defects in accordance with Article 1641 of the French Civil Code; in this case, they may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

In order to assert their rights, the Client must inform the Seller in writing, by email or post, of the non-conformity of the Products within a maximum period of three days from delivery of the Products or from discovery of hidden defects (except perishable Products) and return or bring back to the store the defective Products in the condition in which they were received, with all accompanying items (accessories, packaging, instructions, etc.).

The Seller will refund or replace Products deemed non-conforming or defective.

Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-conforming or defective will be made as soon as possible and no later than 14 days following the Seller’s confirmation of the lack of conformity or hidden defect.

Refunds will be made by crediting the bank account used by the Client at the time of purchase.

With regard to perishable products, the Seller cannot be held liable in the event of non-compliance by the Client with storage conditions and/or optimal usage instructions, or if the Client has consumed products beyond the expiration date indicated on the packaging. In any event, for all Products sold, the Seller shall not be held liable for misuse, professional use, negligence, lack of maintenance by the Client, normal wear and tear, accident, or force majeure.

The Seller’s warranty is, in all cases, limited to replacement or refund of non-conforming Products or those affected by a defect.

In application of Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Client are necessary for processing the order and issuing invoices.

Such data may be communicated to the Seller’s partners responsible for executing, processing, managing, and paying for orders.

The processing of information communicated via the Website www.chefvivien.com complies with legal requirements relating to personal data protection, with the information system used ensuring optimal protection of such data.

The Client has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification, objection, portability, and limitation of processing with regard to information concerning them.

This right may be exercised under the conditions and according to the procedures defined on the Website www.chefvivien.com.

The content of the Website www.chefvivien.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

Furthermore, the Seller remains the owner of all intellectual property rights relating to forms, recipes, photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Client’s request) for the purpose of providing Services to the Client. The Client therefore refrains from any reproduction or exploitation of said elements without the Seller’s express, prior written authorization, which may be subject to financial compensation.

The Parties shall not be held liable if failure or delay in the performance of any of their obligations, as described herein, results from a force majeure event within the meaning of Article 1218 of the French Civil Code.

The Party affected by such an event must promptly inform the other Party of its inability to perform its obligation and provide justification. Suspension of obligations shall not give rise to liability for non-performance, nor to the payment of damages or late penalties.

Performance of the obligation is suspended for the duration of the force majeure event if it is temporary. Consequently, once the cause of suspension has disappeared, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. The affected Party shall notify the other of the resumption of performance by email with acknowledgment of receipt, or failing that by registered letter or any extrajudicial act. If the impediment is permanent, these terms shall be automatically terminated.

During this suspension, the Parties agree that costs incurred as a result of the situation shall be borne by the affected Party.

These General Terms and Conditions, as well as all operations referred to herein, are governed by French law. In the event of a dispute, the Client shall first contact the Seller in order to seek an amicable solution. Failing this, the matter shall be brought before the competent courts of Rouen.