These General Terms and Conditions of Sale (hereinafter the "Terms and Conditions") govern the conditions of use of the umami.corsica website (hereinafter the "Site") published by the Umami company (hereinafter referred to as "MISE EN BOUCHE") with share capital of 1,000 Euros, headquartered at 10 rue Napoléon 20 200 Bastia, registered with the RCS under number 9095 2124 7000 17 (represented by Mrs Gaetan TULLIO and Mr Francois-Marie FERRI, duly authorized for this purpose), by any user (hereinafter referred to as the "Customer" or "You") of the Site, hereinafter referred to together as the "Parties" or individually as the "Party". The term "Customer" is used whether or not the user has placed an order with Mise en bouche. The term "Delivery" refers to the first presentation of the Products ordered by the Customer at the delivery address indicated when the order was placed.
Article 1 - Purpose
These conditions govern sales on the Site of Products (hereinafter referred to as the "Product(s)") of all delicatessen food products, wines, spirits or any Products available on umami.corsica.
Article 2 - Prices
The prices of the Products on the Site are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), as well as the applicable delivery charges. All orders, whatever their origin, are payable in euros.
The Site reserves the right to modify its prices at any time, but the Product will be invoiced on the basis of the price list in force at the time the order is validated and subject to availability.
The products remain the property of Mise en bouche until full payment has been received.
Article 3 - Orders
Article 3.1 Product characteristics
Mise en bouche endeavours to present as clearly as possible the main characteristics of the Products (on the information sheets available on the Site) and the mandatory information that the Customer must receive under applicable law (in these General Terms and Conditions).
The Customer undertakes to read this information carefully before placing an order on the umami.corsica website.
Unless otherwise expressly indicated on umami.corsica, all Products sold by Mise en bouche are new and comply with current European legislation and standards applicable in France.
Article 3.2 Order procedure
Orders can be placed directly on the website: umami.corsica. To place an order, the Customer must follow the steps described below (please note, however, that depending on the Customer's start page, the steps may differ slightly). Contractual information is presented in French and will be confirmed at the latest when your order is validated.
3.2.1 Product selection and purchase options
The Customer must select the Product(s) of his/her choice by clicking on the Product(s) concerned and choosing the desired characteristics and quantities. Once the Product has been selected, it is placed in the Customer's basket. The Customer may then add as many Products as he or she wishes.
3.2.2 Controls
Once the Products have been selected and placed in the shopping basket, the Customer must click on the basket and check that the contents of the order are correct. If the Customer has not already done so, he/she will then be invited to log in or register.
Once the Customer has validated the contents of the basket and logged in/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery charges.
The Customer is invited to check the contents of his/her order (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price) before validating its contents.
The Customer can then proceed to payment for the Products by following the instructions on the Site and providing all the information required for invoicing and delivery of the Products. For Products for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information required to process the order.
The Customer must also select the chosen delivery method.
3.2.3 Billing
During the ordering process, the Customer must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be filled in for the Customer's order to be processed by the Site).
In particular, the Customer must clearly indicate all information relating to the Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.
The Customer must then specify the chosen method of payment.
Neither the order form that the Customer draws up online, nor the acknowledgement of receipt of the order that the Site sends to the Customer by e-mail, constitute an invoice. Whatever the method of order or payment used, the Customer will receive the original order form inside the parcel.
Any order placed on the umami.corsica website implies acceptance of these General Terms and Conditions. Any confirmation of an order implies your full acceptance of these terms and conditions of sale, without exception or reservation. All data supplied and the recorded confirmation will be considered as proof of the transaction. You declare that you are fully aware of them. Confirmation of your order will constitute your signature and acceptance of the operations carried out.
The Site reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 4 - Payment
4.1. Payment methods
The Customer may pay for Products online using the means of payment offered by the Site. The Customer guarantees Mise en bouche that he/she holds all the authorizations required to use the chosen means of payment. Mise en bouche will take all necessary measures to guarantee the security and confidentiality of data transmitted online in connection with online payment on the Site.
It is hereby specified that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
4.2. Payment date
The Customer's account will be debited as soon as the Products have been ordered on the Site.
4.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer must contact the Site's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.
Article 5 - Withdrawal
In accordance with the provisions of article L.121-21 of the French Consumer Code, you have a cooling-off period of fourteen (14) clear days from receipt of your Products to exercise your right of withdrawal without having to justify your reasons or pay any penalty. Returns must be made in their original, complete condition (packaging, accessories, instructions) and with the purchase invoice received with the package. In this case, your responsibility is engaged. Original condition means that the Product has not been subjected to prolonged use and bears no trace of such use. Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal. You are responsible for return shipping costs. To exercise his right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of an unambiguous statement to the address: SARL MISE EN BOUCHE, 10 rue Napoléon, 20200 Bastia or by e-mail via our contact form.
No items may be returned or exchanged during "Mise en bouche Black Days" sales operations.
Article 6- Availability
Our Products are offered as long as they are visible on the umami.corsica website and within the limits of available stocks. The Site undertakes to honour orders received provided that the Products are available. If a Product is unavailable after you have placed your order, the Site will inform you by e-mail.
The Site may, at the Customer's request :
Or offer to ship all Products at the same time as soon as out-of-stock Products become available again,
- Or proceed with a partial shipment of the available Products initially, then with the shipment of the remainder of the order when the other Products are available, subject to clear information concerning the additional transport costs that may be incurred,
- Or offer an alternative Product of equivalent quality and price, accepted by the Customer. If the Customer decides to cancel his order for unavailable Products, he will be reimbursed for all sums paid for unavailable Products within thirty (30) days of payment at the latest.
Article 7 - Delivery terms and deadlines
7.1 Delivery zone
The Products offered can only be delivered to Metropolitan France and Europe.
Products are shipped to the delivery address(es) indicated by the Customer during the order process.
7.2 Shipping time
It may take a maximum of two (2) working days after the order has been registered to dispatch the order. The Product ordered is sent by La Poste or Chronopost to the delivery address indicated by the customer during the order process, within the time indicated on the order validation page. In the event of an error in the address, the Site cannot be held responsible if the Products cannot be delivered.
In the event of a delay in shipment, an e-mail will be sent to you to inform you of any consequences for the delivery time indicated.
In accordance with legal provisions, in the event of late delivery, you may cancel the order in accordance with the terms and conditions set out in article L 138-2 of the French Consumer Code. If, in the meantime, you receive the Product, we will reimburse you for it and the delivery costs in accordance with article L 138-3 of the French Consumer Code.
In the case of deliveries by a carrier, Mise en bouche cannot be held responsible for any delay in delivery due exclusively to the customer's unavailability after several proposed appointments.
7.3 Delivery times and costs
During the ordering process, the Site indicates to the Customer the possible delivery times and shipping methods for the Products purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the Customer in addition to the price of the Products purchased.
7.4 Delivery terms
In the event of absence, a delivery notice will be left for the Customer to pick up the parcel at the post office. Delivery times and costs are detailed on the Site.
7.5 Delivery problems
Deliveries to France will be made within 5 working days maximum, and those to other European countries within 15 working days.
Failing this, the Customer must give formal notice to the Site to deliver within a reasonable period of time, and in the event of non-delivery within this period, the Customer may terminate the contract.
The Site will refund, without undue delay from receipt of the letter of termination, to the Customer the total amount paid for the Products, including taxes and delivery charges, by the same method of payment used by the Customer to purchase the Products.
The Site is responsible until the Product is delivered to the Customer. The Customer has a period of three (3) days to notify the carrier of any damage or partial loss observed during Delivery.
Article 8 - Warranty
8.1. Warranty of conformity
All our Products are covered by the legal warranty of conformity and the warranty against hidden defects, as provided for in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a Product sold, it may be returned, exchanged or reimbursed. All claims, requests for exchange or refund must be made by e-mail (via our contact form) within fifteen (15) days of Delivery. Products must be returned to us in the condition in which the Customer received them, including all accessories, packaging and instructions.
The Site is obliged to deliver a Product that conforms, i.e. that is fit for the use expected of a similar good and corresponds to the description given on umami.corsica. This conformity also implies that the Product has the qualities that a buyer may legitimately expect in view of the public statements made by the Site, including in advertising and on labelling.
In this context, the Site is liable for defects in conformity existing at the time of delivery, and for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made its responsibility or has been carried out under its responsibility.
Any action arising from a lack of conformity shall be barred after two (2) years from the date of delivery of the Product.
In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at his or her option. However, if the cost of the Customer's choice is manifestly disproportionate to the other possible option, given the value of the Product or the importance of the defect, the Site may proceed with a refund, without following the option chosen by the Customer.
In the event that replacement or repair is impossible, the Site undertakes to refund the price of the Product within 30 days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address SARL MISE EN BOUCHE, 10 rue Napoléon, 20200 Bastia.
Finally, the Customer is exempted from proving the existence of the Product's lack of conformity during the six (6) months following delivery of the goods.
It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, where applicable, on the Products.
8.2. Warranty for hidden defects
The Site is liable for any hidden defects in the Product sold which render it unfit for its intended use, or which so diminish that use that the Customer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
This guarantee allows customers who can prove the existence of a hidden defect to choose between a refund of the price of the Product if it is returned, or a refund of part of its price if the Product is not returned.
In the event that a replacement or repair is impossible, Mise en bouche undertakes to refund the price of the Product within 30 days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address SARL MISE EN BOUCHE, 10 rue Napoléon, 20200 Bastia.
Any action resulting from latent defects must be brought by the Customer within two (2) years of the discovery of the defect.
Article 9 - Liability
The Products offered comply with current French legislation. Mise en bouche shall not be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is your responsibility to check with local authorities regarding the possibility of importing or using the Products or services you intend to order.
Furthermore, Mise en bouche shall not be held liable for any damage resulting from misuse of the Product purchased or from incorrect order entry.
Lastly, Mise en bouche cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
Article 10 - Applicable law in the event of disputes
The language of this contract is French. The present conditions of sale are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Article 11 - Intellectual property
All elements of the umami.corsica website are and remain the exclusive intellectual property of Mise en bouche. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the Site whether software, visual or sound including the underlying technology used protected by copyright, trademark law and / or patents. Any simple link or hypertext link is strictly forbidden without the express written consent of Mise en bouche.
This "Mise en bouche" agreement will under no circumstances be granted on a permanent basis. This link must be removed at the request of the Site. Hypertext links to the Site using techniques such as framing or in-line linking are strictly prohibited.
Article 12 - Personal data
Mise en bouche collects personal data about its customers on the Site, including through the use of cookies. Customers may deactivate cookies by following the instructions provided by their browser.
The data collected by Mise en bouche is used to process orders placed on the Site, manage the Customer's account, analyze orders and, if the Customer has chosen this option, send the Customer commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the Customer no longer wishes to receive such communications from the Site.
Customer data is kept confidential by the Site in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
Customers can unsubscribe at any time by accessing their account or by clicking on the hypertext link at the bottom of each offer received by e-mail.
Data may be communicated, in whole or in part, to the Site's service providers involved in the order process. For commercial purposes, the Site may transfer the names and contact details of its customers to its commercial partners, provided that the latter have given their prior consent when registering on the Site.
The Site will specifically ask Customers whether they wish their personal data to be disclosed. Customers may change their mind at any time on the Site or by contacting Mise en bouche.
The Site may also ask its Customers if they wish to receive commercial solicitations from its partners.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, data files and individual liberties, customers have the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They may exercise this right by sending an e-mail via our contact form or by sending a letter to SARL MISE EN BOUCHE, 10 rue Napoléon, 20200 Bastia.
It is specified that the Customer must be able to prove his identity, either by scanning an identity document, or by sending a photocopy of his identity document to the Site.
Article 13 - Archiving Evidence
The Site will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the French Civil Code.
The Site's computerized registers will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 14 - Validity of the general terms and conditions
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Any such modification or decision shall in no way authorize Customers to disregard these General Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Article 15 - Modification of general terms and conditions
The present Terms and Conditions apply to all purchases made online on the Site, for as long as the Site is available online.
The General Conditions are dated precisely and may be modified and updated by Mise en bouche at any time. The General Conditions applicable are those in force at the time of the order.
Changes to the General Terms and Conditions will not apply to Products already purchased.
Article 16 - Jurisdiction and applicable law
These Terms and Conditions and the relationship between the Customer and the Site are governed by French law.
In the event of a dispute, the French courts shall have exclusive jurisdiction.
However, prior to any recourse to the arbitral or state courts, negotiation will be preferred in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute arising in connection with the present contract, including those concerning its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. Should the parties fail to reach agreement within 20 (twenty) days, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties agree to refrain from taking any legal action against each other in connection with the dispute under negotiation. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action brought before a court of summary jurisdiction or the implementation of a petition procedure does not imply any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.
Sample cancellation form :
_________________________________________________________________________________________________________
To the attention of SARL ________
I hereby notify you of my withdrawal from the contract for the sale of the product below:
Product reference :
Invoice no. :
Purchase order no. :
- Ordered on