ARTICLE 1 - Scope

 

These General Terms and Conditions of Sale (referred to as the "T&Cs") apply, without any restrictions or reservations, to all sales concluded by the Seller with non-business buyers (the "Customers" or the "Customer"), wishing to purchase the products sold by the Seller (the "Products") on the https://www.nivers.fr website (the "Website"). The Products sold on the Website are as follows: Alcohol-free plant-based drinks.

  

These T&Cs may be accessed at any time on the Website and prevail over any other document.

Customers represent that they have read these T&Cs and accepted them by ticking the appropriate box before using the online ordering procedure on the Website.

 

Unless proved otherwise, the data recorded in the Seller's IT system constitutes proof of all its transactions with Customers.

The Seller reserves the right to amend its T&Cs at any time to ensure compliance with the applicable regulations or its in-house policies. However, the applicable terms and conditions are those in force on the date of the Customer's order.

 

The Seller's contact details are as follows:

NIVERS GASTRONOMY,

Share capital of €11,000

Registered in the Lyon Trade and Companies Register under number 953 538 030

12 B Chemin du Maure, 69280 Sainte-Consorce, France

Email: hello@nivers.fr

Telephone: +33 (0)6 99 26 49 20

EU VAT No. FR03953538030

 

ARTICLE 2 - Products

 

The main characteristics of the Products, including the specifications, illustrations and indications of the size or capacity of the Products, are displayed on the Website and Customers must consult this information before ordering.

The photographs illustrating the Products are not contractually binding.

Customers are solely responsible for selecting and purchasing a Product.

The Products on sale are sold subject to availability, as specified when the order is placed.

The Products displayed on the Website may only be sold in the following territories: Metropolitan France, Corsica, Monaco, Belgium, Germany, Spain, Italy, Luxembourg, the Netherlands and Portugal (the "Geographic Area"). 

 

ARTICLE 3 - Prices

 

The Products are supplied on the basis of the current price lists published on the Website, when the order is registered by the Seller.

The prices are stated in euros, inclusive of all taxes, taking into account, where applicable, the VAT charged locally in the country of delivery.

The prices take into account any discounts that may be granted by the Seller on the Website.

These prices are binding and may not be adjusted during their period of validity, but the Seller reserves the right to modify the prices at any time after that period.

 

The prices do not include processing, shipping, carriage and delivery charges, which are invoiced on top of the price, on the terms set out on the Website, as calculated before the order is placed.

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

An invoice will be drawn up by the Seller and delivered to the Customer on request.

 

ARTICLE 4 - Orders

 

Customers must select the Products they wish to Order on the Website as follows:

Customers select the one or more Products they wish to purchase and may access an Order summary in their cart at any time.

 

The Order summary lists the one or more Products that the Customer has selected and includes any additional charges such as delivery costs to be added to the price of the one or more Products ordered. Customers may modify their Orders and correct any errors before accepting the Order.

After accessing the Order summary, Customers confirm their acceptance of their Order by validating the T&Cs checkbox and clicking on the Order confirmation icon. ''Order requiring payment'' or ''Pay for my order'' or any similar unambiguous wording is displayed next to the Order confirmation icon to ensure that Customers expressly acknowledge their obligation to pay for the Order.

Before accepting the T&Cs and confirming the Order with an obligation to pay, Customers provide the details of the place of delivery of the one or more ordered Products and their billing details if different. The delivery process for the one or more ordered Products is described in Article 6 of these T&Cs.

Once Customers have confirmed their delivery details and, where applicable, their billing details, they will need to pay for their Order.

Once the Order has been paid, the Seller will email the Customer an Order confirmation, summarising the details of the Customer's Order and the delivery and, where applicable, billing addresses provided.

 

The sale will not be treated as valid and no binding contract will be irrevocably entered into between the Seller and the Customer until the T&Cs have been accepted, the Order has been confirmed and the price has been paid in full.

 

Customers must check that the order is correct and report any errors immediately.

Any order placed on the Website forms a distance contract entered into between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with a dispute pending in relation to the payment of a previous order.

The Customer may track the progress of the order on the Website.

 

ARTICLE 4A - Customer Portal - Account

 

Customers are invited to create an account (personal portal) before placing an order.

They register for an account by filling in the form proposed during the order process and undertake to provide truthful, accurate information about their personal and contact details, including their email address.

Customers are responsible for updating the information provided. They may update this information by logging into their account.

To access their personal portal and order history, Customers must sign in using their username and password received after registration. The username and password are strictly personal. Accordingly, Customers agree not to disclose them to any third party. Failing this, they will remain solely liable for the use of their username and password.

Customers may also ask to cancel their registration on the special page in their personal portal or by emailing a request to: hello@nivers.fr. Their registration will be cancelled within a reasonable time.

 

In the event of any non-compliance with the general terms and conditions of sale and/or terms of use, the https://www.nivers.fr website may suspend or even shut down the account of a Customer after sending formal notice electronically with which the Customer fails to comply within seven (7) days.

If an account is removed, for whatever reason, all the Customer's personal information will simply be deleted.

The Seller may not be held liable for any force majeure event, as defined in Article 13 below, causing a malfunction of the Website or server, subject to any interruption or modification for maintenance purposes.

The creation of an account implies acceptance of these general terms and conditions of sale.

 

ARTICLE 5 - Terms of payment

 

The price is paid by secure payment as follows: payment by bank card in euros.

 

The entire price is payable immediately in full by the Customer on the date on which the order is placed.

 

Payment data is exchanged in an encrypted manner using the protocol determined by the accredited payment service provider used for the banking transactions carried out on the Website.

 

Payments made by Customers will only be treated as effectively made once the amounts owed have actually been collected by the Seller.

The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the Seller the entire price on the terms set out above.

 

ARTICLE 6 - Deliveries - Acceptance

 

6.1 The Products ordered by Customers will be delivered in the Geographic Area, namely in Metropolitan France, Corsica, Monaco, Belgium, Germany, Spain, Italy, Luxembourg, the Netherlands and Portugal.

Deliveries are made within (3) three to (5) five days for Metropolitan France and (4) four to (8) eight days for other countries within the Geographic Area, at the address indicated by Customers when placing an order on the Website.

Delivery refers to the transfer of the physical possession or control of the Product to Customers.  Except in special cases or if one or more Products are unavailable, the ordered Products will be delivered in one single delivery.

The Seller undertakes to use its best efforts to deliver the Products ordered by Customers within the delivery times specified above.

 

If the ordered Products are not delivered within (7) seven business days for Metropolitan France or (10) ten business days for other countries within the Geographic Area of the approximate delivery date, for any reason other than a force majeure event or an act or omission of the Customer or the carrier, the sale may be cancelled pursuant to a written request submitted by the Customer in accordance with the provisions set out in Articles L. 216-6, L. 216-7 and L. 241-4 of the French Consumer Code (Code de la consommation). In such a case, the sums paid by the Customer will be refunded within (14) fourteen days of the date of termination of the contract, without any entitlement to compensation or a deduction.

If a Customer's order is in the process of being delivered at the time of the complaint, the Customer undertakes to return the order to the Seller as and when it is received, in its entirety and in its original packaging.

The Seller will be released from all obligations relating to delivery times in the event of a force majeure event or similar event as described in Article 13.

 

Deliveries are made by an independent carrier at the address provided by Customers during the order process, which must be easily accessible to the carrier.

In the event that a Customer is absent on the date of delivery and the carrier is unable to deliver the order to the Customer at the indicated address, the carrier reserves the right to drop off the parcel at a collection point close to the original place of delivery.

The Customer will be notified by the carrier and must pick up the parcel within no more than (5) five days.

In the event that the parcel is returned as the Customer fails to collect the Product at the collection point, the Seller shall refund the order within (10) ten days of receipt of the return, after deducting the costs of the return.

 

6.2 Customers must check the condition of the delivered Products.

Customers have a period of 48 hours from receipt of the Products in which to lodge any complaints by emailing them to hello@nivers.fr or posting them to: NIVERS GASTRONOMY, 12 B Chemin du Maure, 69 280 Sainte-Consorce, France, enclosing all related supporting documents (including photographs), stating the order reference number and the reason for the complaint and describing the problems encountered. If these formalities are not completed within that period, the Products will be deemed compliant and free from any patent defects and no complaint will be processed by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, any delivered Products for which the Customer has duly proved any non-compliance or patent defects, in accordance with the provisions set out in these T&Cs.

 

 

ARTICLE 7 – Transfer of ownership and risk

 

7.1 Title to the Seller's Products will not pass from the Seller to the Customer until the price has been paid in full by the Customer, regardless of the date of delivery of the said Products.

 

7.2 The corresponding risks of loss and deterioration will not pass until the Customer takes physical possession of the Products. The Products are therefore carried at the Seller's own risk.

 

 

ARTICLE 8 - Cancellation right

 

Customers act as non-business buyers, under a distance contract entered into on the Seller's Website. Accordingly, Customers have a withdrawal period of 14 calendar days from receipt of the Product, during which they may cancel all or part of the order.

Under the terms of Article L. 221-18 of the French Consumer Code: "For contracts providing for regular deliveries of goods over a set period, the withdrawal period starts on the date of receipt of the first batch of goods." 

The cancellation right may be exercised online, using the cancellation form available at https://www.nivers.fr/en/demande-retractation or by any other unambiguous statement expressing their intent to cancel sent by post to the Seller to the postal address or email address stated in Article 1 of the T&Cs.

An acknowledgement of receipt will be emailed as and when the request is received. A return authorisation will be emailed without undue delay, which must be enclosed with the one or more returned Products (in each of the parcels returned).

The Products must be returned in their original condition and must be complete (packaging, accessories, instructions, etc.) in such a manner as to allow them to be resold as new.

Damaged, soiled or incomplete Products will not be taken back.

Customers will bear the cost of returning the Products.

An exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Customer in accordance with the provisions set out in this Article.

The Seller reserves the right to refuse an exchange or refund if the Products received as a return do not comply with the above conditions.

 

In accordance with Article L. 221-28 of the French Consumer Code, the cancellation right does not apply for certain contracts, such as:

- supplies of goods made to a consumer's specification or markedly customised;

- supplies of goods liable to deteriorate or expire rapidly;

- supplies of goods that have been unsealed by a consumer after delivery and cannot be returned for reasons of hygiene or health protection;

- supplies of goods which, after delivery and due to their very nature, are inseparably mixed with other items.

 

ARTICLE 9 - Warranties

 

The Products supplied by the Seller are covered by:

• the statutory warranty of compliance, for Products that are defective, spoiled or damaged or do not match the order,

• the statutory warranty covering latent defects resulting from a defect in the materials, design or manufacture of delivered Products, rendering them unfit for use.

The following should be noted:

- when implementing the statutory warranty of compliance, Customers have a period of two years from the date of delivery of the goods in which to make a claim; Customers may elect to have the goods repaired or replaced, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code.

- Customers may decide to implement the warranty covering latent defects in an item sold within the meaning of Article 1641 of the French Civil Code (Code civil). In such a case, Customers may decide to cancel the sale or claim a reduction in the selling price in accordance with Article 1644 of the French Civil Code.

 

In all cases, Customers cease to be entitled to make a claim under the statutory warranties once the best before date of the Product has expired.

 

Provisions relating to statutory warranties - Extracts:

 Statutory warranty of compliance

- Article L. 217-3 of the French Consumer Code: Sellers shall deliver goods that comply with the contract and the criteria set out in Article L. 217-5. Sellers shall be liable for any non-compliance that exists at the time when the goods are delivered within the meaning of Article L. 216-1, which becomes apparent within two years of that time.

Sellers shall also be liable, for the same periods, for any non-compliance resulting from the packaging, the assembly instructions or the installation, whenever this was to be performed by the seller under the contract or was performed under the seller's responsibility, or whenever an incorrect installation, performed by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.

The warranty period applies without prejudice to Article 2224 et seq. of the French Civil Code. The starting point for the limitation period for the legal action available to consumers is the date on which the consumer becomes aware of the non-compliance.

 

- Article L. 217-4 of the French Consumer Code: Goods shall comply with the contract if they meet, in particular, the criteria set out below, where applicable:

1° they match the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2° they are fit for any special use sought by the consumer, notified to the seller by no later than the conclusion of the contract and accepted by the seller;

3° they are delivered with all the accessories and installation instructions, to be supplied under the terms of the contract;

4° they are updated in accordance with the contract.

 

- Article L. 217-5 of the French Consumer Code: I.- In addition to the criteria for compliance with the contract, goods shall be compliant if they meet the criteria set out below:

1° they are fit for the use normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable in the relevant sector;

2° where applicable, they have the qualities which the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;

3° where applicable, the digital components of the goods are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° where applicable, they are supplied with all the accessories, including packaging, and installation instructions that consumers may legitimately expect;

5° where applicable, they are supplied with the updates that consumers may legitimately expect, in accordance with the provisions of Article L. 217-19;

6° they match the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that consumers may legitimately expect for goods of the same type, taking into account the nature of the goods as well as any public statements made by the seller, by any person upstream in the chain of transactions, or by any person acting on their behalf, including in advertising or on labelling.

II - However, sellers shall not be bound by any of the public statements mentioned in the preceding paragraph if they can show that:

1° they were not aware of them and were not legitimately in a position to be aware of them;

2° at the time of the conclusion of the contract, the public statements had been corrected in conditions comparable to the initial statements; or

3° the public statements could not have influenced the decision to purchase.

III - Consumers may not challenge the compliance of the goods by invoking a defect affecting one or more specific characteristics of the goods in the event that they were specifically informed that this deviated from the compliance criteria set out in this Article and expressly and separately agreed to this when the contract was concluded.

 

- Article L. 217-7 of the French Consumer Code: Any non-compliance that appears within 24 months of the delivery of the goods, including goods with digital components, shall be presumed to have existed at the time of delivery, unless proved otherwise, unless this presumption is incompatible with the nature of the goods or the non-compliance in question.

That period shall be reduced to 12 months for used goods.

- Article L. 217-12 of the French Consumer Code: Sellers shall not be required to follow the consumer's election if it is not possible to render the goods compliant as requested or this would incur disproportionate costs, in particular with regard to:

1° the value of the goods without the non-compliance;

2° the extent of the non-compliance; and

3° the ability to elect for the other choice without any major inconvenience for the consumer.

Sellers may refuse to render the goods compliant if this is impossible or would incur disproportionate costs, particularly with regard to points 1° and 2°.

If these conditions are not met, consumers may apply, after giving formal notice, for a specific performance order for the solution initially requested, in accordance with Article 1221 et seq. of the French Civil Code. Any refusal by a seller to implement the consumer's election or to render the goods compliant shall be justified in writing or on a durable medium.

 

- Article L. 217-13 of the French Consumer Code: Any goods repaired under the statutory warranty of compliance shall be covered by a six-month extension of this warranty. If the consumer elects to have the goods repaired but the seller does not repair them, a new statutory warranty period for compliance will be triggered for the replaced goods in the event that the goods are rendered compliant by being replaced. This provision applies from the date on which the replacement goods are delivered to the consumer.

 

- Article L. 217-28 of the French Consumer Code: Whenever consumers ask the warrantor, during the period of the statutory warranty or the manufacturer's warranty granted at the time of the purchase or repair of goods, to repair goods covered by the warranty, any period of deprivation of use shall suspend the remaining warranty period until the delivery of the repaired goods. This period commences on the date of the consumer's request for repairs or on the date the goods in question are made available for repair or replacement, if such a date is more favourable to the consumer. The warranty period shall also be suspended whenever the consumer and the warrantor enter into negotiations with a view to reaching an out-of-court settlement.

 

Warranty for latent defects

Article 1641 of the French Civil Code: "Sellers shall warrant that the item being sold will be free from latent defects rendering it unfit for the intended use, or impairing that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if the buyer had known about them."

First paragraph of Article 1648 of the French Civil Code: "Any legal action for rescission for latent defects (vices rédhibitoires) must be taken by the buyer within two years of the discovery of the defect."

In order to assert their rights, Customers must inform the Seller in writing (email or post) of the non-compliance affecting the Products or the existence of latent defects as soon as they are discovered.

The Seller will refund, replace or repair the Products or parts covered by warranty found to be non-compliant or defective.

Delivery charges will be reimbursed on the basis of the invoiced charge and the cost of returning the Products will be reimbursed against receipts.

Any Products found to be non-compliant or defective will be refunded, replaced or repaired without undue delay and, in any event, within no more than 15 days of the Seller's confirmation of the non-compliance or latent defect. Any such refund will be made by bank transfer.

 

ARTICLE 10 - Seller's liability

 

The Seller may not be held liable in the following cases:

• any misuse, use for business purposes, negligence or improper maintenance by the Customer or any normal wear and tear of the Product, an accident or a force majeure event.

• The photographs and graphics displayed on the Website are not contractually binding and do not incur the liability of the Seller.

It is also expressly agreed that in the event of any damage or loss caused during the performance of the contract or the non-performance of the contract in whole or in part by an act or omission of the Seller, the Seller may not be held liable for any indirect damage or loss (dommages indirects) in any circumstances whatsoever.

In any event, the Seller disclaims any and all liability for any damage or loss caused to the Customer by any wrongdoing, breach, non-performance, late performance or act or omission of the Customer, or an act or omission of a third party external to the supply of the Product, or by a force majeure event.

 

​

ARTICLE 11 - Personal data

 

Customers are informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purposes of delivering the Products. This personal data is collected solely for the purposes of the performance of the sales contract.
 

11.1 Collection of personal data

The types of personal data collected on the https://www.nivers.fr website are as follows:

Account creation

When creating a Customer/user account:

Full name, postal address, telephone number and email address.

Payment

When paying for the Products sold on the https://www.nivers.fr website, the website records financial data relating to the Customer/user's bank account or credit card.

 

11.2 Recipients of personal data

The personal data is used by the Seller and its contracting partners for the purposes of the performance of the contract and to ensure an efficient sale and delivery of the Products.

The following categories of contracting partners are used:

·       Delivery service providers

·       Payment service providers

 

11.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and from 25 May 2018, Regulation 2016/679 on the protection of personal data.

 

11.4 Restriction of processing

Unless Customers expressly agree otherwise, their personal data will not be used for advertising or marketing purposes.

 

11.5 Data retention period

The Seller shall retain the data collected for a period of five years, covering the applicable contractual civil liability limitation period.

 

11.6 Security and confidentiality

The Seller implements organisational, technical, logical and physical digital security measures to protect personal data from any unauthorised access, alteration or destruction. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee a secure transmission or storage of information on the Internet.

 

11.7 Implementing Customer and user rights.

Under the regulations applicable to personal data, Customers and users of the https://www.nivers.fr website have the following rights:

• they may update or delete their personal data by emailing a request to hello@nivers.fr, indicating "Deletion of personal data" in the subject of the email.

• they may delete their account by writing to the email address indicated in Article 11.3 "Data controller".

• they may exercise their right of access to find out what personal data is held about them by writing to the address indicated in Article 11 9.3 "Data controller".

• if the personal data held by the Seller is inaccurate, they may ask the Seller to update it by submitting a written request to the address indicated in Article 11.3 "Data controller".

• they may ask for their personal data to be deleted, in accordance with applicable data protection laws, by writing to the address indicated in Article 11.3 "Data controller".

• they may also request the portability of data held by the Seller to another provider.

• lastly, they may object to the processing of their data by the Seller.

 

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the data controller whose contact details are given above.

The data controller must respond within a maximum of one month.

If a Customer's request is refused, reasons must be given.

Customers are informed that if their request is refused, they may lodge a complaint with the French Data Protection Authority (CNIL) (3 Place de Fontenoy, 75007 Paris, France) or refer the matter to a court of law.

Customers may be asked to tick a box by which they agree to receive informative and advertising emails from the Seller. They will always be able to withdraw their consent at any time by contacting the Seller (contact details above) or clicking on the unsubscribe link.

 

ARTICLE 12 - Intellectual property

 

The content of the Website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

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

 

ARTICLE 13 - Force majeure

 

The Parties may not be held liable, in any circumstances whatsoever, as the essential obligations of the contract will be suspended, if a force majeure event occurs within the meaning of French law preventing the Parties from performing their mutual obligations. Force majeure events include, but are not limited to, wars, natural disasters, embargoes, epidemics, pandemics, shortages of raw materials and any event hindering the smooth running of the company, such as strikes, layoffs or short-time working, any event making it completely impossible for the Seller to obtain supplies or to be able to make deliveries to Customers, any interruption in the Internet network, any interruption in the supply of energy, any accident or fire, any interruption or delay in transport, embargoes and economic, trade, financial and banking sanctions adopted by the European, American and/or international authorities.

The Party asserting the event shall inform the other Party without delay that the performance of the contract is impossible and provide proof of this to the other Party. The suspension of obligations may not, in any circumstances whatsoever, trigger any liability for the non-performance of the obligation in question or any payment of damages or penalties for a late performance.

As and when the force majeure event ceases, the Parties shall make every effort to resume a normal performance of their contractual obligations as quickly as possible. To that end, the affected Party shall notify the resumption of the obligation to the other Party.

If the impediment is permanent, each Party will be entitled to terminate the contract without paying any damages.

 

 ARTICLE 14 - Governing law - Language

 

These T&Cs and the transactions arising from these T&Cs are governed by and subject to French law, subject to any local provisions more favourable to Customers under their own legislation.

These T&Cs are drafted in French. If they are translated into one or more foreign languages, the French version will prevail in the event of a dispute, as the sole authoritative version.

 

ARTICLE 15 - Disputes

 

For any complaint, please contact the customer service department at the Seller's postal or email address indicated in Article 1 of these T&Cs.

Customers are informed that any dispute may be resolved, in any event, using an out-of-court mediation scheme, by contacting the existing sector-based mediation bodies, or any alternative dispute resolution method (conciliation, for example).

In this case, the relevant mediator is:

Médiation de la Consommation FCD

12 Rue Euler, 75008 Paris, France

https://mediateur.fcd.fr/

 

All disputes arising from the purchase and sale transactions concluded under these T&Cs, that cannot be settled out of court with the Seller or through mediation, will be referred to the competent courts in accordance with the provisions of the ordinary law.

 

 

APPENDIX: CANCELLATION FORM

Appendix to Article R. 221-1 of the French Consumer Code

 

This form is available online at https://www.nivers.fr/en/demande-retractation

You should only complete and return this form if you wish to cancel the contract.