Terms of use

These terms of use (the “Terms”) govern access to and use of the delicery.com website, all online shops hosted on its subdomains (for example https://shop-name.delicery.com) and the Delicery mobile applications (together, the “Platform”).

The Platform is published by the company DELICERY, whose contact details appear in the Legal Notice (“Delicery”, “we”). The Terms apply to anyone who browses the Platform or creates an account on it (“you”).

Who does what on the Platform

The Platform brings together independent food merchants (the “Sellers”). Each Seller has an online shop on the Platform in its own name (a “Shop”).

The Seller sells. The Seller sets its prices, chooses its products (the “Products”), prepares them and is solely responsible for them: quality, compliance, food safety and the accuracy of the information published (descriptions, composition, allergens, weight, photographs, availability). The sales contract is concluded directly between you and the Seller, under the Terms and Conditions of Sale (“T&Cs”).

Delicery operates the Platform. Delicery publishes the Platform and the Shops, collects payment in the name and on behalf of the Seller, arranges delivery with partner delivery companies, provides customer service and issues invoices on behalf of the Seller. Delicery does not buy or resell the Products.

All Sellers are professionals. When you buy as a consumer, you benefit from the rights provided by the French Consumer Code. The full identity of each Seller appears on its Seller Profile, accessible from the footer of its Shop and repeated in the order summary, the confirmation email and the invoice.

Acceptance and amendment of the Terms

Using the Platform implies acceptance of these Terms. The applicable version is the one online on the day you use the Platform. Delicery may amend the Terms at any time. Amendments apply to uses and orders made after they are posted online.

We invite you to read, download and keep the Terms, the T&Cs, the Privacy Policy and the Cookie Policy. These documents are accessible at any time in the footer of the Platform and of each Shop.

Access to the Platform and customer account

Browsing the Platform is free and open to all. Internet connection costs remain your responsibility.

To place an order, you must create a customer account. Account creation is reserved for natural persons who are of legal age and have legal capacity. Your account is a Delicery account: it allows you to order from all Shops on the Platform and on the mobile applications, wherever you created it.

Your account allows you, in particular, to place orders, manage your contact details and delivery addresses, track your orders and view their history, report a problem with an order, and manage your marketing communication preferences, both those of Delicery and those of each Seller.

You undertake to provide accurate and up-to-date information. Your login credentials are personal and confidential. You are responsible for keeping them safe and for any use of your account. Please notify us without delay of any fraudulent use at hello@delicery.com.

You may delete your account at any time from your personal area or by writing to hello@delicery.com. Deletion does not affect pending orders or data that we are legally required to retain.

Selection and verification of Sellers

Delicery selects the Sellers present on the Platform. Before any Shop goes live, Delicery verifies the identity and legal information of each Seller: Kbis extract or equivalent, identity of the legal representative, contact details. The Seller remains solely responsible for the accuracy and updating of this information and for the content of its Shop.

Ranking and promotion

Shops and Products are presented according to the following criteria: match with your search, delivery address and the area served by the Seller, availability of Products and time slots, merchant category, seasonality and new arrivals. Their respective weight may vary depending on the page viewed.

Some Sellers benefit, as part of their Delicery subscription, from priority placement in certain sections. Any placement resulting from payment is flagged with the ♥ icon and the wording “Favorite Merchant · Sponsored”.

Delicery holds no equity interest in any Seller, and no Seller holds any equity interest in Delicery. Delicery receives from each Seller a subscription fee and a commission on sales made through the Platform.

Customer reviews

Only customers who have received an order may post a review of the relevant Seller or its Products, within 30 days after delivery.

Reviews give rise to no compensation. They are checked before or after publication to verify that they come from a customer and comply with the law. A review may be rejected or removed if it contains insulting, defamatory or discriminatory remarks, content unrelated to the order, personal data or advertising. The author of a rejected review is informed of it, together with the reason for rejection.

Reviews are displayed in chronological order, from most recent to oldest, and are kept for 24 months. The Seller may respond to them publicly.

Customer service and complaints

Delicery is your single point of contact for any question or complaint, including those concerning a Product. Write to hello@delicery.com, call +33 6 35 36 32 16 or use the dedicated section of your account.

Delicery handles complaints relating to Products in the name and on behalf of the relevant Seller, in accordance with the T&Cs. The Seller remains responsible to you for the proper performance of your order, delivery included, in accordance with the Consumer Code.

Reporting illegal content

You may report any content that you consider illegal (prohibited product, counterfeit content, hate speech, fraudulent reviews, etc.) by writing to hello@delicery.com. Your report must state the precise address of the content (URL), the reasons why you consider it illegal, and your name and email address, except for certain serious offences where anonymity is permitted. You must also declare in good faith that the information provided is accurate.

Delicery acknowledges receipt of the report, examines it diligently and informs you of its decision. Any decision to remove or restrict content is explained to the person concerned, who may contest it by reply email.

Rules of use and suspension

You undertake to use the Platform fairly and in compliance with the law. In particular, it is forbidden to attempt unauthorized access to Delicery’s systems, to disrupt their operation, to extract their content in bulk, or to behave abusively, threateningly or dangerously towards a Seller, a courier or customer service.

In the event of a breach, fraud or unlawful conduct, Delicery may temporarily or permanently suspend your account, after informing you, except in urgent cases.

Intellectual property

The Platform, the Shops, their design, their code, and the Delicery brand and logo are the exclusive property of Delicery. The trademarks, logos, names, photographs and descriptions of each Seller’s Products remain the property of the Seller or of their respective owners.

Any reproduction, representation or extraction, in whole or in part, without prior written authorization is prohibited.

Delicery’s liability

Delicery uses reasonable means to ensure access to the Platform and its proper functioning. Access may be interrupted for maintenance, updates or in the event of a technical incident.

Delicery is not the seller of the Products. It is not responsible for the information published by Sellers or for the quality or compliance of the Products, which are the Seller’s responsibility.

These provisions do not limit your statutory rights, nor Delicery’s liability for its own services (operation of the Platform, payment collection, organization of delivery, customer service), nor its liability in cases of gross negligence, wilful misconduct or personal injury.

Personal data and cookies

When you create an account or place an order, including from a Seller’s Shop, your data is processed by Delicery and by the relevant Seller, each acting as data controller for its own purposes. You may refuse, at any time and separately, the marketing communications of Delicery and those of each Seller.

Details are set out in the Privacy Policy and the Cookie Policy, accessible in the footer.

Mediation and disputes

For any complaint, please contact Delicery customer service first at hello@delicery.com.

If a dispute relating to Delicery’s services is not resolved after a written complaint, you may refer it free of charge to Delicery’s consumer mediator: [● name, postal address, website]. For a dispute relating to the Products or their sale, the competent mediator is the Seller’s, indicated on its Seller Profile.

Recourse to mediation is not mandatory. Disputes not resolved amicably may be brought before the competent courts under ordinary law.

Governing law and language

These Terms are governed by French law, without prejudice to the more favorable mandatory provisions of the consumer’s country of residence. They are written in French. In the event of translation, only the French version prevails.