Terms of sale

Terms and Conditions of Sale Preamble: one sale with the Seller, one service from Delicery

These terms and conditions of sale (the “T&Cs”) apply to any order placed on the delicery.com website, on any of the online shops hosted on its subdomains, or on the Delicery mobile applications (together, the “Platform”). They are common to all merchants present on the Platform (the “Sellers”).

Each order is a sale concluded between you and the Seller whose products (the “Products”) you are ordering. The Seller is your seller within the meaning of the French Consumer Code. The Seller is responsible to you for its Products and for the proper performance of your order, delivery included.

Delicery is not the seller of the Products. The company DELICERY, publisher of the Platform (“Delicery”), acts in the name and on behalf of the Seller, as agent, to:

collect the price of your order; arrange delivery with partner delivery companies; provide customer service and handle your complaints; issue the invoice in the Seller’s name.

1. Identification of the Seller: the Seller Profile

The identity and legal information of each Seller appear on its Seller Profile. It is accessible from the footer of its Shop and repeated in the order summary, the confirmation email and the invoice. It states in particular:

the company name, legal form, registration number, intra-Community VAT number and registered office address; the address of the store and the Seller’s contact details; where applicable, the licence to sell alcoholic beverages for takeaway; the Seller’s unique identification numbers with the producer responsibility organisations it belongs to; the consumer mediator to which the Seller subscribes; the options specific to the Seller: in-store pickup, free delivery threshold, preparation days and hours.

The Seller Profile forms an integral part of these T&Cs for any order placed with that Seller.

1. Scope and acceptance

The Products are offered to any natural person who is of legal age, has legal capacity and acts as a consumer (the “Customer”, “you”).

Any order implies prior acceptance of the T&Cs in force at the time it is confirmed. You accept them by ticking the box provided for that purpose before confirming your order. The T&Cs are accessible at any time in the footer, downloadable as a PDF and attached to the order confirmation email. We invite you to keep them.

The T&Cs may be amended at any time. Amendments apply only to orders placed after they are posted online. If a clause is declared void, the others remain applicable.

1. Products 3.1 Product information

Each Product has a page presenting its essential characteristics. These pages are written and updated by the Seller, under its sole responsibility.

Mandatory food information, in particular the name, the list of ingredients and allergens, appears on the Product page. Failing that, it is provided to you free of charge, on simple request to customer service, before you order.

If you have an allergy, an intolerance or a specific diet, we invite you to check this information before ordering and to ask customer service at the slightest doubt.

3.2 Photographs

The Seller ensures that photographs are faithful to the Products. As artisanal and fresh products may vary from one piece to another, the actual appearance may differ slightly.

3.3 Availability

Products are offered while the Seller’s stocks last. If an ordered Product is no longer available at the time of preparation, you are informed as soon as possible. The missing Product is not invoiced or is refunded to you. A replacement Product may be supplied only with your agreement.

3.4 Fresh products

The Seller prepares and packs fresh Products in compliance with health regulations. They are delivered directly from the Seller’s store, with no intermediate storage. Upon receipt, you must store them according to the conditions indicated on the packaging or on the Product page. The Seller is not responsible for any deterioration resulting from improper storage after delivery.

3.5 Products sold by weight

Some Products are sold by weight, with a price indicated per kilo. The price displayed when ordering is an estimate, calculated on the weight chosen. The actual weight may vary slightly.

Actual weight lower: the difference is refunded to you. Actual weight higher: no extra charge is requested. 3.6 Products prepared on request

Some Products can be prepared on request (fish gutted or filleted, meat trimmed or boned). This preparation causes a natural loss of weight. The price remains calculated on the gross weight indicated when ordering.

1. Alcoholic beverages

This article applies to Sellers holding a licence to sell alcoholic beverages for takeaway, stated on their Seller Profile.

The sale of alcoholic beverages to minors is prohibited. By confirming an order containing alcohol, you declare on your honour that you are at least 18 years old. The courier may ask for proof of identity upon delivery. Failing that, or if the person present is a minor, the alcoholic beverages are not handed over and are refunded to you.

Alcohol abuse is dangerous for your health. Drink in moderation.

1. Ordering 5.1 Order steps You select the Products and quantities you want, then add them to your basket. You log in to your account or create one. You enter your delivery address and choose the handover method (delivery or in-store pickup, if the Seller offers it) as well as the time slot. A summary is displayed: Products, quantities, prices, delivery fees, total amount and the Seller’s identity. You can check your order and correct any error. You accept the T&Cs, then confirm your order by clicking the “Order with obligation to pay” button. A confirmation email is sent to you. It summarises your order and contains the T&Cs and the withdrawal form.

The order becomes final upon its acceptance by the Seller. Confirming the order constitutes an electronic signature and forms a distance sales contract between you and the Seller.

When your basket contains Products from several Sellers, each Seller concludes a separate contract with you for its own Products.

5.2 Accuracy of your information

You are responsible for the information you provide, in particular the delivery address, door code, floor, recipient’s name and phone number. It must be accurate and complete to allow delivery.

5.3 Refusal or cancellation by the Seller

The Seller may refuse or cancel all or part of an order for a legitimate reason: unavailability of a Product, impossibility of delivering to the chosen address or time slot, abnormal order or suspected fraud. You are informed by email. The corresponding sums are not debited or are refunded to you without delay.

1. Prices

Prices are set freely by each Seller. They are indicated in euros, including all taxes, excluding delivery fees. The applicable price is the one displayed at the time the order is confirmed, barring manifest error.

Delivery fees are indicated before the order is confirmed. They depend in particular on your address and the chosen time slot. The Seller may offer free delivery from an order amount indicated on its Shop.

1. Payment and invoice 7.1 Payment

Payment is due in full when the order is confirmed. It is made online by bank card (CB, Visa, Mastercard, American Express), Apple Pay or Google Pay, using the secure payment service of the company Stripe.

Delicery collects the price in the name and on behalf of the Seller. Payment to Delicery constitutes payment to the Seller. Your card data is processed exclusively by Stripe and is never stored by Delicery.

7.2 Invoice

The invoice for your order is issued by Delicery in the name and on behalf of the Seller. It is sent to you by email and remains available in your account.

7.3 Retention of title

The Products remain the property of the Seller until the price has been paid in full.

1. Delivery and pickup 8.1 Area and time slots

Delivery is available within the service area, indicated when ordering based on your address. It takes place on the day and in the time slot you chose from those offered.

8.2 Handover of the order

Delivery is carried out by couriers of independent delivery companies, partners of Delicery, to the address given when ordering. You receive tracking by email or SMS.

You, or a person you designate, must be present during the chosen time slot. If you are absent when the courier arrives, the courier waits a few minutes and tries to reach you by phone.

8.3 Absence or incorrect address

If the order cannot be handed over because of your absence or an inaccurate, incomplete or inaccessible address, it is returned to the Seller. As fresh Products cannot be put back on sale for health reasons, neither their price nor the delivery fees are refunded to you.

For non-perishable Products, a new delivery may be offered to you, at your expense. You may also request a refund of these Products, excluding delivery fees.

These consequences do not apply where the failed delivery is not your fault.

8.4 In-store pickup

Where the Seller offers in-store pickup, you collect your order from the Seller’s store, in the chosen time slot, after receiving the email or SMS confirming that it is ready. Bring your order number.

The order is held until the end of the pickup slot, or for the period indicated in the availability email. After that period, uncollected fresh Products are not refunded, for the same health reasons.

8.5 Delay

In the event of a known delay, you are informed as soon as possible, and a new slot may be offered to you.

In accordance with Article L.216-6 of the Consumer Code, if the order is not delivered within the agreed time, you may give the Seller formal notice, by email sent to Delicery, to deliver within an additional reasonable period. If delivery does not take place within that period, you may terminate the contract.

You may terminate the contract immediately where the Seller refuses to deliver, or where the delivery date was an essential condition of the contract for you. This is the case, for example, for an order for a dated event that you indicated when ordering.

The sums paid are then refunded to you within 14 days at the latest.

8.6 Transfer of risk

The risk of loss or damage to the Products passes to you when you, or the person you have designated, take physical possession of them.

1. Missing, damaged or non-conforming Product

We invite you to check your order upon receipt. Any missing, damaged or non-conforming Product must be reported to customer service on the same day and no later than 24 hours after delivery, from your account or at hello@delicery.com. Attach a photograph and your order number.

Delicery examines your report in the name and on behalf of the Seller and proposes a solution: refund of the Product concerned, credit note or new delivery.

The 24-hour period facilitates the quick handling of your request. It does not deprive you of the statutory guarantees described in Article 11.

1. Right of withdrawal 10.1 Excluded Products

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

Products liable to deteriorate or expire rapidly: fresh products, fruit and vegetables, meat, fish, cheese, bakery, pastry and catering products, frozen products; Products made to your specifications or clearly personalised, such as a piece cut or prepared at your request, or a personalised cake; Products unsealed after delivery that cannot be returned for hygiene or health protection reasons; Products that, after delivery, have been inseparably mixed with other items. 10.2 Period and exercise

For other Products (non-perishable delicatessen items, sealed wines and spirits, for example), you have 14 days from receipt to withdraw, without having to give a reason. If this period ends on a Saturday, Sunday or public holiday, it is extended to the next working day.

To exercise this right, send Delicery, acting on behalf of the Seller, the form in the appendix or any unequivocal statement, by email to hello@delicery.com or by post to the address indicated in the Legal Notice.

10.3 Return and refund

You must send back or bring back the Products to the Seller, at the address of its store indicated on its Seller Profile, within 14 days of your decision. The Products must be complete and in their original condition. Return costs are at your expense.

The Seller refunds you, through Delicery, all sums paid for the Products concerned, standard delivery fees included, within 14 days at the latest of your decision. It may defer the refund until the Products have been recovered or until you have provided proof of their dispatch.

The refund is made to the payment method used when ordering, at no cost to you. You may be held liable for any diminished value of the Products resulting from handling other than what is necessary to establish their nature and characteristics.

1. Statutory guarantees

The Seller is bound by the statutory guarantee of conformity (Articles L.217-1 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the Civil Code). Claims under these guarantees are sent to Delicery customer service, which forwards them to the Seller and follows them up. In accordance with Article D.211-2 of the Consumer Code, the following box is reproduced:

The consumer has a period of two years from delivery of the goods to obtain enforcement of the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the sales contract provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the statutory guarantee applies to this digital content or digital service throughout the planned period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The statutory guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods, or end the contract and obtain a full refund against return of the goods, if:

1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods; 4° The lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to termination of the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the guarantee that remained to run until the repaired goods are delivered.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who obstructs in bad faith the implementation of the statutory guarantee of conformity incurs a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.

1. Liability

The Seller’s liability cannot be engaged in the event of force majeure, an unforeseeable and unavoidable act of a third party to the contract, or fault on your part, for example incorrect contact details or Products stored in non-compliant conditions.

This clause does not limit the Seller’s liability in the event of breach of its essential obligations, gross negligence or wilful misconduct, personal injury, or under the statutory guarantees.

1. Customer service, complaints and mediation

For any question or complaint, contact Delicery customer service, which acts on behalf of the Seller: hello@delicery.com, +33 6 35 36 32 16, or the dedicated section of your account.

If your written complaint has not been resolved, you may refer it free of charge to the Seller’s consumer mediator, whose contact details appear on its Seller Profile. Recourse to mediation is not mandatory. You may at any time bring the matter before the competent courts, under ordinary law.

1. Personal data and cookies

Your data is processed by Delicery and by the Seller, each acting as data controller for its own purposes, under the conditions described in the Privacy Policy and the Cookie Policy, accessible in the footer.

1. Intellectual property

The Platform and its content are protected by intellectual property law, under the conditions described in the Legal Notice and the Terms of Use.

1. Governing law and language

The T&Cs are governed by French law. This choice cannot deprive you of the more favourable mandatory provisions of the law of your country of residence. The T&Cs are written in French. In the event of translation, only the French version prevails.

Appendix: withdrawal form

Complete and return this form only if you wish to withdraw.

To DELICERY, acting on behalf of the Seller named below, 5, rue Pleyel, Bureau 3, 93200 Saint-Denis, hello@delicery.com:

I hereby notify you of my withdrawal from the contract for the sale of the goods below:

Seller: ............................................................ Product(s): ............................................................ Order number: ............................................................ Ordered on: .......................... Received on: .......................... Customer’s name: ............................................................ Customer’s address: ............................................................ Date: ..........................

Customer’s signature (only if notified on paper):