This Preamble is part of the General Terms and Conditions of Sale.
Terms of Sales
Article 1 - Parties to the present Agreement
Between the undersigned:
1° The Company FEED., French Société par action simplifiée, having a share capital of 13.335 euros (€), registered in the Trade and Companies Registry of Paris under the number 821 239 878, having its registered office at 231 rue Saint Honoré, 75001 Paris, France, and having the VAT number FR59821239878.
Hereinafter referred to as the “Seller”, on the one hand,
2° Any natural person wishing to make a purchase on the Seller’s website.
Hereinafter referred to as the “Buyer”, on the other hand.
It has been agreed as follows:
Article 2 - Object
The Seller’s activities include the production and online sale of “smart food” products (hereinafter referred to as “the Product”) that provide an alternative to “traditional food”.
The Buyer and the Seller agree that their relationship, as well as the access and use of the www.feed.co website (hereinafter referred to as “the Site”), shall be governed exclusively by:
- these General Terms and Conditions of Sale, to the exclusion of any other conditions. These General Terms and Conditions of Sale shall prevail, where applicable, upon any other version or document;
- the Legal Notices;
- applicable laws and/or regulations.
The General Terms and Conditions of Sale and the Legal Notices of the Site are available to consumers on the Seller’s Site where they can be read.
The purchase of a Product on the Seller’s Site implies the Buyer’s unreserved knowledge and acceptance of these General Terms and Conditions of Sale in force on the day of the purchase; the storage, reproduction and communication of the General Terms and Conditions of Sale are ensured by the Seller.
Each Buyer undertakes to respect the destination of the Site and not to make a use thereof that distorts it from its purpose of selling Products online.
The Seller may amend these General Terms and Conditions of Sale at any time. In case of amendment, the applicable General Terms and Conditions of Sale are those in force on the date of the order placed by the Buyer, a dated copy of which can be provided to them at their request.
The fact that the Seller does not claim the application of a clause of the General Terms and Conditions of Sale or accepts its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by the Seller of its rights which derive from said clause.
The present General Terms and Conditions of Sale were updated on 28 September 2018. This edition cancels and replaces previous versions.
Article 3 - Definitions
1.1. Seller: refers to the Company FEED., French Société par action simplifiée, having a share capital of 13.335 euros (€), registered in the Trade and Companies Registry of Paris under the number 821 239 878, having its registered office at 231 rue Saint Honoré, 75001 Paris, France, and having the VAT number FR59821239878.
1.2. Buyer: refers to any natural person wishing to make a purchase and/or purchasing on the Site.
1.3. Product: refers to the products on sale on the Site, within the limits of available stocks. The photographs cannot ensure a perfect similarity with the product offered.
1.4. Delivery: refers to the process of sending/transferring to the Buyer the physical possession or control of the Product.
1.5. Site: refers to the infrastructure developed by the Seller in computer formats which can be used on the Internet, including data of various kinds, and in particular texts, sounds, static or animated images, videos, databases, intended to be consulted by the Buyer to know more about the products and services and if relevant to make a purchase. The Site is available at the following URL address: http://www.feed.co/en/.
1.6. Internet: refers to different networks of servers located in different locations around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.
Article 4 - Price
The prices of the Products offered for sale on the Site are indicated in euros (€) inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and Delivery costs.
All orders are payable in euros (€).
Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.
Similarly, if one or more taxes or contributions are instituted or modified, either upward or downward, this change may be reflected in the selling price of the Products on the Site.
In case orders are shipped to a country outside metropolitan France, the Buyer is then considered as an importer of the Product, customs duties or local taxes or import duties or state taxes are then likely to be charged to them. These rights or taxes are the responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and organizations.
The Seller reserves the right to modify at any time the prices of the Products sold on the Site. The Seller will invoice the Buyer for the Product on the basis of the price applicable at the time the order is confirmed and subject to the availability of the Product.
The Seller undertakes to regularly check that all prices indicated on the Site are correct, but cannot guarantee that they are absolutely error-free. If an error in the price of a Product should occur, the Seller will give the Buyer the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Buyer, the order will be considered cancelled.
Article 5 - Order
The Buyer has the opportunity to browse the Site and order Products offered for sale on the Site, subject to availability.
The Products comply with the provisions of French law applicable at the time they are ordered by the Buyer.
When an order is made, the contractual information is presented by the Seller in English and is confirmed by the Buyer when the order is validated.
In accordance with Article 6 only orders including a minimum of 12 meals, regardless of the number of Products, can be made on the Site. The “Starter Pack” Product, including 5 meals, is not subject to this rule and can therefore be ordered individually.
The Buyer who wishes to purchase a Product by ordering must complete an identification form on which they must provide the following information:
- Email address
- First and last name
- Postal address
- Telephone number
- Payment information
All data collected during the order are processed in accordance with Article 15.
The Buyer with a Client Account (see Article 14) that wishes to order a Product is exempt from completing the identification form (excluding payment information) and can therefore order faster.
Article 6 - Validity and validation
All orders of Products on the Site by the Buyer imply the full and complete acceptance by the Buyer and the Seller of these General Terms and Conditions of Sale, without exception or reservation.
Only orders with a minimum of 12 meals, independently of the number of Products, can be validated. The “Starter Pack” Product, including 5 meals, is not subject to this rule and can therefore be ordered alone.
A summary of the Product ordered is communicated by the Seller to the Buyer at the e-mail address indicated on the Buyer’s identification form when ordering.
The summary of the Product order includes the following information:
– a summary of the Products ordered,
– the price,
– the date and time of the order,
– the date or period by which the Seller undertakes to deliver the Products,
– the Delivery costs,
– the payment method chosen by the Buyer,
– the withdrawal period for the Buyer and the way to exercise this right.
The Buyer shall promptly check the contents of the summary and immediately notify the Seller of any errors or omissions.
The order confirmation is equivalent to signature and acceptance of the transaction by the Buyer and the Seller.
The recorded confirmation of the order and all the data transmitted during the order are considered proof of the transaction in accordance with the French Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies and relating to electronic signature, and the sums incurred by the order are considered as due therefrom.
However, in case of fraudulent use of their credit card, the Buyer is invited, as soon as this use is noticed, to contact the Seller’s customer service as quickly as possible.
It is expressly agreed that, unless there is a manifest error on Seller’s part, the data stored in the Seller’s computer systems, under reasonable conditions of security, shall be probative with regard to orders made by the Buyer. Data in electronic or computerized form constitute valid evidence and, as such, are admissible under the same conditions and with the same probative value as any document drawn up, received or kept in writing.
The Seller undertakes to fulfil the orders placed on the Site and validated only within the limits of the available Product stocks. If the Products are not available, the Seller undertakes to inform the Buyer as soon as possible.
The Seller may refuse orders if the quantities of Products are abnormally high for Buyers who are consumers.
Article 7 - Payment
The validation of the Products order implies for the Buyer the obligation to pay the price indicated on the order confirmation.
The Buyer must pay for their order by credit card (Debit card, Visa, Eurocard, MasterCard) online at the moment the order is placed.
Payment for Product purchases on the Site is made through PayPal, a highly secure web payment infrastructure certified PCI level 1.
Article 8 - Availability
The Products are offered by the Seller on the Site within the limits of available stocks and their eventual shelf-life. For Products not stocked, offers are valid subject to availability.
In the event of unavailability of a Product after the order has been placed and validated, the Seller will inform the Buyer by e-mail as soon as possible. The Buyer’s order may then, according to its wishes, be cancelled and no bank debit will then be made by the Seller, or put on standby until the Product is restocked by the Seller.
Article 9 - Transfer of ownership
The products remain the Seller’s sole property until full payment of the price by the Buyer.
The transfer of ownership of the ordered Product takes place at the time of the physical transfer of the Product to the Buyer, the risks of loss or damage to the Products are then also immediately transferred from the Seller to the Buyer.
Article 10 - Delivery
The Delivery is made to the address indicated in the Buyer’s order form. They must indicate very precisely their address and postal code as well as any other relevant information for Delivery without using any abbreviation.
Only deliveries within the European Economic Area are possible. If the Buyer wishes to have its order delivered outside the European Economic Area, the Buyer is invited to contact the Seller.
The Delivery times indicated on the Site are the usual average times. The Seller shall make every effort to comply with these deadlines.
The Delivery time of the order varies according to the Delivery method chosen by the Buyer.
The Products are shipped by the Seller to the Delivery address indicated by the Buyer during the ordering process, within the deadline indicated on the order confirmation page.
In the case of a Delivery delay, an email will be sent to the Buyer to inform them of the possible consequences of the indicated Delivery time.
The Delivery cost is set at 5.90 euros (€) per order, regardless the number of Products concerned and the Delivery address indicated in the Buyer’s order form.
Delivery is free in France for orders over 70 euros (€) and in the rest of the European Economic Area for orders over 100 euros (€).
A specialized logistician is in charge of the Delivery, in order to ensure the best possible service. After payment of the order, they will send an email to the Buyer with the tracking number of the package to the email address indicated.
In the event of undue delay in Delivery, the Buyer has the right to cancel the order under the conditions and procedures defined in Article L 216-2 of the French Consumers’ Code. If in the meantime the Buyer receives the Product, they must return it to the Seller in its original packaging and without damage as soon as possible.
In the event of Delivery by carrier, the Seller cannot be held responsible for any delay in Delivery due exclusively to the Buyer’s unavailability after several proposals for appointments for delivery.
At the time of Product Delivery, the Buyer is required to check:
- That the number of packages delivered matches the information in the transport document and the invoice;
- That the packaging is intact, undamaged, not wet nor altered in any way, including for the materials used to close the package.
The Buyer must immediately report any damage to the packaging and/or the Products or an error in the number of packages or non-compliance of the information in the transport document, by submitting a written control reserve on the Delivery receipt. After signing the Delivery receipt, the Buyer may not raise any dispute regarding the external appearance of the Delivery packaging.
In the case of Delivery by tracked parcel, the Seller will apply the rates in effect at the Post Office on the day of the order.
Article 11 - Rescission
The order of Products can be rescinded by the Buyer in case of:
- Delivery of a Product that does not comply with the stated characteristics of the Product;
- Price increase that is not justified by a technical modification of the Product imposed by the public authorities.
The order of Products can be rescinded by the Buyer in case of:
- Delivery beyond the deadline set in the order form or, in the absence of such a deadline, within thirty days following the conclusion of the contract, after the Seller has been instructed, under the same terms and without result, to carry out the Delivery within a reasonable additional period;
The order of Products can be rescinded by the Seller in case of:
- Refusal of the Buyer to take the Delivery;
- Non-payment of the price at the time of order validation.
Article 12 - Withdrawal
The Buyer has a withdrawal period of fourteen (14) days from the date of Delivery of their order to return the Product to the Seller for exchange or refund without penalty, with the exception of the return costs, which are at their charge.
A standard withdrawal form is attached to these General Terms and Conditions of Sale. Its use by the Buyer is not mandatory.
In case of a Product exchange, the reshipment will be at the Buyer’s expense.
Any return must be reported in advance to the Seller’s customer service department:
– by e-mail: firstname.lastname@example.org
– by phone: +33 970 731 871
Returns must be made in their original and complete condition (packaging, accessories, instructions), with the purchase invoice as soon as possible and, at the very latest, within fourteen days following the communication of its decision to withdraw from the contract.
Returns are made to the following address: 231 rue Saint Honoré 75001 PARIS.
Any damage to the Product during its return is the Buyer’s responsibility and may be of such a nature as to invalidate the right of withdrawal.
If all the above conditions are met, the Seller will refund the Buyer of all sums paid, including Delivery costs, upon receipt of the returned Products or until the Buyer provides proof of shipment of the Products.
The refund will be made using the same method of payment as the one used by the Buyer in the initial transaction, unless the Buyer expressly agrees to use another method of payment and as long as the refund does not cause any costs to the Buyer. However, the Seller is not obliged to refund the additional costs if the Buyer has expressly chosen a more expensive Delivery method than the standard Delivery method offered by the Seller.
In accordance with Article L. 221-28 of the French Consumers’ Code, the right of withdrawal granted in case of remote selling may not apply in particular to the following contracts:
- Supply of goods that are likely to be deteriorated or expire quickly;
- Supply of goods which have been unsealed by the Buyer after Delivery and which cannot be returned for hygiene or health protection reasons.
Article 13 - Warranties
All Products available for order on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects.
All complaints, exchange or refund applications must be made by post within 30 days of Delivery.
The Products must be returned by the Buyer in the condition in which they received them with all the elements (accessories, packaging, instructions, etc.), as well as with the invoice justifying payment. Delivery costs will be refunded to the Buyer by the Seller on the basis of the invoiced rate and return costs will be refunded to the Buyer by the Seller upon presentation of supporting documents.
The provisions of this article do not prevent the Buyer from benefiting of the withdrawal right provided by Article 12.
Article 13.1 - Warranty against hidden defects
The Products offered on the Site are subject to the warranty against hidden defects set out in articles 1641 et seq. of the French Civil Code:
Article 1641 of the Civil Code:
“The Seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the Buyer would not have acquired it, or would have given only a lower price, if they had known them.”
The action resulting from hidden defects must be brought within two years from the discovery of the defect.
Article 13.2 - Legal warranty of conformity
The Products offered on the Site are also subject to the legal guarantee of conformity provided by Articles L. 217-4 et seq. of the French Consumers’ Code:
Article L.217-4 of the Consumer Code:
“The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
They shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter have been charged to them by the contract or have been carried out under their responsibility.”
The action resulting from the non-conformity is prescribed within two years from the Delivery of the Product.
The legal warranty of conformity applies independently of any commercial warranty.
Article 14 - Customer account
The Buyer, if they wish, can create a customer account that gives them access to many advantages: order faster, register different addresses, track their orders….
To create a customer account, the Buyer must provide the following information:
– First and last name
– E-mail address
– Choosing a password
The Buyer has the possibility to create an account with their Facebook or Google account.
All data collected when creating the customer account are processed in accordance with Article 15.
If the account becomes inaccessible to its holder, the holder may report it to the Seller’s services by contacting customer service.
Article 15 - Personal data
In accordance with the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the Buyer’s personal information may be processed by the Seller.
The processing of some of the Buyer’s personal data is mandatory in order to order the Products, but also to create a customer account and subscribe to the newsletter.
All the Buyer’s data are stored in the European Economic Area by the Seller.
Once their deletion period has been reached, the Buyer’s personal data may be freely anonymized by the Seller and thus processed for statistical purposes without the Buyer being able to oppose it and exercise its rights. The anonymized data then becomes the full property of the Seller.
The Buyer has a right of access, opposition, rectification, portability, limitation and deletion of their data in accordance with the laws and regulations in force. If the Buyer wishes to exercise their rights, they must contact the Data Protection Officer of the Buyer at 231 rue Saint Honoré 75001 PARIS or at the following e-mail address email@example.com.
The Buyer is also entitled to file a complaint before the “Commission Nationale de l’Informatique et des Libertés” (https://www.cnil.fr/fr/plaintes), without prejudice to any other judicial or administrative procedure, if they consider that the processing of their personal data constitutes a violation of their rights.
Article 15.1 - Personal data processed for order purposes
In accordance with Article 5, the Buyer who wishes to purchase a Product by ordering must fill in an identification form on which they must provide the Seller with the following information:
- E-mail address
- First and last name
- Postal address
- Phone number
- Payment information
This data is required to manage Product orders.
They cannot be used for any purpose other than the management of Product orders without the Buyer’s specific, free and enlightened consent.
The data collected may be transmitted to companies that contribute to the management of Product orders, and in particular their execution, payment processing.
All data collected for order management purposes are deleted within 3 years from the Delivery of the Products ordered, unless otherwise required by law or regulation.
Article 15.2 - Personal data processed for the purpose of creating and managing a customer account
In accordance with Article 14, The Buyer who wishes to create a customer account in order to benefit from a certain number of advantages must provide the Seller with the following information:
- E-mail address
- First and last name
All this data is mandatory for the creation and management of a customer account and in order to benefit from its advantages.
These data may not be used for any purpose other than the creation and management of the customer account without the specific, free and informed consent of the Buyer.
The data collected is only intended for the Seller.
All data collected for the purpose of creating and managing a customer account are deleted within 3 years of the Buyer’s last connection to their customer account, unless otherwise required by law or regulation.
Article 15.3 - Personal data processed for the purpose of sending the Newsletter
The Buyer who wishes to subscribe to the Newsletter must provide the Seller with their e-mail address.
The Buyer’s e-mail address is mandatory for subscription to the Newsletter, it may be transmitted to the companies that contribute to the sending of the Newsletter, but may not be used for any other purpose than sending the Newsletter to the Buyer without the Buyer’s specific, free and informed consent.
The Buyer’s personal data collected for the purpose of sending the Newsletter is deleted within 3 years of the last time the Buyer contacted the Seller.
Article 16 - Cookies
Cookies are files that can be used to track the Buyer’s path on the Site.
In general, Cookies record information relating to computer traffic on the Site (pages viewed, date and time of viewing, etc.), which may be read during subsequent visits by the Buyer to the Site (Seller’s recognition system for the Buyer on the Site) with data transmission – and which will be transmitted to the Seller.
Cookies are automatically deleted from the Buyer’s computer within a maximum period of 13 months.
For Mozilla Firefox:
- Chose the menu “Tools” then “Options”
- Click on the icon “Private life”
- Find the menu “Cookie” and select the options that suit you
For Microsoft Internet Explorer 8.0 and 7.0
- Click on the button “Start”, then on “Internet Explorer”. Click on the button “Security”, then on “Delete browsing history”
- Click on “Start”, then “Control Panel”, then “Internet Options”. Click on the thumbnail “General”, then “Browsing history”, click on “Delete”. Under “Cookies”, click on “Delete cookies”, then “Yes” to confirm.
- Activate the checkbox “Cookies”
- Click on “Delete”
For Microsoft Internet Explorer 6.0:
- Chose the menu “Tools”, then “Internet Options”.
- Click on the thumbnail “Confidentiality”
- Select the level of confidentiality you wish using the curser.
For Microsoft Internet Explorer 5 :
- Chose the menu “Tools”, then “Internet Options”.
- Click on the thumbnail “Confidentiality”
- Personalize the lever of confidentiality using the curser.
For Netscape 6.X and 7.X
- Chose the menu “Edit”, then ”Preferences”
- “Confidentiality and Security”
For Opera 6.0 and subsequent :
- Chose the menu “file”, then “Preferences”
- “Private life”
For Google Chrome :
- Click on “Settings”, then “Advanced Settings”
- In the section “Confidentiality”, click on “Known settings”
Article 17 - Intellectual property
All the elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, shape marks and copyrights are and remain the exclusive property of the Seller.
Unless otherwise specified, the intellectual property rights in the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who does not grant any license or any right other than the right to browse the Site and place orders for Products.
The reproduction of any page or content of this Site by the Buyer or any third party is subject to prior written authorization by the Seller.
The reproduction of any documents published on the Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and use of copies made for other purposes being expressly prohibited by the Seller.
It is prohibited to use trademarks, images or any other element on which the Seller holds intellectual property rights.
It is also prohibited to copy, modify, create a derivative work, reverse the design or assemblage or in any other way attempt to find the source code (except as provided by law), sell, assign, sub-license or transfer in any way any rights relating to the Site.
It is also prohibited to modify the Site or use modified versions of the Site and in particular (without this list being exhaustive) in order to obtain unauthorized access to the Site and to access the Site by any means other than through the interface provided to the Buyer by the Seller for this purpose.
The Site and any software necessarily used in connection with it may contain confidential information protected by applicable intellectual property rights or any other law.
The Buyer who has a personal website and who wishes to put, for personal use, a link directly to the Seller’s website on their website, must request prior written authorization from the Seller, who has the right to refuse it without specific reason.
In any case, any unauthorized links must be removed at the Seller’s request.
Article 18 - Liability
The Products comply with current French law. The Seller is not liable in the event of non-compliance with the legislation of a third country where the Product is shipped. It is the Buyer’s responsibility to consult the local authorities about the possibility of importing or using the Products ordered.
The Seller cannot be held liable for any damage resulting from misuse of the Product by the Buyer or any third party.
The nutritional composition of each Product is clearly displayed on the Site, as well as on each order and on the Products, the Seller cannot be held responsible for any intolerances or allergies of the Buyer.
The Seller is not liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses. The same applies to potential hypertext links present on the Site.
Finally, the Seller cannot be held liable in case the non-performance of its obligations would be attributable either to the unforeseeable and insurmountable circumstance of a third party to the contract or to a case of force majeure as defined by French case law, or due to the Buyer (article L. 221-15 of the Consumer Code).
Article 19 - Force majeure
In the event of a force majeure event or fortuitous event, due to the other party or a third party or external causes such as industrial disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network, without this list being exhaustive, the liability of the Buyer or the Seller cannot be sought if the performance of the contract is delayed or obstructed.
Article 20 - Archiving and proof
The Seller archives the purchase orders and invoices on a reliable and durable storage media constituting a reliable copy in accordance with the provisions of article 1360 of the Civil Code.
The Seller’s computerized records shall be considered by all parties involved as proof of communications, orders, payments and transactions between the parties.
Article 21 - Litigation
In case of dispute, the Buyer must first contact the Seller’s customer service department by e-mail (firstname.lastname@example.org) or by mail (231 rue Saint Honoré 75001 PARIS).
In the case of failure of the complaint request to customer service or in the absence of a response within two months, the Buyer may submit the dispute to the FEVAD E-COMMERCE MEDIATOR SERVICE (http://www.mediateurfevad.fr/) which will attempt, in complete independence and impartiality, to bring the parties together in order to reach a solution.
The Buyer and the Seller remain free to accept or refuse the use of dispute resolution through mediation as well as to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, the relevant court to resolve the dispute is the court of the defendant’s place of residence or the court of the place where the Product is effectively delivered.
The language of these General Terms and Conditions of Sale is English. These General Terms and Conditions of Sale are subject to French law.
Article 22 - Duration
These General Terms and Conditions of Sale apply throughout the period during which the Products offered for sale by the Seller are available online.
Article 23 - Domiciliation
The parties elect domicile at the addresses indicated on the order form for the Buyer and at the address appearing on the site for the Seller.
Article 24 - Invalidity
If any of the clauses of these General Terms and Conditions of Sale should be deemed invalid with regard to a rule in force or a court decision that has become final, it shall then be deemed unwritten, without however causing the invalidity of all the General Terms and Conditions of Sale or altering the validity of the other provisions thereof.
(Please complete and return this form only if you wish to withdraw from the contract)
To be sent by email to email@example.com or by mail to 231 rue Saint Honoré 75001 PARIS
- I hereby notify you that I am withdrawing from the contract regarding the sale of the following Product(s):
- Ordering date:……………..
- Delivery date:……………………….
- My first and second name:…………………………………
- My postal address: …………………………………………