GENERAL CONDITIONS OF USE AND TERMS OF SALE

Updated on 10/04/2023

The website

www.disgrobel.fr

(hereinafter the Platform )

is an initiative of :

DISGROBEL FOODS & BEVERAGES PARTNERS SASU
40 rue de Tivoli
67000 Strasbourg
France
Company number (SIREN/TVA): 809858095/FR68809858095 / E-mail: admin@disgrobel.fr
Phone: +33(0)9 72 31 59 60

(hereinafter " DISGROBEL FOODS & BEVERAGES PARTNERS SASU " or the " Seller")

1. TERMS AND CONDITIONS OF USE

1.2 Scope of application

These general conditions of use (hereinafter the " GCU") apply to any visit to or use of the Platform and its information by an Internet user (hereinafter the " User").

By visiting or using the Platform, the User acknowledges having read these GTU and expressly accepts the rights and obligations set forth herein.

In exceptional cases, the provisions of the GCU may be waived by written agreement. Such derogations may consist in the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCU.

We reserve the right to modify our TOU at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.

2. Platform

2.1. Access and navigation

Access to and use of the Platform is restricted to persons aged 18 or over. Each User declares on his or her honour that he or she is of the required age. We reserve the right to request proof of age by any means.

We take all reasonable and necessary measures to ensure the proper operation, security and accessibility of our Platform. However, we cannot offer any guarantee of absolute operability and our actions must therefore be considered as covered by an obligation of means.

Any use of the Platform is always at the User's own risk. We are therefore not liable for any damage resulting from malfunctions, interruptions, defects or harmful elements on the Platform.

We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation to give prior notice.

2.2 Contents

DISGROBEL FOODS & BEVERAGES PARTNERS SASU largely determines the content of the Platform and takes great care with the information contained therein. We take all possible steps to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without liability.

DISGROBEL FOODS & BEVERAGES PARTNERS SASU cannot offer an absolute guarantee concerning the quality of the information presented on the Platform. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up to date. Consequently, DISGROBEL FOODS & BEVERAGES PARTNERS SASU cannot be held liable for any direct or indirect damage that the User may suffer as a result of the information presented on the Platform.

If any content on the Platform infringes the law or the rights of third parties, or is otherwise unethical, we ask you to inform us as soon as possible by e-mail so that we can take appropriate action.

Any downloading from the Platform always takes place at the User's own risk. DISGROBEL FOODS & BEVERAGES PARTNERS SASU shall not be held liable for any damages, direct or indirect, arising from such downloads, such as loss of data or damage to the User's computer system, which are entirely and exclusively the User's responsibility.

2.3 Services reserved for registered Users

2.3.1 Registration

Access to certain services is subject to User registration.

Registration and access to the Platform's services are reserved exclusively for individuals of legal age and capacity who have completed and validated the registration form available online on the Platform, as well as the present GTC.

When registering, the User undertakes to provide accurate, truthful and up-to-date information about himself/herself and his/her marital status. In addition, the User must regularly check his or her personal data to ensure that it is accurate.

The User must therefore provide a valid e-mail address, to which the Platform will send confirmation of registration for its services. An e-mail address may not be used more than once to register for services.

All communications sent by the Platform and its partners are therefore deemed to have been received and read by the User. The User therefore undertakes to regularly check messages received at this e-mail address and, if necessary, to reply within a reasonable time.

Only one entry per person is permitted.

The User is given a login enabling him/her to access an area reserved for him/her (hereinafter referred to as the " Personal Area"), in addition to entering his/her password.

Users can change their login and password online in their Personal Area. The password is personal and confidential, and the User undertakes not to communicate it to third parties.

In any event, DISGROBEL FOODS & BEVERAGES PARTNERS SASU reserves the right to refuse a registration request for services on the Platform if the User fails to comply with the GCU.

2.3.2. Deregistration

Regularly registered Users may request to be removed from the Platform at any time by visiting the dedicated page in their Personal Area. Any unsubscription from the Platform will be effective after the User has filled in the form provided for this purpose, within the following time limit: 24 hours.

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that any relationship exists between Disgrobel Foods and Beverages Partners sasu and the external website or that any implicit agreement exists with the content of such external websites.

DISGROBEL FOODS & BEVERAGES PARTNERS SASU has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he/she leaves the Platform. We cannot therefore be held liable for any subsequent damage.

4. Intellectual property

The structuring of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc., which make it up or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force with respect to intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.

The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial purposes. Except with prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.

The User is prohibited from introducing data to the Platform that would modify or be likely to modify its content or appearance.

5. Personal data protection

The personal data provided by the User when visiting or using the Platform are collected and processed by DISGROBEL FOODS & BEVERAGES PARTNERS SASU exclusively for internal purposes. DISGROBEL FOODS & BEVERAGES PARTNERS SASU assures its users that it attaches the utmost importance to the protection of their privacy and their personal data, and that it always undertakes to communicate clearly and transparently on this point.

DISGROBEL FOODS & BEVERAGES PARTNERS SASU undertakes to comply with the relevant applicable legislation, namely the Law of December 8, 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The User's personal data is processed in accordance with the Privacy Policy available on the Platform.

6. Applicable law and jurisdiction

These GCU are governed by Belgian law.

In the event of a dispute, and failing amicable settlement, the dispute will be brought before the courts of the judicial district where DISGROBEL FOODS & BEVERAGES PARTNERS SASU has its registered office.

7. General provisions

DISGROBEL FOODS & BEVERAGES PARTNERS SASU reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring any liability.

In the event of a breach of the GCU by the User, DISGROBEL FOODS & BEVERAGES PARTNERS SASU reserves the right to take appropriate sanctions and remedial action. In particular, DISGROBEL FOODS & BEVERAGES PARTNERS SASU reserves the right to deny the User access to the Platform or our services temporarily or permanently. Such measures may be taken without giving any reason and without prior notice. DISGROBEL FOODS & BEVERAGES PARTNERS SASU cannot be held liable for such measures, nor can they give rise to any form of compensation.

The illegality or invalidity, in whole or in part, of any provision of our TOU shall not affect the validity and enforceability of any other provision. In such a case, we have the right to replace the provision by another valid provision of similar scope.

TERMS AND CONDITIONS OF SALE

1. Scope of application

These general terms and conditions of sale (hereinafter the " GTC") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter the " Customer").

The GCS express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which the order will not be validated.

In exceptional cases, deviations from the provisions of the GTC may be made, provided that such deviations have been agreed in writing. Such derogations may consist in the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTS.

DISGROBEL FOODS & BEVERAGES PARTNERS SASU reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online for all purchases made after this date.

2. Online store

Through the Platform, the Vendor provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value.

Products and services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Vendor cannot be held responsible.

Products and services are offered subject to availability.

Prices and taxes are specified in the online store.

3. Awards

The Seller reserves the right to modify its prices at any time by publishing them online.

Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability at that date.

Prices are indicated in euros and do not include any delivery charges, which are indicated and invoiced in addition before the order is validated by the Customer.

The total amount of the order (including all taxes) and, where applicable, delivery charges is indicated before final validation of the order form.

4. Online ordering

The Customer may fill in an order form online, using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.

For the order to be validated, the Customer must accept the present General Terms and Conditions by clicking where indicated.

The Customer must provide a valid e-mail address, billing address and, if applicable, delivery address. Any exchange with the Vendor may take place via this e-mail address.

In addition, the Customer must choose the delivery method and validate the payment method.

The Vendor reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem with the Customer's account, until the problem is resolved.

5. Order confirmation and payment

The Vendor retains ownership of the items ordered until full payment for the order has been received.

5.1. Payment

The Customer makes payment at the time of final validation of the order, using the chosen method of payment. This validation takes the place of a signature.

The Customer guarantees the Vendor that he/she has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as the payability of the sums due for the order.

The Vendor has set up a procedure for verifying orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including by requesting identification data from the Customer.

In the event of refusal to authorize payment by credit card by the accredited organizations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.

The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

5.2. Confirmation

On receipt of the purchase confirmation and payment, the Vendor sends the Customer an invoice, unless the latter is delivered with the order.

The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) prior to delivery.

In the event of unavailability of a service or product, the Vendor will inform the Customer by e-mail as soon as possible in order to replace it or cancel the order of this product and possibly to refund the related price, the remainder of the order remaining firm and definitive.

6. Proof

Communications, orders and payments between the Customer and the Vendor may be proven by means of computerized registers stored in the Vendor's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

7. Delivery

Delivery is made only after confirmation of payment by the Seller's bank.

Products are delivered to the address indicated by the Customer on the online order form. The Customer will be invoiced for any additional costs arising from incomplete or erroneous information. For reasons of availability, an order may be subject to several successive deliveries to the Customer.

Delivery takes place, depending on the method chosen by the Customer, within the following timescales:

Standard delivery: 6-8 DAYS
Express delivery: 2-3 days
Premium delivery: 24 hours

Delivery times are given for information only. No compensation may be claimed from the Vendor or the carrier in the event of late delivery. If delivery times exceed thirty days from the date of the order, the sales contract may be cancelled and the Customer reimbursed.

7.1. Checking the order

On receipt of the products, the Customer or recipient shall check that the product delivered is in good condition or that the service provided is in conformity.

In the event that one or more of the products ordered are missing or damaged, the Customer or recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Vendor.

Verification is considered to have been carried out when the Customer or a person authorized by him has received the order without expressing any reservations.

Any reservation not made in accordance with the rules defined above and within the allotted time will not be taken into account and will release the Vendor from all liability towards the Customer.

7.2. Delivery error

In the event of a delivery error or non-conformity of the products in relation to the information on the order form, the Customer shall inform the Vendor within three working days of the delivery date.

Any claim not made within the allotted time will not be taken into account and will release the Vendor from all liability towards the Customer.

8. Feedback and discussion

The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, in accordance with the following procedure:

Product returned in its original packaging within 15 days of the order delivery date, to our warehouse address. Disgrobel Foods & Beverages Partners: 3 rue Maurice Hollande, 5100 Reims France

Any claim or return not made in accordance with the rules defined above and within the allotted time will not be taken into account and will release the Vendor from all liability towards the Customer.

Any product to be exchanged or refunded must be returned to the Vendor in its entirety and in its original packaging. Return shipping costs are at the Customer's expense.

9. Warranties

The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time the contract is concluded.

9.1. Warranty of conformity

If the customer is a consumer, he or she has two years from delivery of the product to invoke the legal warranty of conformity. However, if the product purchased was second-hand, the warranty period is one year.

Any lack of conformity must be reported to the Vendor as soon as possible, and in any event no later than two months after its discovery.

10. Right of withdrawal

If the Customer is a consumer, he may exercise his statutory right of withdrawal within 14 working days of delivery of the goods or conclusion of the service contract.

After having communicated his decision to withdraw, the Customer then has 14 days to return or restitute the goods.

Any retraction not carried out in accordance with the rules and deadlines defined in the present article shall not be taken into account and shall release the Vendor from any liability towards the Customer.

The Customer may request a refund of the returned product, without penalty, with the exception of the return costs, which remain at the Customer's expense.

The return or exchange of the product will only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.

The Vendor shall reimburse the Customer for all sums paid, including delivery costs, within 14 days of recovery of the goods or transmission of proof of shipment of the goods.

If the order concerns, in whole or in part, digital content not supplied on a physical medium, the Customer hereby accepts to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.

10. 
    Data protection

The Vendor will keep proof of the transaction, including the order form and the invoice, in its computer systems under reasonable security conditions.

The Seller guarantees to protect the Customer's personal data in accordance with the Privacy Policy available on the Platform.