THANK YOU FOR CHOOSING TO BUY AT HOMEGOURMETGREEN
These General Terms and Conditions apply to the online sale of “Home Gourmet Chefs” Products (the “Products”) by Helios Market Product & Production Development B.V. with registered address Bloemgracht 31 H, 1016 KC Amsterdam, The Netherlands hereinafter the “Seller”,
“Customer” means any person placing an order on the Site
➢ All sales are subject to these terms and conditions which the Customer must read carefully.
➢ Deliveries take place in two timeslots: between 3:00 p.m. – 6:00 pm and 6:00 PM – 9:00pm
➢ Placing an order requires its payment; limited cancellation rights (see §6).
➢ Orders must be placed according to displayed dates and times of availability; the Seller cannot guarantee any particular availability
➢ Non-contractual photos
➢ The Seller does not cater to any special diets but does offer vegetarian choices
THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE CHOICE, PURCHASE AND ACCEPTANCE OF A PRODUCT
PLEASE ACT RESPONSIBLY
Article 1 – Scope of application
These General Terms and Conditions of Sale (“GTC”) define the rights and obligations of the parties in connection with the online sale of Products.
The Products sold are strictly for private consumption; any resale is prohibited.
By confirming the order, the Seller’s offer is accepted and the Customer accepts the price and description of the Products. The contract resulting from this confirmation will be governed by the terms and conditions in force on the date of the Order. The Seller reserves the right to modify its website, its procedures and terms and conditions, including these Terms and Conditions, at any time. However, where so required by an administrative or governmental authority, the modified GTC may apply to a transaction made prior to a modification.
Any order implies acceptance and obligation of payment.
The sale to minors is prohibited. The Customer declares having the legal capacity required to enter into a contract under these GTCs and purchase the Products offered on the site.
The Products offered for sale and delivered by the Seller are subject to available stock, as specified at the time of placing the order. Likewise, the Products may be changed without prior notice. The Seller is in no way liable in the event of temporary or permanent unavailability of a Product.
Article No. 2 – Products
THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE CHOICE AND PURCHASE OF A PRODUCT
The Products offered for sale are ready-to-eat products produced by the Seller.
The ingredients are not intended to meet the dietary needs of any group whatsoever (for example and without limitation: vegan, culinary requirements related to a religious or ethnic affiliation, etc.). Photographs and images are presented for information purposes and are non-contractual.
The details of each Product offered for sale are presented on the site (see ‘product’ and ‘allergens and ingredients’). While the Seller complies with all applicable laws and regulations regarding composition and labelling, it cannot rule out the presence of allergens or components that are offensive to said diets.
The Customer must therefore consult the Product fact sheets, both at the time of placing the order and at delivery, to learn the characteristics and specific information as well as the presence of allergens. The Customer is also invited to contact the Seller for any further questions. If the Customer has food allergies or has any doubt whatsoever as to the ingredients used in relation to particular sensitivities, the Customer is invited to select a different Product or not to place an order. Subject to the mandatory provisions of the law, in no event shall the Seller be liable in the event of an order error or an allergic reaction, except in the case of gross negligence or wilful misconduct.
The Customer agrees that in case of dispute, the written information on the Products displayed on the site shall prevail over any oral statement made by employees or representatives of the Seller.
Article no. 3 – Online order
By connecting to the website https://www.homegourmet.green the Customer accepts the website Terms And Conditions Of Use and the Cookies Policy.
– selects the desired Products,
– selects the date and place of delivery,
– completes the form with the information required to validate and process the order,
– chooses the method of payment online,
– confirms the order.
Orders must be placed no later than 8.00 p.m. on the day before the desired date of delivery. The time and place/point of delivery will be defined on the site.
When the Customer clicks on “confirm” this will be considered as his electronic signature. The Customer will receive confirmation of the acceptance of his order by the Seller by the receipt of an email from the Seller confirming the acceptance of his order. This message confirms that the order has been placed and includes the details of the sale.
The details recorded in Seller’s computer system – e-mails, notifications – constitute proof of Seller’s contractual relationship with the Customer, within the frame of the order.
Article No. 4 – Price
Prices are quoted in Euro, all taxes included. Prices are presented inclusive of VAT applicable on the date of the order. Any change in the VAT rate will automatically be reflected in the prices of the Products including any taxes or contributions that may be created or modified, whether through increase or decrease.
Prices cannot be changed once the Customer has placed an order. The prices of the Products ordered on the website and the order date in question shall serve as binding proof.
The prices take into account possible discounts applied during special offers. Any special promotional offer will be subject to these GTC. Promotional offers cannot be combined and are limited in time.
The delivery fee per order is EUR 4.50. No delivery fee shall be applied for deliveries over the value of EUR 50.00. The minimum order value if EUR 20.00.
Article No. 5 – Method of payment
When placing an order online, the Customer will indicate the selected method of payment. The price is payable in full on the day the Customer places the order, as indicated when confirming the order, by way of secure payment on the website.
Accepted methods of payment: Visa, MasterCard, American Express and iDeal.
Article No. 6 – No right of withdrawal
In view of the perishable nature of the delivered Products, and as permitted by applicable legal provisions, the Customer may not exercise any cancellation right. In accordance with these provisions, any order confirmed on the website is firm and final and payment is due.
However, the Seller will accept a modification or cancellation of an order up to twenty-four (24) hours before the scheduled delivery date. Changes will be accepted based on availability. In case of cancellation, the Customer may request a refund to his account by contacting the Seller directly (see Article 10).
Article No. 7 – Delivery
Delivery is made, between 3:00 p.m. and 6:00 pm or between 6:00 pm and 9:00 pm to the location specified by the Customer when placing the order.
The Seller undertakes to make every effort to deliver the ordered Products to the Customer at the place/delivery point. Delays in delivery do not entitle to any discount, compensation or cancellation of the order.
The Customer undertakes to examine the delivered Products to verify conformity with the order. The Customer may refuse delivery of a Product which is not the Product which the Customer has ordered online.
In this case, at the Customer’s discretion, the Seller will be required to:
- either deliver a compliant Product as soon as possible (or on a day to be agreed with the Customer),
- or refund the order in whole or in part if the Customer chooses to cancel the sale.
In addition, and notwithstanding the foregoing, if the Products ordered are not delivered within 2 hours after the delivery deadline at the place/location defined on the site, for any cause other than an event of force majeure or an act attributable to the Customer, the sale may be cancelled at the Customer’s request under the conditions provided for by law.
For cancelled orders, the sums paid by the Customer will be returned to him as soon as possible but no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
Article No. 8 – Liability, Guarantees, Force Majeure
The Customer benefits from warranties as provided by Dutch law. The Parties perform the contract in good faith.
For any complaint (for example, without this list being exhaustive: error or anomaly of the Products delivered, damage attributable to a Product, improper order performance, etc.), THE CUSTOMER MUST PROMPTLY ALERT THE SELLER AND KEEP, WHERE POSSIBLE, THOSE ELEMENTS THAT CAN BE USED TO DETERMINE THE NATURE OF THE PRODUCT CONCERNED AND/OR THE CIRCUMSTANCES OF THE COMPLAINT AND TO ASSIGN RESPONSIBILITY. THE CUSTOMER MUST TAKE THE NECESSARY MEASURES TO MITIGATE ANY EXISTING AND TO AVOID FURTHER LOSS OR DAMAGE.
The Seller is not liable in the event that the non-fulfilment of its obligations is attributable to a fact beyond its control or to an event of force majeure as defined by applicable law.
THE SELLER DOES NOT WARRANT THAT ITS WEBSITE WILL BE FREE OF ANY ABNORMALITY OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR DEVICE OR CONFIGURATION. The Seller shall not be liable for malfunctions or any type of foreseeable or unforeseeable damage arising from the use of the website or total or partial inability to use the website. Similarly, the Seller cannot be held liable for any inconvenience or damage arising from the use of the Internet, including an interruption in service, external intrusions or the presence of malware.
Article No. 9 – Data Privacy
This Article is supplemented by the Privacy & Cookies Policy which the Customer in invited to read (see the footer section of the Website)
Personal data provided by the Customer when placing the order are exclusively reserved for the processing thereof and the commercial relations that result therefrom. None of the information will be shared with a third party except when so required by request of an administrative or judicial authority and doing so only within the framework of the law. However, the Seller may be required to disclose all or part of the personal data to one or more affiliated companies (that is, any entity controlled, controlling or under the same control as the Seller, the notion of control being defined as any possession of more 50% of the shares or voting rights) or to subcontractors for the needs of processing the order. All affiliates or subcontractors in question will be subject to a duty of confidentiality and may treat this data only in accordance with Seller’s contractual provisions and applicable law.
The Customer is informed that the Seller may transfer his personal data to a country other than his country of residence, within the European Economic Area, but also without, and in particular that it may be transferred, stored and generally “processed” (as this term is defined in the General Data Protection Regulations – GDPR) by servers based in the EU.
The Seller shall take all necessary precautions, including measures of an organisational, technical, software and physical nature, with respect to digital security in order to protect the Customer’s personal data against loss, theft and fraudulent removal, as well as against any access, disclosure or alteration or unauthorised destruction of personal data. However, while the Seller will take all reasonable measures to preserve the security of the personal data, given that the Internet is not a protected environment and is beyond the control of the Seller, the Seller cannot guarantee the inviolability of data transferred or stored on the Internet.
The Seller will retain the Customer’s personal data for a maximum of five (5) years.
THE CUSTOMER IS ADVISED OF THE RIGHT TO OBJECT TO THE POSSIBLE TRANSFER OF HIS/HER PERSONAL DATA TO A THIRD PARTY, WITH THE EXCEPTION OF THIRD PARTIES RESPONSIBLE FOR VERIFYING MANDATORY DATA PROVIDED AT THE TIME OF ORDER PLACEMENT, IT BEING SPECIFIED THAT THIS OBJECTION MAY RESULT IN THE ORDER NOT BEING ABLE TO BE PROCESSED.
THE CUSTOMER IS FURTHER NOTIFIED THAT, IN ACCORDANCE WITH THE EUROPEAN REGULATION No. 2016/679/EU OF 27 APRIL 2016 (EFFECTIVE 25 MAY 2018), THE CUSTOMER BENEFITS FROM A RIGHT OF ACCESS, CORRECTION, PORTABILITY AND ERASURE OF HIS DATA OR EVEN LIMITING PROCESSING UNDER THE LAW. THE CUSTOMER MAY ALSO, FOR LEGITIMATE REASONS, OBJECT TO THE PROCESSING OF DATA CONCERNING HIM.
To exercise these personal rights, the Customer can send an email request to the Seller by email to firstname.lastname@example.org. The Customer acknowledges that all requests, as well the personal data itself, may be transmitted anonymously or not, as the case may be, but always in complete confidentiality and to the extent necessary, to an affiliate of the Seller, including its parent company, to the Legal Director and/or the Data Protection Officer of the Seller or the Group to which it belongs.
Article No. 10 – Complaints
In case of complaint, the Customer may notify the Seller at the following email address: email@example.com.
Any complaint concerning the Products as delivered must be made within forty-eight (48) hours after the delivery of the Products listed in the order confirmation email in order that we can assess and respond to the issue you have raised as best and expeditiously as we can. Except where otherwise provided by mandatory provisions of law, unfortunately we cannot assess any complaints concerning delivered products after this period.
Article No. 11 – Intellectual property
The Customer may use the Seller’s software (for the sole purpose of placing the order).
USE OF THE SELLER’S WEBSITE AND SOFTWARE FOR UNLAWFUL PURPOSES IS STRICTLY PROHIBITED.
Structure of the website, software, brands, trademarks, Product recipes, database structures, photographs, visuals, texts, still or moving images, sounds, graphics, logos, as well as the composition, recipes and know-how related to the Products are the exclusive property of the Seller, its affiliated companies and/or its licensors and are protected by French and international intellectual property law and the legal protection of databases.
The compilation of all content presented or made available through the Seller’s website is the exclusive property of the Seller and is protected by international intellectual property law and the legal protection of databases.
The Customer may not take or reuse parts of the content of the Seller’s site without its express written consent.
The trademarks and visuals of the Seller, its Affiliates or the group to which it belongs cannot be used for products or services that do not belong to them. Likewise, any use which could cause confusion among customers, or which in any way would disparage or discredit the Seller, its Affiliates or the group to which it belongs, is prohibited.
All other trademarks that do not belong to the Seller, its Affiliates or the group to which it belongs and which appear on the Seller’s website are the property of their respective owners, which may or may not be affiliated, related or sponsored by the Seller, its Affiliates or the group to which it belongs.
11.3 Rights granted
Subject to compliance with the website terms and conditions of use and these GTC and the payment of any sums due, the Seller grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable license for access, personal and non-commercial use of the Seller’s website.
This license does not include any rights to use the site, its content or Products for the purposes of
- sale (including resale) or any other commercial use
- the collection or use of a product listing, descriptions, or product prices;
- any use derived from the site, its content or the Products;
- any download or copy of account information for another merchant;
- any use of a website copier, or any other similar tool allowing users to collect or extract data.
This Customer is not granted a license or other intellectual or artistic property right on the Products.
The Products are sold exclusively for personal use.
Use of the intellectual property by the Customer or its licensee, other than for private use, may result in prosecution.
The following is also prohibited:
- Any reproduction, copy, sale, resale or other use or exploitation of all or part of the Seller’s website and/or Products, for commercial or non-commercial purposes.
- Framing and/or the use of framing techniques to insert any brand, logo or other commercial information (including images, texts, layouts or forms) belonging to the Seller.
- The use of meta tags or any other “hidden text” using the name or trademarks of the Seller, its Affiliates or the group to which it belongs
and in general, any unreasonable use and any use that is contrary to law.
Article No. 12 – Applicable law, language and jurisdiction
These General Terms and Conditions of Sale and the resulting transactions arising are governed by and subject to Dutch law excluding the United Nations Convention on Contracts for the International Sale of Goods. In case of dispute, exclusive jurisdiction is given to the competent court of Mulhouse.
The language of these general terms and conditions of sale is English. In the event that they are translated into one or more foreign languages, only the English version would prevail in case of dispute.
In the event that one of the provisions of the general terms and conditions would be declared void or ineffective, it shall be regarded as unwritten and would not affect the validity of the other provisions, unless the provision declared void or ineffective was essential and a determining factor for the conclusion thereof.
Article No. 13. Controlling language
The language of the contract is English. Seller may at its discretion provide translations into other languages for convenience alone. In case of discrepancy or difficulty of interpretation between the two language versions, the English language version shall prevail. Translations may not be used to construe the English version.
Version of 28/09/2020