General Sales Conditions

General Conditions of Sale

 

Article 1 – Definitions

These General Conditions of Sale (hereinafter the “GTC”) are offered by the company cook at home under the number (NEQ)2280249691 and whose registered office is located at .7959 Avenue de Cornouailles Québec Canada G1H 3V9  (hereinafter “cook at home »).

Hereinafter referred to as:

“Site”: the site "https://www.cuisinezchezvous.com” and all of its pages, exclusive property of the Company.

“Products” or “Services”: all products (materials) and services (performances) that can be purchased or subscribed to on the Site.

“Seller”: cook at home , legal entity or individual, offering their Products or Services on the Site.

“Client”: the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

“Consumer,” in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity.”

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or to 

save on a durable medium before proceeding with an order on the Site.

The Client acknowledges having read the GTC and accepts them in full.

Article 2 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to the Client are those in effect on the day of their order on the Site.

The legal information regarding the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the terms of use, legal notices, and data charter of this Site.

The present Site offers the online sale of wax hair removal cosmetic products as well as accessories.

The Site is freely accessible and free for all Clients. The acquisition of a Product or Service implies the acceptance by the Client of all these General Terms and Conditions (GTC), which acknowledges having fully understood them. This acceptance may consist, for example, for the Client, in checking the box corresponding to the acceptance statement of these GTC, which may state "I acknowledge that I have read and accepted all the general conditions of the Site." Checking this box will be deemed to have the same value as a handwritten signature from the Client.

The acceptance of these GTC implies that Customers have the necessary legal capacity for this. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.

The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless they provide contrary evidence, they waive the right to contest them in case of dispute.

Any Order of Products implies the unconditional acceptance by the Customer and their full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and prior derogatory agreement from the Company.

Article 3 – Customer service

The customer service of this Site is accessible by email at the following address: “ contact@ cuisinezchezvous.com “ via the form or by postal mail at the address indicated in the legal notices. The Customer must indicate in the email their first name, last name, the subject of their request, and their Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by email at contact@ cuisinezchezvous.com.com.

Article 4 – Order subscription modalities and description of the purchasing process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

The photos on the Site are non-contractual and may vary significantly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, shooting angles, etc.

The term "Cart" is defined below as the intangible object grouping all the Products or Services selected by the Customer from the Site for the purpose of purchase by clicking on these items. To proceed with their order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart," the contents of which can be modified at any time.

1. The Customer places the Order on the Site: the Customer registers and validates the Order on the Site.
2. To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking the "add to Cart" button. On the "Cart" page, the Customer has the option to review the details of their Order and correct any errors before confirming it.
3. On the "Information" page, the Customer must enter their contact information. They can opt for order tracking via email by checking the required box.
4. On the "Delivery" page, the Client must choose their shipping method that is offered to them.
5. On the "Confirmation" page, the Client must enter their banking details as well as the billing address. The Client also has the option to enter a promotional code if they have one.
6. A complete summary of the Order appears. The Client has the option to modify all elements of the Order before finalization. The Client is responsible for any errors related to the Order, the Products, and contact information.
7. The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, accepted the General Terms and Conditions of Sale, and proceeded with payment according to the methods they have chosen, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of receipt of the full payment of the total price TTC duly noted.

Article 5 – Prices and payment terms

Unless otherwise stated, the prices listed in the catalog are in Euros, all taxes included (TTC), taking into account the applicable VAT on the day of the order and excluding any contribution to processing and shipping costs.

Cook at home reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. However, the price listed in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on the present Site and can make payment by Credit Card, Bancontact, Apple Pay, or Paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider.

The present Site does not have access to any data related to the Client's payment methods. Payment is made directly between the Client and the bank or payment service provider receiving the Client's payment. In the case of payment by bank transfer, the delivery times defined in the article "Deliveries" of these General Terms and Conditions only begin to run from the date of actual receipt of payment by the Seller, who can provide proof by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.

cook at home archive purchase orders and invoices on a reliable and durable medium that constitutes a true copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions that occurred between the parties.

Article 6 – Deliveries

Delivery fees will be indicated to the Client before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated at the time of the order are for informational purposes and remain dependent on possible delays from postal services or other special cases preventing delivery (demonstrations, bad weather, etc.).

In the case of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Client declares themselves the importer of the Product and accepts that in such cases the Seller may be materially unable to provide them with accurate information on the total amount of fees related to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller commits in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.

During a hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly regarding the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products…); any anomaly must then be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. During a mailbox delivery, the client agrees to immediately check the package and contact support. cook at home  if they notice any anomaly. If they fail to comply with these requirements, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to comply with the Client's request to exercise the right of refusal.

If the Client's package is returned to the Seller by the Post or other postal providers, the Seller will contact the Client upon receipt of the returned package to ask for instructions regarding their order. If the Client mistakenly refused the package, they may request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders where shipping costs were offered at the time of the order.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, meaning if the Customer is a Consumer and the contract made to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or timeframe indicated to the Consumer Customer at the time of their order or, in the absence of a date or timeframe indication at the time of the order, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Customer, upon written request from them by registered letter with acknowledgment of receipt, if after having urged the Seller to make the delivery they have not complied. The Consumer Customer will then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, for the total amount paid. This clause does not apply if the delivery delay is due to a case of force majeure.

Specific case of a package whose tracking number indicates it is "delivered" but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox despite the tracking number indicating it is "delivered," customer service may ask for additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then do everything possible to ensure Customer satisfaction, including offering immediate reshipment of the products at their own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product from their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, except for return shipping costs, within fourteen days from receipt by cook at home  for the refund request.

The Product must be returned in perfect condition, unopened and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to cuisiniez chez vous . It is understood that the Customer will bear the return shipping costs in the event of withdrawal.

It is recommended that the Customer return the package using a solution that allows for tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with postal services to ask them to locate it.

The refund will be made using the same payment method as that chosen by the Client for the initial transaction, unless the Client expressly agrees for the Seller to use another payment method, and to the extent that the refund does not incur any costs for the Client.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such demonstration has not occurred previously.

In case of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of: 

cook at home - 7959 Avenue Cornouailles Québec Canada G1H 3V9

I / we (*) hereby notify you of my / our (*) withdrawal from the contract concerning the sale of the item below:

Order number:

Name / First name:

Phone number: 

Email address:

Postal address:

Reason for the claim:

• Exchange* (mention the desired product)
• Refund* (attach a complete bank account details with IBAN and BIC mentioned)

Signature of the Client(s) (only in case of notification of this form on paper):

Date:

(*) Cross out the unnecessary mention.

Article 8 – Product Warranty

Legal provisions to reproduce

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code, unless the seller has stipulated that they will not be obliged to any warranty; in the event of invoking this warranty, the buyer has the choice between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension, or interruption of the statute of limitations cannot have the effect of extending the extinctive statute of limitations beyond twenty years from the day the right was born in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal warranties, as provided by the Civil Code;

Legal warranty of conformity

The Seller is required to deliver a good that complies with the contract concluded with the Consumer Client and to respond for any compliance defects existing during the delivery of the Product. The compliance warranty may be exercised if a defect were to exist on the day of taking possession of the Product.

On the other hand, it will be the Client's responsibility to prove that the defect existed at the time of taking possession of the Product. 

“In case of non-compliance, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the good or the importance of the defect. They are then required to proceed, unless impossible, according to the option not chosen by the buyer.”

Legal warranty against hidden defects

In the event of non-compliance of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In case of impossibility to exchange the Product (obsolete Product, out of stock, etc.), the Client will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including the return shipping costs of the Product) shall then be borne by the Seller.

Article 9 – Liability

The Seller cook at home  shall not be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for any indirect damages resulting from these, loss of business, loss of profit, damages, or costs that may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial inability to use the Products, particularly due to hardware incompatibility, shall not give rise to any compensation, refund, or liability of the Seller, except in the case of a proven hidden defect, non-compliance, defectiveness, or exercise of the right of withdrawal if applicable, that is to say if the Client is not a Consumer Client and the contract made to acquire the Product or Service allows for withdrawal, according to article L 121-21 of the Consumer Code.

The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any case, cook at home shall not be held responsible in any case:

• for any direct or indirect damage, including loss of profits, loss of earnings, loss of clientele, or data losses that may result from the use of the Site, or conversely from the impossibility of using it;
• of a malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or the use of a browser not commonly used by the Customer;
• of the content of advertisements and other links or external sources accessible by Customers from the Site.

The Seller's liability cannot be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the Civil Code, events independent of the will of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, are considered as force majeure or fortuitous events, to the extent that their occurrence makes the execution of obligations completely impossible.

The occurrence of a force majeure event will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties observe the persistence of the force majeure event, the Order may be canceled by either party, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.

The effective date of termination will be the date of first presentation of the letter. In this case, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations, and images, whether visual or auditory, reproduced on the Site are protected under copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any way, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written agreement of the Company. In all cases, any link, even tacitly authorized, must be removed at the simple request of the Company.

Only the use of the Site for private purposes, subject to different or more restrictive provisions of the Intellectual Property Code, is permitted.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is sanctioned under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual content, pictorial or video content, without this enumeration being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Client found guilty of counterfeiting may have their account deleted without notice or compensation, and this deletion shall not constitute damage to them, without prejudice to any potential legal action against them, initiated by the Seller or their representative.

The brands and logos contained in the Site may be registered by cook at home, or possibly by one of its partners. Anyone proceeding with their representations, reproductions, interweavings, broadcasts, and rebroadcasts is subject to the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.

Article 12 – Processing of personal data

1. The Company collects the Client's data:
2. a) for the purpose of processing and tracking the Client's Order on their Site; (and/or)
3. b) for the purpose of being able to contact you about various events related to the Company, including updates on Products and customer relationship management; (and/or)
4. c) for the purpose of gathering information to help us improve the Site and our Products (notably through cookies).

The collected data is processed by the contractual service providers of the Site who are responsible for the packaging and distribution of the ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secured and protected by a firewall.

The collected data is retained by the Company only for the time corresponding to the purposes of the collection above and shall not exceed five (5) years in any case.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client has the right to access, modify, rectify, delete, or object for legitimate reasons regarding their data.

The Client can exercise their rights by email at contact@ cuisinezchezvous.com

Article 13 – Comments and other user proposals

If the Client sends ideas, proposals, or other items, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comment that the Client sends.

The Company is not and shall not be obligated (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, modify, or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or criminally reprehensible, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Client agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or property rights. The Client agrees not to write in their comments any illegal, defamatory, offensive, or obscene content, and that they will not contain computer viruses or other malware that could affect the operation of the Site or other associated websites. The Client agrees not to use a false email address, impersonate someone else, or attempt to mislead the Company and/or third parties regarding the origin of their comments.

The Client is fully responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims any liability regarding comments published by the Client or third parties.

Article 14 – Independence of clauses

If any provision of the GTCs is found to be illegal, null, or for any other reason unenforceable, then that provision shall be deemed divisible from the GTCs and shall not affect the validity and enforceability of the remaining provisions.

These GTCs replace all prior or contemporaneous written or oral agreements. The GTCs are not assignable, transferable, or sublicensable by the Client themselves.

A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings related to the GTC. The parties agree that all correspondence related to these GTCs must be written in French.

Article 15 – Applicable law and mediation

The General Terms and Conditions of Sale are subject to Estonian law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or forged credit card. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable shall not affect the validity of the other provisions and does not exempt the Client from fulfilling their contractual obligations.

Compensation

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, associated companies, successors, assigns, directors, executives, agents, service providers, attorneys, suppliers, and employees harmless from any claim or demand, including reasonable attorney's fees and court costs, caused by a third party due to or arising from your use of the website or our products and services, your violation of the terms, or your breach of your acknowledgments, agreements, representations, warranties, and obligations herein. 

National or cross-border disputes that may arise regarding the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Médiateur agréé par la Commission d’Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), est nommé en qualité de Médiateur de la Consommation, pour faciliter la résolution des litiges entre la Société et ses Clients, pour une durée de trois (3) ans à compter du [01/05/2019].

The website of the European Commission describes the mediation process used and allows Clients to submit an online request for mediation accompanied by supporting documents.

The dispute cannot be examined by the Mediator if:

- the Client does not justify having attempted, beforehand, to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is under examination by another mediator or by a court,

- the consumer has submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute is not within its scope of competence.

Mediation is free for the Client. If the Client engages a lawyer, a third party of their choice, or an expert to represent them at any stage of the mediation, they will bear the costs alone.

The Mediator shall not receive any instructions from the parties nor be compensated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge under the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or disputed credit card, or with a stolen or forged check. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable shall not affect the validity of the other provisions and shall not exempt the Client from fulfilling its contractual obligations.

Parts warranty:

The warranty is limited to 30 days from the date of purchase under normal usage conditions and excludes failure caused by an external factor. Under these conditions, the seller agrees to replace the defective part.

All rights reserved – July 01, 2022

Article 16: SMS Policy 

 

SMS Policy:

 

By consenting to SMS marketing from cuisinez chez vous at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS, including requests for review from us, even if your mobile phone number is registered on a national or federal do not call list. Message frequency varies. Consent is not a condition of purchase.

 

If you wish to unsubscribe from receiving marketing messages and notifications via SMS, reply with STOP to any mobile message sent by us or use the unsubscribe link we provided in one of our messages. You understand and agree that alternative withdrawal methods, such as using different words or requests, will not be considered a reasonable means of withdrawal. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

 

For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://www.cuisinezchezvous.com/pages/contact or by email at contact@ cuisinezchezvous.comfor more information.

 

We have the right to change any phone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a phone number or short code that we have changed, including requests for STOP or HELP, may not be received, and we will not be obligated to honor requests made in those messages.

 

To the extent permitted by applicable law, you agree that we will not be responsible for the failed, delayed, or misdirected delivery of any information sent via the service, any errors in that information, and/or any action you may or may not take in reliance on the information or the service.

 

Your right to privacy is important to us. You can review our privacy policy: https://www.cuisinezchezvous.com/pages/politique-de-confidentitialite to determine how we collect and use your personal information.