Terms of Sale

1. Preamble

Welcome to Frenchroot.com, the official website of Frenchroot, your online specialist for authentic, quality food products. We carefully select products that highlight culinary flavors and traditions, while complying with current food safety standards.

Frenchroot is a company legally registered under number 980 558 100 00015, with registered office at 9 rue paul demange, 92360, Meudon La Forêt. For any questions or requests for information, you can contact us by e-mail at contact@frenchroot.com or via the contact form available on our website.

These General Terms and Conditions of Sale (GTCS) define the terms and conditions governing the contractual relationship between Frenchroot and its customers.

Before placing an order on Frenchroot.com, the customer acknowledges having read and accepted without reservation the present General Terms and Conditions of Sale (GTCS). This acceptance is formalized when the order is validated, which constitutes complete and unreserved acceptance of these conditions.

By validating his/her order, the customer also accepts that the GCS may be modified at any time by Frenchroot. However, only the terms and conditions in force at the time of the order are applicable to the order.

In order to guarantee transparency, the General Terms and Conditions can be consulted at any time on the Frenchroot.com site and are accessible from the footer of each page of the site.

The prices of products sold on Frenchroot.com are indicated in euros (€), inclusive of all taxes (TTC), and include VAT applicable on the day of the order.

The prices of products displayed on the site are subject to change at any time, but the products are invoiced on the basis of the price list in force at the time the order is validated by the customer.

Delivery charges, where applicable, are indicated separately before the order is validated.

Payment for orders is made exclusively online, using the payment methods offered on the site. All orders are due in full upon validation.

Product characteristics

The products sold on Frenchroot.com are foodstuffs carefully selected for their quality and authenticity. Product descriptions, photos and other information are provided for information purposes only. Although Frenchroot makes every effort to ensure their accuracy, slight variations may exist (for example: packaging, color, or presentation) without affecting the quality or essential characteristics of the products. Information provided, such as nutritional values or allergens, is that communicated by manufacturers and may be subject to change.

Product availability

Products offered for sale are available while stocks last. In case of unavailability of a product after the validation of an order, the customer will be informed as soon as possible by e-mail. Frenchroot may, at the customer’s option, offer an equivalent product or proceed with a full refund of the unavailable product.

Responsibility

Frenchroot undertakes to supply products that comply with current French legislation and are suitable for consumption. However, it is the customer’s responsibility to :

  • Check the compatibility of the products with their needs, particularly in the case of allergies or specific dietary requirements;
  • Respect the instructions for conservation and use indicated on the packaging of the products in order to ensure their quality until consumption.

Frenchroot cannot be held responsible for any damage resulting from improper use or storage of products after delivery.

Order Procedure on the Website

To place an order on Frenchroot.com, the customer must follow these steps:

  1. Select the desired products and add them to the cart.
  2. Verify the cart’s contents and ensure the selection is correct.
  3. Enter personal information required for delivery and billing.
  4. Choose a payment method and proceed with secure online payment.
  5. Confirm the order by accepting the present Terms and Conditions of Sale (TCS).

Once these steps are completed, the customer can finalize the order by clicking the confirmation button.

Customer Obligations

The customer agrees to provide accurate, complete, and up-to-date information when placing an order. They are specifically responsible for the accuracy of their delivery address, billing details, and payment method. Any error in the provided information that leads to delays or delivery errors will be the customer’s responsibility.

Order Confirmation

The order is considered final, and a contract is established between Frenchroot and the customer once Frenchroot validates the order after receiving payment. The order confirmation is sent to the customer via email. This confirmation includes a summary of the order, product details, the total amount, and delivery information.

Order Modification and Cancellation

Once the order is validated by the customer, it cannot be modified. However, the customer may cancel the order within the specified time frame, prior to shipment. Once the order is shipped, cancellation is no longer possible, except in cases of force majeure.

Refusal or Cancellation of the Order by Frenchroot

Frenchroot reserves the right to refuse or cancel any order for legitimate reasons, such as:

  • Product unavailability;
  • A payment error or suspicious transaction;
  • Suspicion of fraudulent activity or an attempted fraud.

If an order is canceled after payment, the customer will be notified, and the paid amount will be refunded as soon as possible.

Accepted Payment Methods

Frenchroot.com offers several payment methods to facilitate customers’ purchases:

  • Credit card (Visa, MasterCard, American Express)
  • Bank transfer (if applicable, based on the option chosen during the ordering process)

All payments must be made in euros (€) and are due immediately after the order confirmation.

Payment Security

Frenchroot.com uses secure payment solutions to ensure the confidentiality and safety of transactions. Payments are processed through a reliable online payment system that complies with security standards (SSL – Secure Socket Layer) to protect customers’ personal and banking information.

Under no circumstances will Frenchroot retain customers’ banking information. These details are handled exclusively by Frenchroot’s payment service providers, in accordance with their privacy and security policies.

Policy for Payment Failure or Refusal

If a payment fails or is refused, the order will be automatically canceled. The customer will be informed by email, and no merchandise will be shipped until the payment is validated.

Possible reasons for payment failure include:

  • Insufficient funds in the customer’s bank account;
  • Technical issues with the payment provider;
  • Incorrect payment information provided by the customer.

If payment fails, the customer may attempt the transaction again using an alternative payment method. In case of recurring issues or suspected fraud, Frenchroot reserves the right to suspend any new orders until the payment issue is resolved.

Geographical Coverage

Frenchroot.com currently delivers throughout the entire French territory, including Corsica, and ensures delivery to all regions of mainland France.

Indicative Delivery Times

Delivery times may vary depending on product availability and the shipping method chosen. Generally, delivery may take between 1 to 3 weeks after order confirmation, depending on the period and the stock status.

If products are being prepared, the delivery time may extend to 2 to 3 weeks. However, once the products are ready for shipment, delivery can typically be completed within one week.

Responsibility for Delays or Loss

Frenchroot is committed to dispatching orders as quickly as possible. However, we cannot be held responsible for delays or losses caused by carriers, especially during unforeseen events such as strikes, extreme weather conditions, or other circumstances beyond our control. In the event of a delay or lost package, the customer is responsible for contacting the carrier directly. Frenchroot will remain available to provide any necessary information or assistance to the extent possible.

Customer’s Obligation to Inspect Parcels Upon Receipt

Upon receiving their order, the customer must inspect the condition of the package and its contents. In case of damage or non-conformity, the customer must report any issues to the carrier at the time of delivery and contact Frenchroot within 48 hours of receiving the package. Any claims received after this period cannot be considered.

Right of Withdrawal for Non-Perishable Products

The right of withdrawal applies only to non-perishable products that have not been opened or altered. You have a period of 14 days from the receipt of the products to exercise your right of withdrawal, in accordance with Article L221-18 of the French Consumer Code. Returned products must be in their original condition and unused.

Clarification on Perishable Products

Certain products sold on our site are considered perishable due to their nature (fresh produce, meat, cheese, etc.). These items require specific storage, often at controlled temperatures, and may have a limited shelf life. Due to their perishable nature, these products are not eligible for the right of withdrawal, in accordance with applicable distance selling laws. We recommend carefully reviewing your order before validating it to avoid any errors.

Exception to the Right of Withdrawal

In compliance with Article L221-28 of the French Consumer Code, food and perishable products are not subject to the right of withdrawal. This includes all food products, whether perishable or not, once they have been opened or altered after receipt. Consequently, after order confirmation, such products cannot be returned, exchanged, or refunded, except in cases of defect or non-conformity.

Non-Returnable Products

All food products, including honey, jam, syrup, and cheese, are considered non-returnable due to their perishable nature or once they are opened. This also applies to non-perishable items like honey or jam once the jar is opened, as well as perishable products that cannot be returned for hygiene and safety reasons.

Gift Boxes Containing Perishable Products

If your order includes a gift box containing a perishable product (such as cheese, fresh items, etc.), the entire gift box will not be subject to the right of withdrawal, as per the legislation governing perishable goods. Therefore, even if the gift box includes non-perishable items, the right of withdrawal cannot be applied to the entire box.

Recommendations for Reviewing Orders Before Validation

Before validating your order, we recommend carefully checking the product details, including quantity, references, and allergens. Once the order is confirmed, it will be processed and shipped without the possibility of modification, cancellation, or return, except in cases of defective or non-conforming products.

Procedure for Defective or Non-Conforming Products

If you find that a product is defective or does not conform to your order, please notify us within 48 hours of receiving the package. You can contact us by email at contact@frenchroot.com, providing details of the issue and, if possible, attaching a photo of the affected product. We will guide you on how to proceed with a return or exchange if necessary.

Applicable Legal Warranties

In accordance with the provisions of the French Consumer Code and Civil Code, products sold on Frenchroot.com are covered by the legal warranty of conformity and the warranty against hidden defects. However, for food products, the right of withdrawal and the legal warranty of conformity may be limited by their perishable nature or expiration date.

Legal Warranty of Conformity

The legal warranty of conformity applies to all consumable products, allowing you to request repair, replacement, or reimbursement for defective items. For food products, this warranty is limited to the period before their expiration or use-by date as indicated. If a product is defective or non-conforming before this date, you have up to two years from the date of receipt to claim the legal warranty of conformity, subject to the nature of the product.

Warranty Against Hidden Defects

Under Article 1641 of the French Civil Code, the warranty against hidden defects applies to products with a defect that was not apparent at the time of purchase but renders the product unfit for its intended use. This warranty can be invoked within two years from the discovery of the hidden defect, provided the defect is discovered before the food product’s expiration date.

Limitation of Liability for Improper Use

Frenchroot cannot be held responsible for damages resulting from improper use, non-compliance with the product instructions, or disregard of safety precautions. In cases of damage caused by misuse, Frenchroot’s liability cannot be engaged.

Procedure to Benefit from Legal Warranties

Contact Customer Service

For any request regarding repair, replacement, or reimbursement, please contact our customer service team at contact@frenchroot.com. Include your contact information, order number, and a description of the issue.

Provide Supporting Evidence

Attach any relevant documentation, such as a photo of the defective or non-conforming product, to help us process your request quickly.

Return the Product

If a return is necessary, we will provide you with instructions. Return shipping costs will be covered by us if the product is deemed defective or non-conforming.

Limitation of Frenchroot’s Liability in Case of Force Majeure

In accordance with legal provisions, Frenchroot shall not be held responsible for any failures or delays in fulfilling its obligations where these failures or delays are caused by an event of force majeure. According to Article 1218 of the Civil Code, force majeure is an event beyond the control of the affected party, which could not have been reasonably anticipated at the time the contract was concluded, and whose effects could not be avoided by appropriate measures. Examples of force majeure include, but are not limited to, natural disasters (such as floods or earthquakes), armed conflicts, strikes, riots, terrorist acts, pandemics, or any other similar situation making the performance of contractual obligations impossible.

In case of force majeure, Frenchroot is committed to informing its customers as soon as possible and taking all necessary steps to minimize the impact of the situation on ongoing orders. Customers will be notified of any delays or cancellations of orders caused by a force majeure event.

Procedure in Case of Force Majeure:

  1. If a force majeure event occurs and impacts the fulfillment of the order, Frenchroot will notify the customer via email or phone as soon as possible.
  2. In the event of a delay or cancellation of the order, the customer may choose between a refund or a rescheduled delivery, depending on the circumstances.
  3. If the force majeure situation lasts more than 30 days, the customer may cancel the order and request a full refund.

Exclusion of Liability for Indirect Damages

Frenchroot shall not be held responsible for any indirect or immaterial damages resulting from a failure to fulfill its obligations. Indirect damages include, but are not limited to, loss of profits, loss of data, loss of business, or any other damages that do not directly result from the failure to meet contractual obligations.

As a result, Frenchroot’s liability is strictly limited to direct damages arising from a failure to fulfill contractual obligations, except in cases of force majeure mentioned above.

Procedure for Indirect Damages:

  1. If a customer believes they have suffered indirect damage due to a failure to fulfill our obligations, they must contact customer service at contact@frenchroot.com specifying the nature of the damage.
  2. Frenchroot will not be liable for any indirect damage but will ensure that each claim is carefully reviewed and responded to as soon as possible.

Collection and Processing of Personal Data

When making a purchase on the site, Frenchroot collects certain personal data from customers necessary for the execution of sales contracts and order management (name, address, email, etc.). This data is collected and processed in compliance with current regulations, including the General Data Protection Regulation (GDPR).

Protection of Personal Data

Frenchroot is committed to protecting its customers’ personal data and implementing appropriate security measures to ensure their confidentiality and integrity. Personal data is only used for order management, commercial communications, and associated services.

Reference to the Privacy Policy

For more information on the collection, processing, and protection of your personal data, we invite you to review our Privacy Policy, which provides detailed information on customers’ rights regarding their data.

Customers’ Rights Regarding Their Data

In accordance with the GDPR, you have several rights regarding your personal data:

  • Right of Access: You can request to know the personal data we hold about you.
  • Right of Rectification: You can request the modification of your personal data if it is incorrect or incomplete.
  • Right to Erasure: You can request the deletion of your personal data, subject to exceptions provided by law.
  • Right to Object: You can object to the use of your data for certain purposes, including direct marketing.
  • Right to Portability: You can request to receive your personal data in a structured, commonly used, and machine-readable format.

To exercise your rights, please contact us at contact@frenchroot.com or via the methods indicated in our [Privacy Policy].

Protection of Website Content

All content on the Frenchroot.com website, including but not limited to texts, images, photographs, logos, videos, graphics, icons, and software, is the exclusive property of Frenchroot or its partners and is protected by French and international intellectual property laws.

These elements are subject to copyright, related rights, trademarks, and other intellectual property rights.

Prohibition of Use Without Prior Authorization

Any reproduction, representation, modification, publication, transmission, or distribution, in whole or in part, of the content on this site is strictly prohibited without prior written authorization from Frenchroot, except in cases provided by law. Any unauthorized use may result in legal action for infringement of copyrights, trademarks, or other intellectual property rights.

For any authorization requests, please contact Frenchroot at the following address:
9 rue Paul Demange, 92360, Meudon La Forêt or by email: contact@frenchroot.com.

Governing Law

These Terms and Conditions of Sale (T&Cs) are governed by French law. In the event of a dispute, any question related to the interpretation, validity, or execution of these T&Cs will be subject to French law, subject to the mandatory provisions of local legislation.

Consumer Mediation

In the event of a dispute related to the execution of an online sales contract, the consumer may initiate a consumer mediation process. Mediation can be sought through an independent mediator, listed on the consumer mediators’ list, whose contact details will be provided upon request. The mediator will attempt to find an amicable solution between the consumer and Frenchroot.

For more information, you can visit the official website of consumer mediators: [Consumer Mediation Website].

Jurisdiction

In the event of a dispute that is not resolved through mediation, the competent courts will be those within the jurisdiction of Frenchroot’s registered office, unless the law requires another jurisdiction.

For any questions, complaints, or information regarding your order, products, or these Terms and Conditions of Sale, you can contact us at the following address:

Email: contact@frenchroot.com
Postal Address: 9 rue Paul Demange, 92360, Meudon La Forêt

Our team is available to respond to your requests as quickly as possible.

Version effective as of November 29, 2024