fraiche-paris.fr (“the Site”) is edited by Fraîche Mademoiselle SAS (Fraiche Mademoiselle) with a capital of 10,550 Euros, whose headquarters is located at 32, rue des Martyrs in Paris (75009), registered with the Paris Registry of Commerce under the no. 823 428 412, intra-community VAT number FR22 823428412.
The general conditions of sale below apply to any order (the “Order”) of an article or service (the “Products”) from Fraiche Paris by any person (the “Customer”).
The general conditions of sale (GCS) apply without restriction or reserve to all Articles offered for sale on the Site.
The Customer must be aware of the GCS prior to any Order. The GCS is available on the Site
Any Order on the Site requires prior and unreserved acceptance by the Customer of this GCS and the applicable rates.
Confirmation of an Order following the order procedure offered on the Site constitutes acceptance of this GCS.
Fraiche Paris reserves the right to adapt or modify this GCS at any time, the version applicable to any sale being the one appearing online on the Site at the time of the Order.
Information on the Site and Accessibility of the Site
The Site is open to all users of the Internet network in principle accessible 24/7, unless interrupted, scheduled or not, by Fraiche Paris or its service providers, for the purposes of its maintenance or case of force majeure. Fraiche Paris cannot be held liable for any damage whatsoever resulting from unavailability of the Site.
Fraiche Paris does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the site will function without failure or interruption. Fraiche Paris cannot be held responsible for problems with data transmission, connection or unavailability of the network.
Creating a customer account
To order on the Site, the Customer must previously register on the Site by creating a customer account (the “Account”). To create this account, the Customer must complete a standard form for Customer information.
The Customer is responsible for the accuracy and completeness of this data, as well as for keeping it updated. If there is an error in the address of the recipient, Fraiche Paris cannot be held responsible for the inability to deliver the Products or the failure of any other steps that require the use of this data.
By registering on the Site, the Customer declares and warrants to Fraiche Paris that he or she is of legal age and has the legal capacity to enter into a contract, or if he or she is a minor, guarantees to hold a parental authorization to carry out his or her order.
Fraiche Paris may at any time, at its sole discrection and for any reason, cancel the Customer account.
The Products offered for sale are those present on the Site. They are offered within the limits of available stocks.
Fraiche Paris reserves the right to withdraw from sale, at any time, any Product on the site.
The information related to the Products is updated regularly, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
In the event of unavailability of an Article, after placing the Order, the Customer is informed by email, his or her order is then automatically canceled.
After ordering, the Customer may receive a Product previously returned by another Customer. Fraiche Paris only accepts the return of intact and undamaged Products, both conditions being checked before the Product is put back in stock and on sale.
Any Order requires Customer registration, or once the Customer is registered, the identification of the Customer via his or her Customer account. Any Product order requires payment of the amount corresponding to this order.
To complete an Order, the Customer must follow the Order process offered by the Site. This process involves successive steps, clearly described by the Site and resulting in the confirmation of the Order.
The Customer can select as many Products as he or she wishes. The selected products will be added to the shopping cart (the Cart”). The Cart accumulates the Products selected by the Customer and shows the price and related expenses. The Customer can freely modify the Cart before confirming his or her order. Confirming the order also confirms acceptance by the Customer of the General Conditions of Sale (GCS), the products purchased, their price, as well as the fees and conditions of the associated delivery.
After each Order completion, a confirmation email summarizing the Order will be sent to the Customer by Fraiche Paris. For this purpose, the Customer formally accepts the use of electronic mail by Fraiche Paris for confirmation of the Order content. Invoices are available on the Site under “My Account”.
If the Customer does not receive any email following his or her Order, it is the Customer’s responsibility to contact Fraiche Paris as described in this GCS.
Fraiche Paris cannot under any circumstances be held responsible in the event of a typing or transmission error that does not allow the delivery of the confirmation email and/or the Products.
For any question relating to the follow-up of an Order, the Customer must consult his or her customer account on the Site or contact Customer service following the terms and conditions described in this GCS
Product prices and payment methods
Prices are given on the Site in Euros, taxes included. Delivery charges are not included.
They take into account the VAT applicable in France and any discounts applicable on the day of the Order.
Fraiche Paris reserves the right to change prices at any time but the products will be billed based on the rates in effect at the time of registration of the Order, subject to availability of said Products.
Payment is due when the Order is confirmed. Payment for purchases is done by bank card through the secure platform of our partner STRIPE.
The Customer expressly acknowledges that the communication of his or her credit card number to Fraiche Paris is the authorization to debit his or her account up to the price of the Products ordered.
In the event of payment default, a notice of cancellation of the Order is sent to the Customer by email at the address provided by the Customer when registering for the Site.
The Customer will receive an Order number confirming the Order is being processed. Shipments and their conditions are also announced to the Customer by email, using the email address provided by the Customer when creating his or her account.
The Products ordered will be delivered within a maximum of 30 calendar days from the registration of the Order, subject to full payment of the price of this order.
The Customer is offered several delivery methods.
Fraiche Mademoiselle covers the cost of standard shipping.
Using the shipment tracking number, the Customer can follow the shipment of his or or package on the website of the carrier selected by the Customer.
The Customer is informed that it is his or her responsibility to precisely provide all the details necessary for the proper delivery of the package (access code, names, phone number, etc.).
If the customer is absent during delivery, a notice informs the Customer of the terms of retaining his or her package and its availability under the full and exclusive responsibility of the carrier.
If the delivery address entered by the Customer is not valid and therefore leads to a return of the package, the cost of resending the package to the new address sent will be borne by the Customer.
The Customer assumes all risks concerning the Products after their delivery.
If the delivery period is surpassed, the Customer may request the cancellation of the sale and obtain, within a maximum of fourteen days of his or her request to this effect, reimbursement of sums paid at the time of the Order.
Returns and reimbursement
Every non-professional consumer has a right of cancellation.
If a Product is delivered that does not meet the Customer’s expectations, or is damaged during transport, the Customer can return the Product to Fraiche Paris by following the proceedure hereinafter describe and accessible on the Site.
In order to receive a reimbursement, the Customer must make the return within 15 calendars after receipt of the Order.
Beyond this deadline of 15 days, no return can be accepted and Fraiche Paris will be absolved of any responsibility.
Fraiche Paris will pay the return shipping costs for the Customer if the cost of the Products to be returned exceeds 200€. If this amount is less than 200€, the Customer is responsible for the return shipping charge.
If this amount is less than 200€: the Customer is responsible for the return shipping charge. The Customer will proceed to return the products, in perfect condition, in their original packaging and with their labels intact to the following address: Fraiche Paris 32, rue des Martyrs 75009 Paris
If the amount of the order is greater than 200€: Fraiche Paris assumes the return charge for the Products. The Customer must login in to his or her account on the Internet site www.fraiche-paris.fr, click on “Return my order” and complete the return form. Fraiche Paris will then send the Customer a pre-paid label to adhere to the package.
If the Delivery location is outside of mainland France, Product return is the responsibility of the Customer who assumes the risks.
The Customer will proceed to return the Products, in perfect condition, with their labels intact and in their original packaging to the following address Fraiche Paris 32, rue des Martyrs 75009 Paris
Any non-compliant return will be rejected and Fraiche Paris will be absolved of any responsibility.
Once the Products have been received and verified, Fraiche Paris undertakes to reimburse the Customer as soon as possible and at the latest within thirty calendar days following the date of receipt of the return package, to the bank account or payment account the Customer used for payment of the Products.
Under the EU Directive 2011/83 / EU of the European Parliament and the Council of 25 October 2011 on consumer rights in the context of distance selling contracts, as transposed in the Customer’s country, the Customer is entitled to cancel his or her order at any time within 14 calendar days of the date on which he or she received your Products.
Sale Products can only be exchanged and cannot be reimbursed.
As of delivery, Articles are guaranteed against lack of conformity and defects rendering them unfit for their intended use under the conditions set forth in Articles 1641 to 1649 of the Civil Code and L211-1 et seq. of the Consumer Code:
Article 1641 of the Civil Code: the seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which so diminish this use, that the buyer would not have not purchased it, or would paid a lower price, if he or she had known.
Article 1648 paragraph 1 of the Civil Code: action resulting from latent defects must be filed by the purchaser within two years from the discovery of the defect.
Article L 211-4 of the Consumer Code: the seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also addresses any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was assigned this by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code: to comply with the contract, the item must:
1/ Be suitable for the purpose usually expected of a similar item and, if appropriate:
– correspond to the description given by the seller and possess qualities that were presented to the buyer as a sample or a model;
– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labeling;
2 / Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
– Article L 211-12 of the Consumer Code: the action resulting from lack of conformity is recorded within two years from the delivery of the goods.
This guarantee enables the Customer to return defective or non-compliant delivered items for reimbursement under the aforementioned conditions.
For any information or question, for a follow-up order or to exercise the guarantee, the Customer must contact customer service by email by filling out the contact form located on the contact page of the site.
Agreement upon proof
The Customer acknowledges and agrees that the registration systems of the Order shall show all transactions between Fraiche Paris and the Customer.
The Customer acknowledges and accepts that the proof of acceptance of the GCS is characterized by checking the words “I have read and I accept the terms and conditions of Sale”.
For this purpose, the Customer acknowledges and agrees that the computer data stored in the Fraiche Paris servers under reasonable conditions of security and integrity, are considered irrefutably as proof of acceptance of the terms of the GCS and proof of all transactions between Fraiche Paris and the Customer.
Fraiche Paris will archive Purchase Orders and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code and guarantees access to the Customer at any time if it is requested in accordance with the provisions of Article L. 134-2 of the Consumer Code.
Consequently, unless manifest error by Fraiche Paris proved by the Customer, the latter will not be able to contest the admissibility, validity or weight of evidence of the terms of the GCV and the content of the Order, on the basis of any legal provision whatsoever which specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute evidence and, if they are produced as evidence by Fraiche Paris in any contentious or other proceedings, will be admissible, valid and opposable in the same manner, under the same conditions and with the same weight of evidence as any document that would be prepared, received or kept in writing.
The Customer can at any time print, download and save a copy of the GCS on paper or electronic medium.
Fraiche Paris reserves the right to modify the information contained in this site at any time and without prior notice.
Fraiche Paris undertakes to describe with the greatest accuracy the Products sold on the Site and ensures in the best possible conditions the update of the information which is presented there.
However Fraiche Paris cannot guarantee the accuracy, precision or completeness of the information made available to the Customers on the Site.
In case of non-substantial differences between the presentation photos, texts and illustrations of the Products ordered on the Site, the responsibility of Fraiche Paris will not be engaged.
Fraiche Paris cannot be held responsible in case of breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.
In particular Fraiche Paris will not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-fulfillment, omission or accident beyond the control of Fraiche Paris and includes in particular (without limitation):
1. Strikes, closures or other industrial actions.
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use rail, boat, plane, road or other private or public transport.
5. Inability to use public and private telecommunication networks.
6. Acts, decrees, legislation, regulation or restrictions of all governments.
7. Strikes, failure or accidents of maritime, postal or other transport.
Execution of the GCS will be suspended for the duration of the Force Majeure Event and the delivery and delivery times will be extended accordingly. Fraiche Paris will endeavor as far as possible to end the case of Force Majeure or to find a solution enabling it to fulfill its contractual obligations despite the case of Force Majeure