These General Conditions of Sale ("GCS"), along with the special conditions referred to in Article 2, govern the entire relationship between the company TIPTOQUE, a SAS with a capital of 40,860 Euros, whose headquarters is located at 43 BIS rue Roger Jourdain, 92500 Rueil Malmaison (Siret 813 464 146) (hereinafter referred to as « TIPTOQUE ») and the Customer (hereinafter referred to as « the Customer ») who accepts them without reserve.
These GCS will prevail over any other conditions appearing in any other document, unless TIPTOQUE's prior, express and written exemption is granted.
ARTICLE 1 – ACCEPTANCE OF THE GENERAL TERMS OF SALE
The Customer declares that he has read and accepted these GCS before placing any order. Any order made on TIPTOQUE website « www.corporate.tiptoque.com » (hereinafter referred to as the « Website ») materialize the acceptance of these GCS by the Customer. TIPTOQUE reserves the right to adapt or modify these GCS at any time. The new GCS will be brought to the attention of the Customer by their online publication and will only be applicable to sales made after this online publication.
ARTICLE 2 – PRODUCTS
TIPTOQUE prepares, markets online and delivers dishes for the benefit of corporate clients. TIPTOQUE offer is marketed online, on the Website published by TIPTOQUE. These GCS apply to all these products.
TIPTOQUE offer is reserved for the Customer (necessarily of legal age for placing and paying for the order) for his own consumption, the resale of the products marketed by TIPTOQUE being formally prohibited.
The suggested products are those that appear in the catalogue published on the Website on the day of the order, within the limit of the dishes available. The composition of TIPTOQUE dishes is indicated on the Website. TIPTOQUE reserves the right to modify the composition of a recipe according to the availability of ingredients. The products presented for sale are subject to modification or deletion by TIPTOQUE without notice. The pictures and illustrations presented online aren’t contractual. The products are delivered cold according to the terms and conditions defined in Article 7 hereof. Their consumption can be delayed by one day provided they are kept in the refrigerator between 0° and 3°. It is up to the Customer to heat the products delivered by TIPTOQUE according to the instruction and recommendations on their packaging. TIPTOQUE cannot be held responsible in case of bad condition of the products after delivery, or in any other case where the Customer would not have respected the rules of hygiene brought to his knowledge by TIPTOQUE or by the health authorities. It’s the Customer’s duty to check before placing any order, particularly in case of food intolerance or allergies. Even if TIPTOQUE takes all the necessary care in the selection of its suppliers, the company is no way responsible for any erroneous data that may be transmitted by its own suppliers.
ARTICLE 3 – SPECIFIC TERMS OF SALE
The Customer acknowledges having read, at the time orders are placed, the special terms and conditions of sales as displayed on the Website, namely the price and description of the dishes (without this being exhaustive), and expressly declares that he accepts them unreservedly.
The placing of the order and its confirmation by the Customer materialise his full and complete acceptance of the general and special terms and conditions of sale, the only ones applicable to the order.
ARTICLE 4 – PRICES
TIPTOQUE’s offer is expressed in euros all taxes included (€TTC) considering the VAT rate applicable on the day of the order. TIPTOQUE reserves the right to modify its prices at any time and without notice, especially in case of a modification of the applicable VAT rate. The products are charged on the basis of the rates in force on the day of the order. Delivery costs are indicated in the order summary as " delivery costs ".
ARTICLE 5 – ORDER AND PAYMENT
The Customer can order on the Website. The Customer must select one or more dishes suggested, validate the order, and pay it online using the payment options proposed by TIPTOQUE. Payment by credit card will be made through a reliable and secure system. There is the possibility for the customer to choose a delayed payment option (to benefit from the payment at 15 days) if they have created an account on the website. To this end, the Customer undertakes to provide sincere, true and up-to-date information at the time the order is taken. TIPTOQUE cannot be held responsible for the consequences resulting from erroneous or incomplete data, in particular in the contact details of the recipient, the quantities and type of products ordered, or the account to be debited. TIPTOQUE confirms that the Customer’s order has been taken into account by e-mail. TIPTOQUE reserves the right to request additional information from the Customer, and to suspend an order, in case of an abnormally high order amount. TIPTOQUE reserves the right not to process an order in the event of any unforeseeable event. In such circumstances, no fee will be charged to the Customer. If required, TIPTOQUE will inform the Customer by any method. TIPTOQUE’s computerized records will be considered by TIPTOQUE and the Customer as proof of the communications, orders, payments, and transactions between the parties.
ARTICLE 6 – LACK OF RIGHT OF WITHDRAWAL
In accordance with the provisions of article L121-21-8 4 °° of the French Consumer Code, the right of withdrawal applicable in distance selling cannot be exercised in the case of the supply of goods which, because of their nature, are likely to deteriorate or quickly expire. In application of this text, it is expressly indicated that any order is firm and final and that the exercise of the right of withdrawal is excluded. Orders which have therefore been definitively confirmed by TIPTOQUE (Article 5 hereof) cannot be cancelled. The delivered product cannot be returned or exchanged, except error attributable to TIPTOQUE in the processing of the order.
ARTICLE 7 – DELIVERY
Deliveries take place according to the schedules defined on the Website. The delivery times are mentioned as a guide and are not contractual. Indeed, taking into account possible difficulties related to traffic in Paris region, an overrun of the delivery time of 15 to 30 minutes before or after the scheduled delivery time cannot be opposed to TIPTOQUE and the Customer may not claim any refund or compensation in this regard. In case of events of force majeure or in case of unforeseen circumstances beyond the control of TIPTOQUE, or its delivery service provider, the Customer acknowledges that the delivery may be delayed or cancelled. TIPTOQUE will inform the Customer by any means and reimburse the Customer for thee amount of the order, it being understood that the Customer will not be entitled to claim any damages. TIPTOQUE will not be able to satisfy requests for delivery outside the delivery area. The products are delivered to the delivery address indicated by Customer during the ordering process. The delivery is made by the direct handing-over of the products to the Customer. If the Customer is unavailable, the parties may agree on a new delivery schedule, depending on the availability of the delivery service provider with regard to its other deliveries. In the case that the delivery service provider does not manage to contact the Customer within one hour from agreed time, the order will be considered cancelled by right, and the price remains acquired by TIPTOQUE without any indemnity for the Customer.
ARTICLE 8 – COLD CHAIN COMPLIANCE
Deliveries of TIPTOQUE products are made by TIPTOQUE’s suppliers, who operate according to TIPTOQUE’s specifications. The products are transported in isothermal bags and boxes loaded with eutectic plates in order to maintain the products at the right temperature until their delivery to the Customer. Once the order has been delivered to the Customer, it is the Customer’s responsibility to keep his dishes between 0° and 3° and to consume them within two hours after delivery.
ARTICLE 9 – GUARANTEE – RESPONSIBILITY
The Customer benefits from the legal guarantee of conformity and the legal guarantee against hidden defects on the products sold, subject to a claim made in accordance with Article 10 below. Any guarantee is however excluded in the event of negligence, lack of maintenance on the part of the Customer (especially regarding the respect of the cold chain) or in case of force majeure events. TIPTOQUE’s guarantee is limited to the replacement or reimbursement of products that do not conform to the order or are affected by a defect. The Customer remains solely responsible for the choice of the products and their conservation. Furthermore, TIPTOQUE declines any responsibility in case of interruption of the Website, or in case of bugs, caused by fraudulent access to the Website, or the impossibility to access it, due to the risk inherent to telecommunications networks. TIPTOQUE cannot be held responsible if the non-execution or poor execution of an order is attributable to the Customer or related to technical constraints beyond the will of TIPTOQUE.
ARTICLE 10 – COMPLAINT
Any questions or complaints regarding the products delivered must be made within a maximum of twenty-four (24) hours after delivery, by email at hello@TIPTOQUE.paris.
After this period, any complaint will not be taken into account.