Terms of sale
The following provisions establish the General Terms and Conditions of Sale (GTCS) of the Holyfat brand products offered by the company ZANT SAS (hereinafter the "Seller") to any person (hereinafter the "Customer") visiting or making a purchase via the website www.holy-fat.com (hereinafter the "Site"), which is an e-commerce space that offers a service of ordering products remotely and then preparing products and delivering products. The full and complete adherence to the general terms of sale, developed below in sixteen (16) articles is necessary and indispensable to be able to place an order. Consequently, the Customer will not be able to prevail himself of an opposability on an unspecified clause, the placing of an order acting as an express acceptance of these.
These General Terms and Conditions of Sale govern exclusively the online sale of ZANT SAS products to Customers who are consumers and, together with the order form, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products, which are for information purposes only.
The General Terms and Conditions of Sale are made available to Customers on the Vendor's Site where they can be consulted directly by clicking on "GTC", and can also be communicated to them on request by e-mail or post.
The General Terms and Conditions of Sale are enforceable against the Customer who acknowledges having been informed of them by clicking on the "Pay Now" button at the time of ordering after having chosen his or her payment method.
The conservation and the reproduction of the General Conditions of Sale are ensured in accordance with the provisions of the Civil Code and the Customer recognizes to have the faculty to keep them. The Seller reserves the faculty to modify them at any time. In case of modification, the applicable General Terms and Conditions of Sale are those in force at the date of the order.
The nullity of a clause does not entail the nullity of the General Conditions of Sale except if it is a clause that led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale by the Seller shall not constitute a waiver of the other clauses of the General Terms and Conditions of Sale, which shall continue to have effect.
2.1. PLACING AND VALIDATION OF THE ORDER
To place an order, the Customer goes to the "OUR PRODUCTS" section of the Site. The Customer undertakes to complete the order form correctly and to fill in the various fields present (billing address, delivery address, delivery method, payment method, etc.). The order is valid only if all the information requested from the Customer is filled in.
If the Seller encounters a problem in fulfilling the order, it undertakes to inform the Customer within two (2) working days following the validation of the order.
The validation of the order by the Customer implies acceptance of the general terms of sale without reservation.
The customer will receive an email of satisfaction within seven days following the shipment of his order.
2.2. PROOF OF TRANSACTION
If the contract concluded between the Seller and the Customer concerns a sum equal to or greater than 120 euros, the Seller shall ensure the conservation of the order form and the invoices for a period of ten (10) years, in accordance with Article L.213-1 of the Consumer Code.
2.3. AVAILABILITY OF PRODUCTS
All products offered on the site are within the limits of available stocks.
If a product is no longer available after the order has been placed, the seller is obliged to inform the Customer as soon as possible by e-mail or telephone, offering several solutions: either to postpone the delivery while waiting for the product to be restocked, when this is possible, or to replace the product ordered by another product presented on the Site, or to cancel the order.
The Customer discharges the Vendor of any responsibility in the event of total or partial non-availability of the ordered products.
PRICES AND PAYMENT TERMS
The sale price, in accordance with article L.112-1 of the French Consumer Code, is indicated for each Product in euros, including all taxes, but excluding delivery charges mentioned before the order is validated and invoiced in addition.
The total amount due by the Customer is indicated on the order confirmation page.
The Seller reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in force on the day of the order.
The price takes into account the French VAT, applicable on the day of the order. If the VAT rate were to be modified, these changes would be reflected in the price of the products.
In the event of a promotion, the Seller undertakes to apply the promotional price to any order placed during the promotion period. The online sales offers are valid, unless otherwise indicated, as long as the products appear on the Site and within the limits of available stocks.
The acceptance of the offer by the Customer is validated, in accordance with the double click process, by the confirmation of the order.
3.2. TERMS OF PAYMENT
The payment of the order is made online:
- By credit card via the secure system implemented by the payment service provider Stripe Payments Europe, Limited
- By PayPal, provided that the Customer has a PayPal account. The confidential data (the 16-digit credit card number, the expiration date and the visual cryptogram) are directly transmitted encrypted to the payment platforms concerned without passing through the physical media of the Seller's server.
The price is payable in full after confirmation of the order, except for sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in Article 3.4 of these GTCs, any sum paid in advance of the price shall bear interest at the legal rate at the end of a period of three months from the date of payment until delivery of the product or, failing that, until the sum paid at the time of the order is refunded.
The Seller reserves the right to refuse any order or any delivery in case of existing dispute with the Customer, of total or partial non-payment of an order, of a refused payment by credit card. The responsibility of the Seller cannot be engaged in this respect.
Payment is made immediately upon ordering and by credit card (VISA, MASTERCARD) or by Paypal.
Any order placed on the site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are the responsibility of the Customer. The Seller is not obliged to check and inform its Customers of the applicable customs duties and taxes. To know them, it is up to the Customer to inquire with the competent authorities of his country.
TERMS OF DELIVERY OF THE ORDER
4.1. DELIVERY OF THE ORDER BY COLISSIMO
The delivery of the products is ensured in Europe by Colissimo.
The Customer is responsible for the accuracy of the information relating to the name and address of the recipient specified when placing the order. The Customer is responsible for the accuracy of the name and address of the recipient specified when placing the order, which must include all the information required for delivery under the normal conditions provided by the carrier.
The Customer is informed of the shipment of his order by email and can follow at any time the status of it using the tracking number that will be transmitted by email by the Seller.
The delivery requires the presence of the addressee who signs a notice of receipt.in case of absence, a notice of availability is deposited in the mailbox of the addressee.in case of absence of mailbox or inaccessibility to it at the delivery address indicated, the cell phone number of the sender of the order may be used. If there is no response, the delivery is deemed to be completed. The package will not be presented a second time. If you are not the addressee, it is your responsibility to inform him/her that a parcel is available in the collection point indicated on your parcel tracking.
If the addressee does not show up within the time limit indicated or if the package is returned to the Seller, the delivery will be considered as completed and no refund or return of the product to another address will be made. In the event that the home address corresponds to a public institution (hospital...) or a private institution (company, clinic, retirement home...) and that the parcel could not be given in person to the addressee, the delivery will then be considered completed from the moment the parcel has been given to the reception or to the service of the institution dedicated to the reception of the goods.
DELIVERY TIMES BY COLISSIMO
The delivery time depends on the place of destination.the date is guaranteed: except in case of force majeure, except in case of strike of the carriers, provided that the delivery address is precise, exact and complete, and provided that the person receiving the order is present at the time of the delivery.
The delivery time takes into account the preparation time in the workshops of the Seller as well as the time of routing of the carrier. During the periods of strong affluence, the times of preparation of the orders as well as the delivery times can be lengthened.
If an item is unavailable, the Seller cannot guarantee the delivery time.
In case of difficult weather conditions (heavy snowfall, flooding, ...), shipments and deliveries may be disrupted.
Shipments via COLISSIMO (once the order is prepared and ready):
- Preparation time: 1 working day for all orders received before 1pm
- Delivery time: 2 to 4 working days
- Total delivery time from the date of order confirmation: 3 to 5 working days. Special case of Corsica: the delivery time of the carriers is increased by 1 to 2 days.
Orders placed on Saturday and Sunday are processed on Monday or Tuesday depending on available stock.Working days for the production area: Monday to Friday, excluding holidays.Working days for carriers: Monday to Saturday, excluding holidays.
In high season, the lead times (preparation and delivery) may be extended.
RIGHT OF WITHDRAWAL
The 7-day withdrawal period does not apply to contracts for the supply of perishable products, foodstuffs, such as goods sold by the site www.holy-fat.com. Also, the Customer cannot take advantage of it.
However, a modification or a cancellation can take place if the order has not yet been delivered to the carrier. The Seller can then take into account this modification or this cancellation. If the cancellation request is validated, the Customer will be reimbursed for the totality of his order.
Any request for modification or cancellation must be sent by email to the address firstname.lastname@example.org to be taken into account.
If the order has been handed over to the carrier, no modification or cancellation can be taken into account and the price paid will not be refunded.
TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
The products remain the property of the Seller until the payment of the price on the Site. The transfer of ownership of the products from the Seller to the Customer only takes effect after payment of the price by the latter.the Seller insures the goods until the place of delivery. The risk of transport is borne by the Customer. It is up to the recipient to check the package in the presence of the deliveryman. In case of damage or missing products, the Customer will specify his reserves on the delivery note and will confirm them, within three (3) days following the delivery, by email or by mail. Without the respect of this clause, no procedure of refunding could be engaged with the carrier.
Within three (3) days of delivery, defective products or products that do not conform to the order may be reimbursed if the Customer has ensured that there are no anomalies when the package is delivered (see Article 6 - TRANSFER OF OWNERSHIP AND TRANSFER OF RISK). In the event of damaged packages or packages whose contents have been stolen or damaged, the Customer may refuse the goods on delivery and request that the package be returned to the sender. After verification by ZANT SAS of the reservations notified and dated, if they are proven to be true, ZANT SAS will proceed with the refund of the product(s).
The Seller shall make every effort to satisfy the Customer as best as possible. In this respect, if the Customer has a complaint to make, he may send it:By post to the following address By mail to the following address: ZANT SAS, 1 rue de MIN Bâtiment A1, 59160 LommeBy e-mail via the form in the "Contact Us" section of the Website, specifying the order number concerned. In order to be taken into account, any complaint must be made within 48 hours of receipt, given the perishable nature of the products.
The Customer benefits from the legal guarantee of conformity provided for in Articles L211-4 et seq. of the French Consumer Code and the legal guarantee relating to the consequences of hidden defects or faults provided for in Articles 1641 et seq. of the French Civil Code. Any complaint must be substantiated and accompanied by proof of the damage suffered.
If the product has not been delivered, for any other reason than force majeure or the cases mentioned above (absence of the recipient, erroneous information, etc.), the sale may be cancelled and the Customer may obtain a refund of the price, to the exclusion of any other compensation or damages.
After the analysis and acceptance of the complaint by the Seller, the latter undertakes to reimburse the Customer. The reimbursement shall be made by cheque or bank transfer. The refund period shall not exceed 30 days from the receipt of the refund request.
- PRODUCT GUARANTEES
The "best before" date or use-by date of the Seller's products is indicated on each carton. The Seller shall not extend its guarantee if the products have not been stored under the conditions specified on the packaging. For the pouches, the conditions of conservation are: a dry place, sheltered from humidity, at room temperature.
the photographs of the products shown on the Site are as accurate as possible but cannot guarantee a perfect similarity with the products offered, particularly with regard to colours.
The Seller declines all responsibility in the event of difficulty in accessing its site or of interruptions in the connection, whatever the causes. Furthermore, it shall not be held responsible for any damage or virus that may infect your computer or any computer equipment, following use of or access to the site or downloading from this site.
- CUSTOMER DATABASE
The data collected by the Seller on the Site is intended and necessary for the management of the order and commercial relations. Some data is optional for the processing of orders, it is up to the Customer to fill in or not the field concerned. In accordance with the Data Protection Act of 6 January 1978, the Customer has, at any time, a right of access, rectification, and opposition to all his personal data:
- By post, with proof of identity, to ZANT SAS, 1 rue de MIN Bâtiment A1, 59160 Lomme
- On the Website, by making a request via the form in the "Contact Us" section and providing proof of identityDepending on the choices made by the Customer, he/she may receive offers from the Seller (Newsletter). If they no longer wish to receive these offers, they may unsubscribe by clicking on the link in the Newsletter provided for this purpose.
BAN ON SALES
The Customer must not under any circumstances resell the products which are intended for his/her personal use or that of the person to whom the order is addressed.
13. FORCE MAJEURE
The Seller is exempt from liability in all cases of force majeure, linked to irresistible, unforeseeable and external circumstances. The following are considered to be cases of force majeure: recognised disasters or bad weather, strikes by logistics service providers, or any other event likely to disrupt the proper flow of goods and computer flows.
- LEGAL NOTICES
ZANT SAS is a company with a capital of €20,000 whose registered office is located at 1 rue de MIN Bâtiment A1, 59160 Lomme and is registered with the Lille Trade and Companies Register under number 853 756 625.
Tel: 06 08 50 28 29.
Site host: OVH, 140 quai du Sartel, 59100 Roubaix, 0899 701 761, email@example.com
Site manager: ZANT SAS.
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks and patents. By connecting to the Site, the Customer shall refrain from copying or downloading all or part of its content, except with the prior and express authorisation of the Vendor.
APPLICABLE LAW AND DISPUTES
In the event of a dispute, an amicable solution will be sought as a priority before any legal action. In the event of a dispute, an amicable solution will be sought before any legal action is taken. To this end, please contact our customer service department by post at the following addres: ZANT SAS, 1 rue de MIN Bâtiment A1, 59160 Lomme. In the absence of an amicable solution, any legal action will be brought before the competent courts.