GENERAL TERMS AND CONDITIONS OF SALE

WeWantSake is a web platform, accessible at www.wewantsake.com (the “Site”), operated by WeWantSake, a simplified joint stock company with capital of €1,000, whose registered office is located at 2, avenue Jean Moulin, Fontenay-sous-Bois (94120), registered in the Créteil Trade and Companies Register under identification number 977 511 195, with intra-community VAT number FR12977511195 (the “Seller”).

On the Website, the Seller offers various food items for sale (the “Item(s)”) that any user of the Website who meets the relevant eligibility requirements may purchase online (the “Customer(s)”).

These General Terms and Conditions of Sale apply, without restriction or reservation and to the exclusion of all other terms and conditions, to all sales of Items concluded by the Seller with Customers. They are intended to govern their contractual relationship.

They specify, in particular, the terms and conditions for ordering, payment, delivery, and handling of any returns of Items ordered by the Customer.

The Customer acknowledges that they have the capacity to enter into contracts and purchase the Items, declares that they have read these General Terms and Conditions of Sale and accepted them by checking the box provided for this purpose before completing the online ordering process.

ARTICLE 1 – THE ARTICLES

1.1. Characteristics

The main characteristics of the Items, which the Customer is required to read before placing an order, are presented on the Website.

The photographs and graphics presented on the Website, in particular those illustrating the Items, are not contractual and do not engage the Seller’s liability.

The Customer is required to check with the Seller, before placing any orders, regarding the presence of allergenic products or substances contained in the Items. The Seller does not guarantee that the Items do not contain any allergenic products or substances.

The offers for the Items are subject to availability as specified when the order is placed and are offered for sale in the following territories: Metropolitan France, Corsica.

1.2. Alcohol

Alcohol abuse is dangerous for your health and should be consumed in moderation.

Article L. 3342-1 of the Public Health Code states: “The sale of alcoholic beverages to minors is prohibited. Offering these beverages free of charge to minors is also prohibited in bars and all shops or public places. The person serving the beverage must require the customer to provide proof of age.”

The Customer undertakes to strictly comply with the regulations applicable to alcohol consumption and shall not compel the Seller to violate them in whole or in part. Consequently, the Seller may legitimately refuse to deliver any alcoholic beverage or any beverage that encourages alcohol consumption to minors or to any person who is intoxicated, under the influence of medication, or manifestly aggressive.

The Customer expressly waives the application of Article 1587 of the Civil Code, according to which there is no sale of wine and/or oil until the buyer has approved them.

1.3. Packaging and gift card

On the Website, the Customer has the option of requesting gift wrapping and the inclusion of a card in the package on which a message will be written.

The message is entered directly by the Customer on the form on the Website and will be transcribed by the Seller by any means (typed or handwritten). The content of the message is the sole responsibility of the Customer and must not be likely to undermine public order or morality, provoke protests from third parties, or contravene the legal provisions in force.

The Seller may refuse to transcribe the Customer’s message if it appears inappropriate.

In any event, it is expressly agreed that in the event that the Seller is sued, for any reason whatsoever, in any country whatsoever, by a third party on the basis of material provided by the Customer, including text, the Customer undertakes to fully indemnify the Seller against any direct and/or indirect economic and financial consequences (including legal and defense costs) arising from such claims.

ARTICLE 2 – ORDERS

The selection and purchase of an Item is the sole responsibility of the Customer, who is responsible for verifying the accuracy of the order before placing it.

By placing an order on the Website, the Customer acknowledges that they have reached the age of legal majority and that they are not subject to any restrictions preventing them from placing orders online.

The sale shall only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by email.

ARTICLE 3 – PRICE

The Items are sold at the prices listed on the Website when the Seller registers the order. Prices are in euros and include all taxes (excluding any taxes provided for in the last paragraph of Article 1).

Prices take into account any discounts that may be granted by the Seller on the Website. They are firm and non-revisable during their period of validity as indicated on the Website, with the Seller reserving the right, outside this period of validity, to modify prices at any time at its discretion.

Prices do not include processing, shipping, transport, and delivery costs, which are charged as extras, under the conditions indicated on the Website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is sent electronically by the Seller and provided to the Customer when the order for the Items is placed.

ARTICLE 4 – TERMS OF PAYMENT

The price is payable via secure payment, according to the following terms:

By credit card: Carte Bleue (CB), Visa, MasterCard, American Express.

Payment data is exchanged in encrypted mode.

The Seller shall not be required to deliver the Items ordered by the Customer if the latter does not pay the price in full under the conditions indicated above. Payments made by the Customer shall only be considered final after the Seller has actually received the sums due.

Furthermore, the Seller reserves the right, in the event of non-compliance with the aforementioned payment terms, to suspend or cancel the delivery of orders placed by the Customer.

ARTICLE 5 – DELIVERIES

5.1. Delivery location

Items ordered by the Customer are delivered in mainland France and in the territories listed in the third paragraph of Article 1 to the address provided by the Customer when placing their order on the Website.

Except in special cases or if one or more Items are unavailable, the Items ordered are delivered in a single shipment.

Deliveries are made by independent carriers to the address specified by the Customer when placing the order and to which the carrier has easy access. The Customer is informed that carriers do not guarantee delivery to upper floors.

For deliveries in mainland France, the carrier will deliver parcels to the address specified by the Customer.

For deliveries outside mainland France, the carrier is required to deliver the order to a person designated by the Customer against signature: the carrier does not leave packages unattended.

In any event, in accordance with the provisions of Articles L. 216-1 and L. 216-4 of the Consumer Code, delivery and the risk of loss or damage to the Items shall be deemed to have been transferred to the Customer or to a third party designated by the Customer upon transfer of physical possession or control of the Item.

5.2. Shipping fees

The order includes delivery charges calculated based on the address provided by the Customer and the delivery method chosen by the Customer when placing the order.

In the event of a specific request by the Customer concerning the packaging or transport conditions of the Items ordered, duly accepted in writing by the Seller, the costs associated with this request will be subject to specific additional invoicing.

5.3. Delivery times

The processing and delivery times specified on the Website and/or when placing the order are for information purposes only.

However, in the event that the Items ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be terminated at the Customer’s written request under the conditions provided for in Articles L. 216-2, L. 216-3, and L. 241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded to them no later than fourteen days after the date of termination of the contract, excluding any compensation or deduction.

The Seller shall not be held liable for any delay in delivery, and such delay shall not give rise to the payment of damages to the Customer.

5.4. Reserves

In the event of damage or theft of the Items upon delivery, the Customer must:

(i) write down specific, quantified, dated, and signed reservations on the delivery note. This note must be given to the carrier, and the Customer must keep a copy; and

(ii) notify the Seller of said reservations by sending a copy of said list to the Seller within 24 hours by registered mail with acknowledgment of receipt.

If these two cumulative formalities are not completed, the Items shall be deemed to have been delivered in good condition and no claim may be made by the Customer.

In the event that a delivery note has not been provided to the Customer, the latter must notify the Seller of any reservations by sending a registered letter with acknowledgment of receipt detailing said reservations within 24 hours. Failure to comply with this formality will result in the Items being deemed to have been delivered in good condition, and no claim may be made by the Customer.

In any event and regardless of the place of delivery of the Items, it is expressly agreed that, where applicable, the digital signature affixed by the Customer or by any person designated by the Customer on a tracking device (PDA) presented by the carrier upon delivery of the order shall be deemed authentic and may be validly invoked against the Customer in any proceedings for the purposes of evidence.

When the Customer has taken it upon themselves to use a carrier of their choice, delivery is deemed to have been made as soon as the Items ordered by the Seller are handed over to the carrier in accordance with the provisions of Articles L. 216-1 and L. 216-4 of the Consumer Code. The Customer then acknowledges that it is the carrier’s responsibility to make the delivery and that they have no recourse against the Seller in the event of non-delivery of the Items transported.

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1. Principle

In accordance with the legal provisions in force, the Customer has a period of 14 days from receipt of the Item to exercise their right of withdrawal from the Seller, without having to justify their reasons or pay a penalty, for the purpose of exchange or refund, provided that the Items are returned in their original packaging and in perfect condition within 14 days of notifying the Seller of their decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete items will not be accepted.

The withdrawal process and form are available at the end of the terms and conditions of sale.

If the right of withdrawal is exercised within the aforementioned period, only the price of the returned Item(s) and the related delivery costs will be refunded; the return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of the Seller receiving the Items returned by the Customer in accordance with the conditions set out in this article.

6.2. Exception

As an exception to the principle set out in Article 6.1 above, pursuant to Article L. 221-28 of the Consumer Code, the Customer does not have a right of withdrawal for contracts:

“1° The provision of services fully performed before the end of the withdrawal period and whose performance began after the consumer’s prior express agreement and express waiver of their right of withdrawal;

2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which are likely to occur during the withdrawal period;

3° The supply of goods made to the consumer’s specifications or clearly personalized;

4° The supply of goods that are liable to deteriorate or expire rapidly;

5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° The supply of goods which, after delivery and due to their nature, are inseparably mixed with other items;

7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, within the limits of the spare parts and work strictly necessary to respond to the emergency;

9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° The supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications;

11° Concluded at a public auction;

12° Services involving accommodation, other than residential accommodation, transportation of goods, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period;

13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s prior express agreement and express waiver of their right of withdrawal.

Consequently, for the supply of Items that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection, the Customer may not withdraw from the contract.

ARTICLE 7 – WARRANTY – SELLER’S LIABILITY

The Items sold by the Seller are automatically covered, without additional payment and independently of the right of withdrawal, in accordance with the legal provisions of:

– the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217-14 of the Consumer Code; and

– the legal warranty against hidden defects mentioned in Articles 1641 to 1648 of the Civil Code, which render the Item sold unfit for use or diminish its use to such an extent that the Customer would not have purchased it or would have paid a lower price for it had they been aware of such defects.

The Seller shall not be held liable in the following cases:

– failure to comply with the laws of the country in which the Items are delivered; and

– in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Item, accident, or force majeure.

In the event of non-conformity, the Customer may choose between repair and replacement of the Item (except in the cases provided for in Article L. 217-10 of the Consumer Code). However, the Seller may not proceed according to the Customer’s choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the Item or the significance of the defect. In this case, the Seller is required to proceed, unless this is impossible, according to the option not chosen by the Customer.

In the event of a hidden defect, the Customer may choose to return the Item and receive a refund, or to keep the Item and receive a partial refund, as determined by experts.

ARTICLE 8 – DATA PROTECTION AND FREEDOMS

In accordance with Law No. 78-17 of January 6, 1978, it is hereby reiterated that the personal data requested from the Customer is necessary for processing their order and issuing invoices, among other things.

The conditions for the processing of personal data by the Seller are specified in the General Terms and Conditions of Use of the Website, which can be accessed here.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management, and payment of orders.

In accordance with current national and European regulations, the Customer has the right to access, modify, rectify, and oppose any information concerning him/her at any time.

The Customer may exercise their rights by writing to the following email address: contact[at]wewantsake.com or to the following postal address: WeWantSake – 2, avenue Jean Moulin, Fontenay-sous-Bois (94120).

A response to the Customer’s request will be sent within 30 days.

ARTICLE 9 – INTELLECTUAL PROPERTY

The content of the Website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 10 – APPLICABLE LAW – LANGUAGE

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

In the event that these terms and conditions are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 11 – DISPUTES

In the event that a dispute concerning the validity, performance, or interpretation of this Agreement is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly attributed.

The Customer is informed that, in any event, they may resort to conventional mediation or any alternative dispute resolution method (such as conciliation) in the event of a dispute.

In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Customer is advised that they may consult the following page for more information on the steps to take in the event of a dispute:

In addition, the Customer may contact the Seller free of charge at the following email address: contact[at]wewantsake.com or by telephone (local call rate): 01.48.85.62.98.

In accordance with the legal provisions concerning the amicable settlement of disputes, the Seller adheres to the MEDICYS consumer mediation service, whose contact details are as follows: Concord – 73, Boulevard de Clichy – 75009 Paris –
/. After the Customer, acting as a consumer within the meaning of the Consumer Code, has made a prior written request to the Seller, the aforementioned mediation service may be called upon to resolve any consumer dispute that has not been successfully settled.

ARTICLE 12 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having received, prior to placing their order, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all the information and details referred to in Articles L. 111-1 to L. 111-8 of the French Consumer Code, and in particular:

– the essential characteristics of the Items ordered, taking into account the communication medium used and the Items concerned;

– the price of the Items and related costs (e.g., delivery);

– in the absence of immediate performance of the contract, the date or deadline by which the Seller undertakes to deliver the Items ordered;

– information relating to the Seller’s identity, postal address, telephone number, email address, and activities, if not apparent from the context;

– information relating to legal and contractual guarantees and the terms and conditions for their implementation;

– the possibility of resorting to conventional mediation in the event of a dispute;

– information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right, and standard withdrawal form), the costs of returning the Items, the termination procedures, and other important contractual conditions.

By placing an order on the Website, the Customer fully and unreservedly agrees to and accepts these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against the Seller.

INFORMATION ABOUT THE RIGHT OF WITHDRAWAL

Right of withdrawal

You have the right to withdraw from this contract without giving any reason within fourteen days, unless the legal exceptions provided for in Article 221-28 of the Consumer Code apply.

The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g., letter sent by mail, fax, or email). You may use the model withdrawal form, but this is not mandatory.

To comply with the withdrawal period, you simply need to send your notification of your decision to exercise your right of withdrawal before the withdrawal period expires.

Retraction effects

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice, where applicable, a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the initial transaction, unless you expressly agree to a different means; in any event, this refund will not incur any costs for you.

We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever occurs first.

You must return or hand back the goods without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.

You will be responsible for the direct costs of returning the goods.

You are only liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods.

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WITHDRAWAL FORM

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

For the attention of WeWantSake – 2, avenue Jean Moulin, Fontenay-sous-Bois (94120).

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

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s)

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Date:

(*) Delete as appropriate.