Terms and Conditions of Use

WeWantSake

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 and whose intra-community VAT number is FR12977511195 (the “Company”). The said platform is dedicated to the sale of various food items.

The purpose of these Terms and Conditions of Use (the “Terms” or, taken as a whole, the “Agreement”) is to define the terms and conditions governing the relationship between Users and the Company. These Terms constitute a contractual agreement for an indefinite period from the date of acceptance by the User of this Agreement.

The User agrees to comply with all of these Terms and Conditions without reservation each time they visit the Website. Consequently, the User acknowledges that they have read the Terms and Conditions and agrees to be bound by these provisions. If the User accesses the Website on behalf of a company or any other legal entity, they are nevertheless personally bound by this Agreement.

Article 1 – Definitions and rules of interpretation

1.1. Definitions

Unless defined in other sections of this Agreement, capitalized terms and expressions used herein shall have the following meanings:

“Condition(s)” has the meaning given to it in the preliminary statement;
“Contract” has the meaning given to it in the preliminary statement;
“Service(s)” means the service(s) offered by the Company on the Site as referred to in Article 2.1;
“Company” has the meaning given to it in the preliminary statement;

“Site” has the meaning given to it in the preliminary statement; and

“User” means any natural or legal person using the Site.

1.2. Rules of interpretation

The following rules apply to the interpretation of this contract:

(a) the headings of the articles and appendices are included for convenience only and shall not affect the interpretation of any of the provisions of this Agreement;

(b) the use of the expressions “including,” “in particular,” or “notably” implies that the list that follows is not limited or exhaustive;

(d) the definition given to a singular term also applies to that term when used in the plural and vice versa. The same applies to the use of masculine or feminine gender;

(e) the calculation of time limits expressed in days, months, or years must be made in accordance with the provisions of Articles 640 to 642 of the Code of Civil Procedure;

(f) any reference to a party includes a reference to its heirs, successors, and assigns; and

(g) Any reference to a document shall be construed as a reference to that document as it may be amended or replaced (other than in violation of the provisions of this Agreement).

Article 2 – Eligibility for Services – Account Creation

2.1. Eligibility for Services

To be eligible to purchase items on the Website (the “Service(s)”) governed by the general terms and conditions of sale set out herein, the User must be a natural person who is at least 18 years of age and has full legal capacity.

2.2. Account creation

Creating a member account on the Site is a mandatory prerequisite for using the Services. This involves completing the registration form available on the Site, providing accurate, up-to-date, and complete information. This information must then be regularly updated by the User to ensure its accuracy.

The User must enter their first name, last name, a valid email address, their date of birth, and a password.

The access codes to the User account are strictly confidential. In the event of unauthorized use of their account or any breach of the confidentiality and security of their means of identification, the User must immediately inform the Company.

Each User agrees to create only one account corresponding to their profile.

Article 3 – Use of the Website

3.1. Right of access to the Website

The Company, in accordance with these Terms and Conditions, grants Users a limited, revocable, non-exclusive, non-transferable right to access the Services and the Site for strictly personal use. Any use of the Site contrary to its intended purpose is strictly prohibited and constitutes a breach of these provisions.

Use of the Site requires an internet connection and a web browser. In order to ensure proper operation of the Site, it is specified that the Site is optimized for:

a screen resolution of 1200x768px; and
the latest versions of Edge, Chrome, Firefox and Safari browsers.

All hardware and software necessary to access the Site and use the Services remain the sole responsibility of the User.

The Company reserves the right to suspend, modify, replace, refuse access to or delete User accounts at its discretion.

3.2. User Obligations

Users are prohibited from:

1. to transmit, publish, distribute, record or destroy any material, in particular the content of the Site, in violation of applicable laws or regulations concerning the collection, processing or transfer of personal information;

2. to create fictitious profiles;

3. to provide inaccurate information in the form or to fail to update it regularly;

4. to disseminate data, information, or content that is defamatory, abusive, obscene, offensive, violent or inciting violence, or of a political, racist or xenophobic nature and generally any content that would be contrary to the laws and regulations in force or to good morals;

5. to reference or create links to any content or information available from the Company’s websites, except with the express, written and prior agreement of the Company;

6. to obtain passwords or personal identification data from other Users;

7. to use information, content or any data present on the Site in order to offer a service considered, at the Company’s sole discretion, to be competitive with the Site;

8. to sell, exchange or monetize information, content or any data present on the Site or service offered by the Site, without the express written consent of the Company;

9. to reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Services;

10. to use manual or automated software or devices, coding robots or other means to access, explore, extract or index any page of the Site;

11. To endanger or attempt to endanger the security of any of the Company’s websites. This includes attempts to monitor, scan, or test the vulnerability of any system or network, or to breach security or authentication measures without express prior authorization;

12. to counterfeit or use the products, logos, trademarks or any other element protected by the intellectual property rights of the Company;

13. de simuler l’apparence ou le fonctionnement du Site, en procédant par exemple à un effet miroir ;

14. to disrupt or interfere, directly or indirectly, with the Site or Services, or to impose a disproportionate load on the Site’s infrastructure or attempt to transmit or activate computer viruses through or on the Site.

Please note that breaches of system or network security may lead to civil and criminal prosecution. The Company verifies that no such breaches have occurred and may, if necessary, contact the judicial authorities to prosecute Users who have participated in such breaches.

Users agree to use the Site fairly, in accordance with its purpose and applicable laws, regulations, these Terms and Conditions and current practices.

Article 4 – Use of Site Content

All content on the Site, including designs, text, graphics, images, videos, information, logos, button icons, software, audio files and other content, belongs to the Company, which is the sole owner of all related intellectual property rights.

Any representation and/or reproduction and/or exploitation, in whole or in part, of the content and services offered by the Company, by any means whatsoever, without the prior written authorization of the Company, is strictly prohibited and may give rise to legal proceedings.

Article 5 – Personal Data

5.1. Data collected

To enable all Users to fully benefit from the Site’s Services and features, the Company collects various data. It is important to note that by registering on the Site, the User expressly consents to the collection of this data, regardless of the country from which they connect.

This data is collected at different times and using various methods:

When the User creates a member account, the following personal data is collected: first name, last name, email address, date of birth;

When the User places an order online, the following personal data is collected: first name, last name, delivery address, telephone number;

Log files and internet protocol (IP) address: The Company receives, each time the User connects to the Site, the link of the site from which they arrived and the one they are directed to when they leave the Site. The Company also receives the User’s internet protocol (IP) address and certain information relating to their computer’s operating system or internet browser;

Cookies: The Company uses cookies, which can be defined as text files that may be stored on a device when accessing an online service using a web browser. A cookie allows its issuer, for a period of validity not exceeding 13 months, to recognize the device each time it accesses digital content containing cookies from the same issuer. However, it is possible to disable the use of cookies by modifying the User’s preferences in their internet browser. In this case, certain features of the Site may no longer function.

5.2. Data retention for collected data

Personal data is stored by the Company on its servers for processing in connection with the use of the Services. It is retained for as long as necessary to provide the Services and functions offered by the Site. Consequently, as long as a User has a member account, the collected data will be retained. If a User’s member account remains inactive, meaning no orders are placed on the Site for more than one year from the date of their last order, the collected data will be deleted by the Company and retained solely for archival purposes to establish proof of a right or contract. This archiving may be carried out in accordance with the provisions of the French Commercial Code relating to the retention period for books and documents created during business activities and the French Consumer Code relating to the retention of contracts concluded electronically.

The User always retains ownership of the information concerning him/her that he/she transmits to the Company. In accordance with law no. 78-17 of 6 January 1978 as amended by law no. 2004-801 of 6 August 2004, he/she has the right to access, rectify and delete personal data concerning him/her, as well as the right to object to the communication of this data to third parties for legitimate reasons.

The User 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 in Fontenay-sous-Bois (94120).

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

5.3. Purposes of collecting the data

Personal data is collected from Users in order to (i) enable the User to fully enjoy the Services and functions offered by the Site, (ii) prevent any fraud and (iii) for statistical purposes.

This data may be communicated by the Company to any third party responsible for the execution, processing and management of the Services.

However, under various circumstances, the Company may disclose or share a User’s personal data with any other third parties, including:

with the User’s consent;
in order to comply with applicable law, regulations, any legal process, court orders, or any other mandatory disclosure requirement; or
to protect the rights, property or safety of the Site, its members or the public.

Article 6 – Responsibility

6.1. Use of the Site

The Company’s role is limited to providing the technical services to Users.

The User is solely responsible for the consequences of using the Site.

The User is responsible for ensuring that their use of the Site complies with all applicable laws, regulations, and these Terms and Conditions. The Company makes no warranty to the User regarding the compliance of their current or intended use of the Site with national or international laws and regulations.

The User is advised of the technical risks and access interruptions that may occur on the Site. Consequently, the Company cannot be held liable for any unavailability or slowdowns of the Services.

All information, advice, guides and any other data displayed on the Site are not intended to constitute advice on the basis of which a decision could be made by the User.

The User must not under any circumstances consider the aforementioned information and data on the Site as definitive but must independently verify all such information and data. The Company therefore cannot be held liable for the consequences of using the data and information displayed on the Site.

6.2. The data

La Société n’a pas d’obligation générale de surveillance des données et du contenu importés par les Utilisateurs, ni d’obligation de suppression d’un contenu qui ne paraitrait pas manifestement illicite, nonobstant son signalement.

The User agrees not to enter any content that may be likely to offend public order or morality, provoke protests from third parties, or contravene applicable legal provisions.

Consequently, it is expressly agreed that in the event that the Company is implicated, in any capacity whatsoever, in any country whatsoever, by a third party on the basis of, in particular, an industrial and/or intellectual property right relating to an element provided by a User, that User undertakes to fully indemnify the Company against the direct and/or indirect economic and financial consequences (including the costs of proceedings and defense) which would arise from these claims.

Please note that data published by Users and information shared by them may be captured and used by other Users or third parties. Therefore, the Company does not guarantee the protection of this data; it is the User’s responsibility to take all necessary measures to safeguard their data.

The User must ensure that the data is sent to the Site and may not hold the Company liable for any reason whatsoever for the non-receipt or loss of the transmitted data. The User must therefore keep a backup of the transmitted data.

6.3. General provisions

In any event, the Company shall under no circumstances be liable for indirect or unforeseeable losses or damages to Users or third parties, including in particular any lost profits, inaccuracies or corruption of files or data or loss of opportunity related in any capacity and on any basis whatsoever to this Agreement.

The Company shall not be liable for any delay or failure to perform this Contract justified by a case of force majeure, as defined by the jurisprudence of French courts and tribunals.

Article 7 – Modification of Services

The Company is free to terminate or modify the Terms of Service at any time. The Services offered free of charge do not create any obligation on the part of the Company.

The Company reserves the right to restrict, suspend, or terminate, without prior notice, any User’s access to the Site if the User misuses or inappropriately uses the Services. The Company’s assessment of User conduct is at its sole discretion.

Article 8 – Evidence Convention

Computer systems and files shall be considered authentic in the relationship between the Company and the User.

Thus, the Company may validly produce, in the context of any procedure, for the purposes of proof, the data, files, programs, records or other elements received, issued or stored by means of the computer systems operated by the Company, on all digital or analog media, and rely on them unless there is a manifest error.

Article 9 – Miscellaneous Provisions

9.1 Severability of the Agreement

The fact that any provision of the Contract is or becomes illegal or unenforceable will not in any way affect the validity or enforceability of the other provisions of the Contract.

9.2 Contract Amendment

The Company reserves the right to modify, supplement or replace these Terms and Conditions.

Article 10 – Dispute Resolution

The conclusion, interpretation and validity of this Contract are governed by French law, regardless of the User’s country of origin or the country from which the User accesses the Site and notwithstanding the principles of conflict of laws.

In the event that a dispute concerning the validity, performance or interpretation of this Contract is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly conferred, even in the case of summary proceedings or multiple defendants.

The User is informed that in any event they may resort to conventional mediation or any alternative dispute resolution method (conciliation for example) in the event of a dispute.

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Legal Notices

WeWantSake

Simplified joint-stock company with a capital of 1000 euros

Head office: 2, avenue Jean Moulin – Fontenay-sous-Bois (94120)

Individual tax identification number (Intra-Community VAT): FR12977511195

Telephone: 01.48.85.62.98

977 511 195 R.C.S Créteil

Publishing Director: Mr. Raphaël Berrhoun

The site is hosted by IONOS