These General Terms and Conditions constitute the entire agreement between the client and France Délices. Use of the service indicates acceptance of the terms and conditions.
France Délices, and all its entities, corresponds to the service provider, importer, seller.
The client corresponds to the manufacturers/beverages’ makers, the buyers (B to B only), or any person/company hiring France Délices for any service or mission.
The current terms and conditions regulate the relationships between France Délices and the client. The client is supposed to know the present terms and conditions. The present terms and conditions may be modified at any time without prior notice. The currents terms and conditions will prevail on any other conditions non expressively agreed by any of the parties. The applicable terms and conditions will always be the ones in use at the moment of the signature of the contract, except modification by all of the parties of this contract.
All orders can be made by contacting us online (by e-mail/contact through this website) or offline (by phone call, letter or meeting).
In most of the cases, France Délices itself will deal with the importation, customs and regulatory compliance. In some specific cases only, the clients may need to take actions. Those will be discussed case by case with the clients. The client agrees to help France Délices if needed, in order for the services to be provided as well and fast as possible.
The prices are negotiated before the validation of the contract by all the parties. Any price can be modified in future contracts. France Délices is only bound by the current contract, and is not bound by the prices for the future contracts (to be made).
Payments methods will be discussed and set for the validation of the contract. Timeframe will be decided and validated by all of the parties. Payment methods are the following: bank transfer, checks, PayPal, cash.
France Délices will do everything possible to deliver the products and services as planned in the contract. Nevertheless, it may arrive that delivery can’t be operated as initially planned (beverages stuck at customs clearance for an extended period, physical delivery delayed due to external cause, etc…). In any case, the client accepts the possibility of a delay, and will not take France Délices responsible.
Delivery will be made by France Délices directly or by one of its partners. The client is fully aware that in the case that the delivery is made by one of the partner and if any trouble appears, the partner will be held responsible, not France Délices.
For delivery delays, see point 8.
France Délices will not be held responsible for any delay in its work and for the services it has been hired for. The client will notify France Délices as soon as the timeframe is passed. If the delay is too long, France Délices engages itself to compensate it by refunding partially or totally the client or by providing other services for free or at reduced costs. The decision will be taken by France Délices only, except if the client’s request is guaranteed by law.
All prices and services are fixed by France Délices. In some cases, prices and types of services can be open to negotiations.
The contract is validated and binds all the parties once it is accepted by all of them. In some cases, modifications can be applied if accepted by all of the parties or if guaranteed or requested by the law.
Once the contract is validated, the parties are bind by it and can’t retract or cancel. If retraction or cancellation must be done, only legal reasons can prevent for any refund or compensations, or, in the case of France Délices, the points discussed in point 14.
Products and services are available at the validation of the contract or under the clauses of the contract (if there is a timeframe).
In case of partial or total unavailability of the products or services by France Délices, the client will receive a compensation: full or partial refund, advantages (products or services at preferable prices or free). It will be discussed case by case.
In case of force majeure, France Délices won’t be held responsible for the loss of the client. Though France Délices will try to find a way to satisfy its client, there is no guarantee that it can. (ex: goods destroyed by natural cause during delivery, like an earthquake, will be under the responsibility of the client).
Outside of any of those cases, if France Délices doesn’t fulfill the contract, it will have to refund partially or totally the client (proportionally to the work done).
Except in the cases described in the previous points, France Délices will be responsible of its actions and for the cases provided by law. In any other cases, the client agrees to take full responsibility and uses our services at his own risks.
The General Conditions are subject to French law. Any dispute relating to their interpretation and/or performance will be subject to the jurisdiction of the competent courts of Paris, France. In some particular cases only (administrative ones), Japanese law will be competent.
All the elements of the current website are the sole property of France Délices. Reproducing, copying, diffusing it, partially or totally, without prior agreement from France Délices, is strictly forbidden.
France Délices is committed to preserving the confidentiality of any information provided by the site users. In accordance with French legislation (Law N° 78-17 of January 6th, 1978, relating to Computer science and Liberties), the Internet users are allowed to access, rectify and delete any personal information by submitting a written notice to FRANCE DÉLICES head office or by sending an e-mail via the Contact page.
France Délices will store partially or totally the contracts, quotations, written communications and/or any other useful datas. The client agrees that France Délices uses these documents in case of litigation.
In any case, the charge of the proof lies on the client, except if the law says otherwise.
