1. Scope and object of the contract
1.1 These general conditions of sale (hereinafter referred to as “GCS“) exclusively apply to all purchases made on the Santafoo application between, Santafoo, a single-shareholder simplified joint stock company with a capital of 100,000 €, having its head office at 1517, Chemin Vignats in Jurançon (64110), registered at the commercial registry and the associations of Pau under number 899 940 209 (hereinafter referred to as “Santafoo”) and the person making purchases on the Application (hereinafter referred to as the “Client”) being a client.
1.2 The version of the GCS enters into effect the moment an order is concluded.
2. Santafoo services and client use of these services
Santafoo offers online shopping and delivery of groceries and everyday items through the Santafoo application (hereinafter referred to as the “Application” or the “Platform“).
To be able to make a purchase through Santafoo, you must create a user account. For this purpose, the Client must register their name, mobile number and email address. Before placing an order, you must specify a delivery address. The Client can register more than one delivery address and is responsible for always providing correct and up-to-date data.
The Client must ensure that no unauthorized person has access to the terminal used for the order and/or to the data required for the order via the Client’s user account. If the Client does not comply with this obligation, they will be responsible for all activities caused by this breach authorized from their user account.
The Client is prohibited from (i) using or attempting to use another person’s user account information and/or accessing or using another person’s personal payment information, (ii) creating a user account using a falsified identity or an identity of another person, or (iii) accessing the Platform by any means other than the means of access provided by Santafoo.
The Client will inform Santafoo as soon as they become aware of any unauthorized use of their account.
Santafoo will make its best efforts to ensure permanent access to the Application; however, in view of possible malfunctions and delays inherent in the use of the Internet and electronic communications, Santafoo cannot guarantee continuous Client access to the Platform and to the services concerned. Santafoo will take all reasonable measures to limit the disorders caused to the functioning of the Application, in order to restore them as quickly as technically possible. The Platform may also be subject to updates or corrective measures which may lead to a suspension of the Platform access without Santafoo being held liable.
3. Concluding the Purchase Contract
The Client can shop from a selection of articles displayed on the Application. This display does not constitute an offer to conclude a purchase contract with Santafoo. The Client can add the items displayed to their shopping cart. By adding items to the shopping cart, no purchase contract is concluded between the Client and Santafoo.
By confirming the order (through pressing the “Place order” button), the Client makes a binding offer to conclude a purchase contract with Santafoo for the items added to their shopping cart.
Santafoo then automatically sends the Client an acknowledgment of receipt notice via the Platform, confirming the receipt of the order by Santafoo. This acknowledgment of receipt does not constitute a purchase contract. Santafoo only confirms receiving the Client’s declaration of intention to enter into a purchase contract.
A binding purchase contract for the items in concern is concluded after sending the order confirmation notice to the Client via the Platform. The purchase contract with Santafoo is only concluded regarding the items specified in the order confirmation.
Items can only be ordered by the Client via the Platform in quantities corresponding to domestic use; therefore, bulk ordering is excluded.
If the item ordered by the Client (i.e. it appears in the order confirmation) is ultimately not available, Santafoo will immediately inform the Client and discuss with them the possibility of providing them with a replacement product. At the Client’s request, Santafoo will refund the purchase price of the relevant item already paid for through the same payment method used to settle the payment. If a voucher has been used to complete the order, Santafoo will reimburse the voucher up to the value of the unavailable item; otherwise, article 10 of this GCS applies.
ITEMS ORDERED THROUGH SANTAFOO REMAIN THE PROPERTY OF SANTAFOO UNTIL PAYMENT IS COMPLETED.
4. Price
The purchase price of the items displayed on the Santafoo Platform is the only applicable price.
All prices set on Santafoo platform are all taxes included prices and include the VAT applicable to the concerned items.
The current total value of the shopping cart is indicated to the Client in the shopping cart or in the order overview.
The due delivery costs that is to be paid by the Client for the confirmed order are also displayed to the Client in the shopping cart or in the order overview.
Any delivery tip settled by the Client is paid in full to the delivery person concerned.
5. Payment Conditions
The purchase price of the items ordered as well as the delivery costs must be paid immediately after placing the order.
Payment can be made through credit card, PayPal or by means of payment registered by the Client as part of a unique identification procedure. Santafoo reserves the right to offer additional payment options or to remove certain payment options at any time from the Platform.
The Client will receive the invoice following delivery exclusively by email to the email address provided when creating the user account.
6. Delivery and delivery time
Subject to local or temporary restrictions, provided for information only and for not contractual purposes, Santafoo delivers from Monday to Sunday from 9 AM till 9 PM.
Santafoo makes its best efforts to deliver orders within the timeframe indicated in the shipping confirmation. Certain factors beyond our control, such as traffic or weather conditions, are however likely to cause delivery delays.
Delivery will be made to the delivery address provided by the Client as part of the order. The Client is solely responsible for providing a complete and correct delivery address and, where applicable, additional instructions for the delivery of orders via the Santafoo Platform. The Client must be available for delivery-related calls at the mobile number provided by the Client.
If the Client cannot be reached at the address or mobile number indicated, Santafoo will only leave the items ordered at the address indicated without giving them to the Client in person unless the Client has expressly chosen this option during the process of order confirmation. Otherwise, if the Client cannot be reached at the delivery address within ten (10) minutes of the arrival of the delivery and the delivery could not be made after (2) two attempts to contact the Client by the person making the delivery, Santafoo may terminate the purchase contract. Santafoo reserves the right to charge the client five (5 €) euros in form of cost incurred for this purpose.
7. Client rights in the event of defected items
With regard to items ordered from Santafoo, Santafoo is liable for defected material and material with imperfections in accordance with legal provisions. Any damage claim raised by the Client due to material defects is subject to the limitations of Article 15 of this GCS.
If the Client wishes to raise a complaint concerning material defects or imperfections, they must contact Santafoo customer service through the following email at info@santafoo.fr or through the chat function (https: //www.santafoo .fr / contact-us) found on the Application.
The fastest and easiest way for Santafoo to process the Client’s request is for the Client to take a photo of the items in subject and attach it with the complaint.
8. Youth protection
Items subject to legal sale restrictions may only be sold to Clients who meet the legal conditions allowing them to make the purchase. For this purpose, Santafoo reserves the right to request the presentation of an official identity document with a photograph.
With regard to alcoholic beverages more particularly, Santafoo emphasizes that such purchases are only available for Clients over the age of (18) eighteen years and reserves the right to refuse delivering the products if the appropriate proof of the Client’s age cannot be provided.
9. Vouchers
Vouchers grant a certain reduction amount to be used on the Platform. A Santafoo voucher can only be used once and the conditions applicable to its use (period of validity, minimum order quantity, conditions of application of the voucher) appear on the voucher. The Client has no entitlement to the granting of vouchers.
A cash refund of vouchers is not possible. Unused vouchers will not be reimbursed and the use of several vouchers is also not possible.
If the Client’s use of the voucher does not comply with the conditions of the voucher, Santafoo is entitled to revoke the voucher and remove the corresponding reduction.
Vouchers cannot be used on items with regulated prices.
10. Right of withdrawal
If the Client is considered a consumer as dictated in the provisions of the Preliminary Article of the Client Code, in accordance with the legal provisions in force, they have the right to withdraw from purchasing items through Santafoo. A consumer, as dictated in the provisions of the Preliminary Article of the Client Code (and as defined herein in the GCS) is any natural person who uses Santafoo’s services and places orders for purposes that do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity.
Purchase Withdrawal Policy
Right to retract
The Client has the right to withdraw from this contract within fourteen (14) days without giving any justification.
The Client is however informed that Santafoo offers the sale of articles that are likely to deteriorate or expire quickly [for example fresh, frozen products, products with expiry date or with a date of minimum durability (DMD)]. For these perishable items and in application of the provisions of Article L221-28-4 ° of the Client Code, the Client does not have the aforementioned right of purchase withdrawal.
For all other items, the purchase withdrawal period is fourteen (14) days from the day the Client or a third party designated by the latter, who is not the carrier, has received the items.
Items must be complete and in their original condition.
To exercise the right of purchase withdrawal, the Client must inform Santafoo, through mail sent through a registered letter with the request for acknowledgment of receipt to the following address: 1517, Chemin Vignats à Jurançon (64110) or by email addressed to info@santafoo.fr, declaring clearly their wish to withdraw from this purchase contract and to return the item(s) in concern. The Client may use the attached model withdrawal form for this purpose, that is not however, mandatory.
In order to comply with the purchase withdrawal period, it is sufficient for the Client to send the notification of exercising their right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal:
If the Client withdraws from this contract, Santafoo will reimburse them for all payments received, including delivery costs (with the exception of any additional costs resulting from the fact that the Client has chosen a type of delivery other than the standard offered delivery options), without any delays and at the latest within fourteen (14) days from the day Santafoo has been informed of the Client’s withdrawal from this contract. For this reimbursement, Santafoo will use the same payment method as that used by the Client for the initial transaction, unless expressly agreed with the latter. The reimbursement will not be invoiced to the Client.
Santafoo may refuse to fulfill the refund until the receipt of the returned items or until the Client has provided proof of returning the items, whichever comes first.
The Client must return the items or hand them over to Santafoo without any delay, in any event, no later than fourteen (14) days from the day upon which the Client informed Santafoo of their withdrawal from this contract. The deadline is met if the Client sends the items before the expiration of the fourteen (14) days timeframe.
The direct costs of returning the goods are the responsibility of the Client.
The Client will not be charged the depreciation value cost of the items in the event that this depreciation is due to the handling of the items that is not related to testing the quality, characteristics and functioning of the items.
Model for purchase withdrawal form
(If you wish to revoke the contract, please complete this form and send it back to us) – This can be sent to Santafoo through post at 1517, Chemin Vignats in Jurançon (64110)], or by email to info@santafoo.fr
- I/we () hereby notify you/our () withdrawal from the contract concluded between me/us () for the purchase of the following goods () /provision of the service (*)
- Order date () /received on ()
- Name of the Client (s)
- Address of the Client (s)
- Signature of the Client (s) (only if the form is notified on paper) – Date
(*) Cross out unnecessary mentions.
11. Disqualifications for the right to purchase withdrawal
The right of purchase withdrawal does not apply in the following cases:
- items made to the Client’s specifications or clearly personalized;
- items liable to deteriorate or expire rapidly;
- items that have been opened by the Client after delivery and that cannot be returned for hygienic or self-protection reasons;
- items that, after having been delivered and by their nature, are inseparably mixed with other articles;
- items for audio or video recordings or computer software where they have been opened by the Client after delivery;
- items such as newspapers, periodicals or magazines, except for subscription contracts to these publications;
- in all the other cases mentioned in article L. 221-28 of the Client Code.on.
12. Termination and temporary blocking of the user account
The Client may at any time terminate the contractual relationship with Santafoo with regard to their user account by sending an email to the following email address: info@santafoo.fr
Santafoo may terminate the contractual relationship with the Client in regards to the Client’s user account, upon sending them a (30) thirty days notice email to the email address specified by the Client in the account user information.
In the event of termination of the user account, the existing credits will be paid immediately. Any credit for an existing voucher will be given to the Client in the form of a voucher for the available amount and for the corresponding conditions.
Santafoo may – without prejudice to the rights of termination – temporarily or permanently block the Client’s user account if the latter violates this GCS, in particular if the Client breaches the rights of use granted to them in Article 13, or if the Client illegally obtains or uses vouchers referred to in Article 9. The Client will be informed of the blocking and of its duration. During the blocking period, the Client cannot place any order through their user account.
13. Intellectual property
All information, computer software, domain names, databases relating to the Application and the Platform, including in particular photographs, images, videos, illustrations, text, trade names, brands, logos, item information, their references, prices, as well as the layout and structure of the Application, are the exclusive property of Santafoo and are protected by copyright, trademark law, rights relating to databases and/or any other intellectual property right.
Santafoo grants the Client the non-exclusive, non-sublicensable and non-transferable right, limited in time and revocable at any time, to use the Application to order articles through the Platform in accordance with this GCS. The term “Use” in this context is any permanent or temporary reproduction of the Application in object code by storage, loading, execution or display for the purpose of the Client using the Application on their mobile device.
Any other use of the Application, including its source code or object code, images, characters, icons or descriptions of items displayed, is not permitted without the express prior consent of Santafoo.
14. Liability limitation and exclusion
Santafoo is liable to the Client for its own breaches of obligations, as well as for breaches of obligations of its representatives and auxiliaries in the event of gross negligence, in accordance with legal provisions.
In other cases, Santafoo is only liable in the event of a breach of a contractual obligation whose performance is essential for the proper performance of the contract (so-called essential obligation), for direct, foreseeable and real damage. When the non-performance or improper performance of these obligations is attributable either to the Client, or to the unforeseeable and insuperable fact of a third party to the contract, or to a case of force majeure (in particular in the event of fire, explosion, network failure, flood, snow, ice, accident, vehicle breakdown, administrative closure, pandemic, transport strike, partial or total strike, containment measures, etc.), Santafoo’s liability (including for breaches of the obligations of its representatives and auxiliaries) is excluded.
15. Guarantees
15.1 Legal Guarantee
Any lack of conformity of the items purchased via the Application are guaranteed by Santafoo under the conditions of Article L. 217-4 to L. 217-12 of the Client Code and hidden defects in the item sold are guaranteed under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
As part of the implementation of the legal guarantee of conformity, the Client:
– has a period of two (2) years to take action starting from the delivery date of the item;
– may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Client Code (which provides that Santafoo may not proceed according to the Client’s choice if this choice entails a significant disproportionate cost at the expense of Santafoo with regard to the other modality, taking into account the value of the item or the importance of the defect);
– is exempted from providing proof of the existence of a lack of conformity of the goods within the twenty-four (24) months following the delivery date of the item. However, Santafoo can rebut this presumption if it is not compatible with the nature of the item or the lack of conformity.
The Client may also decide to implement this guarantee against hidden defects in the sold item under article 1641 of the Civil Code. The Client can then choose between settling the sale or receiving a reduction to the sale price in accordance with article 1644 of the Civil Code.
To put the guarantee into force, the Client must contact Santafoo Client service via e-mail at the following address: info@santafoo.fr
The Client must indicate the basis they rely on to obtain the guarantee and provide proof of purchase and all corresponding supporting documents.
As part of the legal guarantee of conformity, Santafoo commits to the choice of the Client:
– either to replace the item with an identical item depending on available stocks,
– or to reimburse the price of the item, within a maximum period of thirty (30) days, if the replacement of a product is impossible.
As part of the legal guarantee against hidden defects, Santafoo commits to the choice of the Client, after evaluating the defect:
– either to reimburse the full price of the returned item, within a maximum period of thirty (30) days,
– or to reimburse them for part of the price of the item, within a maximum period of thirty (30) days, if the Client decides to keep the item.
Legal provisions relating to the guarantee of conformity and hidden defects:
Article L217-4 of the Client Code
“The vendor delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
The vendor is also held responsible for any lack of conformity resulting from the packaging, assembly instructions or installation if set by the contract to be their responsibility or has been carried out under its responsibility”
Article L217-5 of the Client Code
“The good conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and in the case of:
– if it corresponds to the description given by the vendor and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the vendor, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted “.
Article L217-12 of the Client Code
“Any action needed resulting from a conformity default is applicable within a two-years timeframe starting from the delivery date of the goods”.
Article L217-16 of the Client Code
“When the buyer requests the vendor, during the course of the commercial guarantee granted to them during the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained valid. This period is valid starting from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.”
Article 1641 of the Civil Code
“The seller is bound by the warranty for any hidden defects in the sold item which make it unfit for the use for which it is intended, or which reduce this use to a level that the buyer would not have bought it, or would have paid a lower price for, if they had known of those defects.”
Article 1648 of the Civil Code
“The action resulting from crippling defects must be declared by the vendor within two years from discovering the defect.
In the case provided in article 1642-1, the action must be taken, barely foreclosure, within one year of the date from which the vendor can be discharged from apparent defects or lack of conformity.”
16. Data protection
Santafoo processes the data collected via the Platform in accordance with the applicable legal provisions, in particular with the European data protection regulations and the French data protection law. For more details on the processing of this data, the Client will refer to Santafoo’s privacy policy, which is available on the Application.
17. Applicable law – Mediation
This GCS is subject to French law.
If the contracting party is a merchant within the meaning of the French Commercial Code, disputes arising from or in connection with this GCS will be submitted to the Courts within the jurisdiction of the Court of Appeal of Pau.
In the event of a complaint about Santafoo products and services, the Client can contact Santafoo client service either through email at info@santafoo.fr or via the chat function (https://santafoo.fr / contact-us) found on the Application.
In the event of Santafoo not succeeding in resolving an after-sales service problem raised by the Client, in accordance with the provisions of the Client Code concerning “the process of mediation of Client disputes”, the Client has the right to use a mediation service free of charge.
The European Commission has set up an internet platform for online dispute resolution (“The ODR Platform”) in the context of online sales or service contracts between a Client residing in the European Union and a professional entity established in the European Union. ‘European Union. The ODR platform is accessible at ec.europa.eu/Clients/odr/.
18. Partial non-validation
If one or more provision within this GCS were found to be invalid or revoked at a later stage, the validity of the other provisions will not be affected by that.
19. Modification of the GCS
Santafoo reserves the right to make changes to this GCS.
The current version of the GCS can be viewed on the Platform. We will not make any material changes to the GCS nor will we limit the rights of the Clients under the GCS without any prior notice. In the event of such a modification, Santafoo will inform the Client at least thirty (30) days before these modification to the GCS enter into force. If the Client does not agree with the changes made to the GCS, they have the right to terminate the contract immediately. If the Client does not exercise his right of terminating the contract, they are deemed to have accepted the GCS. Santafoo will reflect the inform of these circumstances and their consequences the Client through the notification of the modifications to the GCS.
If the Client opposes the validity of the GCS, Santafoo reserves the right to terminate the use of the Platform by the Client in accordance with Article 12 hereof.