General terms and conditions of sale

LA HALLE DES GOURMETS

Applicable as of April 4, 2023

Article 1 - General provisions relating to these general terms and conditions of sale

1.1 These general terms and conditions of sale (hereinafter the " GTC ) apply to and govern all online sales of products sold by ARCADYS, a company with a capital of 13,801.76 euros, whose registered office is located at 165 Boulevard de Valmy Bâtiment 103 ARMSTRONG 92700 COLOMBES, registered with the NANTERRE Trade and Companies Registry under number 350 410 510 (hereinafter "ARCADYS"). ARCADYS "), whose telephone number is: 0158571620, whose VAT number is FR56350410510, on the website accessible at www.lahalledesgourmets.com (hereinafter the " Site "), which is published by ARCADYS and which is freely accessible.

1.2 The Terms and Conditions of Sale apply, without restriction or reservation and by operation of law, to all online sales on the Site (hereinafter the "Terms and Conditions of Sale"). Order ") of ARCADYS' products (the "ARCADYS Products") (hereinafter the "ARCADYS Products"). Products ") to purchasers having the status of consumers, i.e. natural persons of full age who are not traders and who purchase for their personal non-professional needs, as well as legal persons for their needs other than those relating to their professional activities (hereinafter referred to as "the purchaser(s)"). Client(s) "»).

The General Terms and Conditions of Sale are the only ones applicable and constitute, together with the Order, the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which have only an indicative value or any other contradictory document or any general terms and conditions of purchase of the Customer.

1.3 The GTC are accessible at any time on the Site where they can be directly consulted. ARCADYS reserves the right to modify its GCS at any time and without notice. Changes to the GCS are binding on Customers as of their posting on the Site and may not apply to transactions concluded previously; the version applicable to the Order is that in force on the Site on the date of its validation.

1.4 Any Order shall be deemed to constitute acceptance, without reservation, of these General Terms and Conditions of Sale. This acceptance is in no way conditioned by a handwritten signature on the part of the Customer. In accordance with the applicable provisions of the Civil Code, it is recalled that the validation of the Order as specified in Article 6, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.

The Customer may save or print the General Terms and Conditions of Sale, provided that they are not modified.

1.5 The Customer acknowledges and guarantees that he has the capacity and the required age (majority) to contract and/or carry out an Order on the Site.

Article 2 - Product Offer

2.1 The offers of online sale of Products on the Site are exclusively reserved for Customers who are natural persons of full age and capable, non-trading persons purchasing for their personal non-professional needs, as well as legal entities for their needs other than those related to their professional activities. Any resale of Products is strictly prohibited, except with the prior written consent of ARCADYS.

2.2 Online sales of Products on the Site are exclusively reserved for Customers with a delivery address in France and the European Union.

Article 3 - Products

3.1 The Products offered for sale are presented on the Site and are the subject of a summary, non-exhaustive description, indicating their essential characteristics, their name and their price, in accordance with the provisions of Article L.111-1 of the French Consumer Code.

ARCADYS makes its best efforts to ensure that the presentation of the Products whose photographs are displayed on the Site are accurate.

However, in view of the way in which the Products are presented on the Internet, it is possible that the impression perceived by the Customer of the photographic representation of the Products may not correspond exactly to the Product itself. If any errors occur, ARCADYS shall in no way be held liable for said errors.

The Products comply with the regulations in force in France relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.

3.2 The Products are offered for sale and delivered only during the period of their online presentation and within the limit of available stocks. Product availability indications may contain errors or may not be up to date, in particular in the event of simultaneous Orders for the same Product by different Customers. In the event of unavailability of the Product ordered, ARCADYS shall inform the Customer as soon as possible, by telephone or by email, and may offer (i) a longer delivery time, (ii) a Product of equivalent quality and price, or (iii) cancel the Order and reimburse the price paid for it. In the event of disagreement by the Client or cancellation of the Order, ARCADYS shall proceed to reimburse the sums paid within 30 days, by bank transfer. Apart from reimbursement of the price of the unavailable Product, ARCADYS is not liable for any compensation for unavailability or cancellation, unless the non-performance of the Order is personally attributable to it.

Article 4 - Prices

4.1 The sales prices are indicated, for each of the Products appearing on the Site, in euros, all taxes included, excluding delivery and transport costs which will be invoiced in addition. The total amount due by the Customer, including all costs and VAT, is indicated on the Order confirmation page.

The selling price of the Product is that in force on the day of the Order. ARCADYS reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in effect on the day of the Order.

4.2 In the event of a price promotion, ARCADYS undertakes to apply the promotional price to any Order placed during the period of the publicity made for the promotion.

4.3 Any additional transport, delivery or postage costs, which the Customer may have been aware of prior to the Order, are fixed after validation of the product basket and indication of the desired delivery method for the Order.

Article 5 - Creation of customer account

5.1 In order to proceed with an Order, all Customers must first fill in and return a form (hereinafter the "Form".) of application to open a client account (hereinafter the "Customer Account".) on the Site.

The Form implies the communication of all the data and information requested during the operation, and in particular :

o Name

o First name

o Email

o Telephone

o Mailing address (billing and delivery)

o Selected password

This information required in the Form is necessary to finalize the opening of the Client Account.

5.2 The validation and sending to ARCADYS of the Form requires that the Client first consults and accepts the General Conditions of Use of the Site and the GCS, which can be saved and/or printed, by clicking on the confirmation box provided for this purpose (reproducing the sentence "I certify that I have read and accepted the General Conditions of Sale and the General Conditions of Use of the site www.lahalledesgourmets.com"), then validates his Form.

No request to open a Client Account can be sent to ARCADYS if the General Conditions of Use of the Site and the GCS are not accepted beforehand by the Client. This validation implies the acceptance without restriction or reserve of all the General Conditions of Use of the Site and the GCS.

5.3 The submission of the Form by a Customer on the Site creates a Customer Account on the Site with the information provided in the Form. ARCADYS confirms receipt of the Form by sending an email to the email address communicated in the Form.

5.4 The Client is solely responsible for all data that it provides to ARCADYS and guarantees ARCADYS that the information is accurate, precise and complete and that it does not infringe any third party rights or violate any legislation or regulations in force. The Client is solely responsible for the loss and/or damage resulting from elements and/or information transmitted to ARCADYS or communicated via the Site, including if they are incomplete or misleading.

5.5 Access to the Customer Account is carried out using the identifiers (login and connection password) from any fixed or portable computer.

The Customer is solely responsible for access to his Customer Account, for the use and confidentiality of his identifiers, for any transmission of data relating to the Customer Account, in particular if the Customer takes the risk of pre-registering his identifiers (login and password) on his computer, thus allowing automatic connection to the Customer Account. The Customer shall in this respect bear the consequences that may result from any fraudulent use by a third party.

The Customer undertakes not to allow third parties to access the Site, via his Customer Account and must respect the rules of confidentiality of his identifiers which are strictly personal and confidential.

The Client must inform ARCADYS, without delay and by email at the email address "contact@lahalledesgourmets", if it notices any unauthorized use (supposed or proven) of its Client Account, a security breach or violation (supposed or proven) related in particular to the voluntary or involuntary communication, loss or misappropriation of a login or password, so that ARCADYS can take without delay any appropriate measure to remedy the security breach and assign a new login or password.

5.6 These connection identifiers will be requested at each connection, are proof of the Customer's identity, and are binding on any Order placed through the Customer Account.

5.7 Subject to informing the Client by email, ARCADYS may close any Client Account, without notice or compensation, in the event of :

- Illegal use, attempted illegal use or even complicity in the illegal use of the Site and/or the Customer Account, in particular in the event of use in violation of any law or regulation in force or infringing any right of a third party, counterfeiting, etc. ;

- Use of the Site and/or the Customer Account in violation of any of the provisions of the General Conditions of Use of the Site or the GCS ;

- ARCADYS ceases to operate the Site for any reason whatsoever;

- Inactivity of the Client Account for an uninterrupted period of 36 months.

5.8 The Customer may terminate his Customer Account at any time, subject to compliance with all the provisions of the applicable GTC, by sending a request to this effect by e-mail to the address "contact@lahalledesgourmets". All data related to this Customer Account will then be deleted. ARCADYS will only keep the Client's personal data for as long as there are outstanding items (unpaid invoices, disputes, litigation, etc.).

Article 6 - Order Process

6.1 In accordance with the provisions of article 1126 of the French Civil Code, the Customer expressly accepts the use of electronic mail for the communication of all information necessary or requested for the conclusion of the Order or that which is sent during its execution.

6.2 To place an Order on the Site, the Customer must :

To be of legal age to place any Order for Products whose sale is reserved for adults,
Have the legal capacity to contract,
Have an address in one of the countries delivered,
Hold a bank account with sufficient funds to pay the amount of the Order online.

6.3 In order to add a Product to his basket, the Customer will click on the "Add to basket" icon.

At any time, the Customer may :

Obtain a summary of the Products he has selected or modify his basket, by clicking on the "Basket" icon accessible on each page.
Validate your basket by clicking on "Order".

6.4 Once his basket has been validated, the Customer must identify himself. The Customer undertakes in particular to indicate :

His/her surname(s), first name(s), telephone number and e-mail address. The said e-mail address must be perfectly valid and in perfect working order;
A postal address to which delivery can be made during business hours from Monday to Saturday, except for fresh Products for which delivery days are from Monday to Friday.

The information requested when placing an Order is necessary for ARCADYS to confirm and send the Order(s).

In this respect, the Vendor informs the Customer of the possibility of registering on the "Liste d'opposition au démarchage téléphonique": https://www.bloctel.gouv.fr/.

The Customer is then invited to indicate his choices at the delivery address, the means of payment and the delivery method.

The Order is the subject of a summary including, in particular, the Products entered and the total price, including delivery costs.

Before validating an Order, it is the Customer's responsibility to check the accuracy of the Order and all of its elements, in particular the total price, and, if necessary, to identify and correct any errors or modify the Order. The Customer may then definitively validate his/her Order, which implies the acceptance without restriction or reservation of the entirety of the General Terms and Conditions of Use of the Site, of the personal data processing and cookie management policy practiced by ARCADYS, and of the General Terms and Conditions of Sale (by clicking on the confirmation box provided for this purpose reproducing the sentence "I validate my basket and accept the General Terms and Conditions of Sale and the General Terms and Conditions of Use of "lahalledesgourmets.com").

The Customer is informed of the following sentence in addition: "Within the framework of your registration, only your personal data useful for the good management of your purchase or customer account are used. Our partners, transport, banking and IT service providers receive your data within the limits of their attributions. You can find our data protection policy and your rights by consulting the "Personal Data Protection Policy " section.

No Order shall be accepted in the absence of prior acceptance by the Client of the General Conditions of Use of the Site, of the policy for processing personal data and managing cookies practiced by ARCADYS, and of the General Terms and Conditions of Sale.

6.5 In order to validate his Order, the Customer is invited to click on "Confirm my purchase". The Customer must obligatorily proceed to the payment of the total price. As payment is made by credit card, it shall only be considered effective after agreement from the payment centres. In the event of refusal by the said centres, the Order shall be automatically cancelled, without any compensation being payable by the Customer. The Customer shall be notified by the payment centre by means of a message on the screen.

6.6 As soon as the full price has been paid, the Order is automatically registered and becomes firm and definitive. Once the Sales Order has been confirmed and accepted, an e-mail will be sent to the Client at the e-mail address indicated on the Sales Order form, summarising the Products ordered, the delivery address, the payment method chosen and indicating the Sales Order number. The information given by the Client at the time of placing the Sales Order is binding upon him/her. In the event of a mistake by the Customer in the wording of his or her contact details or those of the place of receipt, in particular: his or her full name, address, telephone number, e-mail address, door code, floor, resulting in the loss of the Products, the Customer shall remain responsible for the payment of the lost Products and no compensation or reimbursement shall be made.

6.7 The Site's automatic registration systems are proof of the nature, content and date of the Client's Order, of the confirmation of receipt of the Order by ARCADYS, and of any electronic mail exchanged between ARCADYS and the Client. The information relating to all operations carried out on the Site will be stored and archived, and may serve as proof in the event of a dispute.

6.8 Any modification of the Order by the Client after validation of the Order is subject to acceptance by ARCADYS.

6.9 ARCADYS reserves the right to refuse any Sales Order that it deems to be contentious, fraudulent or for legitimate reasons, and more particularly if the quantities of Products ordered are abnormally high for Customers having the status of consumers, and any Sales Order placed by a Customer with whom there is a dispute of any kind, past or present, and notably a dispute relating to the payment of a previous Sales Order. ARCADYS reserves the right to ask the Client, prior to processing the Order, for any proof of identity or domicile.

Article 7 - Terms of payment for Products

7.1 Payment shall be made in euros using the secure payment system "3D Secure" by credit card (Visa, Carte Bleue, Mastercard).

ARCADYS reserves the right not to accept certain foreign or private bank cards.

The payment method PAYPAL if applicable is accepted (after opening a PayPal account).

7.2 The price is payable in full when the Customer validates the Order. No discount or penalty for late payment shall be applied. Payment shall be made immediately upon Order only by credit card.

In order to proceed with the payment due, the Customer must provide the information required for the payment method chosen by the Customer.

In the case of payment by credit card, the information is the credit card number, the expiry date of the card and, if applicable, the visual cryptogram.

The payment can be validated after entering a 3D Secure code provided by the bank of the Customer holding the Credit Card and communicated by SMS.

The Customer's bank account shall be debited at the time the Order is validated.

In the context of Internet payments, a check is carried out online with the competent banking institutions and organisations, which are queried via the Caisse D'Epargne system. To this end, the Caisse d'Epargne will store and automatically process information relating to each Order, including bank card details, in a secure environment. The transfer of the Customer's personal data to the Caisse d'Epargne is governed by the standard contractual clauses established by the European Commission.

In case of refusal by the bank, the Order will be automatically cancelled and the Customer informed by LA HALLES DES GOURMETS.

LA HALLES DES GOURMETS uses a payment service provider and therefore never has access to confidential information relating to the Customer's means of payment.

7.3 The Order of Product(s) will only be considered firm and definitive once it has been confirmed by LA HALLES DES GOURMETS. Once the Order of Product(s) has been confirmed and its payment validated, a printable and recordable summary of the Customer's Order is displayed which mentions the Order references.

An Order confirmation e-mail will then be sent to the Customer and will contain the following information:

the Order number;
the summary of the Order (description of the Product(s) ordered, quantity, price and essential characteristics);
the legal rights and guarantees available to the Customer;
the total amount of the Order, including all taxes;
delivery charges ;
confirmation of payment ;
the current version of the T&Cs;
the standard withdrawal form ;
the terms and conditions for exercising the right of withdrawal, in accordance with the provisions of Articles L.221-18 of the Consumer Code and following;
the terms and conditions relating to the delivery of the Products ordered (the estimated time of dispatch, which may not exceed a maximum of 5 days in France and 7 days within the European Union, as of the validation of the Order).

7.4 An invoice will be included in the package unless the delivery address is different from the billing address. In the latter case, the invoice will be sent to the billing address and by e-mail to the address specified in the Order.

Article 8 - Delivery and receipt of the Order

8.1 The shipment of the Order cannot take place without the full payment of the Products ordered and the delivery costs, as calculated on the summary of the Order.

8.2 The Products are delivered to the postal address indicated by the Customer at the time of the Order and which will appear on the delivery slip.

ARCADYS undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products after receipt of the Order within a period of :

5 to 7 working days in metropolitan France.
8 to 9 working days abroad or in the French overseas territories.

Except in cases of force majeure or carrier failure, when the Product ordered has not been delivered on the date or at the expiration of the period mentioned on the Order, the Customer may, 10 days after having unsuccessfully enjoined ARCADYS to perform its delivery obligation within a reasonable additional period of time, cancel the Order by registered letter with acknowledgement of receipt. In this case, ARCADYS will reimburse all sums paid by the Client within 30 days of receipt of the cancellation, to the exclusion of any other compensation.

8.3 The costs and delivery times are as follows:

Zone 1: Metropolitan France and Monaco

DRY PRODUCT DELIVERY - Monday to Friday to Saturday

Delivery time from order acceptance: 4 to 5 working days. Delivery charge: €6.90

FRESH PRODUCT DELIVERY - Monday to Saturday

Delivery time from date of order acceptance: 5 to 7 working days. Delivery charge: from €6.90

Zone 2: Europe

DRY PRODUCT DELIVERY - Monday to Friday

Delivery time from receipt of order : 5 to 7 working days. Delivery charge: €6.90

FRESH DELIVERY - Monday to Friday

Delivery time from receipt of order: 5 to 7 working days. Delivery charge: €9.90 for Spain, Luxembourg and Belgium.

8.4 Any delay in delivery must be notified in writing as soon as possible by the Client to ARCADYS, which will carry out an investigation. The Client shall have the right to cancel the Order if the delivery of the Order has not been made within fifteen days of the delivery date initially indicated to the Client and subject to a delay not resulting from the Client or from a case of force majeure.

As of the exercise of the right of cancellation, or as of the conclusions of the investigation carried out by ARCADYS confirming the loss of the package, ARCADYS will, at its discretion (i) refund the bank account debited at the time of the Order, within a maximum period of fifteen days from receipt of the cancellation, to the exclusion of any other compensation, or (ii) reship the Products at its own expense.

In the event of partial delivery of the Order, delivery may be made in several installments, and this right shall only apply to the undelivered balance of the Order.

8.5 All the Products on sale on the Site can be directly collected in the shop with Click&Collect when this service will be implemented.

At the time of placing the Sales Order, the Client may choose to have the Products withdrawn from the shop which he/she/it will have designated on the basis of the information given by ARCADYS (hereafter referred to as the "ARCADYS Shop"). Shop "»).

This service is available during the days and hours of operation of the designated Boutique. A 48-hour turnaround time is required for all Orders placed during the opening hours of the Boutique.

The Products ordered will be available in the Shop within 48 working hours after confirmation of the Order and must be picked up within 72 hours after confirmation of the Order at the latest. Products ordered with Click&Collect that are not picked up within 72 hours after order confirmation will be considered lost.

For security reasons, the Customer will be systematically requested to provide us with the following information in the event that an Sales Order is placed from our site:

- the Purchase Order or Sub-Order number if there are several articles

- the payment card used when paying on the Internet.

- the identity document of the person making the withdrawal.

In case of payment by PAYPAL, the payment confirmation email and the identity document of the PayPal account holder must also be provided.

In the event of withdrawal by a third party, the latter must go to the Shop equipped with :

- the Purchase Order or Sub-Order number if there are several articles

- of his I.D,

- the identity document of the person who placed the Order (or a copy thereof) and a power of attorney of that person

The Customer is responsible for ensuring the conformity of his Order at the time of its withdrawal. Once the Order has been withdrawn, no claim of non-conformity shall be accepted.

If you have any questions about your Click&Collect order and its collection, please contact ARCADYS at [email protected].

8.7 The risk of loss of or damage to the Products shall pass to the Customer at the time when he or a third party designated by him takes physical possession of the Product.

The Customer must check the condition and contents of the package upon receipt and verify that the Product delivered conforms in all respects to the Order. If the Product does not conform to the Order, or in the event of an apparent defect, shortage or deterioration, the Customer must send a written complaint to ARCADYS within 72 hours of receipt, accompanied by a photograph of the Product concerned and the batch number and use-by date, by e-mail to [email protected], giving full details of the nature and extent of the damage to the Product. Once this period has elapsed, the Products delivered will be deemed to be in conformity and free of all apparent defects, and may under no circumstances be the subject of any claim whatsoever.

Article 9 - Legal guarantees

9.1 The Products supplied by ARCADYS benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14 of the Consumer Code or the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

9.2 In accordance with Articles L. 217-1 et seq. of the French Consumer Code, ARCADYS shall be required to deliver a Product that complies with the Order and shall be liable for any lack of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been placed at its expense by the Order or has been carried out under its responsibility. In order to comply with the Order, the Product must be fit for the use normally expected of a similar good.

Within the framework of the legal guarantee of conformity, the Customer :

Benefit from a two-year period from the date of delivery of the property to act ;
Can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.

Defects in conformity which become apparent within twenty-four months of delivery of the Product shall be presumed to exist at the time of delivery, unless proven otherwise.

Non-conforming Products must be returned in the state in which the Customer received them with all the elements (accessories, instructions, etc.) in packaging that allows them to be transported in good conditions. The shipping costs will be reimbursed to the Customer on the basis of the invoiced price and the return costs will be reimbursed on presentation of the supporting documents. ARCADYS may not proceed according to the Client's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the good or the importance of the defect.

9.3 The Customer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 et seq. of the Civil Code. ARCADYS is liable for hidden defects in the Product that render it unfit for the use for which it was intended, or that so diminish this use that the Customer would not have acquired it, or would have paid a lower price for it, if it had known about them. ARCADYS is not liable for apparent defects of which the Client has been able to convince itself. The defect must predate the sale and render the products unfit for the use for which they are intended.

The Customer has a choice:

Return the thing and get the prize back;
Keep the thing and get some of the prize money back.

The time limit for taking action is 2 years from the discovery of the defect.

9.4 Products modified, repaired, integrated or added by the Customer are excluded from warranty. The warranty shall not apply to apparent defects. The warranty will not cover products damaged during transport or due to misuse.

Article 10 - Commercial guarantee

In the event of receipt of a non-compliant Product, and subject to the provisions of article 9.2, the Customer is authorized to return the non-compliant Product to ARCADYS within thirty (30) days after receipt of the Product.

This right of return does not apply to foodstuffs, unless it turns out that the said foodstuffs had an expiry date prior to the date of delivery of the Product when it was received by the Customer.

It is specified that ARCADYS does not accept packages sent postage due, and that the Product must be returned in its original packaging. The Customer must enclose a copy of the invoice and the return form sent by the customer relations department, which must be requested in advance by email: [email protected].

ARCADYS will carry out a check on the non-conformity of the Product which, if it is confirmed, will automatically lead, at ARCADYS' choice, to (i) a refund in favor of the Client or (ii) the return of a new Product at ARCADYS' expense. The refund will be made to the bank account debited at the time of the Product Order within 30 days after ARCADYS has received the non-compliant Product. This refund will also include the refund of the initial delivery costs if all of the Products delivered are returned. If the entire Order is not returned in its entirety, no refund of the initial delivery charges will be made.

Any risk related to the return of the Product remains the responsibility of the Customer.

Article 11 - Liability

11.1 ARCADYS cannot be held liable in the event of non-performance or poor performance of the Order due either to the Client, or to the insurmountable and unforeseeable act of a third party to the Order, or to force majeure. In the event of an event of force majeure such as war, riot, fire, epidemic, strikes, impossibility of supply, stoppage of transport which would tend to delay or prevent the execution of supply, constitute a cause for suspension or cancellation of ARCADYS's obligations, without compensation other than reimbursement of the Order in the event of cancellation, to the benefit of the Client if the event lasts more than five (5) days. The Client will be informed by any appropriate means, in order to allow the latter to withdraw from its Order by simple written reply.

ARCADYS shall not be held liable for the failure of the Product(s) to conform to the laws in the country of the Client's country where the Client is located and it is the Client's responsibility to verify that the Product(s) is/are not prohibited for sale in said country.

11.2 In the event of damage caused by a safety defect in the Product, the Customer must seek the responsibility of the manufacturer identifiable from the information mentioned on the packaging of the Product.

Article 12 - Right of withdrawal

12.1 The Customer may withdraw from the Order, without giving any reason or incurring any penalties, within fourteen (14) days of receipt of the Product by the Customer or a third party, other than the carrier, designated by the Customer. To exercise his/her right of withdrawal, the Customer must notify ARCADYS of his/her decision to withdraw from the Order by means of an unambiguous statement expressing his/her intention, and including the Customer's identity and address, by e-mail to [ email protected]. In order for the withdrawal period to be respected, it is sufficient for the Customer to transmit his/her communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period. The Customer must use the model withdrawal form reproduced in Appendix 1 of the General Terms and Conditions of Sale, and attach a sworn statement to the effect that the Customer has complied with the rules governing the conservation of the Product during the period of its possession, and a photograph of the Product certifying that the Product has been returned intact and strictly identical to that initially delivered.

With regard to ARCADYS Products in the food category of perishable foodstuffs ordered on the Site corresponding to fresh Products and Products such as chocolate bars and chocolate confectionery, in accordance with the provisions of article L. 221-28.4° of the French Consumer Code, and subject to the hypotheses referred to in article L.121-21-8.4° of the said Code, the Customer does not have the right of withdrawal provided for in article L.121-21 of the French Consumer Code.

12.2 In the event that the Client withdraws from the Order, ARCADYS will reimburse all payments received by the Client, including delivery costs (except for additional costs resulting from the fact that the Client has chosen, where applicable, a delivery method other than the less expensive standard delivery method proposed by ARCADYS) without undue delay and, in any event, no later than fourteen (14) days from the day ARCADYS receives the Client's decision to withdraw from the Order. ARCADYS will proceed with the refund using the credit card used for payment, at no additional cost to the Client. However, ARCADYS may defer reimbursement until receipt of the Product(s) that is/are the subject of the retracted Order.

12.3 Any Product returned incomplete, damaged, used, washed, damaged, deteriorated, soiled or consumed, even partially, will not be refunded.

12.4 It is recalled that the Customer's liability, in the event of withdrawal after use of the goods, is incurred with regard to the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. Such handling shall be that which a consumer may carry out in a shop in respect of the goods offered for sale there.

The Customer must return or return the Product to ARCADYS, without undue delay and, in any event, no later than fourteen (14) days after the Customer has communicated to ARCADYS its decision to withdraw from the Order. This time limit is deemed to be respected if the Client returns the Product before the expiration of the fourteen (14) day period.

In the event of withdrawal by the Customer, the Customer shall bear all direct costs of returning the Product to ARCADYS.

12.5 In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal may not be exercised for contracts in particular:

The supply of goods made to the consumer's specifications or clearly personalised;
The supply of goods that are likely to deteriorate or expire rapidly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;
The supply of goods which, having been delivered and by their nature, are inseparably mixed with other articles ;
The supply of alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed at the conclusion of the contract depends on fluctuations in the market which are beyond the trader's control.

For any additional information on the scope, content and instructions on how to exercise the right of withdrawal, the Client is invited to contact ARCADYS' Client Service as described in article 16 below.

Article 13 - Intellectual property

13.1 Copyright

The Site is the full and entire property of ARCADYS. ARCADYS owns the intellectual property rights necessary to put it online.

Both the general structure of the Site (graphic charter) and its content (texts, slogans, graphics, images, sounds, videos), including software, databases and newsletters (hereinafter the "Content".) are the property of ARCADYS or third parties authorized to use them, and are protected by copyright. They do not grant any license or right other than the right to consult the Site. Reproduction of all or part of the Site and its content is only authorized for the exclusive purpose of information for personal and private use.

Consequently, in accordance with the provisions of the Intellectual Property Code, any representation, reproduction, modification, denaturation and/or Content, by any process whatsoever and on any medium whatsoever, without the express and prior authorization of ARCADYS, is prohibited and constitutes an act of copyright infringement.

Likewise, any unauthorised use of the Site and/or its content engages the user's criminal and civil liability on the basis of copyright infringement.

13.2 Distinguishing marks

The trademarks, logos, corporate names, acronyms, commercial names, signs and/or domain names of ARCADYS and/or its commercial partners mentioned in the Site constitute distinctive signs that may not be used without the express and prior authorization of their owner.

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, pursuant to the provisions of the Intellectual Property Code.

13.3 Hyperlinks

ARCADYS cannot be held responsible for the hypertext links implemented within the Site to other sites, and in general to all existing resources on the Internet.

Any creation of links to the Site, any framing of the Site, and more generally any use of the Content, is subject to the prior and express authorization of ARCADYS, which may be revoked at any time at its sole discretion. ARCADYS reserves the right to request the removal of any link to the Site that has not been, or is no longer, authorized and to claim damages and interest in compensation for the prejudice suffered as a result.

Article 14 - Processing of personal data

The data and information that the Customer transmits to ARCADYS when placing the Order includes personal data. These data are subject to automated processing and are recorded in the ARCADYS information system and database. The Client expressly accepts the personal data processing and cookie management policy practiced by ARCADYS accessible on the Site.

All personal data is subject to the provisions of Law No. 78-17 of January 6, 1978, amended by Order 2018-1125 of December 12, 2018 and the provisions of the General Regulation on Data Protection or "RGPD" (Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016.

In this regard, the Customer has the right to access and rectify or delete data concerning him/her processed by ARCADYS, as well as the right to object to the processing of such data for the purposes of direct commercial prospecting, by contacting ARCADYS Customer Service by e-mail at [email protected]. Where applicable, the Customer shall provide ARCADYS with updates or changes to the Customer's information, including but not limited to your postal and/or e-mail address, to enable ARCADYS to ship the Customer's Orders to the correct address and to contact the Customer regarding the same should the need arise.

Article 15 - Protection of minors

In accordance with the provisions of article L.3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is strictly prohibited. Any person ordering on the Site therefore undertakes to be of legal age. ARCADYS reserves the right to request any proof of age.

Article 16 - Customer Service

For further information, please contact Customer Service (Monday to Friday, 9am to 5.30pm), except on public holidays, by e-mail at [email protected].

Article 17 - Miscellaneous

17.1 In the event that any of the stipulations of the GTC are deemed to be null, illegal or unenforceable by a competent court or by an authority having jurisdiction to do so, or in application of a legislative or regulatory text in force, the contractual stipulation concerned shall be deleted without affecting the validity or enforceability of the other stipulations of the GTC. The parties will consult and negotiate in good faith in order to try to find the means to implement the purpose of this stipulation.

17.2 The failure of either party to exercise a right or to require performance of an obligation by the other party under the GTC shall not constitute a waiver of such right or performance, nor shall it relieve the defaulting party from future performance of its obligations under the Order.

Article 18- Settlement of disputes

18.1 The General Terms and Conditions of Sale and the operations arising therefrom are subject to French law. The GCS and all contractual information mentioned on the Site are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

18.2 The Customer is hereby informed that it may in any event have recourse to conventional mediation or any other alternative dispute resolution method in the event of a dispute. In the event of any difficulty, ARCADYS invites the Customer to contact ARCADYS in advance by email at [email protected].

In the event that the claim request to ARCADYS is unsuccessful, or in the absence of a response from ARCADYS within two (2) months, the Customer may submit the dispute relating to the Order or the GCS opposing ARCADYS to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. To submit its request for mediation, the Customer has a claim form available on the mediator's site. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The designated Consumer Mediator is Association des Médiateurs d'Ile de France, head office 1 place de Fleurus 77100 Meaux/ mail [email protected]

The Customer may also choose to resolve the dispute using the online dispute resolution platform published by the European Commission by going to the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

18.3 In the absence of an amicable agreement, any claim or dispute arising from the validity, interpretation or execution of the GTC shall be submitted to the competent courts of the place of residence of the defendant or that of the place of actual delivery of the Product.

ANNEX 1: WITHDRAWAL FORM

(Please complete and return this form only if you wish to retract your Order with ARCADYS - ________________)

To the attention of ARCADYS

In accordance with Article L. 221-18 of the French Consumer Code, I hereby notify you of my wish to exercise my right of withdrawal concerning the Order of the Product below:

Ordered on:

Bearing the number:

On the website www.lahalledesgourmets.com

Received on:

Name of consumer(s) :

Address of the consumer(s) :

I will return the Product to you within the next fourteen days.

I would like to ask you to reimburse me the sum of (...) euros that I paid you with

credit card
private card
paypal

Date:

Consumer signature :