1. DEFINITIONS USED IN THE TERMS OF USE

  • "French Gourmand e-store" means an online shop operating at frenchgourmand.eu.
  • "Terms of Use" means these terms and conditions of use of the French Gourmand e-store.
  • "Customer" means a person who buys Products from the French Gourmand e-store.
  • "Business Customer" means a Customer who is a legal person.
  • "Seller" means French Gourmand OÜ, reg. code 11556730, address Paljassaare 28C, Tallinn 10313, tel. +37253095190, e-mail info@frenchgourmand.eu.
  • "Consumer" means a natural person who concludes a transaction that is not related to pursuing independent economic or professional activities.
  • "Order" means a purchase request made by a Customer in the French Gourmand e-store.
  • "Product" means a product(s) sold by the Seller in the French Gourmand e-store.

2. GENERAL PROVISIONS

2.1. The Terms of Use apply to Product purchases from the e-store of French Gourmand and regulate the legal relationships between the Seller and the Customer.

2.2. Upon placing an Order, the Customer consents to the Terms of Use.

2.3. Before placing an Order, the Customer can save and/or print the Terms of Use.

2.4. The Seller has the right to unilaterally amend the Terms of Use, publishing the new Terms of Use at frenchgourmand.eu.

2.5. The Terms of Use remain in force until new Terms of Use are published. The legal relationships between the Customer and the Seller are governed by the Terms of Use effective at the time of placing the Order.

2.6. The Terms of Use have been made in Estonian/English.

2.7. Customer service of the e-store of French Gourmand: e-mail info@frenchgourmand.eu, tel. +37253045390.

3. PRODUCT AND PRICE

3.1. The images next to the product descriptions in the French Gourmand e-store are merely illustrative.

3.2. Refrigeration and freezing facilities and refrigerator and freezer vehicles are used in storing and transporting the Products and therefore all of the Products (including bakery products) reach the Customer in a cooled state.

3.3. The Product prices in the French Gourmand e-store are in euros and exclusive of VAT (except for Business Customers).

3.4. A transport fee is added to the price of the ordered Products as follows:

3.4.1. delivery by a courier in Tallinn and in the vicinity of Tallinn - 6,00 euros. If the Order total is at least 45.00 euros (incl. of VAT), no transport fee is charged in Tallinn and vicinity of Tallinn. The transport fee (where charged) is indicated before paying for the Order.

3.5. The Seller has the right to change the prices of the Products offered. The prices disclosed in the e-store of French Gourmand at the moment of placing an order are applicable to the Customer, unless the wrong price of the Product was disclosed due to a technical error or malfunction or where the Customer has to understand that it was an error (a clearly wrong sales price).

3.6. In the case of packaging subject to a deposit required by the legislation of the Republic of Estonia (hereinafter deposit), the Seller indicates the size of the deposit separately from the sales price on the invoice.

3.7. In the case of Products sold based on their weight (e.g. grapes, watermelons, meat, fish, sausages, etc.), the final price of the Products may change upon completing the Order.

3.7.1. If, upon preparing a weight-based Product for delivery, the final price of the Product proves smaller owing to its actual weight, the Seller will refund the difference between the price paid by the Customer and the final price of the weight-based product to the Customer’s current account within seven (7) working days after the delivery date specified in the Order.

3.7.2. If, upon preparing a weight-based Product for delivery, the final price of the Product proves higher owing to its actual weight, the Seller has the right to charge the Customer the difference afterwards.

3.8. If, upon preparing Products for delivery, a Product needs to be replaced (in accordance with clause 4.11 of the Terms of Use) and the price of the replacement product is lower than the price of the Product ordered by the Customer, the Seller will refund the Customer for the difference between the price of the ordered Product and the replacement Product within seven (7) working days as of the date of delivery specified in the Order. If the price of the replacement Product is higher than the price of the Product ordered by the Customer, the Customer is not required to make an additional payment to the respective extent.

4. PLACING AN ORDER

4.1. To make a purchase, the Customer has to place an Order in the environment of the e-store of French Gourmand.

4.2. In the e-store of French Gourmand, the Customer can place Orders after having logged in as a registered loyal customer.

4.3. To become a loyal customer of the e-store of French Gourmand, the Customer must fill in a respective form "Create account" in the e-store environment of French Gourmand and consent to the Terms of Use.

4.4. To place an Order, add the desired Products to the shopping card and click on the button "Order”.

4.5. Alcohol is sold only to Customers that have attained the age of majority.

4.6. Next, the Customer has to choose the time of completion of the Order (date and time) and enter the delivery address.

4.7. The Seller is not responsible for damage caused in completing an Order due to incorrect data given by the Customer or for any other consequences.

4.8. The Customer pays for the entire Order in a payment environment made available by the Seller. Before making a payment, the Customer checks whether the Products, quantities and prices given in the Order correspond to their actual intent.

4.9. After making a payment via a bank link the Customer must click on the button "Return to Seller".

4.10. Regarding the receipt of an Order, the Seller sends to the Customer an automatic e-mail along with an Order confirmation. If the Order confirmation contains mistakes (undesired goods, quantities, etc.), contact the Seller’s Customer Service at the contact details specified in clause 2.7 right away.

4.11. The Seller starts preparing an Order for delivery once the Customer has paid for the entire Order.

4.12. If in preparing an Order for delivery the Seller finds out that it cannot deliver the quantity of a Product ordered by the Customer, the Seller has the right to replace the Product at its own discretion or by consulting the Customer by telephone.

4.13. If the Seller cannot replace a Product or if the Customer does not approve the replacement when receiving the Order and waives it, the cost of the missing Product will be refunded to the Customer’s current account within seven (7) working days as of the date of delivery given in the Order.

4.14. The Seller has the right to reject an Order by informing the Customer thereof by e-mail, stating the reason for the rejection. If the Seller rejects an Order, the Order price is refunded to the Customer’s current account within seven (7) working days as of the date of delivery specified in the Order.

5. PAYMENT OPTIONS AND REFUNDS

5.1. You can pay for an Order in the manner specified in the e-store environment of French Gourmand. A service fee may be added to the price of the Order in accordance with the contract concluded between the Customer and the issuer of the bank card or credit card.

5.2. A payment is made outside the e-store environment of French Gourmand in a secure payment environment of the bank or service provider. The e-store of French Gourmand does not have access to the Customer’s bank and credit card details.

5.3. All refunds made by the Seller in accordance with the Terms of Use are made to the Customer’s current account from which the payment for the Order was made.

6. DELIVERY

6.1. An Order is delivered in Tallinn and in the vicinity thereof. The exact delivery regions are indicated on the website of the e-store of French Gourmand.

6.2. The ordered Products are sent by a courier to the address given by the Customer.

6.3. The delivery of Products by a courier:

6.3.1. the Products are delivered to the indicated address within the period of time indicated in the Order;

6.3.2. before arriving at the location of the Customer, the courier contacts the Customer by calling the telephone number given by the Customer to the Seller, informing the Customer of a more accurate time of arrival.

6.3.3. the Customer must ensure the acceptance of the Products at the time and place specified in the Order. If the Order is accepted by a representative of the Customer, the courier has the right to ask for an Order number. If the Customer does not answer the telephone and/or ensure the acceptance of the Products when the courier first arrives at the location given by the Customer or a delivery of the Products at the agreed time becomes impossible due to another circumstance attributable to the Customer, the Seller considers the Order cancelled by the Customer. In such an event the Customer is required to pay the Seller a transport fee in the amount specified in clause 3.4.1. The Seller returns the sum paid by the Customer, minus the transport fee, to the Customer’s current account within seven (7) working days after the delivery date specified in the Order.

6.3.4. If the Seller is unable to deliver the Products at the time specified in the Order due to a circumstance attributable to the Seller, the Seller must inform the Customer thereof without delay by the telephone number or e-mail disclosed to the Seller by the Customer. The Seller and the Customer agree on a new time of delivery. If the Seller and the Customer are unable to agree on a new time of delivery, the Seller and the Customer will consider the sales contract as terminated with regard to the specific Order and the Seller will refund the Customer the entire sum paid for the Order within seven (7) working days as of the date of delivery specified in the Order.

6.3.5. In the event of delivery of alcohol, the courier has the right to request the presentation of an identity document to verify the recipient’s age. If no document is presented, the courier has the right to refuse to hand over the Products.

6.3.6. The risk of the destruction or loss of the Products transfers to the Customer as of the receipt of the Order.

6.3.7. Upon delivery of an Order, the Customer is required to check the conformity of the Products with the waybill right away. The Customer is required to record any non-conformities with the Order (e.g. defective Products or Products in defective packaging, Products not ordered, unsuitable replacement products, etc.) on the waybill retained by the courier and return non-conforming Products to the courier right away. Otherwise the Order is deemed duly completed.

6.3.8. Upon receiving an Order, the Customer has the right to refuse to accept the Products or some of them. Weight-based products can be rejected only on the whole. Upon completely rejecting an Order and/or if, as a result of partial rejection, the price of the Order remains below 40.00 euros, the Seller will have the right to withhold the delivery fee of 5 euros from the Order price refunded to the Customer. The basis for the refund is a respective notation on the waybill. The Order price to be refunded, minus the delivery fee, is refunded to the Customer’s current account within seven (7) working days as of the signing of the waybill that serves as the basis for the refund.

7. WITHDRAWAL FROM THE CONTRACT AND THE RETURNING OF THE PRODUCTS

7.1. The Customer (Consumer) has the right to withdraw from the Contract (reject the Products) within 14 calendar days after the receipt of the Products by sending a complaint by e-mail to info@frenchgourmand.eu.

7.2. The Customer has the right to withdraw from the Contract (return the Products) only where these have not been used or damaged and are in the original packaging.

7.3. Based on the Law of Obligations Act (LOA), the 14-day withdrawal right does not apply to the delivery of:

7.3.1. a thing that gets spoilt or ages fast (including all cooled and frozen Products, i.e. those bearing the marking "Consumable until..." Products);

7.3.2. a thing whose period of use has expired;

7.3.3. other Products specified in subsection 4 of § 53 of the LOA.

7.4. If the Customer has used, spoiled or damaged the Products to be returned, the Seller has the right to refuse to accept the Products.

7.5. If the Customer has withdrawn from the Contract and the returned Products are compliant, the Seller will return the price of the Products to the Customer along with the delivery fee calculated on the Products within seven (7) days after taking the Products back.

8. FILING OF COMPLAINTS

8.1. In the event of non-conformity of the Products with the terms and conditions of the Contract, the Customer has the right to exercise the legal remedies provided by law. If the Seller breaches its obligations, the Customer has the right to demand the performance of the obligations, refuse to perform their own obligation owed, claim damages, reduce the price, charge late interest in the event of an overdue pecuniary obligation or withdraw from the contract.

8.2. The Seller is not liable for the non-conformity of a Product with the terms and conditions of the Contract, which has been caused by the Customer’s act and/or omission, including by the non-purposeful use or improper storage of the Product (failure to adhere to the terms and conditions of storage).

8.3. The time for submitting claims to the goods must be done within 24 hours after the delivery. Subsequent claims will not be satisified.

8.4. A complaint can be sent by e-mail to info@frenchgourmand.eu or by mail to the Seller’s address French Gourmand OÜ, Paavli 1, Tallinn 10412. The complaint must indicate the Customer’s name and contact details, the date of filing the complaint, the Product’s non-conformity and the substance of the claim filed (the Seller’s standard form can be used, which is available in the e-store environment of French Gourmand at frenchgourmand.eu) and it must be accompanied by a document certifying the purchase.

8.5. If in the case of the complaint the Customer does not accept the solution offered by the Seller, the Customer (Consumer) has the right to address the Consumer Protection Board and its Consumer Disputes Committee which is competent to solve consumer-initiated consumer disputes arising from a contract between a consumer and a trader, which the parties have failed to solve by mutual agreement. The rules of procedure are available at www.komisjon.ee. The office of the Consumer Disputes Committee is located at Rahukohtu 2, 10130 Tallinn, tel. 6 201 920, e-mail avaldus@komisjon.ee

8.6. A direct link to an online dispute resolution platform is located here.

9. LIABILITY

9.1. The Seller and the Customer are liable towards one another for damage caused to the other party by a breach of the Terms of Use in the events and to the extent specified in the legislation in force in the Republic of Estonia.

9.2. The Customer is responsible for the correctness of the details given when placing an Order in the e-store of French Gourmand. If the Customer submits incomplete or incorrect details, the Seller is not liable for the consequences thereof and the Seller has the right to demand that the Customer compensate for damage arising therefrom.

10. PRODUCT PACKAGING AND PACKAGING WASTE

10.1. The Customer can take packaging waste to the nearest packaging container of the Estonian Packaging Recovery Organisation (ETO) whose locations can be found here.

10.2. Packaging subject to a deposit can be taken to any store’s collection point.

Revised 25 November 2021