Terms and Conditions of Sale
Preamble
Site ownership: the site https://www.forest-grill.com/fr/ is the property of the company VERYCOOK SAS in its entirety, as well as all associated rights. Any reproduction, whether in whole or in part, is prohibited unless expressly authorised in advance by https://www.forest-grill.com/fr/.
Head office VERYCOOK SAS for Forest Grill: 7 rue des Platriers 69009 Lyon FRANCE
Establishment VERYCOOK SAS for Forest Grill: 7 rue des Platriers 69009 Lyon FRANCE
Logistics VERYCOOK SAS for Forest Grill: LDPI Logistics for Forest Grill - 5 Chemin de Malatrait 38290 LA VERPILLIERE FRANCE
1. Acceptance of the general terms and conditions of sale
The customer acknowledges having read, prior to placing the order, the general terms and conditions of sale set out on this screen and expressly declares acceptance thereof without reservation. These general terms and conditions of sale govern the contractual relationship between Verycook SAS and its customer. They shall prevail over any other conditions appearing in any other document, except in the case of a prior, express and written waiver by Verycook SAS.
These general terms and conditions of sale may be modified at any time by https://www.forest-grill.com/fr/, without prior notice. The applicable conditions will be those in force on the website at the time the order is confirmed.
2. Order
Automatic recording systems are considered as proof of the nature and content of the order.https://www.forest-grill.com/fr/confirms acceptance of the order to the customer at the email address provided by the latter. The sale will be concluded from the moment of validation byhttps://www.forest-grill.com/fr/from the payment of the order, that is to say, from the date of payment validation for orders paid online by bank card or from the date of receipt of payment by bank transfer or cheque.https://www.forest-grill.com/fr/may refuse or cancel an order for legitimate reasons (e.g. suspicion of fraud, non-payment, obvious pricing error, unresolved out-of-stock), after informing the customer and, where applicable, providing a full refund of any amounts paid. These provisions do not deprive the consumer of their legal rights to terminate in the event of a breach by the professional.
3. Price and payment
The price is expressed in Euros and inclusive of all taxes.
The price indicated in the order confirmation is the final price, expressed inclusive of all taxes and including VAT for France and EEC countries. This price includes the cost of the products, handling, packaging and storage fees, transport, insurance and commissioning costs.
The price is payable in full on the day the order is confirmed. Delivery charges and any possible surcharges (e.g. for difficult-to-access areas) are indicated before the order is validated. Applicable taxes/environmental contributions are specified where appropriate.
Payment is made as follows:
> By bank card bearing the CB logo, online. E-transactions enables you to pay via a Crédit Agricole banking server in a secure environment. Your bank card number is therefore directed to the bank's servers, your payment is made directly to a bank in a secure environment without passing through the shop's server, which is an even greater guarantee as your numbers are known only to our banking partner (Crédit Agricole).
The order will be automatically cancelled and the client notified by email in the event that the relevant banking payment centres have refused to give their approval. https://www.forest-grill.com/fr/ has implemented a procedure for verification and for requesting additional information from the client, intended to ensure that the user of the bank card is its rightful holder. The implementation of this procedure, which shall not be considered a guarantee against any fraudulent use of a bank card nor incur the liability of kokko.net, delays the validation of the payment until the verification procedure is completed. It may result in the cancellation of the order.
> By cheque: Cheques should be made payable to Verycook SAS and sent to the following address:
Forest Grill at VERYCOOK SAS
7 rue des Platriers
69009 LYON
FRANCE
Payments made shall not be considered as deposits.
4. Retention of Title Clause
By express agreement, and in accordance with articles L.216-1 et seq. and L.221-15 of the Consumer Code, the products ordered remain the property of Verycook SAS until full payment of their price by the customer. In the event of non-fulfilment of their obligations by the customer, whatever the cause, Verycook SAS shall be entitled to demand the immediate return of the products at the customer's expense, risk and peril.
5. Product availability and shipping
All the timeframes announced on the site https://www.forest-grill.com/fr/ are expressed in working days (excluding Saturdays, Sundays, and public holidays). Each product sheet indicates:
> Or the presence in stock of the product concerned: the indication "in stock" corresponds to the stock status at https://www.forest-grill.com/fr/ at the time of the order.
> Either an availability period: the availability period corresponds to the restocking time at https://www.forest-grill.com/fr/.
In general, orders are processed after payment has been validated when they are paid online by bank card or via Paypal, upon receipt by https://www.forest-grill.com/fr/ of the payment when the customer has chosen payment by bank transfer or cheque. The indications "in stock" and the availability times may vary between the date of the order and, as the case may be, the date of validation of the payment by bank card / Paypal or the date of receipt of the transfer or cheque. The availability times may also be modified at the initiative of the supplier and/or manufacturer.
In the event of product unavailability:
> Permanent unavailability: https://www.forest-grill.com/fr/ undertakes to offer the customer replacement products or to refund the missing items, without delay and at the latest within 14 days in accordance with articles L.216-1 et seq. and L.221-15 of the Consumer Code.
> Temporary unavailability: https://www.forest-grill.com/fr/ informs the customer of the date on which the product will be available again. The customer then has the option to maintain their order with these new timeframes, to modify it, or to cancel it. In the latter case, https://www.forest-grill.com/fr/ undertakes to refund the missing items without delay and at the latest within 14 days in accordance with articles L.216-1 et seq. and L.221-15 of the Consumer Code. Shipments to the French overseas departments and territories will be made subject to acceptance of the parcel in the hold.
6. Delivery
The delivery of orders is carried out by service providers independent of the company https://www.forest-grill.com/fr/ and within the timeframes announced by these service providers. The timeframes announced by these providers are usually 24-48 hours for GLS and 3-4 days for DB SCHENKER.
To report to https://www.forest-grill.com/fr/ for any delivery-related difficulty, the client has free online order tracking, accessible via the order details.
For deliveries outside mainland France, the client undertakes to pay all taxes due on the importation of products, customs duties, value added tax, and any other taxes due under the laws of the country where the order is received. All orders placed with https://www.forest-grill.com/fr/ are intended for the personal use of clients; clients or recipients of the products are strictly prohibited from any partial or total resale of the products. https://www.forest-grill.com/fr/ cannot be held responsible for the failure to pay taxes for which the client is liable.
In mainland France, delivery will be carried out by GLS or Schenker with a parcel tracking link.
Regardless of the place of delivery, it is carried out within the time slot agreed with the client by handing the product directly to the designated recipient, or, in the event of absence, to another person authorised for this purpose by the client. If no recipient is present, the carrier and/or https://www.forest-grill.com/fr/. The client is required to check the condition of the products upon receipt. In the event of damage, they must state their reservations precisely on the delivery note. Upon delivery, we invite you to inspect the parcel and, if necessary, to make reservations with the carrier. The absence of reservations does not affect your statutory rights under the two-year conformity guarantee. Please report any defect to us within a reasonable period after discovery
https://www.forest-grill.com/fr/ shall, in any event, be released from its obligation to deliver in the event of:
> In the event of force majeure preventing delivery, either party may request the termination of the contract; the client will be reimbursed for any amounts paid,
> Failure by the client to fulfil any of their obligations (payment of the price, accuracy of information provided by the client such as the delivery address, etc.)
7. Warranty
In addition to the statutory warranties (see box “Statutory warranties”), certain products benefit from a commercial warranty from the manufacturer/Verycook (duration indicated on the product sheet). This commercial warranty is in addition to your legal rights and in no way restricts them.
All returns must be preceded by the prior agreement of https://www.forest-grill.com/fr/ and the assignment of a return number. Returns must be sent to:
LDPI Logistics for Forest Grill
5 Chemin de Malatrait
38290 LA VERPILLIERE
FRANCE
In the absence of prior agreement, allocation of a return number, or in the event of dispatch to any other address of https://www.forest-grill.com/fr/, the goods will be returned to the customer carriage forward. To minimise risk, we recommend suitable packaging (ideally the original packaging). The absence of original packaging does not prevent the exercise of legal rights
In any event, the customer benefits from the statutory warranty against hidden defects (Art. 1626 et seq. of the Civil Code). Provided the buyer can prove the hidden defect, the seller is legally obliged to remedy all its consequences (art. 1641 et seq. of the Civil Code).
The following are excluded from all warranties:
1. Uses and maintenance not in accordance with the instructions supplied with the product, as well as faults in use or maintenance.
2. Damage resulting from incorrect handling, connection (whether carried out with original accessories or with other accessories substituted by the customer), abusive or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes.
3. Spare parts or accessories whose replacement is due to normal wear and tear, or to routine maintenance operations: bulbs, batteries, seals, etc.
4. Damage caused by an external event (lightning, water damage, etc.).
5. Any interventions carried out on the appliance by anyone not authorised by the After-Sales Service, as well as malfunctions and damage resulting from such intervention.
Statutory warranties (independent of any commercial warranty)
Legal guarantee of conformity (Consumer Code art. L.217-3 to L.217-32):
– You have a period of two years from the delivery of the item to invoke the legal guarantee of conformity in the event of a lack of conformity.
– During this period, you are only required to prove the existence of the defect.
– You are entitled to repair or replacement of the item within 30 days, free of charge and without major inconvenience.
– In the event of repair, the warranty is extended by 6 months; if you have requested repair and the seller imposes replacement, the warranty is renewed for 2 years from the date of replacement.
– You may obtain a price reduction or cancellation of the contract in the cases provided for by law.
– Any period during which the product is out of use suspends the remaining warranty.
Warranty against hidden defects (Civil Code art. 1641 to 1649): you may take action within 2 years from the discovery of the defect to obtain a refund or a price reduction.
8. Limitation of liability
We take the utmost care in publishing product information and descriptions (texts, photographs, prices). Despite all our vigilance, minor errors may occur.
Any such variations do not affect the essential characteristics of the products.
In any case, nothing in these terms shall exclude or limit your statutory rights, nor our liability:
- in the event of non-conformity or hidden defect of the product,
- in the event of gross negligence or wilful misconduct on our part,
- or in the event of personal injury caused by a defective product.
9. Withdrawal
In accordance with Articles L.221-18 to L.221-28, you have a period of 14 days from receipt to exercise your right of withdrawal, without having to justify your decision.
To exercise this right: contact us (details below) or use the standard withdrawal form (see end of the Terms and Conditions).
You must return the products within 14 days of your withdrawal notification. Return costs may remain at your expense, unless otherwise indicated.
You are only liable for any depreciation resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the item.
We will refund all payments received, including standard delivery charges, no later than 14 days from your notification, and may defer the refund until the item is recovered or proof of dispatch is provided. The refund will be made via the same payment method as originally used.
Exceptions: the cases strictly provided for in Article L.221-28.
Return address:
LDPI Logistics for Forest Grill
5 Chemin de Malatrait
38290 LA VERPILLIERE
FRANCE
10. Legal information
The personal information collected as part of orders is necessary for their processing and follow-up, as well as for the preparation of invoices and guarantees.
They are processed by Verycook SAS in accordance with Regulation (EU) 2016/679 known as GDPR and the amended Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms.
You have the following rights regarding your personal data at any time:
- right of access,
- right to rectification,
- right to erasure,
- right to object to and restrict processing,
- right to data portability,
- right to define instructions regarding the fate of your data after your death.
These rights may be exercised by contacting us at the following address: contact@forest-grill.com or by post to Verycook SAS – 7 rue des Platriers, 69009 Lyon, France.
For more information on how your data is managed, you can consult our Privacy Policy available on the website.
You also have the right to lodge a complaint with the CNIL
11. Commitment to data protection
In accordance with the provisions of Law No. 98-536 of 1 July 1998, transposing into the Intellectual Property Code Directive 96/9/EC of 11 March 1996, concerning the legal protection of databases,https://www.forest-grill.com/fr/is the producer and owner of all or part of the databases comprising this site. By accessing this site, the client acknowledges that the data it contains is legally protected, and, in accordance with the provisions of the aforementioned law of 1 July 1998, expressly refrains from extracting, reusing, storing, reproducing, representing or retaining, directly or indirectly, on any type of medium, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the content of the databases featured on the site to which they have access.
12. Applicable law
This contract is subject to French law.
13. Consumer mediation
In accordance with Article L.612-1 of the Consumer Code concerning "the consumer dispute mediation process", after contacting us and in the absence of a satisfactory response, you have the option to use a consumer mediation procedure free of charge with:
CM2C
49 rue de Ponthieu
75008 PARIS
France
Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
The consumer may also use the European online dispute resolution (ODR) platform, accessible at the following address: https://ec.europa.eu/consumers/odr/
Model withdrawal form
(To be completed and returned only if you wish to withdraw from the contract)
For the attention of:
VERYCOOK SAS – Customer Service
7 rue des Platriers – 69009 Lyon – France
Email: contact@forest-grill.com
I hereby notify you of my withdrawal from the contract relating to the sale of the goods / for the provision of the service below:
- Ordered on () / received on (): ………………………………
- Name of consumer(s): ………………………………
- Address of consumer(s): ………………………………
- Signature of consumer(s) (only if this form is notified on paper): ………………………………
- Date: ………………………………
(*) Delete as appropriate.