These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
We may provide these Terms in other languages as well as the English version, but the English version will take priority.
Last updated : 6 September 2013
1.1 We operate the website www.bonjourfrenchfood.com. We are Bonjour French Food SARL, a company being registered in France, Paris, and with our registered office at 38 rue Servan 75544 Paris Cedex 11. Our main trading address is 38 rue Servan 75544 Paris Cedex 11. Our VAT number is being registered.
1.2 To contact us, please see our contact page.
2.1 The images of the Products on the Site are for illustrative purposes only. Your Products may vary slightly from those images. Amongst other things, although we have made every efforts to display colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the Products.
2.2 The packaging of the Products may vary from that shown on images on the Site.
2.3 All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available.
2.4 You must be 18 or older to purchase from us. If you order alcohol from us, you need to ensure that a suitable adult aged 18 or over will be there to receive the order.
Some products may contain nuts and/or other ingredients that could be hazardous for some individuals. Please exercise appropriate caution.
4.1 For the steps you need to go on to place an order on the Site, and any geographical or other restrictions on orders (we currently only deliver to certain UK locations), please see the Frequently Asked Questions.
4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5.1 The Site may offer one or more options for subscription arrangements (Subscriptions). These may be on a fixed term basis, in which case advance payment for the entire term will be required, and (subject to the other provisions of these Terms) there is no facility to terminate the Subscription before the full term expires.
5.2 In the case of rolling monthly Subscriptions, we reserve the right to change the monthly price by giving you no less than 30 days' prior notice to the email address you have registered with us. You may cancel a rolling monthly Subscription at any time by giving us written/email notice at least 10 days before your next payment is due to be taken.
6.1 When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders submitted under your password. If you know or suspect that someone else knows your password you must contact us immediately and change your password immediately.
6.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend or cancel your account.
7.1 We may revise these Terms from time to time, for instance to reflect changes in how we accept payment from you, changes in relevant laws and regulatory requirements or changes in our business or Products.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms, we will keep you informed and give you notice of this by stating these Terms have been amended and the relevant date at the top of this page.
8.1 If you are a consumer, you have a legal right to cancel certain Contracts for non-perishable Products under the Consumer Protection (Distance Selling Regulations 2000) at any time until the expiry of the 7th working day after the date of delivery of the Products (or of the first Product(s) delivery in the case of a Subscription). Advice about your legal rights to cancel under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office. The cancellation right does not apply in the case of any products made to your specification or clearly personalised or in respect of Products or Subscriptions that include perishable goods such as Saucisson.
8.2 To exercise this cancellation right, where applicable, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org or by sending a letter to BONJOUR FRENCH FOOD, 38 rue Servan 75544 Paris Cedex 11. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.3 You will receive a full refund, on the credit card or debit card you used to pay, of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described above.
8.4 You must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.5 Where applicable, details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.6 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Please see our FAQs for more information about delivery and delivery options.
9.2 Where you have selected delivery to your address, delivery will be completed when we deliver the Products to the address you gave us. Otherwise, delivery is complete when you collect the Products from one of the collection points.
9.3 If no one is available to take delivery at your address when we attempt delivery, we will use reasonable efforts to comply with any reasonable requests you gave us in connection with this eventuality (for instance delivery to a neighbour) and if we are able to comply then that will count as completion of delivery. If we are unable to comply, or if no request had been made or if delivery fails because you gave incorrect address details, the Products will be taken to one of the collection points, and you will need to go there to collect them. Products will not be re-sent or re-delivered in these circumstances.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9.6 We reserve the right not to deliver to all locations. We also reserve the right not to accept orders from any customer. Our collection points may change from time to time, including potentially between the date of your order and the date of delivery. If your collection point ceases to be available for collections, we will seek where reasonably possible to provide a suitable new collection point within a reasonable distance.
10.1 The prices of the Products as quoted on the Site may change from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. However if we discover an error in the price of Product(s) you ordered, we will inform you and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable (whether in the UK, in France or elsewhere as applicable) for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 Except in the case of Subscriptions, and unless otherwise stated, the price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site from time to time. To check relevant delivery charges, please refer to our FAQs page.
11.2 We reserve the right to suspend deliveries to you, suspend your ability to change or add to orders on the Site and/or terminate our Contract with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your Contract with us as set out in these Terms.
12.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage are foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 We do not in any way exclude or limit our liability (if any) for :
(a) death or personal injury caused by our negligence ;
(b) fraud or fraudulent misrepresentation ;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) ;
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) ; and
(e) defective products under the Consumer Protection Act 1987.
However, note that we are not typically the producer or manufacturer of the Products we supply, nor their importer into the European Union. Accordingly, where applicable you should seek legal recourse against those entities in accordance with their legal duties and liabilities.
12.5 Subject to the above, our entire liability in connection with the Contract will not exceed the purchase price of the relevant Products.
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract then (a) we will contact you as soon as reasonably possible to notify you ; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.1 We make no promise that the Site services will meet all your requirements and we cannot guarantee that the service will be fault free. If a fault occurs, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
14.2 The Site has been optimised for access from desktop and laptop computers. Some or all of its functionality may be unavailable or impaired when accessing using smartphones or other devices.
14.3 Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Site is unavailable, our usual order and cancellation deadlines apply ; please notify us of changes to your order via email email@example.com .
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms are governed by English law. This means a Contract for the purchase of Products through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.