General Terms and Conditions of Sale FourniResto.com
Company Information:
Name: Impex Food SAS
Registered Office: 116 AVENUE DE LA ROUBINE 06150 Cannes
APE Code: 4669 C SIRET No. 75332291600036
VAT number: FR01753322916
Who our website is for
You are typically a professional or a community entity operating in the restaurant industry. By placing an order on our website or by phone with our customer service, you acknowledge knowing and accepting, under these general terms and conditions of sale.
The general terms and conditions of sale define the following points:
Any order you place on our website will be subject to these general terms and conditions of sale as well as to the specific conditions governing the purchase of certain associated services. These GTCS aim to define the sales regime and the rights and obligations arising therefrom. We inform you that, to the extent that you order products online, your agreement regarding the content of these general terms and conditions of sale does not require a handwritten signature. We invite you to acquaint yourself with the version in force on the day of your order. To this end, you have the option to download these general terms and conditions of sale.
Your customer account:
To place an order, you will be asked to provide a certain amount of information necessary for your identification and the delivery of your order. We therefore ask you to fill in the fields provided for this purpose accurately and honestly.
Article 1. OUR OFFER
Product Information:
The information provided on the product sheets and on the website comes from the information provided by the manufacturers and suppliers. They are reproduced with their agreement and may be subject to change without notice by them. The product photos on our website are not contractual and may be subject to modification depending on changes made by the manufacturers.
Product availability:
The products and prices displayed on our website are valid as long as they are available on the website and within the limits of available stocks.
Prices:
Prices are displayed Excluding Taxes and Including Taxes. Delivery and installation fees may apply, they will be displayed on the product sheet and when validating your order before payment. All other indirect costs such as: costs related to connection, compliance with your installation, delivery to floors are not included in the prices displayed.
Article 2. PAYMENT METHODS
The available payment methods are as follows: Credit Card, Paypal and Paypal 4x, Check, Bank Transfer and Administrative Order. Checks must be issued by a bank domiciled in metropolitan France and a copy of the corresponding identity document must be attached. Orders will be validated upon receipt of your payment, which will be cashed immediately. Shipping times start from the effective receipt of your payment.
It is expressly agreed that IMPEX FOOD reserves full ownership of the goods delivered until full payment of the principal price of the goods, interest, and all ancillary costs. Consequently, IMPEX FOOD may demand by registered letter the return at the customer's risk and expense of the products delivered and not paid for.
Article 3. DELIVERY
Mode of transport:
The available modes of transport are indicated on each product sheet and when ordering before proceeding to payment. IMPEX FOOD reserves the right to choose the most suitable carrier in terms of timing, availability, and feasibility for the transport of the customer's order. Products are delivered to the address indicated when placing the order. Our deliveries are all "doorstep" deliveries, meaning they are made at the bottom of your building or at the entrance of your home. You must therefore make arrangements to receive your package and transport it by your own means. Remember to take measurements of your doors, stairs, and elevators, as this will be useful on D-day. In the event that you wish to have the ordered products delivered to another country, a quote will be provided upon request to customer service. Deliveries are made from Monday to Friday without confirmation of a fixed time. Some carriers may deliver on Saturdays, but not all delivery areas will be covered.
Delivery time:
Delivery times are given as an indication. They depend on the mode of transport chosen when placing your order. The deadline for delivery of your order will be communicated to you on the website before confirming your order. A delivery delay cannot in any case give rise to the allocation of damages and interest or any other compensation, nor to the cancellation of the order if it has already been shipped.
If you refuse the merchandise that arrives at your home because you do not accept the delivery time, your file will be treated as a retraction.
Delivery delay:
IMPEX FOOD makes every effort to meet the delivery times mentioned when registering your order. However, in case of non-receipt of a package within the indicated deadlines, the customer is invited to report it to customer service so that an investigation can be conducted, which may take several days.
In any event, in the event of a delivery delay not due to force majeure, you have the option of canceling your order by registered letter with acknowledgment of receipt or with our customer service, if it has not yet been shipped. We undertake to refund you the amounts paid as soon as possible and at the latest within 14 days following your request.
Delivery fees:
Delivery fees depend on the delivery method chosen by the Customer and are calculated on the total order amount. They will be indicated to the customer at the end of their order before confirmation of it. These fees are for a "doorstep" delivery and on the ground floor. Any unusual constraints, such as, without being exhaustive, impossibility of delivery by heavy goods vehicle or semi-trailer (in the case of products delivered on pallets), restriction of delivery times or days, difficult access, etc., may be subject to invoicing by the carrier, which will be invoiced to the customer. To avoid this, all precautions must be taken with customer service, by telephone or email before placing the order to assess these costs in advance of the order.
Receipt of goods:
Before validating the delivery note in the presence of the driver, you must ensure that your items are in perfect condition.
To do this, unpack the packages in front of the driver for a very thorough check of the inside of the carton. The mentions "Subject to" or "Subject to Unpacking" no longer have any value in front of carriers, and no claim will be accepted if the delivery note does not precisely detail any damage.
In the event of damage, missing packages compared to the delivery note, damaged packages, broken products, or incorrect reference.
1 - Immediately detail the problem on the transport document.
2 - Have the driver sign it.
3 - Take a photo of the damaged product and ideally the issued reserves.
3 - Refuse delivery.
4 - Contact us and send us a duplicate by mail and email of the delivery note.
In the event that the driver does not wait for unpacking, please note it on the delivery note. It is essential that you keep the items as you received them. Document with photos and precise descriptions to facilitate the dispute file if necessary.
You have 48 hours from delivery to declare the dispute on your customer area, otherwise, we will not be able to consider your claim.
Suffering notice:
In the event that we receive a suffering notice from the carrier (lack of information for delivery, customer not present, store closed, etc.) during the routing of your package, our customer service must contact you by email and phone. Without your response within the time limits indicated in the message from our customer service, the package will be returned to the sender.
You will have two options after the return of your package:
- Re-shipment of your package: in this case, we will invoice you for the return costs to be able to resend your package.
- Refund of your order: In this case, we will deduct the return costs from your refund.
In the event of a lost package, our customer service will ask you to complete a non-receipt certificate. You will also be asked for a photocopy of your identity card in order to open a dispute file with our carrier.
Without these elements, we will not be able to process your request.
Article 4. WITHDRAWAL
Deadline:
If the products do not suit you, IMPEX FOOD grants you a withdrawal period of 14 working days to return, at your expense, the products that do not suit you. This period starts from the date of receipt of the goods. This right of withdrawal can be exercised if the product is in perfect condition for resale, meaning it is complete, unused, and undamaged. The same deadline applies for sales by telephone or by mail. The 14-day period is the legal deadline for individual customers, starting from the day of receipt of your order. We also apply this withdrawal period to our professional customers.
- This right of withdrawal does not apply in the case of payment for the order by leasing or financing. Indeed, this financing has an irrevocable nature, incompatible with a withdrawal period.
- This right of withdrawal does not apply to custom-made or highly personalized products as specified in Article L121-21-8 of the Consumer Code.
Refund:
It is imperative to notify our customer service of your return; any item received without prior notice will be refused.
IMPEX FOOD undertakes to refund you, via the payment method initially used, for the products returned within a maximum period of 14 days from the receipt of the products or their proof of shipment.
Return costs remain at your expense, and delivery costs will not be refunded.
Return of products:
During the return, we ask you to:
- Pack your device with all accessories, utensils, and instructions in its original packaging.
- Overwrap the original packaging so that it does not suffer any damage due to labels or transport in general.
- Attach a copy of the invoice.
- Return the product to the address we will provide, declaring its value.
Return Risks:
We specifically draw your attention to the fact that in the absence of a prepaid label, you must return the product:
- Declaring the value of the product as shown on the purchase invoice.
- Ensuring perfect insurance coverage for return risks, in line with the purchase invoice.
Indeed, in the event of return at your expense and without additional insurance, you are informed that the carrier will only compensate you up to the legal rate. Therefore, in the absence of insurance taken out by you, you will be reimbursed up to 32 euros per kilo.
Product Condition
This right of withdrawal can be exercised if the product is in perfect condition for resale, meaning it is complete, unused, and undamaged. Any use, even brief or partial, prevents the return of the equipment.
We will not be able to proceed with the refund if we find:
- Partial or total lack of accessories
- That the product has been used
In this case, we will offer you to either send us the missing accessories to complete the product or to send you back the product.
Finally, if we find that the product is damaged upon arrival of the carrier, we will issue reserves and refuse the product.
You will then have to open a dispute with the carrier you selected to resend your package.
Concerned Products
This right of withdrawal applies to all products even if the product is on sale or clearance. However, for reasons of hygiene and safety, consumable products, such as laundry products, food products, spare parts, or perishable products, are not covered by this right of withdrawal.
Withdrawal Decision
Here's how to proceed with the return request for your product:
- Once logged into your customer account, go to "My Account"
- Then click on "Order History and Details"
- Click on "Details"
- Follow step by step the instructions under "Return Merchandise" to send us your request
- Send a photo of the item by email
Upon receipt, our services will respond to you as soon as possible.
Article 5. PRODUCT WARRANTIES
IMPEX FOOD Warranty:
Products sold by IMPEX FOOD are guaranteed as follows:
New items powered electrically or by gas: 12-month warranty on parts provided that the product has been installed by a technician. The applicable contractual warranty is limited to the manufacturer's commitments. Some devices are not guaranteed when used under intensive conditions. It is up to the customer to refer to the manual and manufacturer's instructions to ensure that the device is used in conditions suitable for its purpose. The purchase invoice serves, except in exceptional cases, as a warranty voucher for IMPEX FOOD in favor of the customer.
Products from the Polar brand benefit from an exceptional warranty of 24 months on parts. This warranty applies within the limits of the manufacturer's commitments. Some products are not guaranteed when used under inappropriate conditions. It is up to the customer to refer to the manual and manufacturer's instructions to ensure that the device is used in conditions suitable for its purpose. The purchase invoice serves, except in exceptional cases, as a warranty voucher for IMPEX FOOD in favor of the customer.
Refurbished or second-hand items:
Minimum warranty of 3 months unless otherwise stated on the product sheet at the time of purchase. The conditions for applying this warranty are the same as for the 12-month warranty except for the duration.
Spare Parts: Spare parts are not guaranteed.
The Contractual Warranty:
All new devices are covered by a twelve-month warranty (subject to conditions). The contractual warranty applicable to products sold by IMPEX FOOD is limited to the manufacturer's commitments. Some devices are not guaranteed when used under intensive conditions. It is up to the customer to refer to the manual and manufacturer's instructions to ensure that the device is used in conditions suitable for its purpose. The purchase invoice serves, except in exceptional cases, as a warranty voucher for IMPEX FOOD in favor of the customer.
IN CASE OF BREAKDOWN:
Contact our after-sales service by email, using our online form.
In order to properly process your file and minimize processing time, our customer service may request a number of essential items: Photo of the nameplate (serial number), photo of the product, and/or video (to facilitate identification of the breakdown).
Without these elements, we will not be able to process the file properly.
Please note that this warranty claim is valid only for a period of 7 days from the request and the opening of the file. Beyond this date, please contact us to open a new file.
Place of Application:
The warranty and sending of parts apply to the place of delivery of the products only.
Exclusion Clauses:
The IMPEX FOOD warranty does not apply to the repair of damage resulting from:
- External cause to the device, improper use, installation, or connection not in accordance with the manufacturer's instructions and notices or not carried out by a professional technician (an intervention invoice will be required) or use contrary to the proper functioning of the device: for example, use of unsuitable products for cleaning, operating temperature, or any use other than that intended by the manufacturer. All parts in contact with the user such as glass, taps, handles, knobs, switches, or wear parts are not covered by the warranty. Corrosion marks on stainless steel furniture and equipment observed more than 7 days after the delivery date will be deemed to be related to the inappropriate use of said equipment (products, sea air, salt, etc.).
Responsibility:
IMPEX FOOD's liability cannot be engaged for any material or immaterial and/or indirect damages such as loss of use, loss of data, loss of goods, loss of business (revenue, profit...), and/or immobilization of a product and any other costs or expenses resulting from a defect thereof. It is reminded that the company IMPEX FOOD cannot be held responsible in the event of refusal by the manufacturer to apply its warranty for legitimate reasons, as outlined above.
For resellers: The warranty granted is limited to the replacement of defective parts for 12 months.
Finally, in the event of a false breakdown, we will be required to invoice the technician's travel expenses in the amount of 90 € excluding tax. We mean by false breakdown any malfunction resulting from incorrect electrical connection, water connection, or misunderstanding of the use of a device. Improper use, lack of maintenance, or use other than that initially intended by the manufacturer of the device also fall within the cases of false breakdown or non-warranty coverage.
Article 6. PROVISIONS RELATING TO EQUIPMENT
Electrical and electronic equipment:
In accordance with Article 18 of Decree No. 2005-829 of July 20, 2005, your attention should be drawn to the fact that the purchase of professional electrical and electronic equipment imposes on the user the duty to organize and finance the removal and treatment of waste.
The buyer must therefore ensure collection and treatment in accordance with the modalities defined in Article 21 of the decree and especially guarantee the transmission of its information to all successive users of said equipment. The legislator has supplemented these duties with a criminal fine in Article 25.
Article 7. DISPUTES
This contract is subject to French law. IMPEX FOOD cannot be held responsible for the non-performance of the contract concluded in case of force majeure as defined by the courts; in case of fault by the Customer or the unforeseeable and insurmountable act of a third party to the contract.
As the sender of parcels, we take out insurance with the various carriers we use.
This insurance entitles our customers to report a problem with their product upon delivery or to refuse a damaged parcel.
In this case, we immediately refund our customers or resend a new parcel if the customer wishes.
The only condition for applying this insurance is that the recipient checks the parcel in the presence of the driver. Without this verification, the carrier's liability is waived, and the insurance no longer applies.
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
Article 8. CONSUMER DISPUTE MEDIATION
In accordance with the provisions of the Consumer Code concerning "the consumer dispute mediation process," the customer has the right to use the free mediation service offered by IMPEX FOOD SAS. The Customer who has made a purchase on the Site can therefore file a complaint:
- Electronically www.cm2c.net, by providing the following SIRET number: 75332291600036, or
- By post: CM2C, 14 rue Saint Jean, 75017 Paris The solution proposed by the mediator is not binding on the parties, who remain free at any time to withdraw from the mediation process. In accordance with Article L 612-2 of the Consumer Code, one of the prerequisites for the mediator to examine the dispute is as follows: the consumer must justify having previously attempted to resolve his dispute with the Seller. The deadline for the Customer to refer the dispute to the mediator is 12 months from the date of the written complaint made to the Seller.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Cannes (06) France.