The present Conditions of Online Sales (hereinafter referred to as “Terms and Conditions”) exclusively concern the sales of products (non-food products, and food products) present on the website www.leofresh.com.
They govern the contractual relationship between Leofresh Company, a limited liability company with a capital of € 120 000, whose head office is located at 56 rue de Sèvres, 75007 Paris, registered at the RCS of Paris under the number 483 266 896 (hereinafter referred to as “Leofresh” or “Leofresh Rungis”)online purchases of products available on the www.leofresh.com website (hereinafter respectively referred to as the “Products” and the “Website”).
These Terms and Conditions are the basis of the commercial negotiation and are systematically accessible by each buyer (hereinafter referred to as the “Customer” or “Leofresh Customer”) to enable him to place an order.
The fact that Leofresh Rungis does not take advantage at a given time of any of the Terms and Conditions cannot be interpreted as a waiver of the right to take advantage at a later date of any of the said conditions.
Leofresh reminds that its Website is exclusively reserved for professionals, in the sense of the preliminary article of the French Code of consumption. Thus, only natural persons of legal age or legal entities acting for purposes related to their commercial, industrial, artisanal, liberal or agricultural activity are authorized to order Products from Leofresh on the Website.The Terms and Conditions are subject to change at any time by Leofresh.
Leofresh offers its Customers, making purchases directly related to their professional activity, an online shopping service, via the Website, for non-food and food products.
the Products available for sale on the Website are subject to these Special Conditions.
Any Leofresh customer, holder of a customer account with Leofresh, can benefit from this online service.
Product orders must be placed by the Leofresh on the Website.
In general, the Leofresh Customer is responsible for all online purchases made through their Leofresh Internet account.
In a case of multiple user for a Customer account, only the Customer admin user will be able to finalize and confirm an order.
An order number will be allocated to the Leofresh website once the order has been duly validated and terms payment has been accepted.
A “Your order is confirmed” message will appear on the Customer’s screen and an order confirmation will be sent to the Customer by email with the order number.
In the event that payment for the order is refused, the order will be cancelled and the Customer will be notified by e-mail.
Order will cancel in the above cases:
The Customer’s order is final. The Customer has no right of retraction or cancellation of the order, except with the prior explicit and exceptional agreement of Leofresh.
The Customer won’t be able to cancel an order if there is less than 24 hours between order confirmation and Supply.
In any other case a client will be able to cancel an order within 24 hours.
Product offers are valid as long as they are visible on the website, and available on the market.
A Products availability is pending on seasonal, weather condition and arrivals.
If some or all of the Products ordered are unavailable, and/or if there is an incident relating to the order placed by the Customer, Leofresh Rungis will contact the Customer by telephone or by e-mail.
On the website, a dedicated order tracking area allows Leofresh Rungis customers to follow the progress of their order at any time.
In the event of the unavailability of all or part of the Products ordered, the Leofresh Rungis Customer will be able to cancel all or part of the unavailable order, subject to prior written confirmation from Leofresh Rungis.
In any event, no modification of the order (other than in the event of unavailability of Products) will be accepted unless expressly agreed in advance by Leofresh Rungis.
Order Cancelation: it is specified that these delivery times and product availability are given as an indication. They do not constitute a firm commitment on the part of Leofresh Rungis. No compensation of any kind whatsoever may be claimed by the Customer in the event of the unavailability of one or more products or a delay in the delivery of the order.
4.2.1 Risks and guarantees
Whatever the method, (i) Products it belongs to the Customer in case of damage or missing to make all necessary observations and to confirm its reserves by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier in the day of the reception of the products; and (ii) without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or the non-conformity of the product delivered with the product ordered or with the dispatch note, must be made in writing within 1 day of the arrival of the Products. We will need picture of the product and the label on it.
It is up to the Customer to provide any justification as to the reality of the defects or anomalies found. The Customer must allow Leofresh every facility to proceed with the observation of these defects and to remedy them. He shall refrain from intervening himself or having a third party intervene for this purpose. For Products sold in packages, the weights and measures at the time of delivery shall be taken as proof of the quantities delivered. The quantity tolerances affecting the delivery shall be plus or minus 10% calculated on the basis of the number of units indicated in the order.
Concerning Delivery, Leofresh Rungis applies Incoterms® 2020.
For that matter, each order purchase must specify which Incoterms® 2020 rules to apply to their contract, through words such as “[the chosen Incoterms® rule] [named port, place or point] Incoterms® 2020”. Thus, for example, CIF Shanghai Incoterms® 2020, or DAP No 123, ABC Street, Importland Incoterms® 2020.
Leofresh Rungis only offers its Customers the following delivery and pick-up terms and conditions under the conditions below:
EX WORKS: Leofresh Rungis must deliver the Products by placing them at the disposal of the Customer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. If no specific point has been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. Leofresh must deliver the Products on the agreed date or within the agreed period .FOB – Free on board: means that Leofresh Rungis delivers the Products to the Customer on board the vessel nominated by the Customer at the named port of shipment or procures the goods already so delivered.
The risk of loss of or damage to the Products transfers when the Products are on board the vessel, and the Customer bears all costs from that moment onwards. [LI1]
CIF: “Cost Insurance and Freight” [LI2] means that Leofresh Rungis delivers the Products to the Customer on board the vessel or procures the Products already so delivered.
The risk of loss of or damage to the Products transfers when the Products are on board the vessel, such that the seller is taken to have performed its obligation to deliver the Products whether or not the goods actually arrive at their destination in sound condition, in the stated quantity or, indeed, at all.
DAP – Delivered At Place : Products are considered delivered when they are made available to the Customer at destination on the arriving means of transport, without being unloaded. According to this rule, Leofresh Rungis is responsible for the transportation of the goods to the agreed delivery point in the country of destination.
Thus, unless the contract of carriage provides otherwise, the buyer is responsible for customs formalities, payment of duties and taxes due on account of the import and unloading of the goods at destination.
DPU – Delivered at Place Unloaded : the Products are considered delivered when they are unloaded from the means of transport and placed at the disposal of the Customer at the agreed destination (terminal or other). Delivery and arrival at destination occur at the same point. [LI3]
DDP – Delivered Duty Paid : the Products are delivered customs cleared, ready to be unloaded at the place of destination.
Only the costs of insurance and unloading at destination are to be borne by the Customer.[LI4]
The Product prices are indicated in euros, excluding tax. They can be consulted on the Website. These are guaranteed except when subject to obvious material errors (typographical or printing errors).
Leofresh reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in force at the time of order confirmation by the Customer, and subject to availability.
In the event that a price be clearly incorrectly displayed, whatever the reason (computer virus, manual error, technical error), the order for the product concerned will be cancelled. Leofresh Rungis will inform the Customer as soon as possible. The Customer will be able, if he wishes, to reorder at the corrected and exact price.
The Customer will be invoiced for the total price (product price; delivery costs; additional costs possibly chosen by the Customer) mentioned in the order summary. The invoice will be given to the Customer by Leofresh Rungis on delivery day to logistic third party of the order to the Customer’s billing address.
According to the terms of payment defined by Leofresh accounting office. Leofresh Rungis will send the Customer an email confirming the order.
Any transfer costs are payable by the Customer.
Any re-found of Product must be the subject of a formal agreement between Leofresh and the Customer. Any Product returned without this agreement will be held at the disposal of the Customer and will not give rise to the establishment of a credit note. The costs and risks of the return are always at the Customer’s expense.
No refounds will be accepted after a period of a week following the delivery date.
Any refound accepted by Leofresh will lead to the establishment of a credit note to the benefit of the Customer, after qualitative and quantitative verification of the refoundeded products; returns not complying with the above procedure will be sanctioned by the loss for the Customer of the deposits he has paid.
In the event of apparent defect or non-conformity of the delivered Products, duly noted by Leofresh in the conditions provided for above, the Customer will be able to obtain the free replacement, or the refunding of the products with the choice of Leofresh, with the exclusion of any allowance or damages.
Leofresh Rungis offers its customers the possibility to register/save one or more means of payment (i.e. their bank details) in a secure manner, in order to pay for future purchases more easily and quickly on the website.
To do so, the Customer must :
– pay for his last purchase by credit card on the website. On this occasion, the Customer shall provide his bank details, i.e. the type of bank card used (Visa, Carte bleue, Mastercard), the number of the card concerned, its expiry date and the cryptogram on the back.
Once the payment has been validated, the data relating to the credit card used will be saved. The Customer’s bank details are not stored by Leofresh Rungis, but on the payment service provider’s secure server.
The Customer may therefore choose to pay for future purchases by credit card (Carte Bleue, VISA, Mastercard) without having to re-enter his/her bank details. It is however specified that the cryptogram will be systematically asked for again at each purchase for security reasons.
The Customer also retains, at any time, the possibility to delete the data relating to the registered bank card and/or add another bank card, and delete the card.
For any information, questions or complaints, the Leofresh Rungis customer service is at your disposal in the “Contact us” section
In any event, if Leofresh Rungis’s liability is evoked for any reason whatsoever, it will be limited to the amount of the allegedly defective goods in question. It is the Customer’s responsibility to take out any policy for any claim in excess of the amount so agreed. Leofresh Rungis will not accept any return or collection of goods delivered to or collected from a Leofresh Rungis warehouse unless expressly agreed otherwise in writing in advance. Leofresh Rungis would like to remind you that the sale is made between professionals and that legal provisions specific to the sale to private individuals are not applicable.
Leofresh Rungis reserves the right to assess the risks inherent in all operations and to refuse to carry out the service if necessary (e.g. unpaid, abnormality of the order, any other dispute…).
If events beyond the control of Leofresh Rungis, such as force majeure, strikes, administrative decisions, natural events (e.g. road snow, landslides, storms etc.), pandemia or any other circumstances impede or delay the provision of services, Leofresh Rungis cannot be held liable in any case. Compensation will not be granted to the Customer in any of these situations.
Leofresh reserves the right to terminate or modify the offers present on the Website at any time without prior notice to the Customer. In case of contradiction between the present conditions and the Leofresh Rungis general terms and conditions of sale, the present conditions will prevail.
Leofresh Rungis reserves the right to immediately terminate the online sales services in writing in the event of any fault on the part of the Customer, in particular in the event of non-payment, repeated absences of the Customer on the day of delivery, disputes of any kind affecting the business relationship.
All texts, comments, illustrations and images reproduced or represented on the website are strictly reserved under intellectual property rights. Any reproduction or representation of all or part of the website or of all or part of the elements on this site is strictly prohibited.
Internet orders are archived on the website and are accessible via the Customer’s internet account.
French law is applicable.
In the event of a dispute relating to the interpretation or execution of their agreements, Leofresh and the Customer shall seek, before any litigation, an amicable agreement and shall communicate to each other for this purpose all necessary information.
In the absence of an amicable settlement of the dispute within a maximum period of one month, the Commercial Court of Paris shall have sole jurisdiction in the event of any dispute of any nature or of a dispute relating to the formation or execution of the order, unless the seller prefers to bring the matter before any other competent court.
This clause applies even in the event of summary proceedings, incidental demand or plurality of defendants or appeal in guarantee, and whatever the mode and the methods of payment, without the clauses attributing jurisdiction which can exist on the documents of the purchasers being able to put obstacle to the application of this clause
The language of the present conditions is English.
By using the online sales service and by validating an order via the website, the Customer acknowledges having read and accepted the present Terms and Conditions.
The validation of his order by the Customer of Leofresh Rungis implies the acceptance of these Terms and Conditions.
[LI1] Attention : This rule should only be used for maritime or river transport where the parties intend to deliver the products by placing them on board a vessel. Thus, the FOB rule is not appropriate when the goods are handed over to the carrier before being on board the ship, for example when the Products are handed over to a carrier in a container terminal. In this case, parties should consider using the FCA rule rather than the FOB rule.
[LI2] Attention : This rule should only be used for sea or river transport. When more than one mode of transport is used, which is often the case when the goods are handed over to a carrier at a container terminal, the rule to be used is CIP rather than CIF.
[LI3] Not recommended since Leofresh would therefore assume all the risks and costs related to the transport of the goods and their unloading to the designated place.
[LI4] To see if this corresponds to your practices.
[LI5] Add a hyperlink.
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