Our policies
General Terms and Conditions of Sale
General terms and conditions of sale of the website www.rebellesnacks.com
applicable from 23/11/2022
ARTICLE 1. PARTIES
These general terms and conditions apply between Rebelle SAS,
Share capital: 32 608,00 €
Registered office address: 16 RUE DE LA GRANGE BATELIERE, 75009 PARIS
Siren: 901053934
VAT: FR55901053934
Email: hello@rebellesnacks.com
Hereinafter referred to as "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Client"..
ARTICLE 2. DEFINITIONS
"Client": any person, natural or legal, under private or public law, registered on the Site.
"Site Content": elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": Rebelle SAS, acting in its capacity as publisher of the Site.
"Internet User": any person, natural or legal, under private or public law, connecting to the Site.
"Product": goods of any nature sold on the Site by the Publisher to Clients.
"Site": the website accessible at the URL www.rebellesnacks.com, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely and openly accessible to any Internet User. Browsing the Site implies acceptance by any Internet User of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or a browser, shall constitute full and unconditional acceptance of these general terms and conditions. Upon registration on the Site, this acceptance shall be confirmed by ticking the relevant box.
The Internet User thereby acknowledges having read them in full and accepts them without restriction.
Ticking the aforementioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the evidential value of the Publisher's automatic recording systems and, unless they can provide proof to the contrary, waives any right to contest them in the event of a dispute.
These general terms and conditions apply to the relationship between the parties to the exclusion of all other conditions, and in particular those of the Internet User.
Acceptance of these general terms and conditions presupposes that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorisation of a guardian or curator if they lack legal capacity, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE WEBSITE
The purpose of the Website is to sell Products to Customers.
ARTICLE 5. ORDER PROCESS
5.1. Order
In order to place an order, Internet Users may select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the descriptive sheet of each item. Once their order is complete, they may access their basket by clicking on the button provided for this purpose.
5.2. Order validation by the Internet User
By consulting their basket, Internet Users will be able to verify the number and nature of the Products they have selected and to check their unit price as well as their total price. They will have the option to remove one or more Products from their basket.
If their order suits them, Internet Users may validate it. They will then access a form on which they may either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Client
Once logged in or after having fully completed the registration form, Customers will be invited to check or amend their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface displaying the wording "order with payment obligation" or any equivalent wording.
5.4. Order confirmation by the Publisher
Once payment has been effectively received by the Publisher, the latter undertakes to acknowledge receipt to the Client electronically, within a maximum period of 24 hours. Within the same timeframe, the Publisher undertakes to send the Client a summary email of the order confirming its processing, including all relevant information.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and have no future effect.
The prices indicated on the Site are in euros, inclusive of all taxes, excluding delivery charges.
6.2. Payment method
The Client may make payment by credit card (Visa, Mastercard, American Express, Maestro), PayPal, Apple Pay.
In the context of payments by credit card, the Publisher has no access to any data relating to the Client's payment methods. Payment is made directly to the banking institution.
In the event of payment by money order, cheque or bank transfer, delivery times shall only begin to run from the date on which payment is received by the Publisher.
6.3. Invoicing
The Publisher shall send or make available to the Customer an invoice by electronic means after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any sum not paid by the due date shall automatically and without prior notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without such penalty affecting the enforceability of the principal amounts due.
Furthermore, any late payment shall result in the defaulting Customer being charged collection costs of 40 euros, the immediate enforceability of all sums remaining due regardless of the agreed timeframes, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's fault. This clause falls within the framework of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the penalty if the judge considers it excessive.
6.5. Retention of title
Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
6.6. Refund conditions
You may notify us of your wish to return your order within 14 days of receiving it. Rebelle accepts the return of unopened, untouched products. Rebelle does not refund shipping and logistics costs.
If your parcel is already being prepared, it is not possible to prevent it from being dispatched. In that case, please refuse delivery when the carrier presents it.
ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is accessible from the contact page of the website: www.rebellesnacks.com or by email at hello@rebellesnacks.com or by post to the address indicated in Article 1 of these general terms and conditions.
ARTICLE 8. PERSONAL ACCOUNT
8.1. Creation of the personal account
The creation of a personal account is an essential prerequisite for any order placed by an Internet User on the Site. To this end, the Internet User will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal account. An Internet User's refusal to provide said information will prevent the creation of the personal account and, consequently, the validation of the order.
When creating the personal account, the Internet User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The Internet User therefore agrees not to transmit or communicate it to any third party. Failing this, the Publisher cannot be held liable for any unauthorised access to an Internet User's personal account.
The Client undertakes to regularly check the data relating to them and to carry out the necessary updates and modifications online from their personal account.
8.2. Content of the personal account
The personal account allows the Client to view and track all orders placed on the Site.
The pages relating to personal accounts may be freely printed by the account holder in question, but do not in any way constitute evidence admissible by a court. They are purely for informational purposes to ensure effective management of orders by the Client.
The Publisher undertakes to securely retain all contractual documents whose retention is required by applicable law or regulation.
8.3. Deletion of the personal account
The Publisher reserves the right to delete the account of any Client who breaches these general terms and conditions, in particular where the Client provides inaccurate, incomplete, misleading or fraudulent information, and where a Client's personal account has remained inactive for at least one year. Such deletion shall not constitute a fault of the Publisher or damage to the excluded Client, who shall not be entitled to any compensation as a result.
This exclusion is without prejudice to the Publisher's right to initiate legal proceedings against the Client where the facts justify doing so.
ARTICLE 9. PERSONAL DATA
In the course of its services, the Publisher will be required to process personal data relating to its Clients.
9.1. Identity of the data controller
The Publisher is the party responsible for the collection and processing of data on the Site.
9.2. Identity of the Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hyperlink on the URL of our website
9.3. Data collected
9.3.1. Data collected from clients
In the context of its contractual relations, the Publisher may be required to collect and process information about its Clients, namely: Email, Surname and first name, Telephone, Address, state, province, postcode, city.
9.3.2. Data collected from clients
The data collected during the contractual relationship is subject to automated processing for the purpose of:
Initiating legal proceedings;
Verifying the identity of Customers;
9.3.3. Legal bases for processing
The collected data is based on a contractual relationship.
9.3.4. Recipients of the data
The collected data is accessible only by the Publisher within the limits strictly necessary for the performance of contractual obligations.
This data, whether in individual or aggregated form, is never made freely viewable by any third-party natural person.
9.3.5. Personal data retention period
The personal data collected is retained for the duration of the contractual relationship, and for the period during which the Publisher's liability may be incurred.
Once the retention period has elapsed, the Publisher undertakes to permanently delete the data of the individuals concerned without retaining any copy.
9.3.6. Security and confidentiality of personal data
Personal data is stored under secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.
Access to the Publisher's premises is also secured.
9.3.7. Data minimisation
The Publisher may also collect and process any data voluntarily transmitted by its Clients.
The Publisher guides its Clients to provide only the personal data strictly necessary for the performance of their contractual obligations.
The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any received data that is not useful to its activities as soon as possible.
9.4. Respect for rights
The Publisher's Clients have the following rights regarding their personal data, which they may exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right to information, access and communication of data
The Publisher's Clients have the right to access the personal data relating to them.
Due to the security and confidentiality obligation in the processing of personal data incumbent upon the Publisher, requests will only be processed if Clients provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request submitted via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request submitted in writing), both accompanied by the statement "I declare on my honour that this copy of my identity document is a true copy of the original. Done at … On … ", Followed by their signature.
To assist them in this process, Clients will find here a template letter prepared by the Cnil.
9.4.2. Right to rectification, erasure and right to be forgotten
The Publisher's Clients have the right to request the rectification, updating, locking or deletion of their personal data that may prove to be inaccurate, erroneous, incomplete or outdated.
The Publisher's Clients may also set general and specific guidelines regarding the fate of their personal data after their death. Where applicable, the heirs of a deceased person may require that the death of their relative be taken into account and/or that the necessary updates be made.
To assist them in this process, Clients will find here a template letter prepared by the Cnil.
9.4.3. Right to object to data processing
The Publisher's Clients have the right to object to the processing of their personal data.
To assist them in this process, Clients will find here a template letter prepared by the Cnil.
9.4.4. Right to data portability
The Publisher's Clients have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to restriction of processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be restricted. As a result, their data may only be retained and no longer used by the Publisher.
9.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification or objection, or any other supplementary request for information, within a reasonable timeframe not exceeding 1 month from receipt of the request.
9.4.7. Complaint to the competent authority
If the Publisher's Clients consider that the Publisher is not complying with its obligations regarding their personal data, they may lodge a complaint or a request with the competent authority. In France, the competent authority is the Cnil, to which they may submit a request here.
9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorised service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use and data protection, for example via the US Privacy Shield.
The Publisher uses the following sub-contractors:
Partner
Capacity
Recipient country
Processing carried out
Safeguards
9.5.2. Transfer upon requisition or court order
Clients also consent to the Publisher communicating the collected data to any person, upon requisition by a state authority or by court order.
9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Clients consent to the collected data being transferred by the Publisher to that company and to that company carrying out the personal data processing referred to in these general terms and conditions of service in place of the Publisher.
ARTICLE 10. LIABILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to exercise the care and diligence necessary to provide Products of a quality conforming to the specifications of these general terms and conditions. The Publisher is only bound by a best-efforts obligation with respect to the services that are the subject of these terms.
10.2. Force majeure – Customer's fault
The Publisher shall not be held liable in cases of force majeure or fault of the Client, as defined in this article:
10.2.1. Force majeure
For the purposes of these general terms and conditions, any hindrance, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of installations, unlawful or fraudulent use of passwords, codes or references provided to the Client, computer hacking, a security breach attributable to the Site's host or developers, flooding, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the Publisher's reasonable control shall be considered a force majeure event opposable to the Client. In such circumstances, the Publisher shall be released from the performance of its obligations to the extent of such hindrance, limitation or disruption.
10.2.2. Client's fault
For the purposes of these general terms and conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Client or their agents, failure to comply with the advice given by the Publisher on its Site, any unlawful disclosure or use of the Client's password, codes and references, as well as the provision of inaccurate information or failure to update such information in their personal account, shall be considered a fault attributable to the Client. The implementation of any technical process, such as robots or automated queries, whose implementation would contravene the letter or spirit of these general terms and conditions of sale, shall also be considered a fault of the Client.
10.3. Technical issues – Hyperlinks
In the event of inability to access the Site due to technical problems of any nature, the Client shall not be entitled to claim damages and shall not be entitled to any compensation. The unavailability, even prolonged and without any time limit, of one or more online services cannot constitute harm to the Clients and cannot in any way give rise to the award of damages by the Publisher.
The hyperlinks present on the Site may redirect to other websites. The Publisher's liability cannot be incurred if the content of those sites contravenes applicable legislation. Likewise, the Publisher's liability cannot be incurred if a visit by the Internet User to one of those sites causes them harm.
Given the current state of technology, the rendering of representations of the Products offered for sale on this Site, particularly in terms of colours or shapes, may vary significantly from one computer to another or may differ from reality depending on the quality of the graphics hardware and screen, or depending on the display resolution. Such variations and differences cannot under any circumstances be attributed to the Publisher, whose liability cannot in any way be incurred as a result.
10.4. Damages payable by the Publisher
Absent any contrary legal or regulatory provisions, the Publisher's liability is limited to the direct, personal and certain loss suffered by the Client and linked to the fault in question. The Publisher shall under no circumstances be held liable for indirect damages such as, in particular, data loss, commercial harm, loss of orders, damage to brand image, commercial disruption and loss of profits or customers. Likewise and within the same limits, the amount of damages and interest charged to the Publisher shall in no event exceed the price of the ordered Product.
10.5. Hyperlinks and Site Content
The Site Content is published for information purposes only, without any guarantee of accuracy. The Publisher cannot under any circumstances be held liable for any omission, inaccuracy or error contained in this information that causes direct or indirect damage to the Internet User.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of Site Content
The Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out unlawfully and without the consent of the Publisher or its successors in title constitutes an infringement of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
11.2. Contractual protection of Site Content
The Internet User contractually undertakes towards the Publisher not to use, reproduce or represent, in any manner whatsoever, the Site Content, whether or not protected by intellectual property rights, for any purpose other than reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 12. FINAL PROVISIONS
12.1. Applicable law
These general terms and conditions are subject to French law.
12.2. Amendments to these general terms and conditions
These general terms and conditions may be amended at any time by the Publisher. The general terms and conditions applicable to the Client are those in force on the day of their order or their connection to this Site, with any new connection to the personal account entailing acceptance, where applicable, of the new general terms and conditions.
12.3. Disputes
Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes arising in the context of the performance of these general terms and conditions for which a solution could not previously be found amicably between the parties must be submitted.
Furthermore, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since 1 January 2016, mediation has been mandatory for everyone. Accordingly, any professional selling to consumers is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical shop (Source: FEVAD).
AMF / https://lemediateur.fbf.fr/
12.4. Entirety
The invalidity of any clause of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full force and effect. In such a case, the parties shall, as far as possible, replace the annulled provision with a valid provision corresponding to the spirit and purpose of these terms.
12.5. Non-waiver
The Publisher's failure to exercise any of the rights recognised to it under these terms and conditions shall in no event be construed as a waiver of the right to enforce those rights.
12.6. Telephone canvassing
The Client is informed that they have the option to register on the telephone sales opposition list at http://www.bloctel.gouv.fr/.
12.7. Languages of these general terms and conditions
These general terms and conditions are provided in French.
12.8. Unfair terms
The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.