CGV

Terms of Sales

Version updated on November 8, 2022

URBAN CUISINE , a simplified joint-stock company with a capital of 14,917.90 euros, whose registered office is located at 28, Boulevard du Colombier – 35000 Rennes, registered under number 844 971 127 RCS Rennes (“ URBAN CUISINE ”), carries out a design, manufacture and maintenance of urban vegetable gardens and the production and distribution of aromatic plants, clods of crops and growing accessories, as well as the publishing, development and operation of internet and mobile sites, allowing the sale of these products. The online sales service offered on the URBAN CUISINE Site is managed by URBAN CUISINE whose contact details are as follows: Telephone: {—} (non-surcharged call) – contact@urbancuisine.io – Intracommunity VAT number FR 74844971127.

URBAN CUISINE sells its own Products and Subscriptions to Customers on the URBAN CUISINE Site. The URBAN CUISINE Site allows the conclusion of sales contracts relating to Products and Subscriptions. Customers are the sole decision-makers in finalizing the purchase of Products and Subscriptions (as such terms are defined below).

These general conditions of sale (the " GTC ") govern the relationship between URBAN CUISINE and any Customer and Subscriber wishing to purchase a Product or Subscription.

DEFINITIONS

Subscriber : refers to any Customer who has taken out a Subscription in application of these GCS.

Subscription : refers to any Order relating to several given Products committing the Customer for a given period.

Customer : refers to a person making a purchase of a Product or Subscription on the URBAN CUISINE Site.

Order : refers to any purchase order issued by a Customer relating to the Products or Subscriptions.

Price : designates the price offered by URBAN CUISINE for its offer to sell a Product.

Sale Price : refers to the total price of the Product or Subscription payable by a Customer, including, in addition to the Sale Price of the Product or Subscription, the shipping costs defined on a flat-rate basis.

Product(s) : means the URBAN CUISINE brand products, designed and developed by URBAN CUISINE, appearing on the URBAN CUISINE Site and likely to be sold on the URBAN CUISINE Site.

URBAN CUISINE website : designates the website www.urbancuisine.io as well as the URBAN CUISINE mobile application.

Sale : any transaction concluded between a Customer and URBAN CUISINE relating to a Product or a Subscription offer appearing on the URBAN CUISINE Site.

  • OBJECT

The T&Cs of the URBAN CUISINE Site aim to define the conditions under which Customers purchase Products or Subscriptions.

  • PRODUCTS AND PRICES
  1. The Products offered for Sale appearing on the URBAN CUISINE Site are offered within the limits of available stocks.
  2. The main characteristics of the Products are detailed as precisely as possible.
  3. The price of the Products is indicated in euros including VAT. The Price takes into account the Value Added Tax (VAT) applicable to the Product and any reductions that may apply at the time of the Order.
  4. Delivery costs are not included in the Price. The amount of these costs is specified before each validation of the Order by the Customer.
  5. The Price cannot be modified once the Order is validated. However, URBAN CUISINE reserves the right to cancel the Order in the event of a manifest error in the Price.
  6. The prices of the Products or Subscription offers may be modified. If applicable, the changes are only valid for Orders related to new Products or Subscriptions, Product Orders already placed and Subscriptions already in progress will not be affected by the price changes.
  7. If a Subscriber terminates his Subscription and then reactivates it, his Price may be different from the initial Price in effect before his termination.
  • SUBSCRIPTION
  1. URBAN CUISINE offers on the URBAN CUISINE Site, the online sale of clods of culture, within the framework of a Subscription offer, under the conditions defined herein.
  2. Several variants are offered by URBAN CUISINE: Discovery Subscription or Gourmet Subscription, each offer can be subscribed to whether or not the Customer already owns an URBAN CUISINE connected vegetable garden. The products making up each Subscription offer are described in detail on the URBAN CUISINE Site.
  3. The Subscription is taken out without commitment for an indefinite period at the time of payment by the Subscriber for a number of monthly Products determined at the time of the Order. By accepting the Subscription offer, the Subscriber accepts a deduction of an amount defined at the time of the Order, intervening monthly with the shipment of 4 or 8 clods of culture.
  4. As long as the Subscription offer lasts, the Customer will be deducted automatically and monthly from the defined sum. The Subscription taken out for an indefinite period may be terminated by the Subscriber at the latest five (5) days before the monthly dispatch date of the Products. Any request for termination must be sent by the Subscriber to the following address: contact@urbancuisine.io
  5. The Products making up the Subscription offer chosen by the Subscriber as part of the subscription to a Subscription are sent to the address indicated by the Subscriber when placing the Order under the same conditions as a Product purchased outside of a Subscription. As such, the Subscriber undertakes to provide all the information necessary for the proper delivery of the Products for the future and in particular to transmit without delay to URBAN CUISINE any change of contact details occurring during the Subscription period.
  6. The Subscriber is entitled to exercise his right of withdrawal as provided for any Customer in Article VI of the GCS. The Subscription will not begin until the withdrawal period has expired. If a Product included in the Subscription has already been received by the Subscriber at the time of withdrawal, the Subscriber will be reimbursed upon receipt of the returned Product. If the Product cannot be returned, the amount of the refund will take into account the deduction of the value of this Product.
  7. In the event of a production stoppage of a Product, subject of the Subscription, URBAN CUISINE will offer the Subscriber its replacement by another equivalent Product, for the number of Products remaining in his Subscription. In the event of non-acceptance of this proposal by the Subscriber, URBAN CUISINE will proceed to the reimbursement in proportion to the sum received for the number of Products of its Subscription remaining to be delivered to the Subscriber.
  • ORDER AND PAYMENT
  1. The Customer acknowledges that he accepts the offer in consideration of the description of the Product or the Subscription object of the Sale and that his acceptance has the value of a firm commitment to contract with URBAN CUISINE under the conditions of the offer described on the URBAN KITCHEN website.
  2. Nevertheless, the Sales contract is concluded under the subsequent condition that the Product ordered is available. The resolutive condition is lifted upon confirmation of the availability of the Product by URBAN CUISINE. If the Product proves to be unavailable, the Sales contract concluded between the Customer and URBAN CUISINE will be automatically and immediately terminated. In such a situation, the obligations of URBAN CUISINE and the Customer would be automatically revoked. In the case of a Sales contract covering several Products, the terminated Sales contract would be the contract relating to the unavailable Product.
  3. Payment of the Sale Price must be made by bank card directly when placing the Order via the payment service provider Stripe. The general conditions of use of the Stripe service can be accessed here: https://stripe.com/fr/checkout/legal
  4. URBAN CUISINE confirms receipt of the order and then the collection of the Sale Price to the Customer by a confirmation email which summarizes the Order and confirms receipt of payment.
  5. URBAN CUISINE retains full ownership of the Products until full payment of the Price.
  • Delivery of Products
  1. URBAN CUISINE processes Orders within 48 hours from Monday to Friday. Once shipped, the package will arrive at the Customer within 5 to 7 working days. With the current context, and depending on the mode of delivery and the geographical area of ​​delivery chosen, delivery times may be longer. URBAN CUISINE does not guarantee the respect of deadlines by its carrier but strives to make its best efforts to ensure that they are respected.
  2. In case of unavailability of the Product, it will be possible, with prior agreement of the Customer, to provide an equivalent Product to the Customer.
  3. If the Customer chooses to collect the Product from the premises of URBAN CUISINE (or those of its logistics partner), the Customer presents himself at the following opening hours: Monday to Thursday from 9:00 a.m. to 12:00 p.m. then from 2:00 p.m. to 4:00 p.m. and on Friday from 9:00 a.m. to 12:00 p.m.
  4. URBAN CUISINE offers the Customer the method of delivery of the Products and offers priority to use the following service providers: Mondial Relay, Colissimo. The delivery costs of the Product of a fixed amount are re-invoiced to the Customer at the time of the Order.

  • Customer's right of withdrawal

 

  1. In accordance with article L.221-18-21 of the Consumer Code, any Customer has a right of withdrawal of fourteen (14) days from receipt of the Product, during which he may return the Product to URBAN KITCHEN without having to justify your choice or pay a penalty. URBAN CUISINE may grant a longer withdrawal period to the Customer on condition that it is indicated in the special conditions of the Sale.
  2. All Products can be returned, with the exception of Products listed in article L.221-28 of the Consumer Code, in particular personalized Products or any other Product which would be part of the legal exclusions. A Product cannot be returned to URBAN CUISINE if it has been planted or damaged. Any Product returned to URBAN CUISINE must be intact and in its original packaging.
  3. The Customer exercises his right of withdrawal directly from URBAN CUISINE by informing him by email, or by telephone (whose references appear in the header of the GCS) of his desire to exercise his right of withdrawal.
  4. The Customer must return the Product to the address provided by URBAN CUISINE, within fourteen (14) days from the day on which he decided to use his right of withdrawal. URBAN CUISINE cannot be held responsible for the loss of the Product when returning the Product.
  5. In the event of exercise of the right of withdrawal within the aforementioned period, the Sale Price is refunded. The shipping costs for the return of the Products must be paid by the Customer, unless otherwise stated by URBAN CUISINE.
  6. Reimbursement of the Order is made using the same means of payment as that used to place the Order, at the latest within fourteen (14) days following the exercise of the right of withdrawal.
  • Claims by the Customer and disputes
  1. In the event that a delivered Product is damaged, does not comply with the Order or the Product description provided by URBAN CUISINE on the URBAN CUISINE Site, the Customer must contact URBAN CUISINE, in accordance with the provisions of Article L. 133-3 of the Commercial Code.
  2. The Customer must follow the instructions sent by URBAN CUISINE concerning the procedures for returning the Product. Once URBAN CUISINE has found non-conformity or damage, URBAN CUISINE has the option of sending the Customer a new URBAN CUISINE Product, at no additional cost, or of reimbursing the sums received by the Customer for the purchase of the Product.
  3. In the event of opening of the packaging of the Product, no recourse against the carrier or URBAN CUISINE may be exercised, under the aforementioned conditions.
  4. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, URBAN CUISINE adheres to the Association of Mediators of West Brittany (AMBO) whose contact details are as follows: 12 rue Colbert - B37, 56 100 Lorient - https:/ /www.ambo.bzh/ . After prior written action by the Customer vis-à-vis URBAN CUISINE as mentioned above, AMBO may be seized of any consumer dispute relating to the Order of a Product or a Subscription offered for sale on the Site and whose settlement would not have been successful. To find out how to apply to AMBO, click here
  5. The European Commission also provides consumers with an online dispute resolution platform accessible here
  • PRODUCT WARRANTIES 
  1. Legal guarantees :
  • All Products sold through the URBAN CUISINE Site benefit from the legal guarantee of conformity ( Articles L.217-1 and following of the Consumer Code ) and the guarantee against hidden defects ( Articles 1641 and following of the Civil Code ) allowing defective Products to be returned to URBAN CUISINE.
  • The Customer is informed that URBAN CUISINE is the guarantor of the conformity of the Products to the contract within the framework of these two legal guarantees. The Customer must contact URBAN CUISINE to implement these guarantees.
  • The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code.
  • It is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted by URBAN CUISINE.
  • Furthermore, the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, the Customer can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Article L.217-4 of the Consumer Code : the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

 

Article L217-5 of the Consumer Code : The property complies with the contract:
1) If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.

2) Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L217-12 of the Consumer Code : The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code : When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code : The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.

Article 1648 al 1 of the Civil Code : The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect.

  1. Commercial Warranties
  • Certain Products may benefit from a commercial guarantee, free or paid, granted by URBAN CUISINE. In this case, the content, the methods of implementation, the duration and the territorial scope of the commercial guarantee granted will be detailed in the description of the Product appearing on the URBAN CUISINE Site and a written contract will be provided by URBAN CUISINE at the time delivery of the guaranteed Product.
  • It is recalled that the commercial guarantee does not withdraw the Customer's rights attached to the provisions relating to the guarantee against hidden defects or the legal guarantee of conformity.
  • It is recalled that the commercial guarantees do not apply in the event of normal wear or due to abnormal use of the Product.
  • PERSONAL DATA

The personal data collected during the Customer's Order will be subject to computer processing. The Customer is invited to refer to the " Data Protection " tab of the URBAN CUISINE Site to obtain all the information relating to this point.

  • INTELLECTUAL PROPERTY
  1. All elements of the URBAN CUISINE Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
  2. No document from the URBAN CUISINE Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents on a computer for personal use and only for non-commercial purposes, provided that the information is not modified and that all copyright and other intellectual property notices are kept intact.
  • PARTIAL NULLITY

If one or more stipulations of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and scope. .

  • APPLICABLE RIGHT
  1. The T&Cs are subject to French law. Any dispute will be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal of Rennes.
  2. The URBAN CUISINE Site complies with French legislation, and under no circumstances does URBAN CUISINE give any guarantee of compliance with the local legislation that would be applicable to you, when the Customer accesses the URBAN CUISINE Site from other countries.