Preamble

1. The website www.iamelsy.fr (the “Site”) is published by the company ELSY FOOD, SAS with a share capital of 10,000 euros, whose registered office is located at 9 rue Bellenot (92700) Colombes, registered under the number unique identification 842 297 319 RCS Nanterre. (“ElsyFood”).
Elsy Food specializes in the sale of food products belonging to the field of well-being and markets its products remotely via the Site.
All the products sold by Elsy Food are listed on the Site which is accessible by the Customer 24 hours a day, 7 days a week, all year round except in the event of maintenance operations.
Elsy Food is the author of the sales offer relating to the products presented on its website www.iamelsy.fr .

2. These general conditions of sale (the "GTC") apply between Elsy Food and the Customer of the Site.

3. Prior to any sale, the Customer acknowledges having read the General Conditions of Sale and expressly declares to accept them without reservation in their entirety by ticking the box “I have read and I accept the General Conditions of Sale without reservation”.
In case of disagreement with the terms and conditions of the GCS, the Customer must not use the Site.

4. The terms and expressions identified by a capital letter in the GCS have the meaning indicated below (whether they are used in the singular or in the plural).
" Customer »: refers to an adult natural person, consumer who uses the Site and, where applicable, acquires one or more Product(s), for his personal needs, through the Site having previously adhered to the GTC.
" Ordered »: refers to the Customer's purchase order for one or more Product(s) placed by using the Site or via Customer Service;
" Terms of Sales " Where " GTC ”): refers to this document, i.e. the terms and conditions applicable in the relationship between Elsy Food and the Customer;
" Site ": refers to the website accessible at the address and/or to any other address with a different extension;
" Product “: designates a product offered for sale on the Site;
" Seller " Where " Elsy Food » refers to the company ELSY FOOD designated in the preamble.

5. The GCS apply to any user of the Site, whether he is a Customer or not, having placed an Order or not, in particular articles 10 to 15. They are valid here as General Conditions of Use.

1. PURPOSE / SCOPE

1.1 The GCS describe the methods of distance selling of the Products and define the rights and obligations of Elsy Food and the Customer in the context of the sale of Products on the Site or through the Customer Service of the Site set up by Elsy Food.
They apply without restriction or reservation to all the products offered on the Site, whatever their nature.

1.2 Any use of the Website and any placing of an Order for one or more Product(s) through the Website implies the pure and simple acceptance of all of the GCS.

1.3 The GCS are reserved for consumer buyers (acting for purposes that do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity), to the exclusion of any professional.

1.4 In the event of a contradiction between the T&Cs and any other document appearing on the Site, including the quality charter or equivalent document, the T&Cs prevail.

1.5 Under the GCS, a Customer is any natural person, aged at least eighteen (18) years or having the authorization of the authorized person on the date of validation of his Order.
Only persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place an Order on the Site.
When placing the Order, the Customer guarantees to have full legal capacity to adhere to the T&Cs, place an Order and conclude a sale.

1.6 The Customer acknowledges having read the T&Cs and expressly declares to accept them. This acceptance is given to each Order as soon as the Customer ticks the box “I have read and I accept the General Conditions of Sale without reservation”.
1.7 By placing an Order, the Consumer acknowledges having read the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
– the essential characteristics of the Product; The price of the products ;
– the date or deadline by which the Company undertakes to deliver the Product;
– information relating to the identity of Elsy Food (postal, telephone and electronic contact details);
– information relating to legal and contractual guarantees and their implementation methods;
– the possibility of resorting to conventional mediation in the event of a dispute;
– information relating to the right of withdrawal.

2. CHARACTERISTICS OF THE PRODUCTS

2.1 Consulting the characteristics of the Products

2.1.1 Elsy Food presents the Products and their detailed description on the Site so that the Customer can learn about their essential characteristics.
At the time of placing the Order, the Customer acknowledges having read the special conditions of sale set out on the screen (denomination price, components, weight, quantity, color, particularities of the products, cost of the services and limitation of certain categories of products) and expressly declares to accept them without reservation.

2.1.2 The Customer acknowledges and confirms that he alone assesses the relevance of the Products in view of any contraindications that may be personal to him, of the compatibility of the Products with any other products that he would use or treatments to which he would be subject, so that the order of Products is made under its sole responsibility. It is exclusively up to the Client to be assisted by counsel if he does not consider himself sufficiently informed.

2.1.3 The detailed Product sheet is the only contractual source, it being specified that the photographs on the Site are provided for illustration purposes, and have no contractual value.

2.2 Availability of products/validity of the offer

2.2.1 The product offers and prices appearing on the Site are valid as long as they are visible and available. Any product temporarily unavailable is indicated as such on the Site.
Elsy Food implements the necessary efforts to ensure the availability of the entire range of products offered. However, all or part of the quantity of a product added to the basket may no longer be available at the time of validation of the Order. If this is the case, the Customer is informed directly and before any payment of the said order.
Elsy Food cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock does not exist.

2.2.2 The simple fact of adding an item to the shopping cart does not constitute validation of the Order.

3. PRICE

3.1 Product prices are determined by Elsy Food.

3.2 The Products are invoiced on the basis of the rates in force at the time of registration of the Order.
Elsy Food reserves the right to modify the prices at any time and without notice, but the price applicable to the Customer's Order will remain that indicated during the validation of his Order.

3.3 The sale of Products is subject to VAT according to the terms applicable to the operation, which may differ depending on the place of delivery and the nature of the goods.
The modification of the VAT rate applicable to an operation may lead to the modification of the price including tax of the operation, and this until the validation of the Order.

3.4 The prices do not include participation in shipping costs. The shipping costs are invoiced in addition to the Customer. They are indicated before the validation of the Order. The amount of taxes may change in the event of delivery abroad: in this case, the amount is indicated to the Customer on the summary page of the Order, and confirmed in the acknowledgment of receipt of the order.

3.5 Elsy Food does not cover customs fees and the payment of taxes or duties of any other nature in the event of export abroad. It is up to the Customer to check the applicable legislation in consideration of the country of destination of his order.
The Customer bears the additional costs related to the importation of the product into the destination country.

3.6 The price indicated in the summary of the Customer's order constitutes the total price. It includes the details of each product as well as the delivery costs.

3.7 The prices displayed online or resulting from the Order are guaranteed, unless they prove to be, in particular due to an error or technical malfunction, computer bug, derisory or in total mismatch with the actual sale price. of the product.

4. ORDER

4.1 Customer Order

4.1.1 The Customer places his Order in accordance with the instructions given to him on the Site.

4.1.2 The Order is subject to a summary which includes all the elements to allow the Customer to check the details of his order, its total price, and to correct any inaccuracies. The Customer must then validate the Order by a positive act (by means of a double click) expressing his definitive agreement.

4.2 Validation of the Order by Elsy Food

4.2.1 Elsy Food validates the Customer's Order by sending an automatic e-mail containing the essential characteristics of the Order, and any difficulties or reservations.

4.2.2 Elsy Food reserves the right not to validate the Order.
This is particularly the case in the event of refusal to authorize payment by officially accredited bodies, non-payment for a previous delivery or payment dispute in the course of administration, incomplete order, foreseeable problem concerning the supply of the Product, or in the presence of a withdrawal or recall procedure initiated concerning one or more of the Products ordered.

4.2.3 Any Order must correspond to the normal needs of a consumer.
Elsy Food also reserves the right not to validate the Order in the event that the quantities ordered are abnormally high.

5. PAYMENT

5.1 Principle
The Customer declares to understand and accept his obligation to pay the price of the Order as soon as it is validated.
The sums collected are not considered as deposits or installments, but as payment for the Order.

5.2 Method of payment

5.2.1 Elsy Food accepts Carte Bleue, Visa and MasterCard. The Customer provides the details of his bank card (card number, expiry date and cryptogram) on the day of the Order.
For any first order and/or in the event of random checks, the validation of the order by entering a 3D-SECURE code provided by the bank of the holder of the bank card and communicated by SMS, may be requested from the Customer in order to validate the payment.

5.2.2 The Customer can proceed to the payment of his order via his Paypal account. It is enough for him to choose this mode of payment at the time of the choice of the payment. It is recalled that Paypal is an external service provider to Elsy Food, subject to its own rules of use.

5.3 Default of payment

5.3.1 The Customer guarantees to Elsy Food that the means of payment used is valid and does not result from a fraudulent operation.

5.3.2 In the case of an order that has not been fully or partially paid for by the Customer, Elsy Food informs the Customer and asks him to remedy the situation.
In the absence of full payment before the scheduled delivery date, Elsy Food reserves the right to refuse to fulfill the Order.

5.4 Invoices
An invoice is established with each order. The Customer has the option of downloading and/or printing it.

6. DELIVERY

6.1 General

6.1.1 Delivery of the Order is carried out by transport providers mandated by Elsy Food (the "Delivery Service").

6.1.2 The products are delivered to the address indicated by the Customer when placing the Order.
It is up to the Customer to verify the accuracy of the information entered before the validation of the Order, including in particular the delivery address. In the event of an error in the wording of the contact details, Elsy Food cannot be held responsible for the impossibility of delivering the Order.
The delivery costs incurred for this delivery are not reimbursed to the Customer and the reshipment of the package is subject to additional invoicing.

6.1.3 Products are delivered to the following countries: Metropolitan France.

6.2 Date of Delivery

6.2.1 The delivery date depends on the availability of the Products (which may vary according to each Product) as well as the delivery method chosen by the Customer when placing the Order.
The approximate delivery date is indicated to the Customer and before validation of the Order.
The maximum delivery time is 30 working days from the Order, unless otherwise indicated to the Customer before placing the Order.

6.2.2 Except in cases of force majeure, fortuitous event or due to a third party, Elsy Food respects the delivery times indicated to the Customer when placing the Order. In the event that the deadlines cannot be met, the Customer is informed by Elsy Food, by any means, in particular by e-mail, SMS or telephone.

6.2.3 In the event of a delay in delivery, Elsy Food suggests that the Customer notify it of this delay by contacting Customer Service in order to agree together on the most appropriate solution.
In accordance with article L.114-1 of the Consumer Code, the Customer may denounce the sale in the event of a delay of more than 7 clear days, provided that the delay in delivery noted is not attributable to the Customer, in particular in the event of unavailability to accept delivery.

6.3 Delivery costs
Delivery costs are calculated automatically and indicated when choosing the delivery method when placing the Order.
The amount of the delivery costs varies according to the amount of the basket and the place of delivery.

6.4 Receipt of delivery

6.4.1 Delivery is made in the presence of the Customer or any person authorized to receive the goods.
Elsy Food cannot be held responsible for the delivery of the Order to a third party present at the delivery address declared by the Customer.

6.4.2 The Customer agrees to prove his identity in the event of a request for the Delivery Service, by an official valid identity document and by communicating, if necessary, the Order number.

6.4.3 The Customer undertakes to check upon receipt of his Order that (i) the number of packages corresponds to that indicated on the delivery note, (ii) the packaging is intact, undamaged and has not suffered visible modification or alteration. In the event that the buyer detects anomalies on the package, the Customer is invited to contact Elsy Food's Customer Service in order to immediately indicate the damage that occurred during delivery.

6.4.4 As soon as the delivery note is signed by the Customer or by a third party mandated for this purpose, Elsy Food is deemed to have definitively and irrevocably fulfilled its delivery obligation from this signature.

6.5 Retention of Title and Transfer of Risk

6.5.1 The Products remain the property of Elsy Food until full payment of the price.

6.5.2 The retention of title does not prevent the transfer of the risks of loss or deterioration of the products, as well as the damage they could cause.
The transfer of risks to the Customer takes place from the time of delivery as stated in Article 6.4.4.

7. RIGHT OF WITHDRAWAL

7.1 In accordance with Articles L.221-28 and following of the Consumer Code, the legal period for the right of withdrawal is fourteen days from receipt of the Products, to exercise the right of withdrawal from the contract concluded at a distance without having to justify its decision.
The Customer returning the Product within this period has the right to reimbursement and one-way delivery costs. On the proposal of Elsy Food, the Customer who has exercised his right of withdrawal may however opt for an exchange or the issuance of a credit note.
To exercise this right of withdrawal, the Customer must follow the procedure provided in the “My Orders” section of the Site or contact Customer Service.

7.2 The refund will be made using the payment method used for the Order within thirty (30) days of receipt of the exercise of the right of withdrawal, provided that the Product has actually been returned.
Only the return or exchange of Products will be accepted in their original packaging, complete (accessories, instructions, etc.), in perfect condition, unused, and accompanied by a carefully completed return form.
The costs of returning the Product remain the responsibility of the Customer.

7.3 As an exception, the right of withdrawal cannot be exercised in the cases of articles L.221-28 4° and 5° of the Consumer Code and relating to goods likely to deteriorate or expire rapidly or my goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

8. WARRANTIES

8.1 The legal guarantee
Elsy Food provides the Customer with a Product that complies with their Order.

8.1.1 The Customer may avail himself of the legal guarantee of conformity provided for by the Consumer Code and in particular by the articles:
– 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 L.217-5 of the Consumer Code: “The good complies with the contract:
1. if it is specific to the use usually expected of a similar good and, if 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 is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”
– Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods";

8.1.2 Elsy Food is also liable for redhibitory defects under the conditions provided for in articles 1641 to 1648 paragraph 1 of the Civil Code.
– Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not use it. 'would not have acquired, or would have given only a lesser price, if he had known them';
– Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect”;
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.

8.1.3 The legal guarantee of conformity applies independently of any commercial guarantee granted.

9. CLIENT RELATIONSHIP

9.1.1 Contacts
For any question, information or complaint, Customer Service is available to the Customer:
– By e-mail: contact@iamelsy.fr
– By mail to the following address: ELSY FOOD 9 rue Bellenot 92700 Colombes France

9.1.2 Dispute management
In the event of difficulties observed during delivery, it is the Customer's responsibility to inform Customer Service within a maximum period of 24 hours from delivery.

10. PROTECTION OF PERSONAL DATA

10.1 Elsy Food collects data concerning the Customer in relation to the services offered. It is responsible for the processing of personal data (the "Data").

10.2 Elsy Food collects and processes Data for the purposes listed below:

10.2.1 The Data is used for the purposes of managing the Customer relationship and enabling better interaction with Customers, optimizing the user experience or responding to requests and any complaints from our Customers. These treatments include in particular:

– the management of consents and authorizations concerning the use of Data, in particular for sending newsletters and commercial solicitations by electronic means;
– benefits from the services of Elsy Food, ordering products, tracking orders and invoicing, subscription to newsletters;
– the management of communications and the monitoring of exchanges, particularly in the context of any disputes
– the management of requests related to the exercise of rights, in particular of access, rectification and opposition;
– the management of product recalls or the sending of various information or documents relating thereto;
– analyzes or statistics to respond to inquiries or requests carried out by public interest bodies, or administrations, or administrative or judicial authorities
– the administration of the evidence that Elsy Food must report in application of its legal or regulatory obligations or for purposes related to the management of litigation;
– the management of any disputes, in particular related to the recovery of sums due, and the management of payment incidents;

10.2.2 The Data may also be used to carry out operations relating to commercial prospecting, or studies intended to improve customer knowledge and the services that Elsy Food can offer to its Customers. The Data is thus likely to be used, in compliance with the required authorizations:
– to send promotional messages or advertisements, whether personalized or not, by post or electronically, including by mobile notifications,
– to analyze the use of services (including online browsing and reactions to emails), so that we can assess the interest represented by the products and services offered, offer offers, content and services adapted to the profile of each customer; these analyzes will be carried out in compliance with the authorizations granted, in particular in the event of the use of cookies or other tracers.

10.2.3 For commercial prospecting operations linked to profiling and which are based on the consent of the person concerned by the processing, the latter may withdraw their consent at any time, it being understood that this will not call into question the legality of the processing carried out. implemented prior to such revocation.
The Data may be used to carry out technical operations related to their processing. This includes :
– technical operations related to the rectification of addresses;
– the allocation of a digital identifier linked to your data, so that we can interact via various digital communication media (websites and mobile applications, social networks) including for the sending of targeted advertisements;
– technical, organizational or cybersecurity operations related to the detection of anomalies and the securing of Data as well as our information systems from which the Data are processed.
The Data processed in this context comes from:
– of the order: data appearing on the subscription form such as surname, first name, date of birth, contact details;
– the use of Elsy Food services such as purchases: data allowing identification (example: IP address), places and times of ordering and purchase, navigation route on the site, dates and times of consultation of the site, location data;
– sites and mobile applications published by third-party entities: information relating to browsing or targeted advertising;
– social networks such as facebook, linkedin, twitter;
– Data may possibly be transmitted to us by partners or third parties who will integrate our databases, it being understood that these third parties have collected the data fairly and obtained all consent;
– open data;

With the exception of data from open data, other data is not publicly available.

10.2.4 To achieve the above purposes and within the limits necessary for the pursuit of these purposes, the Data may be transmitted to all or part of the following recipients:
– persons authorized within Elsy Food (e.g. departments in charge of marketing, studies and analyses, consumer panels, customer service, litigation, accounting and tax affairs or IT and systems security information);
– payment service providers and recovery service providers for sums due under Orders;
– Elsy Food service providers and subcontractors (e.g. IT service providers, service providers working in the advertising sector);
– advertisers or partner brands, but in this case only data linked to the profile without the possibility of direct or indirect use, may be used by these advertisers
– the administrative or judicial authorities where necessary in the context of compliance with our legal obligations or to enable us to defend our rights and interests.

10.2.5 In accordance with the regulations on the protection of personal data resulting from Regulation No. 2016/679 of the European Parliament and of the Council, the Customer has a right to information as well as a right of access , rectification, deletion (unless they are necessary for the execution of the Order, or they are necessary for us to comply with our legal obligations or ascertain or exercise our rights) related to the data which concern him, as well as the right to define directives relating to the fate of said data after your death. Under the exercise of the right of access, Elsy Food may request the payment of reasonable costs based on administrative costs for any additional copy of the data.

10.2.6 The Customer also has a right to obtain the limitation of processing and a right to the portability of the Data provided which will apply in certain cases.
In addition, the Customer may request to exercise his right of opposition for reasons relating to his particular situation, to specific processing of personal data when the processing is based on the legitimate interest of the controller, including profiling. In the event of the exercise of such a right of opposition, Elsy Food will cease the processing except when there are legitimate and compelling reasons for the processing which prevail over the interests and rights and freedoms of the person concerned or for the observation , the exercise or defense of legal claims. The Customer may also object to any processing related to prospecting (including profiling related to such prospecting), or withdraw his consent at any time, (withdrawal of consent having no effect on the lawfulness of the processing carried out before the withdrawal of consent).
To exercise these rights, the Customer must write to Elsy Food:
– by mail: ELSY FOOD 9 rue Bellenot 92700 Colombes Francer,
– by e-mail: contact@iamelsy.fr

We also inform you of the existence of the “Bloctel” telephone canvassing opposition list, managed by Opposetel, on which you can register for free here: https://conso.bloctel.fr/.

the Customer can also lodge a complaint with the CNIL 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07. Tel: 01 53 73 22 22).

11. COOKIE MANAGEMENT

11.1 The use of cookies during your visit to our Site
To enable users to benefit from the services offered such as consultation, registration for the services offered, video playback, etc., the optimization of its use and its personalization (in particular personalization) according to the user, the Site uses cookies. .

Unless the Customer decides to disable cookies, he accepts that the Site can use them. He can deactivate these cookies at any time using the deactivation possibilities offered to him, knowing that this deactivation may reduce or prevent accessibility to all or part of the Services offered by the Site.

11.2 Cookies: definition and usefulness
When consulting the Site, information relating to the navigation of the Customer's terminal (computer, tablet, smartphone, etc.) on the Site may be saved in text files called "cookies", installed on their browser. Cookies will be used to recognize the Customer's browser during the period of validity of the cookie concerned. Only the issuer of the cookie concerned is likely to read or modify the information contained therein.
Some cookies are essential for the use of the Site, others make it possible to optimize its use and to personalize the contents displayed, thus cookies make it possible to:
– measure and analyze the frequentation and use of the Site, its sections and services offered, making it possible to carry out studies and improve the interest and ergonomics of the Site and the services offered;
– memorize the display preferences of the Customer's browser (language used, display settings, operating system used, etc.) and adapt the presentation of the Site during his visits, according to the hardware and software for viewing or reading contained in the Customer's terminal and which are used for navigation on the Site;
– memorize information relating, for example, to a form that the Customer has completed or to a service (registration, access to your account) or information that he has chosen (subscribed services, contents of his basket);
– allow the Customer to access reserved areas of the Site or Elsy Food services, such as his personal account, using identifiers or personal data concerning the Customer previously communicated, and allowing him, if necessary, to access personalized content;
– implement security measures;
– limit the number of advertisements displayed;
– adapt the advertising content inserted on the Site to its centers of interest and, possibly, with a connection to a locality (eg: list of the nearest stores);
– adapt and send to the Customer personalized advertisements which are specifically intended for him by means of electronic prospecting or by display on the terminal within advertising spaces via the recognition of one of the Cookies that Elsy Food issues. This by means of the Data that the Customer communicates in particular when registering or accessing one of the services of Elsy Food and its use, with which the Cookies that Elsy Food issues are associated.
– When the Customer accesses a third-party site containing advertising spaces broadcasting one of Elsy Food's advertisements, this announcement may be sent to the Customer via the recognition of one of the Cookies that Elsy Food would have previously placed on his browser. These cookies can be set by technical service providers.

11.3 Cookies placed by a third party on areas of the Site
The Site may contain cookies issued by third parties (communication agency, audience measurement company, targeted advertising provider, etc.) allowing them, during the period of validity of their cookies, to:
– collect browsing information relating to browsers consulting the Site,
– determine the advertising content likely to correspond to the Customer's centers of interest in order to send him targeted advertising, with regard to his browsing history collected by the third party.
The issuance and use of Cookies by these companies are subject to their own terms of use.

11.4 Cookies integrated into third-party applications on the Site
Elsy Food is likely to include computer applications from third parties on its Site, which allow it to share Site content with other people or to inform these other people of the Customer's consultations or his opinions concerning a content of the Site. This is particularly the case with the “Share” and “Like” buttons from social networks such as Facebook, Instagram, Twitter, etc.
The social network is likely to identify the Customer using this button, even if the Customer did not use it when consulting the Site. This type of application button can allow the social network concerned to follow the navigation on the Site, simply because the social network account is activated on the browser (open session) of the Customer during his navigation on the Site.

Elsy Food has no control over the process used by social networks to collect information relating to the Customer's browsing on the Site and associated with the personal data they have. Elsy Food recommends that the Customer consult the conditions of use of their data on these social networks to find out about the purposes of use, in particular advertising, the navigation information that they can collect thanks to these application buttons. The Customer should ensure that the conditions of use of these social networks allow him to supervise and restrict the use of his data by these social networks, in particular by setting up his user accounts with them.

11.5 Sharing the use of your terminal with other people
If the Customer's terminal is used by several people and when the same terminal has several navigation software, Elsy Food cannot ensure with certainty that the services and advertisements intended for the Customer's terminal correspond to its own use. of this terminal and not to that of another user of this terminal.
The sharing with other people of the use of your terminal and the configuration of your browser settings with regard to Cookies are the free choice of the Customer and his responsibility.

11.6 Management and use of cookies

The Customer can manage and modify the use of cookies at any time from his browser software.
The settings that the Customer makes are likely to modify his browsing on the Internet and his conditions of access and use of certain services of the Site which require the use of cookies.

12. INTELLECTUAL PROPERTY

12.1 The texts and graphic elements, their assembly on the Site, and the Site itself are the exclusive property of Elsy Food and are protected under applicable copyright law. The trademarks, logos, distinctive signs of Elsy Food are protected under the attached intellectual property rights.

12.2 Any reproduction, downloading, copying, modification, commercial use, total or partial, of the various elements of the Site is prohibited.

12.3 Elsy Food prohibits any affixing of a hypertext link to the Site. A Customer wishing to place a link on his personal website directly to the home page of the Site must first request the express authorization of Elsy Food.

13. OPERATION OF THE SITE

13.1 Elsy Food is only bound by an obligation of means with regard to the operation and continuity of the Site. Elsy Food cannot under any circumstances guarantee its uninterrupted operation.

13.2 Elsy Food cannot be held responsible for interruptions or slowdowns of the Site or damage related to:
– fraudulent intrusion or maintenance by a third party in the Site, or illicit extraction of data, despite the implementation of security means in accordance with current technical data;
– access speeds to the Site, in particular from other websites, speeds of opening and consulting the pages of the Site, external slowdowns, suspension or inaccessibility of the Service;
– the fraudulent use by the Customer or third parties of all the information made available on the Site;
– facts due to a case of force majeure, to an administrative authority, or facts of third parties, as defined by case law and in particular the public or private Internet network which may, if necessary, lead to the suspension of access to the Site,
– if the service offered by the Site proves to be incompatible or malfunctions with certain software, configurations, operating systems or equipment of the Customer.

13.3 The Customer is solely responsible for the use of the service offered by the Site and the information or content to which he accesses.

13.4 It is the Customer's responsibility to protect his technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion and to make all backups of his data, the Site cannot be held responsible for this.

13.5 The Site reserves the right to make any changes and improvements it deems necessary or useful.

13.6 The Site may contain hypertext links to other websites, subject to their own rules of use and in particular concerning the use of the Customer's personal data. The Site makes no commitment regarding these other websites to which the Customer may have access via the Site.

14. MISCELLANEOUS

14.1 Modification of the T&Cs
Elsy Food reserves the right to adapt or modify the T&Cs at any time and without notice, the adaptations or modifications are applicable to all orders subsequent to these adaptations or modifications.
In the event of modification, the T&Cs applicable to the Customer's order are those which were online, accepted by the Customer on the day of placing his order.

14.2 Partial invalidity
In the event that one or more stipulations of the GCS are considered illegal or unenforceable by a competent court, the other stipulations will remain in force and will retain their scope and effect.

14.3 Convention on evidence
Acceptance of the GCS electronically has, between the parties, the same probative value as the agreement on paper.
The information provided by the Site is authentic between the parties. The computerized registers will be kept in Elsy Food's computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Website or by e-mail.
It is expressly agreed that Elsy Food and the Customer may communicate with each other electronically or by telephone via the Site's Customer Service. Technical security measures are provided to ensure the confidentiality of the data exchanged.
Elsy Food and the Customer agree that the e-mails exchanged between them validly prove the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of orders.

14.4 Storage and archiving
The archiving of the contractual documents is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy which can be produced as proof.

14.5 Waiver
The fact that Elsy Food or the Customer does not exercise any of its rights under the T&Cs does not constitute a waiver on its part of this right and the right to exercise it later, such a waiver can only proceed from a express statement.

14.6 Force Majeure
The execution by Elsy Food of all or part of its obligations, in particular delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
Events of force majeure are deemed to be those which, unforeseeable and irresistible, make it impossible to execute the contract of sale under the conditions provided for.
Elsy Food will inform Customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Customer will have the possibility of canceling the order in progress, and the price of the Products ordered and the delivery costs paid will then be reimbursed.

15. APPLICABLE LAW/CLAIMS, MEDIATION AND DISPUTES

15.1 The T&Cs are subject to French law.

15.2 In the event of difficulty arising during the Order, the delivery of the Products and more generally the execution of the sale, the Customer will have the possibility, before any legal action, to seek an amicable solution.
In this respect, it is recalled that in accordance with Article L.612-1 of the Consumer Code, "Any consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between them to a professional.

15.3 Any dispute that may arise from the interpretation or execution of the GCS and its consequences will be brought before the competent courts.