General conditions of sale. General conditions of sale.

Preamble

This Preamble forms an integral part of the General Conditions of Sale.

Article 1. Parties to this Act

Between the undersigned:
1° OKR Company, a simplified joint-stock company with capital of 13,335 euros, registered with the Paris Trade and Companies Register under number 821 239 878, whose registered office is located at 231 rue Saint Honoré, 75001 Paris, and having VAT number FR59821239878. Hereinafter referred to as the “Seller”,
On the one hand, And 2° Any natural person wishing to make a purchase on the Seller's website.
Hereinafter referred to as the “Buyer”,
On the other hand, it was stated and agreed as follows:

Article 2. Purpose

The Seller's business includes the production and online sale of "smart" food products (hereinafter "the Product"), providing an alternative to "traditional" food. The Buyer and the Seller agree that their relationship and access to and use of the website www.okr.fr (hereinafter "the Site") will be governed exclusively by:
- These General Conditions of Sale, to the exclusion of all conditions and that they will prevail, where applicable, over any other version or any other document
- The Privacy Policy
- Legal Notices
- Applicable laws and/or regulations.

The General Terms and Conditions of Sale, the Privacy Policy and the Legal Notices of the Site are made available to consumers on the Seller's Site where they can be consulted directly. The Privacy Policy (here) and the Legal Notices (here) are an integral part of these General Terms and Conditions of Sale. The acquisition of a Product on the Seller's site implies the Buyer's knowledge and unreserved acceptance of these General Terms and Conditions of Sale in force on the day of the order, the conservation and reproduction of which are ensured by the Seller. Each Buyer undertakes to respect the purpose of the Site and not to use it in a way that diverts it from its purpose of online sale of Products. The Seller reserves the right to modify its General Terms and Conditions of Sale at any time. In the event of modification, the applicable General Conditions of Sale are those in force on the date of the order by the Buyer, a dated copy of which may be provided to him upon request. The fact that the Seller does not claim the application of any clause of the General Conditions of Sale or acquiesces to its non-performance, whether permanently or temporarily, may not be interpreted as a waiver by the Seller of the rights arising for him from said clause. These General Conditions of Sale were updated on June 13, 2019. This edition cancels and replaces previous versions.

Article 3. Definitions

3-1. Seller : means the simplified joint-stock company OKR with capital of 13,335 euros, registered with the Paris Trade and Companies Register under number 821 239 878, whose registered office is located at 231 rue Saint Honoré, 75001 Paris, and having VAT number FR59821239878.
3-2. Buyer : means any natural person wishing to make a purchase on the Site
3-3. Product : means any product offered on the Site, within the limits of available stocks. Photographs cannot guarantee perfect similarity with the product offered.
3-4. Delivery : means the transfer to the Buyer of physical possession or control of the Product.
3-5. Site : means the infrastructure developed by the Seller according to the computer formats usable on the Internet including data of different types, and in particular texts, sounds, still or animated images, videos, databases, intended to be consulted by the Buyer to find out about its products and services and, where applicable, to make a purchase of the latter. The Site is accessible at the following address https://www.okr.fr).
3-6. Internet : refers to different networks of servers located in various places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.
3-7. Subscription : means the paid package offered by OKR in order to benefit from the service aimed at receiving, each month for a period chosen by the Customer (every month or every two months) food products. The user declares to have obtained from OKR prior to his Order all the information on the Services and their content necessary for it. He declares to be solely responsible for the choice of Services and the subscription to the Subscription as well as their suitability to his needs.

Article 4. Prices

The prices of the Products offered for sale on the Site are indicated in euros including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
All orders are payable in euros (€).
Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.
Likewise, if one or more taxes or contributions were to be created or modified, whether upwards or downwards, this change may be reflected in the sale price of the Products present on the Site.
In the event of an order to a country outside mainland France, the Buyer is then considered the importer of the Product concerned, and customs duties or local taxes or import duties or state taxes may then be required. These duties or taxes are the responsibility and sole liability of the Buyer, both in terms of declarations and payments to the competent authorities and bodies.
The Seller reserves the right to modify the prices of the Products offered for sale on the Site at any time. The Product will be invoiced by the Seller to the Buyer based on the price in effect at the time the order is validated and subject to availability of the Product.
The Seller undertakes to regularly check that all prices indicated on the Site are correct, without however being able to guarantee the absolute absence of errors. If an error in the price of an item should occur, the Seller will give the Buyer the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Buyer, the order will be considered canceled.

Article 5. Order and Subscription

The Buyer may browse the Site and order Products offered for sale on the Site, subject to availability. The Products comply with the requirements of French law in force at the time the Buyer orders them. When placing an order, the contractual information is presented by the Seller in French and is subject to confirmation by the Buyer at the latest upon validation of the order. In accordance with Article 6, only orders including a minimum of 12 meals, regardless of the number of Products, are possible on the Site. The “discovery pack” Product, including 5 meals, is not subject to this rule and can therefore be ordered alone. The Buyer who wishes to purchase a Product by placing an order must then complete an identification form on which he must indicate the following information:
- E-mail address
- First and last name
- Postal address
- Phone number
- Payment information

All data collected when placing an order is processed in accordance with Article 15. The Buyer in possession of a Customer Account (see Article 14) and wishing to purchase a Product by placing an order is exempt from completing the identification form (excluding payment information) and can therefore place an order more quickly.
In addition to individual sales, the Products are also offered by the Seller in the form of a periodic subscription (hereinafter the “Subscription”).

5.0. The regulations of a subscription available to the customer are as follows:
Regular delivery of ordered goods
Choice of different delivery intervals (1 month or 2 months)
The contract duration is unlimited and can be canceled at any time by contacting us directly by phone at 09 70 73 18 71 (Monday to Friday, 9 a.m. to 6 p.m., excluding public holidays). The cancellation request must be sent to OKR at least 3 days before the subscription renewal to take effect.
Packages are sent on the same day each month, starting from the day the subscription is taken out, provided that this day does not fall on a weekend.

5.1. The Customer can opt for 2 (two) forms of Subscription:
Monthly subscription of indefinite duration;
When subscribing to a Subscription, it is the Customer's responsibility to ensure that the Subscription meets their needs and choices.
The Subscription can be taken out as part of promotional operations set up from time to time by OKR. The conditions relating to these operations are described below:

5.2. Monthly subscription of indefinite duration
The Customer may subscribe to a monthly Subscription of indefinite duration. In this context, he will receive the products to which he has subscribed each month until the Subscription is terminated. In doing so, the Subscription is automatically renewed each month for an additional period of one (1) month, unless terminated by the Customer, under the conditions provided for in Article 5.3. below.
Payment for the Subscription will be made every month by debiting the Customer's personal account provided when placing their Order.

5.3. Termination/Term of Subscription
The Customer may terminate the Monthly Subscription of indefinite duration at any time, this type of Subscription being without commitment of duration, by telephone at 09 70 73 18 71 (Monday to Friday from 9 a.m. to 6 p.m.). The termination request must be sent to OKR at least 3 days before the renewal of the subscription to take effect.

5.4. Payment terms
If the Customer subscribes to a Subscription, the Products will be delivered to the Customer monthly and payment will be collected at the start of each Subscription period. The Customer must ensure that they have sufficient funds to cover the payment of the Subscription. If they change their payment method during the Subscription, the Customer must ensure that they update their information on their customer account. Otherwise, the Subscription will be stopped or suspended by the Seller.
In the event of an inability to debit the amounts due in payment of the order, for whatever reason, the order will be cancelled or the Subscription stopped or suspended, without prejudice to any damages that the Seller may claim to compensate for its loss.
The Customer must also update their address if they move during the Subscription. The Seller will not be liable if the Customer fails to update their address if they move. The cost of a second delivery of any order under a Subscription that must be returned due to the Customer not updating their delivery address will be charged to the Customer. Payment for the Services is made by credit card (Bleue, Visa, Mastercard). Payments made will be secured by a data encryption procedure to prevent interception of this information by a third party.
Payments made by the Customer are considered final after actual collection of the sums.
OKR cannot be held responsible in the event of fraudulent use of payment methods used on the Site or in the event of an error due to the payment system.
Each Renewal is subject to the withdrawal of the amount corresponding to the subscription from the Member's bank account.
In the event of a direct debit refusal, for whatever reason, the Member must regularize their situation. Otherwise, the next Renewal cannot be assured and the Service will be suspended by OKR.

Article 6. Validity and validation

Any order for Products on the Site by the Buyer implies full and complete acceptance by the Buyer and the Seller of these General Terms and Conditions of Sale, without exception or reservation. Only orders with a minimum value of €35 may be validated. "Pack" products, comprising an assortment of products, are not subject to this rule and can therefore be ordered individually. A summary of the Product order is communicated by the Seller to the Buyer at the email address indicated on the Buyer's identification form when ordering. The summary of the Product order includes the following information:
- a summary of the Products ordered,
- the price,
- the date and time of the order,
- the date or time by which the Seller undertakes to deliver the goods, the delivery costs,
- the payment method chosen by the Buyer
- the withdrawal period available to the Buyer and the form allowing them to exercise it.

The Buyer must check the contents of the summary as soon as possible and immediately report any errors or omissions to the Seller. The order confirmation constitutes signature and acceptance of the transaction by the Buyer and the Seller. The recorded confirmation of the product order and all data transmitted during the order constitute proof of the transaction in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technology and relating to electronic signatures, and constitute the due date for the amounts committed by the order. However, in the event of fraudulent use of his bank card, the Buyer is invited, as soon as such use is discovered, to contact the Seller's customer service as soon as possible. It is expressly agreed that, except in the event of manifest error on the part of the Seller, the data stored in the Seller's computer systems, under reasonable security conditions, have probative force with regard to the orders placed by the Buyer. Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same probative force as any document that would be established, received or kept in writing. The Seller undertakes to honor orders for Products received on the Site and validated only within the limits of available product stocks. In the event of unavailability of products, the Seller undertakes to inform
the Buyer as soon as possible in accordance with Article 8. The Seller reserves the right to refuse any order if the quantities of products ordered are abnormally high for Buyers with consumer status.

Article 7. Payment

Validation of the order for Products implies for the Buyer the obligation to pay the price indicated on the order confirmation. The Buyer must pay for their purchases online at the time of ordering by credit card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard) or by Paypal, a highly secure web payment infrastructure certified PCI level 1.

The Buyer also has the option of choosing to pay in three installments via ALMA from €99 of purchase, only for France and excluding subscriptions.
If the Buyer wishes to pay for their order in installments, they accept Alma's General Conditions of Use and you confirm that you have read Alma's Privacy Policy .

Article 8 – Availability

The Products are offered by the Seller on the Site within the limits of available stocks and their possible expiry date. For Products not in stock, offers are valid subject to availability. In the event of unavailability of a Product after placing and validating an order, the Seller will inform the Buyer by email as soon as possible. The Buyer's order may then, at their discretion, be cancelled and no bank debit will then be made by the Seller, or put on hold while the Product is restocked by the Seller.

Article 9. Transfer of ownership

The products remain the sole property of the Seller until full payment of the price by the Buyer. The transfer of ownership of the pre-ordered or ordered Product occurs upon physical transfer of the Product to the Buyer, the risks of loss or damage to the products are then also immediately transferred from the Seller to the Buyer.

Article 10. Delivery

Delivery is made to the address indicated in the Buyer's order form. The Buyer must indicate his or her address and postal code very precisely, as well as any other information relevant to the delivery, without using any abbreviations. Only Deliveries within the European Economic Area are possible. If you wish to have your order delivered outside the European Economic Area, the Buyer is invited to contact the Seller. The Delivery times indicated on the Site are usual average times. The Seller will endeavor to respect these times. The order dispatch time varies depending on the Delivery method chosen by the Buyer. The products are delivered by the Seller to the delivery address indicated by the Buyer during the order process, within the time indicated on the order confirmation page. In the event of a delay in dispatch, an email will be sent to the Buyer to inform him or her of any possible impact on the indicated delivery time. The cost of Delivery for France is set at €7.90 per order, regardless of the number of Products concerned and the delivery address indicated in the Buyer's order form. Deliveries are free in France from €70 of purchases and in the rest of the European Economic Area from €70 of purchases. A specialized logistician is in charge of deliveries, in order to ensure the best possible service. After payment of the order, the latter will send the Buyer an email with the tracking number of the package to the email address indicated. In the event of an undue delay in delivery, the Buyer has the option of canceling the order under the terms and conditions defined in Article L 216-2 of the Consumer Code. If in the meantime the Buyer receives the product, he must return it to the Seller in its original packaging and without damage as soon as possible. In the event of delivery by carrier, the Seller cannot be held responsible for late delivery due exclusively to the unavailability of the Buyer after several proposed appointments. At the time of Delivery of the Product, the Buyer is required to check:
That the number of packages delivered corresponds to the information on the transport document and the invoice;
That the packaging is intact, not damaged, wet or altered in any way, including the materials used to close the package.
The Buyer must immediately report any damage to the packaging and/or the Products or any error in the number of packages or non-compliance with the instructions, by adding a written control reservation on the proof of Delivery. After signing the Delivery slip, the Buyer may not raise any dispute regarding the external appearance of the Delivery. In the event of delivery by tracked parcel, the Seller will apply the rates in force at the Post Office on the day of the order.

Article 11. Resolution

The order for Products may be cancelled by the Buyer in the event of:
- Delivery of a product that does not conform to the declared characteristics of the product;
- A price increase which is not justified by a technical modification of the product imposed by the public authorities.
The order for Products may be cancelled by the Buyer in the event of:
- Delivery exceeding the deadline set in the purchase order or, failing such a date, within thirty days following the conclusion of the contract, after the Seller has been ordered, in the same manner and without result, to carry out the Delivery within a reasonable additional period;
The order of Products may be terminated by the Seller in the event of:
- Refusal by the Buyer to take Delivery;
- Non-payment of the price at the time of order validation.

Article 12. Withdrawal

In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a period of fourteen (14) days from the date of receipt of the Products ordered to withdraw without having to provide reasons or pay penalties, with the exception of return costs which are their responsibility.
In the event that the package has not been collected by the Buyer at the collection point, a return fee of €9.90 (which is the responsibility of the Buyer) will be deducted from the refund.
To exercise his right of withdrawal, the Buyer must inform the Seller by email (service.clients@okr.fr) or by the online contact form ( here ) .
In the case of an exchange of Products, reshipping will be at the Buyer's expense: a promotional code for the amount of the returned products will then be communicated to the Buyer's email address so that the Buyer can recommend the desired products instead of those returned.
Any return must be reported in advance to the Seller's customer service:
- by email: service.clients@okr.fr
- by telephone: +33 970 731 871 (cost of a local call)
Returns must be made in their original condition and complete (products, packaging, accessories, instructions), with the purchase invoice as soon as possible and, at the latest, within fourteen days following the communication of the decision to withdraw. Returns must be made to the following address: DISPEO, RETOUR OKR, PAE DU HAUT VILLE, RUE HIPPOLYTE BAYARD, 60000 BEAUVAIS.
Any damage to the product during its return is the responsibility of the Buyer and may invalidate the right of withdrawal. The withdrawal method may only apply to the entire order.
If all the above conditions are met, the Seller will then reimburse the Buyer for the full amount paid, including delivery (standard delivery charges if invoiced on the order), upon receipt of the returned goods. The reimbursement will be made using the same means of payment as that used by the Buyer during the initial transaction, unless the Buyer expressly agrees to use another means of payment and provided that the reimbursement does not incur any costs for the Buyer. However, the Seller is not required to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal provided for in the case of distance selling cannot be exercised in particular for contracts:
- Supply of goods likely to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the Buyer after Delivery and which cannot be returned for reasons of hygiene or health protection.
Since the labeling clearly establishes the presence or absence of allergens, the Company cannot be held responsible for any errors made by the Buyer regarding their intolerances or allergies to certain ingredients. Intolerance or allergy cannot therefore be used as a basis for a refund outside the legal withdrawal periods.
No order cancellation may take place outside of the exercise of the right of withdrawal according to the terms above.

Article 13. Guarantees

All Products offered for order by the Seller on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects. All complaints, requests for exchange or refund must be made by post within 30 days of delivery. The products must be returned to us by the Buyer in the condition in which they were received with all elements (accessories, packaging, instructions, etc.), as well as with the invoice proving payment. The shipping costs will be reimbursed to the Buyer by the Seller on the basis of the invoiced rate and the return costs will be reimbursed to the Buyer by the Seller upon presentation of supporting documents. The provisions of this article do not prevent the Buyer from benefiting from the right of withdrawal provided for in Article 12.

Article 13.1. Warranty against hidden defects

The Products offered on the Site are subject to the warranty against hidden defects set out in Articles 1641 et seq. of the Civil Code: Article 1641 of the Civil Code: “The Seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would only have paid a lower price for it, if he had known of them.” The action resulting from hidden defects must be brought within two years of the discovery of the defect.

Article 13.2. Legal guarantee of conformity

The Products offered on the Site are also subject to the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code: Article L.217-4 of the Consumer Code: “The Seller delivers goods that conform to the contract and is liable for defects in
conformity existing at the time of delivery. It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility. " The action resulting from the lack of conformity is prescribed within two years from the delivery of the Product. The legal guarantee of conformity applies independently of any commercial guarantee.

Article 14. Customer account

The Buyer, if he wishes, can create a customer account allowing him to access numerous advantages: order more quickly, save different addresses, track his orders, etc. To create a customer account, the Buyer must provide the following information:
- First and last name
- Email address
- Choosing a password

The Buyer has the option to create an account with their Facebook or Google account. All data collected when creating the customer account is processed in accordance with Article 15. The Buyer with a customer account is required to log in to place an order for Products on the Site. Furthermore, in accordance with Article 15 and the Seller's Privacy Policy, a customer account is automatically created for any Buyer ordering Products and who does not yet have a customer account. This customer account will then be essential for all future product orders. If the account becomes inaccessible to its holder, the latter may notify the Seller's services by contacting customer service.

Article 15. Personal data

In accordance with the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Buyer's personal information may be subject to automated processing by the Seller. The processing of certain personal data of the Buyer is mandatory to order the Products, but also to create a customer account and subscribe to the newsletter. For more information on the processing of the Buyer's personal data, the Buyer is invited to consult the Seller's Privacy Policy (here) which is an integral part of these General Terms and Conditions of Sale.

Article 16. Cookies

When browsing the Site, the Buyer is required to consent to the Seller's use of cookies. For more information on cookies, the Buyer is invited to consult the Seller's Privacy Policy (here), which is an integral part of these General Terms and Conditions of Sale.

Article 17. Intellectual Property

All elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, design marks and copyrights are and remain the exclusive property of the Seller. Unless otherwise stated, the intellectual property rights on the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who does not grant any license or any other right other than that of consulting the Site and ordering Products. The reproduction of any page or content of said Site by the Buyer or any third party is subject to prior written authorization from the Seller. The reproduction of all documents published on the Site is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited by the Seller. It is prohibited to use the trademarks, images or any other element over which the Seller holds intellectual property rights. It is also prohibited to copy, modify, create a derivative work, reverse engineer or reverse assemble or otherwise attempt to find the source code (except as provided by law), sell, assign, sublicense or otherwise transfer any right in the Site. It is also prohibited to modify the Site or use modified versions of the Site, including (but not limited to) to obtain unauthorized access to the Site and to access the Site by any means other than the interface provided to the Buyer by the Seller for this purpose. The Site and any software necessarily used in connection with it may contain confidential information protected by applicable intellectual property law or any other law. The Buyer who has a personal website and who wishes to place, for personal use, on his site a simple link referring directly to the Seller's site, must obligatorily request prior written authorization from the Seller who reserves the right to refuse it without specific reason. In all cases, any unauthorized link must be removed at the simple request of the Seller.

Article 18. Liability

The Products comply with current French legislation. The Seller shall not be held liable in the event of non-compliance with the legislation of a third country where the Product is delivered. It is the Buyer's responsibility to check with the local authorities the possibilities of importing or
of use of pre-ordered or ordered products. The Seller cannot be held liable for damages resulting from improper use of the Product by the Buyer or any third party. The nutritional composition of each Product being clearly displayed on the Site, on each order as well as on the Products, the Seller cannot be held liable for any intolerances or allergies of the Buyer. The Seller cannot be held liable for any inconveniences or damages inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses. The same applies to potential hypertext links present on the Site. Finally, the liability
The Seller's liability cannot be incurred in the event that the failure to perform its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law, or to the act of the Buyer (Article L. 221-15 of the Consumer Code).

Article 19. Force majeure

In the event of the occurrence of a force majeure event or a fortuitous event, due to the other party or a third party or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network, without this list being exhaustive, the liability of the Buyer or the Seller may not be sought if the execution of the contract is delayed or prevented.

Article 20. Archiving and proof

The Seller archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1360 of the Civil Code. The Seller's computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Article 21. Dispute

In the event of a dispute, the Buyer must first contact the Seller's customer service by email (service.clients@okr.fr) or by post (231 rue saint honoré 75001 PARIS). If the complaint request to customer service fails or if there is no response within two months, the Buyer may submit the dispute with the Seller to the FEVAD E-COMMERCE MEDIATOR SERVICE (http://www.mediateurfevad.fr/) which will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching a solution. The Buyer and the Seller remain free to accept or refuse recourse to dispute resolution by mediation as well as to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, the competent court to resolve the dispute is that of the defendant's place of residence or that of the place of actual delivery of the Product. The language of these General Terms and Conditions of Sale is French. These General Terms and Conditions of Sale are therefore subject to French law.

Article 22. Duration

These conditions apply for the entire duration of the Products offered for sale by the Seller.

Article 23. Domiciliation

The parties elect domicile at the addresses indicated on the order form for the Buyer and at the address appearing on the site for the Seller.

Article 24. Nullity

If any of the clauses of these General Conditions of Sale were to be found to be null and void under a rule of law in force or a final court decision, it would then be deemed unwritten, without thereby rendering the entire General Conditions of Sale null and void or altering the validity of its other provisions.