GENERAL TERMS AND CONDITIONS OF SALE

1. PARTIES

These General Terms and Conditions of Sale (hereinafter the «GTCS») govern the contractual relationship between :

1. The company SIAS Alsace, Société par Actions Simplifiée (SAS), with a share capital of €9,600,000.00, registered in the Amiens Trade and Companies Register under number 949 971 386, whose registered office is located at Rue du Champ Macret 80700 Roye, and whose intra-community VAT number is FR44949971386 (hereinafter the «Seller» or «SIAS Alsace»).
2. Any natural person of legal age or legal entity acting as a consumer within the meaning of French consumer law, who makes a purchase of Products via the Vendor's Internet Site (hereinafter the «Customer» or the ’Buyer«).

The Seller and the Customer are hereinafter collectively referred to as the «Parties».

2. PREAMBLE

SIAS Alsace is a company specialising in the production and sale of Asian food products, particularly Korean-style ramen under the brand « Choi’s ». The Seller operates an e-commerce website accessible at https://choisfood.com/ (hereinafter the « Website »), which allows for the online sale of its dried Products to Customers.

These T&Cs aim to define the rights and obligations of the Parties within the framework of the online sale of Products offered by the Seller on the Site. They apply, without restriction or reservation, to all sales concluded between the Seller and the Customer.

Any order placed on the Site implies full and entire acceptance of these General Terms and Conditions by the Customer, who acknowledges having read them prior to validating their order. The Customer must tick a box to accept these General Terms and Conditions before validating any order.

3. DEFINITIONS

4. SUBJECT

The purpose of these GCS is to define the terms and conditions of the online sale of Products by the Vendor to Customers, from the Order to payment and delivery, and to set out the rights and obligations of each Party.

5. PRODUCTS

5.1. Product characteristics

The Products offered for sale are Korean-style ramen (or instant noodles), available in pouches or cups, marketed under the «Choi's» brand. The essential characteristics of the Products, including but not limited to their composition, allergens, additives, origin, best-before date (DDM), and storage conditions, are presented on the Site on the descriptive sheet for each Product. The Seller must ensure that this information complies with current regulations.

The Best Before Date for the Products is 6 (six) months from their manufacture. The Seller guarantees a Best Before Date of 6 (six) months upon receipt of the Products by the Customer. Recommended storage conditions require an ambient temperature below 25°C in a cool, dry place.

5.2. Product availability

Product offers are valid as long as they are visible on the Site and within the limit of available stocks. In the event that a Product is unavailable after the Order has been placed, the Vendor shall inform the Customer by e-mail as soon as possible. The Customer's Order shall then be cancelled and the corresponding amount shall be refunded to the Customer. The Vendor shall not make any Product substitutions in the event that a Product is out of stock.

6. PRICES AND TERMS OF PAYMENT

6.1. Prices

The prices of the Products are indicated in Euros (€) and are inclusive of all taxes, including the VAT applicable on the Day of the Order. The prices displayed do not include delivery charges, which are invoiced in addition and are indicated to the Customer before the Order is validated. The Vendor reserves the right to modify its prices at any time, it being understood that the price invoiced to the Customer shall be that in force at the time the Order is validated.

6.2. Delivery charges

Delivery costs are calculated on the basis of the value of the Order, the weight of the Products and the delivery method chosen by the Customer. The exact amount of the delivery charges will be displayed before the Order is validated by the Customer.

6.3. Terms of payment

Payment for Orders is made exclusively in Euros. The Customer may pay for their Order by bank card (Carte Bleue, Visa, Mastercard), Apple Pay or Google Pay. Bank transfers are not accepted. Payment is secured by the payment service provider Stripe.

Payment must be made in full at the time of the Order. No Order will be dispatched before receipt and validation of full payment. The Seller does not offer specific payment terms (deposit, deferred payment).

6.4. Billing

A detailed invoice will be sent to the Customer in PDF format by e-mail to the address given at the time of the Order, once payment has been validated and the Products have been dispatched.

6.5. Promotional offers and gift cards

The Seller may offer specific promotional deals, particularly for Products with a short 'Use By' date. These offers will be clearly indicated on the Site and subject to specific conditions. The Seller may also issue discount gift cards or gift cards for presents.

7. ORDER

7.1. Ordering process

To place an Order, Customers must complete the following steps on the Site:

1. Select the Products and add them to the basket.
2. Go to the basket and check the details of the Order (Products, quantities, prices).
3. Identify themselves either by logging into their Customer Account, creating a Customer Account or placing an Order in guest mode.
4. Enter delivery and billing information.
5. Read and accept these GTC by ticking the appropriate box.
6. Choose your payment method and proceed to payment.
7. Confirm the Order.

Validation of the Order by the Customer implies irrevocable acceptance of the prices and descriptions of the Products available for sale, as well as of these GTCS.

7.2. Order Confirmation

Once payment has been confirmed, the Vendor shall send the Customer, by e-mail, an Order confirmation summarising the details of the Order. This confirmation shall constitute proof of the transaction between the Vendor and the Customer.

8. DELIVERY

8.1. Delivery area

Delivery of Products is limited to mainland France only. The Seller reserves the right to extend the delivery zone to other European Union countries at a later date.

8.2. Delivery methods

Deliveries are made by the Seller's partner carriers, in particular via Packlink (relay points, Colissimo, UPS). The Customer must choose the delivery method when placing the Order.

8.3. Delivery times

The average delivery time is 8 (eight) Working Days from the date of confirmation of the Order. This time is indicative and may vary depending on the destination and the delivery method chosen. In the event of late delivery, the Vendor shall inform the Customer as soon as possible.

8.4. Receipt of Products

The Customer must check the condition of the Products delivered on receipt. In the event of damaged, non-conforming or contaminated Products, the Customer must refuse delivery or make precise and substantiated reservations on the carrier's delivery note. The Customer must also inform the Vendor's Customer Service Department at the following address quality@choisfood.com within five (5) days of receipt.

8.5. Transfer of risk

The transfer of the risks of loss or damage to the Products takes place when the Customer (or a third party designated by the Customer) takes physical possession of the Products. The Seller is responsible for the proper execution of the delivery.

9. RIGHT OF WITHDRAWAL AND RETURNS

9.1. Right of withdrawal

In accordance with Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days to exercise their right of withdrawal, without having to justify their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25 of the Consumer Code.

The withdrawal period begins on the day of receipt of the Product(s) by the Customer or a third party, other than the carrier, designated by them. In the case of an Order for several Products delivered separately, the period begins on receipt of the last Product.

To exercise their right of withdrawal, the Customer must notify the Seller of their decision to withdraw by means of an unambiguous statement, notably by using the model withdrawal form below, sent by email to quality@choisfood.com or by post to:

SIAS Alsace

12 route de la Mazière

67130 WIPERS.

The Customer must return the Products to the Seller, without undue delay and no later than fourteen (14) days following the communication of their decision to withdraw. The Products must be returned in their original packaging, unopened, complete, and in perfect condition. The return costs are to be borne by the Customer.

In the event of the right to withdraw being exercised, the Seller shall reimburse the Customer all sums paid, including delivery costs (with the exception of additional costs arising from the Customer’s choice of a delivery method other than the least expensive method offered by the Seller), without undue delay and at the latest within fourteen (14) days from the date on which the Seller is informed of the Customer’s decision to withdraw. The Seller may defer reimbursement until receipt of the returned Products or until the Customer has provided proof of their dispatch, whichever of these events occurs first.

9.2. Defective or non-conforming products

In the event of delivery of defective Products, non-conforming to the Order, or contaminated, the Customer must inform the Seller's Customer Service as soon as possible, and at the latest within five (5) days of receipt. The Customer must return the defective or non-conforming Product to the Seller's Customer Service, according to the procedures communicated to them.

Following verification by the Seller, if the defect or non-compliance is confirmed, the Seller shall be obliged to replace the Products or refund the Customer the price of the Products concerned, as well as the delivery costs and return costs incurred by the Customer. The costs of returning defective or non-compliant Products shall be borne by the Seller.

10. GUARANTEES

10.1. Legal warranties

All Products supplied by the Vendor are automatically and without additional payment, in accordance with the legal provisions :

1. The legal guarantee of conformity, for Products that appear to be defective, damaged or that do not correspond to the Order.
2. The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for the use for which they are intended.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The Customer may decide to invoke the warranty against hidden defects in the item sold as defined in article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.

10.2. Exclusion of additional commercial warranties

The Seller does not offer any additional commercial guarantees beyond the legal guarantees mentioned above.

11. LIABILITY

11.1. Limitation of the Seller's liability

The Seller shall not be liable for non-performance or improper performance of the contract due to the Customer's actions, or the unforeseeable and unavoidable actions of a third party to the contract, or a force majeure event as defined in Article 15 of these General Terms and Conditions.

The Seller's liability is strictly limited to the value of the Products sold and shall not be liable for indirect damages, including without limitation loss of profit, loss of custom, loss of data, or any other intangible damage, even if the Seller has been informed of the possibility of such damages.

11.2. Liability for defective products

The Seller is liable for any damage caused by a defect in its Products, in accordance with the legal provisions in force, in particular Articles 1245 et seq. of the Civil Code. The Seller must ensure that its Products comply with the safety and quality standards applicable to foodstuffs.

12. CUSTOMER SERVICE AND COMPLAINTS

For any questions, information or complaints, the Customer may contact the Seller's Customer Service:

• By e-mail to : quality@choisfood.com
• By post to the following address: SIAS Alsace, BP 10009, 67132 SCHIRMECK

The Seller must undertake to respond to any complaint within 10 (ten) Working Days of receiving it.

13. PERSONAL DATA AND COOKIES

13.1. Collection and processing of personal data

The Seller, as data controller, collects and processes the personal data of the Customer necessary for order management, product delivery, invoicing, customer service management, and commercial prospecting. The data collected includes, but is not limited to: surname, first name, postal address, email address, telephone number, and, optionally, gender and date of birth (for the potential sending of promotional offers).

This data is collected via the Site, notably when a Customer Account is created or during an order as a guest. The Seller uses the WooCommerce e-commerce solution for the management of its Site and the collection of customer data.

The Customer's personal data is shared with third-party providers for the performance of services, in particular:

• Packlink, for logistics and delivery services.
• Stripe, for invoicing and payment management.

The Seller undertakes to protect the Client's privacy by ensuring the confidentiality and security of the personal data collected. Personal data is retained for the legally required duration to fulfil the purposes for which it was collected, and in accordance with legal obligations.

In accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act, the Customer has the right to access, rectify, erase, restrict, object to, and port their personal data. The Customer may exercise these rights by contacting the Seller's Customer Service at the contact details mentioned in Article 12.

13.2 Cookies

The Site uses cookies and other tracers. A cookie is a small text file stored on the Client's device (computer, tablet, smartphone) during their visit to the Site. Cookies can be used for the operational purposes of the Site, for navigation analysis and audience measurement, for securing transactions, for personalising the user and shopping experience, or for advertising targeting.

Certain cookies are strictly necessary for the operation of the Site and for the benefit of its essential functionalities, in particular the management of the shopping basket, the memorisation of user choices (language, session, interface), secure access to the customer account, fraud prevention and payment security. Their deposit does not require the prior consent of the user.

Others, particularly audience measurement and performance cookies, require the User's prior consent in accordance with applicable regulations. The Client can therefore manage their cookie preferences via the cookie consent banner displayed on their first visit to the Site, or via their browser settings.

The Site uses the audience measurement tool Google Analytics, provided by Google LLC, to analyse traffic and usage of the Site, to establish statistics and improve the services offered, to understand the performance of the Site and to analyse purchasing behaviour.
These cookies are only deposited after obtaining the user's prior consent, via the cookie management banner. The data collected may include: pages viewed, products viewed, time spent on the Site, interactions with the basket, technical data of the terminal and browser.

The user is informed that Google may process this data as a data processor for the controller or, in certain cases, as an independent controller, in accordance with its own privacy policy. Some data may be transferred to the United States.

The user can withdraw their consent at any time by accessing the cookie management module accessible on each page of the Site.

The user can configure their choices at any time via:

• the cookie management module available on the Site; ;
• your browser settings.

The refusal of certain cookies may degrade certain functionalities of the Site.

Cookies are stored for a maximum of 13 months from their deposit. The information collected via these cookies is kept for a maximum of 25 months, in accordance with the recommendations of the CNIL.

14. INTELLECTUAL PROPERTY

The brand «Choi's», as well as all brands, illustrations, images, and logos appearing on the Products, the Site, and the Seller's commercial documents, are and shall remain the exclusive property of the Seller or its partners. Any total or partial reproduction, modification, or use of these brands, illustrations, images, and logos, for any reason and on any medium whatsoever, without the Seller's express and prior agreement, is strictly prohibited.

The content of the Site (texts, images, videos, sounds, databases, etc.) is the property of the Seller and is protected by French and international laws relating to intellectual property. Any partial or complete reproduction, representation, adaptation, translation and/or modification, or transfer to another site is strictly prohibited.

15. FORCE MAJEURE

The Parties shall not be held liable for any failure or delay in the performance of their obligations under these T&Cs if such failure or delay results from a force majeure event. Force majeure means any unforeseeable, irresistible, and external event beyond the control of the Parties, as defined by Article 1218 of the French Civil Code and the case law of French courts, including without limitation natural disasters, strikes, pandemics, wars, riots, fires, floods, IT or telecommunications failures, transport blockages, governmental or legal restrictions.

The Party affected by a force majeure event must inform the other Party without delay. The obligations of the Parties shall be suspended for the duration of the force majeure. If the force majeure event continues for more than 30 (thirty) days, these T&Cs may be terminated by either Party, without compensation, by registered letter with acknowledgment of receipt.

16. DIVISIBILITY

If one or more of the stipulations of these GCS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

17. TRANSFER

The Customer may not assign or transfer the rights and obligations arising from these GCS without the Vendor's prior written consent.

18. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions and the transactions resulting from them shall be governed and interpreted in accordance with French law. This shall also apply to sales made to Customers located in other European Union countries.

In the event of a dispute, the Parties shall endeavour to find an amicable solution. In accordance with Article L. 612-1 of the French Consumer Code, the Customer may use the services of a consumer mediator free of charge for the purpose of an amicable resolution of the dispute. The Seller must provide the contact details of the mediator it has appointed on its Website as soon as it is operational.

In the absence of an amicable resolution, any dispute relating to the validity, interpretation, performance or termination of these T&Cs shall be submitted to the competent French courts. For disputes with a consumer Client, the competent courts shall be those of the defendant's place of domicile or the place of actual delivery of the Products.

19. ENTIRE AGREEMENT

These GCS, together with the Order confirmation, constitute the entire agreement between the Parties and supersede all prior communications, proposals and agreements, whether written or oral, relating to the subject matter hereof.

20. SURVIVAL OF PROVISIONS

The provisions of Articles 11 (Liability), 13 (Personal Data and Cookies), 14 (Intellectual Property), 18 (Applicable Law and Jurisdiction) and 19 (Entire Agreement) shall be deemed to survive the termination or expiry of these GTC for any reason whatsoever.

21. NOTICES

Any notice or communication required or permitted to be given under these T&Cs must be in writing and will be deemed to have been duly given if sent by e-mail, by registered letter with acknowledgement of receipt, or by any other means of communication that allows receipt to be acknowledged, to the following addresses:

• For the Seller :
  • E-mail address : quality@choisfood.com
  • Postal address: SIAS Alsace, BP 10009, 67132 SCHIRMECK
• For the Customer: To the e-mail and postal addresses given at the time of the Order or in the Customer Account.