General terms and conditions of sale
Wild & the Moon is an organic food and restaurant concept based on vegetables, fruits and plants whose website https://www.wildandthemoon.fr/en/wild-the-moon-organic-cold-pressed-detox-juices-enriched-with-superfoods is published by WM Lafayette, a simplified joint stock company with a capital of 1000 €, whose head office is located at 25-27 rue des Gravilliers, 75003 Paris, and registered with the Paris Trade and Companies Register under the number 802 799 585
The company's contact details are as follows
WM Lafayette Company (Wild & The Moon)
25-27 rue des Gravilliers
75003 Paris
contact@wildandthemoon.com
Tel : +33 1 86 95 40 46
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale govern the contractual relationship between WM Lafayette (the "Seller") and any consumer client (the "Client") wishing to acquire the products offered for sale by the Seller (the "Products") on the website https://www.wildandthemoon.fr/en/wild-the-moon-organic-cold-pressed-detox-juices-enriched-with-superfoods (the "Site"). They specify in particular the conditions of order, payment and delivery of the Products ordered by the Customers.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document. Validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms of Sale.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website at the date of placing the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website.
ARTICLE 2 - Placing orders
The Products offered for sale on the Site are vegetable, fruit and plant-based products such as cold-pressed juices, smoothies, salads, desserts, soups and snacks. The main characteristics of the Products and in particular the composition, illustrations and particularities of the Products are presented on the Site. The Customer is required to read them before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability, as specified when the order is placed.
It is the Customer's responsibility to select the Products he/she wishes to order on the Site (the "Order"), in accordance with the following procedures:
The Customer shall clearly identify the Products chosen and the quantities desired with the references indicated on the Site,
The Customer is then invited to create a customer account in which he/she shall specify the information required for delivery: his/her postal address, name, telephone number and a valid e-mail address - in this respect, the Customer is reminded that he/she has the right to register on the telephone anti-solicitation list accessible at http://www.bloctel.gouv.fr/,
The Customer is then invited to fill in the order form,
The total amount is indicated at the end of the ordering process, in addition to the price of the selected products, before confirmation of its acceptance by the Customer.
In case of prolonged inactivity during the connection, it is possible that the selection of Products chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to restart his selection of Products from the beginning.
Once the order has been verified, the Customer validates the Order, the total amount of the cumulated prices of the selected Products as well as the total price plus shipping costs.
The Customer can then follow the payment instructions.
Once the order has been placed, the Customer will receive an electronic confirmation of receipt of the Order as well as a confirmation that the Order has been shipped.
The sale shall be deemed final only after the Vendor has sent the Customer confirmation of acceptance of the Order by e-mail and after the Vendor has received payment in full.
The registration of an order is completed when the Customer accepts the present General Terms and Conditions of Sale by checking the box provided for this purpose and validates the Order.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies the acceptance of the entirety of the present General Sales Conditions and constitutes proof of the sales contract.
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Customer may follow the progress of his order on the Site. It is therefore the Customer's responsibility to check the accuracy of the order and to immediately report any error.
ARTICLE 3 - Prices
The Products are supplied at the current prices shown on the Site. At the time of registration of the Order by the Seller, the prices are expressed in Euros (exclusive of tax and VAT).
The prices take into account any discounts that may be granted by the Seller on the Web Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Web Site. The Seller reserves the right, outside this period of validity, to modify the prices at any time.
They do not include processing, shipping, transportation and delivery costs, which shall be invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the Order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 4 - Terms of payment
The price is payable in full on the day the Order is placed by the Customer, by secure payment only by credit card: Visa, MasterCard, American Express, other credit cards or PayPal. The payment shall be debited at the time the Order is placed.
The Customer warrants to the Vendor that he/she is fully authorized to use the credit card to pay for the Order and that these means of payment legally provide sufficient funds to cover all costs resulting from the purchase on the Web site. In the event that it is impossible to debit the price, the Order shall be cancelled.
The Seller shall systematically confirm by e-mail the validation of the payment and the Order. The invoice shall be available on the Web site in the Customer's "My Account" area.
ARTICLE 5- Payment security
- Use of a security system
In accordance with the Seller's commitment to payment security, all online payments by bank or credit card are made using the 3D-Secure security system, which encrypts the Customer's bank details during transmission
Concerning the express payment (this option allows the Internet customers to pay more quickly on the site, their card number being recorded), it is only with the first purchase that they benefit from a 3D-Secure transaction.
The Customer is informed that the Vendor has set up a system to fight against payment fraud on the Internet and thus protect all consumers. In this context, the Vendor shall verify the reliability of the information entered by the Customer when placing an Order.
In the event of an automatic alert triggered by the information concerning an Order, the fraud prevention department may ask the Customer for additional information and certain supporting documents (such as a copy of an ID card, proof of address, etc.), on the basis of which the Vendor may validate or cancel the Order.
In this case, in order to ensure that the Order is dispatched in a timely manner, it is recommended that a telephone number be provided, and that the information entered be confirmed or the requested documents be returned as soon as possible.
The purchase will only be effective once the Seller has received confirmation that the account has been debited by the paying organization. The Customer will then receive a confirmation email including an electronic invoice.
- Control of means of payment through the transmission of proofs
In order to prevent fraudulent use of payment methods or delivery addresses, and to further secure the Customer's transactions, the Salesman may carry out checks on the Orders placed by the Customers.
As part of these controls, the Customer may be required to provide proof of identity and/or proof of address (telephone, electricity, gas or water bills).
If the supporting documents are not sent to the Vendor or if the documents sent do not make it possible to establish with certainty the identity of the person placing the Order and the reality of the address, the Vendor shall not be able to validate the Order and it shall be cancelled.
Refunds corresponding to these orders shall not be made without a certain number of verifications necessary to identify the Customer. Thus, the payment by credit card will be refunded directly to the customer's credit card account.
ARTICLE 6 - Delivery
The Products ordered by the Customer will be delivered in Metropolitan France within 30 minutes to 3 days from the date of the Order confirmation to the address indicated by the Customer when placing the order on the Web site (depending on the date and time of the order, the products ordered and the location of the Customer).
For deliveries in the Ile-de-France region, the Customer must allow for an additional 15 minutes outside of the delivery slot, depending on road traffic.
Should the Customer's address change after the Sales Order has been finalised, the Customer must notify the Vendor of this change within two hours of receiving confirmation of the Sales Order by e-mail at order.fr@wildandthemoon.com.
The Vendor undertakes to make every effort to deliver the products ordered by the Customer within the time limits specified above. These delivery times are given as an indication.
However, if the ordered Products were not delivered within 3 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L. 216-2, L. 216-3 and L. 241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
ARTICLE 7 - Reception
Delivery is constituted by the transfer to the Customer of physical possession of the Product.
Upon receipt of the Order, the Customer is advised to check whether the Products delivered conform to the Order or are damaged and to immediately notify customer service of any discrepancies.
ARTICLE 8 - Conservation of products
The Products offered by the Seller are prepared on demand in order to guarantee optimal freshness. They can be kept from 1 to 15 days depending on the recipe
The Products must imperatively be preserved according to the instructions indicated by the Seller.
In particular, fruit juices and vegetable drinks are not pasteurized and do not contain any preservatives. They must be kept in the coldest part of the refrigerator between 0°C and 4°C as soon as the Customer receives them. The Customer must always ensure that the cold chain is respected.
No deterioration of the Products ordered may be imputed to the Seller if the conditions of conservation or the time limits of consumption have not been respected by the Customer in accordance with the instructions of the Seller.
ARTICLE 9 - Right of withdrawal or cancellation
The Products offered on the Site can by nature deteriorate or expire quickly.
Consequently, in accordance with the provisions of Article L. 121-21-8 3° of the Consumer Code, the right of withdrawal or cancellation is not applicable to products ordered on the Site, and the Customer cannot benefit from it.
ARTICLE 10 - Warning and responsibility of the Seller
The Products offered are likely to contain traces of nuts, cow's milk, soy, peanuts and eggs.
ARTICLE 11 - Information Technology and Civil Liberties
The personal data requested from the Customer are necessary for the processing of his order and for the establishment of invoices.
In application of the law 78-17 of January 6, 1978, it is recalled that the Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him, which can be exerted by addressing to: contact@wildandthemoon.com.
By mail :
Wild & The Moon 25-27 rue des Gravilliers 75003 Paris
By email :
contact@wildandthemoon.com
In addition, in accordance with the French law, it is reminded that any customer has the right to register on the opposition list to telephone canvassing. This registration is done via the http://www.bloctel.gouv.fr/ platform.
ARTICLE 12 - Intellectual Property
Any total or partial reproduction of the elements accessible on the Site is strictly forbidden and may constitute an infringement of copyright. The contents, texts, comments, works, products, photographs, illustrations and brands are protected under intellectual property law.
ARTICLE 13 - Applicable law and jurisdiction
The present General Conditions of Sale are subject to French law. All disputes relating to the commercial relationship between the Seller and the Customer are subject to the exclusive jurisdiction of the French courts.
It is reminded that the customer has the right to have recourse to a mediator of consumption. The list of competent mediators is accessible at the following link https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references.
In addition, in accordance with Article L.616-2 of the Consumer Code, the Customer is informed of the existence of the platform put on line by the European Commission whose purpose is to collect possible complaints resulting from an online purchase by European consumers and to then transmit the cases received to the competent national mediators. This link is accessible on https://ec.europa.eu/consumers/odr/.
ARTICLE 14 - Customer Service
For any specific question, the customer service is accessible by email at contact@wildandthemoon.com.
ARTICLE 15 - Information and acceptance of the Customer
The Customer acknowledges having received, prior to placing an Order and entering into a Contract, in a legible and comprehensible manner, the present General Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the French Consumer Code, notably the following information
- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned
- the price of the Products and related costs (e.g. delivery),
- the deadline by which the Seller undertakes to deliver the Product,
- information on the identity of the Seller, its postal, telephone and electronic contact details, and its activities,
- the accepted means of payment,
- the possibility of having recourse to a consumer mediator in the event of a dispute.
The fact that a natural person (or legal entity) orders on the Site implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.