Terms and conditions of sale and use
Article 1 – definitions
These General Terms ('CGs') are proposed by SBBN Auto Entrepreneur, headquartered at 17 rue de ridder, 75014 Paris ('SBBN').
The following is to designate:
- Site or Service: the site www.iran-cuisine.com and all of its pages.
- Publisher: the person, legal or physical, responsible for the publishing and content of the site.
- User: The user targeting and using the site.
- Advertiser: The user posting an ad on the site will be deemed a "seller" if the ad offers a product or service for sale.
- Purchaser: The user who acquires a product or service presented in an advertisement will be deemed a buyer if the acquisition is made for payment (purchase) from a seller.
The Site User is invited to read these CGs carefully, print them out and/or save them on a sustainable medium. The User acknowledges that he has become aware of the CGs and accepts them fully and without reservation.
Article 2: Quality of intermediary of the Site
The Site Editor acts only as an intermediary between the Buyer and the Seller.
The latter herein conclude a service delivery contract with the Publisher whose purpose is the provision of a technical tool for connecting. Only then can the Advertiser and the Purchaser enter into an agreement or contract (for example, a contract for the sale of the property or service offered in the Advertisement) if they wish, on an over-the-counter basis.
The Site Editor therefore has only an intermediary role and is neither agent. In the event of a dispute between the Advertiser and the Acquirer, if the parties fail to resolve their dispute amicably, they may have their dispute resolved in the relevant courts.
Article 3: Object
These CGVs and CGU legally regulate the use of the site's services www.iran-cuisine.com as well as the relationships between sellers and buyers, between sellers and publishers and between buyers and publishers.
Article 4: Contract between Buyer and Seller:
The buyer will choose the products he wants to buy from the various offers of sellers put online on the site. It can then select several different products if available. All the products chosen by the buyer end up on his basket.
After that, the buyer clicks "validate my order" and arrives on a summary page of his basket.
After the order is validated, the Buyer is asked to choose a payment method. The payment provider tells him what steps to take for the secure payment of the order.
Once the payment is made, the Buyer receives an email from the site iran-cuisine.com corresponding to the consideration of the order following payment. The Seller is immediately informed of the order placed on the website of one of his products by the Buyer. The seller is required to deliver the purchased product. The seller is committed to complying with his delivery time policies on his sales page. In general, the seller must meet a reasonable delivery time.
Article 5: Access to the site
The site www.iran-cuisine.com allows free access to the purchase of products put online by different sellers.
The site is accessible free of charge from anywhere by any user with Internet access. All the necessary costs for access to services (computer equipment, Internet connection…) are the responsibility of the user.
Opening an account and using the Service are free (excluding possible connection costs, the price of which depends on your electronic communication operator), without obligation to purchase on the Site. Only the purchase of Products from Sellers is paid, under the conditions provided in the CGVs.
The creation of a member account is not required to make purchases on the www.iran-cuisine.com site.
Access to member services is done using an identifier and password.
For maintenance or other reasons, access to the site may be interrupted or suspended by the publisher without notice or justification.
Article 6: Data collection
For the creation of the User's account, the collection of information at the time of registration on the site is necessary and mandatory. In accordance with Law 78-17 of 6 January relating to computers, files and freedoms, the collection and processing of personal information is carried out in a way that respects privacy.
According to the Computer and Freedoms Act dated January 6, 1978, Articles 39 and 40, the User has the right to access, correct, delete and object to his personal data. The exercise of this right is carried out by:
- The contact form;
- His client space.
Also applicable are:
- The 2016/679 regulation of the European Parliament and the Council;
- Act 2004-575 of June 21, 2004 for confidence in the digital economy, including section 6.
Article 7: Hyperlinks
The site can be made up of hyperlinks. By clicking on them, the user will exit the platform. The latter has no control and cannot be held responsible for the content of web pages relating to these links.
Article 8: Cookies
During site visits, the automatic installation of a cookie on the user's navigation software may occur.
Cookies are small files temporarily deposited on the user's computer hard drive. These cookies are necessary to ensure accessibility and navigation on the site. These files do not contain personal information and cannot be used to identify a person.
The information in the cookies is used to improve browsing performance on the www.iran-cuisine.com site.
Article 9: Intellectual Property
Brands, logos as well as the contents of the www.iran-cuisine.com site (graphic illustrations, texts…) protected by the Intellectual Property Code and copyright law.
The user's reproduction and copying of the content requires prior permission from the site. In this case, any use for commercial or advertising purposes is prohibited.
Article 10: Responsibility
Although the information published on the site is deemed reliable, the site reserves the ability to a non-guarantee of the reliability of the sources.
The information disseminated on the www.iran-cuisine.com website is presented purely for informational purposes and is of no contractual value. Despite regular updates, the site cannot be liable for changes to administrative and legal provisions that appear after publication. The same is true for the use and interpretation of the information provided on the platform.
The site disclaims any responsibility for any viruses that may infect the User's computer equipment after use or access to this site.
The site cannot be held responsible in case of force majeure or the unpredictable and insurmountable fact of a third party.
The site does not guarantee the full security and confidentiality of the data. However, the site is committed to implementing all the methods required to do the best it can.
The site's liability www.iran-cuisine.com to the Buyer can only be incurred for facts that are directly attributable to the Buyer and which would cause him harm directly related to those facts. It cannot be committed for indirect harm. Nor can www.iran-cuisine.com be liable for the Buyer's misuse of the Service or any fault on its part. Nor can it be committed on the basis of facts attributable to a third party to the Service.
www.iran-cuisine.com disclaims any responsibility for the sales that Buyers enter into through its Service with Sellers, to which it remains a foreigner. Any complaints about comments on the Product Description or Product Deliveries will be redirected to the Designated Seller, who will assume full and sole responsibility for this.
The Buyer is solely responsible for its use of the Service, including the assessments it makes on the Site, and undertakes to guarantee at first request to compensate and compensate Iran Cuisine for any damage, loss, loss, loss, that Iran Cuisine could suffer if its liability was incurred by a third party, as a result of an action related to this use of the Service by the Buyer.
Article 11: Product publication on the Site
Users are offered the ability to contribute to the content of this Site, including through the publication of products.
The Site Editor has a responsibility as host and must remove any advertisement that is manifestly illegal, and reported as such. The Publisher cannot be held responsible, in principle and without reporting this content, for any illegal content published by a User. For example, if an Advertiser posts an illegal advertisement (content infringing intellectual property rights, discriminatory or inciting violence, presentation of counterfeit goods, unauthorized regulated service, etc.), Users can notify the Publisher, who will immediately remove the product in order to stop this overt disorder.
The Publisher is authorized to take the following measures, without compensation, if a User, in connection with his use of the Site, has not complied with the legal provisions, the rights of third parties or these CGs:
- Issuing warnings to the user
- Delete user-published ads
- Blocking the user for a limited time
- Definitive suspension of the user
Users are informed that the Site Editor, represented if necessary by the moderators, may choose to publish the content in question on the newsletters of this Site and on the sites of all its partners, for the Publisher to quote the pseudonym of the author of the contribution.
The author therefore renounces his rights over the content of the contributions, for the benefit of the Publisher of the Site, for any dissemination or use, even commercial, on the Internet, this, of course, always respecting the author's authorship.
Article 12: Seller's obligations on his publications
The seller agrees to add a description of the product sold including its essential characteristics.
The Advertiser is committed to implementing all means in order to optimally meet its obligations by delivering a quality service to users. It ensures that they do not in any way contraver existing laws, regulations and standards, mandatory or not, and that they do not infringe the rights of third parties.
The Advertiser also undertakes that the illustrations provided in the description associated with the advertisements it offers (photography, drawing, etc.) comply with the products thus illustrated and respect the rights of third parties. It guarantees that it has the rights, in particular intellectual property, relating to these illustrations, which allow it to use them in order to present the products.
The Advertiser is committed and guarantees that it will only offer in its advertisements (whether for donation, exchange or sale) products and services that it owns or on which it has the rights to offer them. In this regard, the Advertiser prohibits itself from proposing any product consisting of works that infringe under the Code intellectual property or any product or service whose marketing is regulated under legislative, regulatory or contractual provisions (particularly because of the existence of a selective distribution network).'
The seller undertakes to deliver the product to the final customer in accordance with the delivery times mentioned in its delivery policies available on their sales page.
The products are delivered to the address indicated by the Buyer in his order, and delivered under the seller's delivery conditions. It is therefore the Buyer's sole responsibility to ensure that the information he provides to the site www.iran-cuisine.com for this purpose is and will allow him to receive the products he buys on the Site. The Products travel at the seller's expense and risk. As soon as the Buyer physically takes possession of the ordered products, the risk of loss or damage to the products is transferred to him.
Article 13: Commission on Orders
The Site Editor pays for the connection between the Buyer and the Seller and collects a commission according to the principles described below.
In return for the connection service provided by the Publisher, the Seller agrees to pay the publisher, due to the completion by the Buyer of the order on the Site, a commission equal to 20% of the order amount. Exceptions in the amount of the commission may be applied under certain conditions, according to the following terms: Depending on the margin made by the seller.
The commission is acquired and due as soon as the Buyer has placed an order on the Site, regardless of the payment method used.
Article 14: Site Support Service
The Site's support service is available by e-mail at the firstname.lastname@example.org address or by mail to the address listed in the legal mentions.
Article 15: Seller's Bonds
The possible commercial relationship between an Advertiser identified as a Professional Seller and a User, who will then be deemed to be a Buyer, will be framed by these CGs, possibly supplemented or replaced by conditions specific to the Seller presented to the User before any order according to the rules in force. Similarly, the Seller must present the user with the required legal information when ordering, under applicable law.
The Advertiser undertakes to identify itself with Users as acting as a Professional or Individual Seller as long as it sells products or services via the site. The Advertiser who acts as a professional is committed to complying with the applicable laws regarding the exercise of a commercial activity (registration, accounting, social and tax obligations). The Advertiser, whether Professional or Individual, undertakes to declare (if applicable to its situation according to current regulations) any income generated by the sale of products or services through this site to the competent authorities.
A Seller Advertiser on the site is also, in accordance with the Trade Code, required to disclose the general terms of sale of its business, at a minimum at the request of a User, or by default to all purchasers of services or products featured in its advertisements if it usually occupies a remote sales business, other than its mere participation in the Service.
Terms for sale
The Advertiser is solely responsible for the sale of the products or services it offers on the site. On the description associated with the offers of products or services it offers on the site, the Advertiser undertakes to act in good faith. It is solely responsible for the accuracy of the mentions in it and undertakes that they do not risk misleading potential buyers, both on the characteristics of the product or service, as well as on its condition or price. With regard to used products in particular, the Advertiser will have to make an accurate description of the condition of the product. The Advertiser provides Buyers with all the information they need to know the essential characteristics of the product (if any, product composition, accessories included, origin, etc.).
The sale price of products or services is freely defined by the Advertiser, in accordance with applicable laws and regulations. This price must be mentioned on the website all taxes and fees included (including VAT, packaging fees, ecotax etc.).
Contracts for the sale of products or services offered by the Advertiser on the Site are concluded between the Advertiser and the Buyer on the resolute condition that the product or service be available. The Advertiser undertakes to offer only available products or services on the site and to remove immediately any offers relating to products or services that are no longer available.
The Advertiser is notified by email, and in its Advertiser account, when a product or service it has put online has been ordered by a Buyer. The Advertiser must then proceed with the preparation of the product for shipment or the provision of the service concerned within 2 working days of receiving the information referred to in the previous paragraph.
Under section 15 of the Act of June 21, 2004 for confidence in the digital economy, any seller or agent providing the after-sales service is properly responsible for the proper performance of the remotely concluded contract. This principle means that the Seller will have to ensure the delivery of the ordered property, without damage or non-compliance with the characteristics specified in the offer and that he is personally responsible for his delivery driver. According to Article 15-I, the Seller will only be able to absolve himself of responsibility in three situations: in the event of a fault committed by the Buyer, which he must then be able to prove, in the event of force majeure or irresistible and unpredictable facts of a third party in the contract.
The Seller is solely responsible for the contracts he enters into with the purchasers and, as such, undertakes to comply with applicable legislation, including consumer protection and distance selling regulations.
Article 16: Buyer's Bonds
The Site allows the online posting of products or services put up for sale by the Seller Advertiser, for users of the site, and possibly acquired by a Buyer then reputed Buyer.
The information recorded during the order is taken by the Buyer; in the event of an error in the wording of its contact information, the Advertiser cannot be held responsible for the inability to deliver the Buyer if the Buyer has misinformed the registration form.
Article 17: Prices and payments
The purchase price of the Product is set by the Seller. It is mentioned in TTC euros on the description sheet, but excluding delivery costs, these being added before the order is validated
The fact that the Buyer validates his order implies the obligation to pay the price listed on the iran-cuisine.com website. The site iran-cuisine.com collects the amount corresponding to the name and on behalf of the Seller.
Article 18: Guarantees
In accordance with the applicable legal provisions relating to the compliance of the property with the contract or hidden defects (as outlined in the box below and whose texts are recalled in the Appendix of these CGV) defective products (without this being due to the Buyer) or not corresponding to the order will be refunded or exchanged at the Buyer's choice.
Products must be returned to the Seller in the state in which they were received with all the items (accessories, notice…) packaging that allows transport in good conditions.
In this context, the shipping costs will be refunded to the Buyer on the basis of the rate charged and the return fee will be paid by the Seller.
The refund will be made by re-credit of the payment method used during the order.
No counter-refund shipments will be accepted for any reason. These guarantees are without prejudice to the right of withdrawal under Article 4.
It is recalled that as part of the legal guarantee of compliance, the Buyer:
Enjoys a period of two years from the issuance of the property to act vis-à-vis its Seller;
Can choose between repairing or replacing the property, subject to the cost conditions provided by Article L. 217-9 of the consumer code;
The proof of the existence of the failure to comply with the property shall be reported for the six months following the issuance of the property. This period shall be increased to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies irrespective of the commercial guarantee which may cover your property. It is recalled that the Buyer may decide to implement, vis-à-vis his Seller, the guarantee against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article 19: Right of withdrawal
In accordance with the applicable legal provisions, in the context of a purchase made from a professional seller, the Buyer has 14 days from the receipt of the (of) Products ordered to exercise, with that Seller, his right of withdrawal, without having to justify reasons or pay a penalty.
In the case of an order containing several products placed with the same Seller, this 14-day period runs from the time the last Product is received.
If the right of withdrawal is exercised within the aforementioned time frame, only the price of the purchased products and the shipping costs will be reimbursed for the return costs remaining at the Buyer's expense.
Returns are to be made in their original and complete state (packaging, accessories, instructions…) in a package identical to that used during shipping to allow them to be re-marketed.
- Returns must also be accompanied by a proof to purchase a copy of the invoice or purchase delivery voucher for optimized management.
Article 20: Claims and Litigation
At any time, the Buyer has the opportunity to contact the Seller, to address any request, complaint relating to the Products ordered by email at the following address: email@example.com
Following this email notification, the www.iran-cuisine.com site puts the Buyer and the Seller in contact within a reasonable time so that they can resolve the dispute directly. The Buyer and seller will make their best efforts to reach an amicable resolution of the dispute.
In the event of non-resolution of the dispute, the site www.iran-cuisine.com reserves the right, after first informing the Seller, to proceed with the refund of the Product to the customer. The amount of this refund will then be deducted from the sums to be paid by the site www.iran-cuisine.com to the Seller under the Products sold by the Seller via the Service.
Article 21: Publication by the Buyer
The site www.iran-cuisine.com allows users of the site to post comments on sales offers.
The site has the right to exercise a priori moderation on publications and can refuse to put them online without having to provide justification.
The member retains all of his intellectual property rights. However, any publication on the site involves the delegation of the non-exclusive and free right to the publishing company to represent, reproduce, modify, adapt, distribute and disseminate the publication anywhere and on any medium for the duration of the intellectual property. This can be done directly or through an authorized third party. This includes the right to use publishing on the web and on mobile phone networks.
With each use, the publisher agrees to mention the name of the member near the publication.
The Buyer is responsible for any content he puts online. The User undertakes not to publish content that could harm the interests of third parties. Any legal proceedings brought by an aggrieved third party against the site will have to be taken over by the User.
The site's removal or modification of the User's content can be done at any time, for any reason and without notice.
Article 22: Independence of clauses
If a CG provision is found to be unlawful, null or void for any other reason, then this provision will be deemed divisible from GCs and will not affect the validity and applicability of the remaining provisions.
CGs replace any previous or contemporary written or oral chords. They are not transferable, transferable or sub-licenciable by the User himself.
A printed version of the CGs and all notices given in electronic form may be requested in legal or administrative proceedings relating to the CGs. The parties agree that all correspondence relating to these CGs must be written in the French language.
Article 23: Applicable law, mediation and attribution of powers
These CGs are governed by and subject to French law.
Unless public policy provisions are made, any disputes that may arise in the context of the execution of these CGs may before any legal action be submitted to the Site Editor for an amicable settlement.
It is expressly recalled that applications for an amicable settlement do not suspend the time open to bring legal action. Unless there is a public order to do so, any legal action relating to the enforcement of these CGs shall be subject to the jurisdiction of the courts of the residence of the defendant.
According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to use a consumer mediator free of charge for the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation device
As such, SBBN offers its Consumer Clients, in the context of disputes that have not reached an amicable resolution, the mediation of a consumer mediator, whose contact information is as follows:
- CONSUMER MEDIATER AGREE – DEVIGNY MEDIATION
It is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.
Mediation between publisher and seller:
For any dispute that arises between the site www.iran-cuisine.com and a professional seller relating to the existence, interpretation or execution of this contract, prior to any judicial proceeding, the parties may resort to the Ombudsman of Companies whose contact information is as follows:
- 98 rue de Richelieu – 75002 Paris
If mediation between the seller and the publisher fails, the dispute will be decided by the courts of the court of CRÉTEIL, notwithstanding plurality of defendants or appeals as collateral, including for referral or motion proceedings.
Article L. 217-4 Consumer Code
The Seller is required to deliver a contract-compliant property and responds to any compliance deficiencies that exist at the time of issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.
Article L. 217-5 Consumer Code
The property complies with the contract:
If it is suitable for the usually expected use of a similar property and, if so:
- if it corresponds to the description given by the Seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, the producer or his representative, particularly in advertising or labelling;
- Or if it has the characteristics defined by the parties or is specific to any special use sought by the buyer, brought to the seller's attention and which the seller has accepted.
Article L. 217-12 Consumer Code
The action resulting from the non-compliance is prescribed by two years from the issuance of the property.
Article L. 217-16 Consumer Code:
When the purchaser asks the Seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a piece of furniture, a reclamation covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to be run. This period runs from the buyer's request for intervention or to the provision for repair of the property in question, if this provision is after the request for intervention.
Article 1641 Civil Code
The Seller is bound by the guarantee because of the hidden defects of the thing sold which make it unsuitable for the purpose to which it is intended, or which diminish this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1st Civil Code
The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.
Appendix 2 – Retraction Form
Please complete and return this form only if you wish to retract your order placed with the Seller as part of the Service made available by XXX.
To the attention of [name of the Seller………… The Seller's address………… (e-mail: from the Seller………………
I/We here notifates/notify you of my/our retraction of the contract for the sale of the property/ () below:
Ordered the………………… / Received the ………… (*)
Name of the Buyer:…………
Address of the Buyer:…………
Buyer's signature (only if this paper form is notified):
(*) In order to optimize the return, we advise you to confirm this information with the Seller via the messaging tool made available as part of the Service.
(**) Delete unnecessary mention