Terms and Conditions
1- ACCEPTANCE - OPPOSABILITY
These General Conditions of Sale (hereinafter referred to as “CGV”) apply to all services (hereinafter “Service(s)”) for the delivery of meals and drinks (hereinafter “Products”). and more generally to all Products ordered on the peakeat.fr website (hereinafter “the Site”) operated by COMPANY BVRD, a limited liability company with share capital of €3,000, whose head office is located at 1674 Route du Petit Châtel – 74390 CHÂTEL (FRANCE) and registered in the Trade and Companies Register of 918 814 708 RCS Thonon-les-Bains (hereinafter “PEAKEAT”), ordered by any non-professional buyer (hereinafter defined as “the Client”) who accepts them and who acknowledges having full knowledge of them and therefore waives the right to rely on any contradictory document.
The Customer accepts that PEAKEAT may subsequently modify these general conditions and that their relations will always be governed by the latest conditions mentioned on the Site in force on the day of the order.
No document other than this one can create obligations for the parties or deviate from them if it has not been the subject of a writing signed by the parties.
The General Terms and Conditions are accessible at any time on the Site and will prevail, where applicable, over any other previous version or any other contradictory document. The Customer has the right to ask PEAKEAT to transmit the General Terms and Conditions by e-mail. They may also be saved, edited or copied by the Customer, it is understood that the saving, editing or copying of this document is their sole responsibility, these General Terms and Conditions may be subject to modification.
2. ORDERS
The Customer acknowledges having been informed, before validation of his order:
- essential characteristics of the Products or Services;
- the price of Products, Services and related expenses;
- the delivery date of the Product;
- information relating to the identity of PEAKEAT;
- General Conditions of Sale (CGV) including the legal guarantees and the liability of PEAKEAT;
- due to the fact that placing an order on the Site implies complete acceptance of these GTC and an obligation to pay for the service ordered, which is expressly recognized by the Customer.
It is up to the Customer to select the products he wishes to order on the site, according to the following terms:
2.1. Site navigation
The customer can read the different Products offered for sale by the PEAKEAT supplier on its site. The customer can freely browse the different pages of the site, without being committed to an order.
2.2 Register an order
If the customer wishes to place an order, he will choose the different products that interest him, and will express this interest by clicking on “Buy now”.
On the site, the customer can at any time:
- choose one or more types of products offered by clicking on “Shop”, “Dishes”
- obtain the details of the products he has selected by clicking on the image/link of the product,
- continue your product selection by clicking on another product image/link,
- complete your product selection and order these products by clicking on “Order”.
To order the products they have chosen, after clicking on “Order”, the customer must identify themselves by clicking on “connect/register”, or by entering their email address and confidential password then by clicking on “connect”, if they have already created their account, or by clicking on “register”. In this case, the customer must accurately complete the form provided to him, indicating the information necessary for his identification, in particular his last name, first name and postal address. The customer must also provide his email address and a password of his choice which will be personal and confidential and which he will need to identify himself later on the site. The customer is informed and accepts that these two identifiers constitute proof of his identity and consent.
Once the customer is identified, he must choose (i) either the “click & collect” option in order to collect the products ordered at the PEAKEAT address mentioned on the Site (1674 Route du Petit Châtel 74390 Châtel) or to deliver to an address located among the different ski resorts mentioned on the Site.
If the customer chooses to have the products delivered to an address of his choice among the different ski resorts offered on the site, he must mention the delivery address and choose, from the proposals mentioned on the site, the delivery day as well. only the time and indicate whether he is absent when the PEAKEAT delivery person arrives or whether he wishes the Products to be delivered to a nearby neighbor (subject to the conditions mentioned below in the “DELIVERY” paragraph) . An order form will appear on the screen, specifying in particular: the nature, quantity and price of the products chosen by the customer, as well as the total amount of the order, the customer's contact details, the day, the approximate time and the delivery address of the products.
The customer will be able to correct any errors before confirming their order. If this is the case, a new purchase order will be automatically issued.
Customers placing orders must be at least 18 years old. By placing an order including alcohol, the customer confirms that they are at least 18 years old. Alcoholic beverages may only be sold and delivered to persons 18 years of age or older.
2.3 Validation of the Order
After having read the order form, and once all the requested information has been completed by the customer, the customer will check the box accepting these General Conditions of Sale and click on “Validate the order”. The validation of the order includes the mention “order with payment obligation”.
This second click constitutes an electronic signature. This signature has value and binds the customer in the same way as a handwritten signature. The order form will be recorded in PEAKEAT's computerized records, kept on a reliable and durable basis and will be considered as proof of the customer's commitment.
The customer will be able to choose the payment method (credit card or debit card) he wishes from among those offered by PEAKEAT and will proceed to payment for the products under the conditions of article 6.
2.4. Order Summary
Once he has validated his payment method on the site (if applicable with provision of his card number and expiration date), a summary of the Customer's order will be displayed including the transaction number . The sale will only be considered completed after display of the order summary by PEAKEAT, which will serve as acknowledgment of receipt of the order. An email summarizing the order will then be sent to the Customer upon registration.
2.5. General informations
Unless proven otherwise, the data recorded by PEAKEAT constitutes proof of all transactions.
PEAKEAT reserves the right to refuse any order or delivery in the event of (i) existing dispute with the customer, (ii) total or partial non-payment of a previous order by the customer, (iii) refusal of authorization from organizations banking in case of payment by credit card. PEAKEAT cannot then be held liable.
2.6. Order Tracking
The customer can consult the status of their order at any time by going to the “My orders” section. This function allows the customer to know the status of their order, but also to know if it is on its way or has already been delivered. The customer can contact PEAKEAT at any time to be informed of the status of their order.
2.7. Cancel an order
Once the order has been validated, the customer can no longer cancel or modify it. The customer can still try to contact PEAKEAT directly to see if it is possible to change the order or not.
3. Product availability
The product offers offered on the site are only valid while stocks last. Availability may vary in the same day depending on the level of sales recorded by PEAKEAT and the availability of products from its suppliers. PEAKEAT updates the Site very frequently, but it cannot be held responsible if the stock is not identical to that indicated on the Site.
In the event of unavailability of the product after the order is placed by the customer, PEAKEAT will not invoice the customer for the unavailable products and PEAKEAT cannot be held responsible for non-execution of the order in the event of a stock shortage or shortage. unavailability of the product(s), so that no compensation can also be requested from PEAKEAT by the customer in the event of unavailability of one of the products ordered.
4. Delivery
Unless otherwise decided, the products are delivered to the customer to the place indicated in the accepted order form in accordance with the provisions of article 2.
The customer, or any other person receiving the ordered products, will be asked to provide proof of age attesting that they are at least 18 years old. PEAKEAT will refuse to deliver alcohol to anyone who cannot prove they are 18 years of age or older.
4.1. Delivery to the address chosen by the customer
When ordering the products as mentioned in article 2, the customer can choose to have the products delivered to an address of their choice among the ski resorts mentioned on the site (hereinafter defined as the “Territory” ).
PEAKEAT does not deliver products outside the Territory.
The signing of the receipt by a person present when the PEAKEAT delivery person arrives at the delivery address will be considered as a delivery made and the PEAKEAT delivery person will have no obligation to verify the identity of the persons signing the delivery receipt. If no one is there when the PEAKEAT driver arrives, PEAKEAT will attempt to contact the customer before the PEAKEAT driver leaves with the delivery to return it to the “Click & Collect” address and cannot guarantee that the delivery person will be able to contact the customer. The customer will then have to collect their delivery at the PEAKEAT address, or organize a new delivery at their own expense. PEAKEAT reserves the right to restrict deliveries to certain areas and this includes the right to withdraw the service(s) completely, depending on the request of PEAKEAT's supplier.
If customers request to have the products delivered to a neighbor, this means that it is within a short walking distance of the customer's delivery address mentioned in the order and does not imply that the courier travels further . Due to circumstances beyond PEAKEAT's control, such as weather and traffic conditions, PEAKEAT may not always be able to deliver within the specified time frame. In this situation, PEAKEAT will try to deliver later in the day.
PEAKEAT cannot be held liable due to a change of address of the customer which has not been notified to it or an error in the customer's contact details communicated by the latter.
PEAKEAT will do its best to ensure that the order is delivered on time and that all products are available, but PEAKEAT cannot be held responsible for any part of the order being out of stock. Where possible, PEAKEAT will contact the customer in advance to let them know if anything is missing or will be delayed. Missing products will be refunded or exchanged for one or more alternative items of the same price and quality/quantity.
Please note that the products we deliver are frozen and it is your responsibility to ensure there is sufficient space in freezers or refrigerators for delivery. PEAKEAT delivery costs cover 2 deliveries to the address of your accommodation during your stay for a 6-day menu. Any additional delivery will be billed to you at the rate for your delivery area.
4.2. “Click & collect” delivery address
When the Customer chooses the “click & collect” option, he chooses to collect the products from one of the addresses mentioned on the site and during the time slot mentioned on the site.
PEAKEAT will do its best to ensure that the order is ready on time and that all products are available, but PEAKEAT cannot be held responsible for any loss, cost or damage caused by customer delay, or for any part of the order being out of stock. PEAKEAT will try to contact the customer in advance to let them know if anything is missing or will be delayed. Missing products will be refunded or exchanged for one or more alternative items of the same price and quality/quantity.
If the customer wishes someone to collect on their behalf, the customer must either indicate the name of this third party when ordering the products, or transmit the order confirmation email or SMS to this third party.
PEAKEAT will not be responsible if the customer arrives late, outside the mentioned time slot or does not collect the products. In these cases, the Customer will be billed for the Products even if the Customer has not collected the Products in a timely manner.
4.3. Current provisions
If the products ordered have not been delivered (or are not available at PEAKEAT's "click & collect" address) on the delivery date mentioned in the order confirmation, for any cause which is not force majeure , the sale may be canceled at the customer's choice by written request if, after having instructed PEAKEAT to make delivery within a reasonable time, this has not taken place within this time. The amounts paid by the customer will then be returned to him by bank transfer within a maximum period of 14 days, excluding any compensation or withholding.
Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.
5. Prices
5.1 The products are sold at the prices in force on the site, when the order is registered by PEAKEAT.
Prices are inclusive of tax in Euros. They do not include delivery costs, which are invoiced, where applicable, in addition on the basis of the rate applicable on the day of the order and which are communicated to the customer before placing the order. These delivery costs are mentioned on the site once the customer has chosen their delivery location and before validation of the order.
PEAKEAT reserves the right to modify its prices at any time.
The price indicated in the order form published by PEAKEAT is the final price and includes transport and delivery costs.
5.2 The payment itself will only be considered executed after PEAKEAT has actually received the funds.
An invoice is issued by PEAKEAT and given to the customer upon delivery of the ordered products.
PEAKEAT will not be required to deliver the products ordered by the customer if the latter does not pay the price in full under the conditions indicated above.
5.3 PEAKEAT product promotions are available to everyone and accessible from the home page. These promotions will be automatically applied when the customer adds the corresponding products to their basket.
Other promo codes or promotions must be mentioned in the corresponding box before confirming the order to be applicable. PEAKEAT reserves the right to refuse promotional codes or promotions that have not been used correctly, or used after their expiration date.
Voucher codes or promotions are only valid for the period mentioned in the corresponding voucher or promotions and may be subject to other conditions (such as a minimum quantity of products ordered, a minimum amount ordered,… ). These conditions are mentioned in the corresponding voucher or on the site where the promotions are mentioned.
Promotional codes are personal and can only be used by the person who receives them. PEAKEAT reserves the right to refuse fraudulent use of discount codes (use by other people, multiple uses of a coupon that can only be used once, etc.).
6. PAYMENT TERMS
6.1 The price is payable in cash, in full on the day the order is placed by the customer, by secure payment, by bank card (cards accepted are Carte Bleue, Visa, Mastercard). The customer will click on the chosen payment method.
The customer must provide the name of the card holder, the bank card number, depending on the type of card, the expiration date of the card and the cryptogram number (3-digit number on the back of the bank card). The client will automatically be switched to PEAKEAT bank's electronic banking server. The bank's server is secured by its electronic payment terminal in order to protect all data linked to means of payment as effectively as possible. The customer acknowledges that at no time will their banking data pass through PEAKEAT's computer system, which will therefore not be held liable in the event of fraudulent subtraction of the customer's banking data.
The transaction is immediately debited from the customer's bank card after verification of the customer's data. In the event that the debit of the price is impossible, the customer's order will be canceled.
6.2. Any sum not paid on its due date will automatically produce late payment interest corresponding to three times the legal interest rate and will make compensation of €40 payable for recovery costs. This interest is due until the day of payment of the amount due, interest included.
7. REFUND POLICY
If the Customer is dissatisfied with any of the products ordered or with any part of PEAKEAT's delivery service, the Customer should contact PEAKEAT by sending an email to PEAKEAT via the Contact Us page on the Site. If the customer would like to make a comment or recommendation regarding our food, the customer can visit the Contact Us page of the website and select “Review about our food”.
As PEAKEAT sells perishable goods, the customer must inspect the products once they open the box.
PEAKEAT will exchange or refund any item that the customer believes does not meet quality standards, or any item that has been damaged in transit. If PEAKEAT has delivered an incorrect item, the customer must notify it as soon as possible and within a maximum period of 2 days from delivery of the products. If the customer wishes PEAKEAT to replace the incorrect item with the ordered item, PEAKEAT will send the customer the correct item as soon as possible at no additional cost.
8. PEAKEAT’S LIABILITY
8.1 The products sold on the site comply with French law and have performances compatible with non-professional uses.
8.2 The products supplied by PEAKEAT give the right, without any additional payment, to: -
the legal guarantee of conformity of products which are apparently defective, damaged or which do not correspond to the order,
- the legal guarantee provided for in the General Terms and Conditions against hidden defects originating from a defect in raw materials, design or preparation;
making them unfit for consumption.
It is recalled that as part of the legal guarantee of conformity with French law, the customer:
- has a period of two years from delivery of the goods to take action against PEAKEAT at the following address: PEAKEAT, 1674 Route du Petit Châtel – 74390 CHÂTEL (FRANCE);
- can choose between repairing or replacing the product ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
- is exempt from providing proof of lack of conformity of the Product during the 24 months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The customer may decide to implement the guarantee against hidden product defects in accordance with article 1641 of the French “Civil Code”; In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
8.3 In order to assert his rights, the customer must, within a maximum period of 2 days from delivery of the Products, inform PEAKEAT, in writing to the address mentioned in article 8.2, of the non-conformity of the products or the existence of hidden defects within the deadlines, or return the defective products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
8.4 In the cases mentioned in this article 8, PEAKEAT will reimburse, replace or repair products or parts under warranty deemed invalid or defective.
Reimbursement of products deemed non-compliant or defective will be made as soon as possible and at the latest within 8 days following PEAKEAT's observation of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
8.5 PEAKEAT's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective products.
8.6 Any warranty is excluded in the event of use or storage of products that do not comply with the provisions of the label affixed to the Products.
8.7 The photographs and illustrations accompanying the products on the site have no contractual value and therefore cannot engage PEAKEAT's liability.
8.8 PEAKEAT will not be considered responsible or defaulting if it provides proof that the delay or non-performance is due to the occurrence of a force majeure or is attributable to the customer
9. Customer Obligations
PEAKEAT stressed that unemancipated minors are incapable of contracting.
The customer undertakes to keep the products in accordance with the label affixed to them.
10. “Computers and freedom” - Cookies
10.1. Please note that the personal data requested from the customer is necessary to process their order. This information is strictly confidential and is intended only for PEAKEAT.
In accordance with current French and European regulations, the customer has a right of permanent access, modification, rectification, deletion and opposition concerning information concerning him by writing to the following address: PEAKEAT, 1674 Route du Petit Châtel – 74390 CHÂTEL (FRANCE), or via the “Contact” section of the Site.
The customer's personal data may be used for commercial prospecting purposes electronically, by PEAKEAT or by its partner companies, subject to obtaining the customer's prior and express consent by means of check boxes on the application form. customer identification.
10.2. After obtaining the customer's consent, PEAKEAT collects information relating to the customer using cookies to track the customer's navigation within the site. Cookies are alphanumeric identifiers transferred to the hard drive of the customer's computer via their Internet browser and which allow PEAKEAT to recognize this browser and thus offer the customer more innovative and attractive features.
The customer can also configure his computer to oppose the recording of cookies. To find out more about cookies, click on the Configuration tab.
11. Intellectual Property
The content of the site is the property of PEAKEAT and its partners as well as the intellectual property rights on the products ordered, and in particular the brands affixed thereto, which are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
12. Applicable Law – Dispute Resolution
12.1. In the event of a dispute, an amicable solution will be sought between the parties.
The customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative method of dispute resolution. In the absence of agreement within two months from notification of the dispute to the other party, all disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination, its consequences and their consequences will be submitted to the competent courts. under ordinary conditions.
12.2. All clauses of these general conditions as well as all commercial operations referred to therein are subject to French law.
12.3 These General Terms and Conditions are written in French and English but only the French text will be authentic in the event of a dispute.
Contact us
If you have any questions about these conditions, please contact us. Contact us .
Operating company: PEAKEAT
1674 Route du Petit Châtel, 74390 Châtel, France
Kbis: 918 814 708 RCS Thonon-les-Bains
Registration date: 01/09/2022
Main Activities: Preparation and sale of cooked meals;
trade in all food products
Company number: 91881470800015