Terms of Use
Terms of Use
PIKA° is a brand owned by the company WARMCOOK.
These general terms and conditions of sale are entered into between the company WARMCOOK, Siret 528 948 425 00012, 73 boulevard Gay Lussac 13014 MARSEILLE, hereinafter referred to as WARMCOOK, and any person wishing to make a purchase via the website www.pika-kitchen.com, hereinafter referred to as the client. The shipping of packages can only take place territorially in France, French overseas territories (DOM TOM), and Monaco, and exceptionally outside this zone. In the latter case, the client must contact WARMCOOK to inquire about the shipping methods and costs. These conditions exclusively concern non-commercial natural persons. The parties agree that their relations will be governed exclusively by this contract. If a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector in France. As these General Terms and Conditions of Sale may be subject to modification, the applicable conditions are those in force on the date your order is placed.
Purpose:
These conditions aim to define the sales modalities between WARMCOOK and the client, from ordering to delivery, including payment. They regulate all steps necessary for placing the order and ensure the tracking of this order between the contracting parties.
Order Execution:
WARMCOOK undertakes to honor orders received within the limit of available stocks. In most cases, WARMCOOK carries out delivery within a period of 7 working days from receipt of the order and its payment and undertakes to execute the order within a maximum period of thirty days. If WARMCOOK cannot execute the contract due to the unavailability of the product ordered, and cannot provide the client with an item of equivalent quality and price, the client will be informed and may be reimbursed for the amount of the sale, at the latest within thirty days following the notice of non-execution of the contract. In the event of replacement of the product by an item of equivalent quality and price, the return costs following the potential exercise of the right of withdrawal will be borne by WARMCOOK.
WARMCOOK reserves the right to cancel or refuse any order from a client with whom there is a dispute relating to the payment of a previous order.
To validate an order, the client must take note of the General Terms and Conditions of Sale. Every order constitutes acceptance of the general terms and conditions of sale in their entirety, fully and without reservation.
Receipt of the Package:
Transport-related risks are borne by the client who, in the event of delivery damage or missing items, will specify their reservations on the delivery note and confirm them, within three days following delivery, by registered mail with acknowledgment of receipt addressed to the carrier. The client must check the goods upon receipt. If products are missing or damaged, the client must clearly indicate this on the carrier's slip, specifying the references concerned. Without this verification, no claim will be taken into account.
Price:
The prices displayed on the site are indicated in euros, including all French taxes (VAT and other taxes applicable on the day of the order), excluding shipping costs. Every order constitutes acceptance of the prices and descriptions of the products available for sale. WARMCOOK reserves the right to modify its prices at any time, but products will be invoiced on the basis of the rates in force at the time the orders are registered, subject to availability on that date. The prices indicated on the site are guaranteed for the duration of the online posting and within the limit of available stocks.
Payment:
The client can pay for their order by payment card (VISA, CB, MasterCard) or via Paypal.
Right of Withdrawal:
According to the provisions of Article L121-16 of the Consumer Code, the client has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs which will be borne by the client. This period runs from the receipt of the products. WARMCOOK undertakes to reimburse the client at the latest within thirty days following the date on which this right is exercised. This reimbursement may be made by any means of payment. Upon WARMCOOK's proposal, the client may opt for a credit note.
Retention of Title:
The products remain the property of WARMCOOK until full and effective payment by the client. The transfer of responsibility takes place from WARMCOOK to the client at the time of shipment, upon delivery to the carrier.
Protection of Personal Data:
All data communicated by the client to WARMCOOK is necessary for the processing of their order. Under Article 27 of Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, the client has a right of access, consultation, modification, rectification, and deletion of the data communicated. You can exercise this right by contacting WARMCOOK by email or by post.
In application of Article 16 of the law of January 6, 1978, relating to information technology, files, and freedoms, the site pika-fresh.com has been declared to the National Commission for Information Technology and Civil Liberties (CNIL).
Applicable Law and Jurisdiction:
Every order placed by the client implies their adherence, without any restriction, to the General Terms and Conditions of sale of WARMCOOK. Any dispute will be submitted to French law before the Commercial Court of Marseille.
Liability:
As the photographs, information, and characteristics concerning the products presented are not contractual, WARMCOOK's liability will not be engaged in the event of non-substantial differences between these and the items ordered.