Last updated: December 31, 2017
1. ACCEPTANCE – OPPOSABILITY
These General Terms and Conditions of Sale (hereinafter referred to as “GCS”), apply to all services (hereinafter referred to as “Service(s)”) of delivering of food and drink (hereinafter referred to as “Products”) and more generally to all Products ordered on the website hu.ski.com (hereinafter “the Site”) operated by HUSKI MOUNTAIN DELIVERY, a French “ société à responsabilité limitée” with a share capital of € 1.000,00, having its registered office located at 40 avenue de Haute Tarentaise – 73700 BOURG-SAINT-MAURICE (FRANCE) and incorporated at the Trade and Companies Registry of CHAMBERY under number 823 949 078 (hereinafter referred to as “HUSKI”), ordered by any non-professional purchaser (hereinafter referred to as “the Customer) who agrees to them and who acknowledges full knowledge thereof and therefore waives the right to invoke any contradictory document.
The Customer agrees that HUSKI may modify these terms and conditions at a later date and that their relationship will always be governed by the latest conditions mentioned in the Site in effect on the day of the order.
No document other than the present may create any obligations of the parties or derogate from them unless they are the subject of a writing signed by the parties.
The GCS are accessible at all times on the Site and will prevail, as the case may be, on any other prior version or any other contradictory document. The Client has the right to request that the GCS be sent to him by HUSKI by e-mail. The GCS may also be saved, edited or copied by the Customer, it being understood that the safeguarding, editing or copying of this document are his/her sole responsibility, as these GCS may be subject to modifications.
The Customer acknowledges having being informed, before confirming his/her order, of:
- the essential characteristics of the Products or Services;
- the price of Products, Services and related costs;
- the date of delivery of the Product;
- information relating to the identity of HUSKI,
- the General Conditions of Sale including the legal warranties and responsibility of HUSKI
- the fact that placing on order on the Site implies full acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognised by the Customer.
It is the Customer’s responsibility to select on the Site the Products he wishes to order, according to the following terms:
2.1. Navigation within the Site
The Client may take cognisance of the various Products offered for sale by HUSKI’s supplier on his Site. The Customer may browse freely on the various pages of the Site, without being committed to an order.
2.2 Registering an Order
If the Customer wishes to place an order, he / she will choose the different Products to which he / she is interested, and will express this interest by clicking on “Shop now”.
On the Website, at any time, the Client may:
– choose one or several of the type of Products proposed by clicking on “Meals”, “Drinks or “Welcome Pack”
– obtain the details of the Products he has selected, by clicking on the product image/link
– continue its selection of Products by clicking on another product image/link
– complete its selection of Products and order these Products by clicking on “Checkout”,
To order the Products he has chosen, after clicking on “Checkout”, the Customer must identify himself by clicking on “login/register”, either by entering his e-mail address and his confidential password and then by clicking on “login”, if he has already created his account, or by clicking on “register” otherwise after having entered its username, email address and password. In the latter case, the Customer must fill out the form provided to him accurately, including the information necessary for his identification, including his surname, first name, postal address. In addition, the Client must provide his e-mail 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 are the proof of his identity and his consent.
Once the Customer has been identified, he/she will have to choose (i) either to “click and collect” the Products ordered at one of the address of HUSKI depot mentioned in the Site (ii) or to have it delivered at an address located amongst the various ski resorts mentioned in the Site.
If the Customer chooses to have the Products delivered at an address of his choice amongst the various ski resort proposed in the Site, he/she has to mention the delivery address and to choose, amongst the propositions mentioned in the Site the delivery day and delivery hour and will also have to choose if he/she wants a Premium Delivery” or not or if he is absent when the HUSKI’s deliverer arrives if he wants the Products to be delivered to a close neighbour (subject to the conditions here after mentioned in the paragraph “DELIVERY”). An order form will appear on the screen, detailing in particular: the nature, quantity and price of the Products retained by the Customer, as well as the total amount of the order, the Customer’s contact details, the day and approximate hour for delivery of the Products and delivery address of the Products.
The Customer will be able to correct any errors before confirming his order. If this is the case, a new purchase order will be automatically edited.
Customers placing orders must be aged 18 or over. By placing an Order that includes alcohol, the Customer shall confirm that he is at least 18 years old. Alcoholic beverages can only be sold and delivered to persons aged 18 or over.
2.3 Validation of the order
After having taken note of the order form, and once all the requested information has been completed by the Customer, the Customer will check the box of acceptance of these general conditions of sale and click on “Confirm order”. The validation of the order includes the words “order with obligation to pay”.
This second click constitutes an electronic signature. This signature has value and commits the Customer in the same way as a handwritten signature. The order form will be registered in HUSKI’s computer registers, which are kept on a reliable and durable basis and will be considered as proof of the Client’s commitment.
The Client may choose the method of payment he wishes from among those offered by HUSKI and will proceed to the payment of the Products under the conditions of Article 6.
2.4. Order Summary
Once he has validated his method of payment on the Site (if necessary with the provision of his card number and the expiry date), a summary of the Customer’s order will be displayed, including the transaction number. The sale will be considered as definitive only after the display of the order summary by HUSKI, which is acknowledgment of receipt of the order. An email will then be sent to the Customer summarising the order at the time of its registration.
2.5. General information
Unless proved otherwise, the data recorded by HUSKI constitute proof of all the transactions.
In any case, HUSKI reserves the right to refuse any order or delivery in case of (i) litigation existing with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (Iii) refusal of authorisation to pay by credit card of the banking organisations. The liability of HUSKI can not be incurred.
2.6. Follow-up of the order
The Customer may at any time consult the status of his order by consulting the “My Orders” section. This monitoring allows the Client to know the state of processing of his order, but also the state of dispatch or delivery of his parcels. The Customer may at any time contact HUSKI Customer Service in order to be informed of the follow-up of his order (Contact: [email protected])
2.7. Cancelling of an order
Once the order has been validated the Customer can’t cancel or modify it. However the Customer can try to contact the Customer Service (Contact: [email protected]) in order to know if it’s possible or not to change the order.
3. PRODUCT AVAILABILITY
The offers of Products offered on the Site are valid only within the limit of the available stocks. Availability may vary in the same day depending on the level of sales recorded by HUSKI and on the availability of the Products from the Products suppliers’. HUSKI makes a very frequent updating of the site on the Site, but it can not 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, HUSKI will not charge the unavailable Products to the Customer and HUSKI can not be held responsible for the non-performance of the order in case of stock shortage or unavailability of the Product, so that no compensation can also be requested from HUSKI by the Customer in case of unavailability of any of the Products ordered.
Unless otherwise agreed, the Products shall be delivered to the Customer at the place indicated in the order form accepted in accordance with the provisions of Article 2.
The Customer or any other person receiving the Products ordered will be asked to provide proof of age to show that they are aged 18 or over. HUSKI will refuse to deliver any alcohol to any person who does not appear, or cannot prove that his is aged 18 or over. HUSKI will refuse to deliver any alcohol to any person who does not appear, or cannot prove that his is aged 18 or over.
4.1. Deliveries at the address chosen by the Customer
When ordering the Products as mentioned in section 2, the Customer can choose to have the Products delivered at an address of its choice amongst ski resorts mentioned in the Site (hereafter defined as the “Territory”).
HUSKI does not deliver Products outside of the Territory.
The signature of the receipt by a person present at the address when HUSKI’s deliverer arrives at the adress of delivery shall be considered as a delivery and HUSKI’s deliverer shall have no obligation to check the identity of the persons signing the receipt of delivery. If nobody is here when HUSKI’s deliverer arrives, HUSKI shall attempt to contact the Customer prior to HUSKI’s deliverer leaving a delivery in front of the door, but can’t guarantee that the deliverer shall be able to get hold of the Customer. HUSKI reserves the right to restrict deliveries in certain areas and this includes the right to withdraw the Service(s) altogether, depending on the demand of HUSKI’s supplier.
If the Customers requires, when ordering, to have the Products delivered at a neighbour, its means it is within short walking distance of the Customer’s delivering address mentioned in the order and does not involve the courier travelling any further. Where a Premium Delivery service (before 10am, before 12pm) is chosen by the Customer when placing the Order, the Customer’s order shall be prioritised and HUSKI shall endeavour to deliver the Products by this time. However due to circumstances beyond HUSKI’s control such as weather and traffic conditions HUSKI may not always be able to deliver by the time specified. In this situation HUSKI shall try to deliver later in the day and will refund the extra paid for the Premium Delivery service.
The liability of HUSKI can not be incurred in particular due to a subsequent change of address of the Customer that would not have been notified to him or an error in the details of the Client communicated by the latter.
HUSKI will do its best to make sure the order is delivered on time and that all of the Products are available, but HUSKI can’t be liable for any part of the order being out of stock. Wherever possible HUSKI will contact the Customer in advance to let him/her know if anything’s missing or will be delayed. Missing Products will be refunded, or may be swapped for an alternative item(s) of the same price and same quality/quantity.
4.2. Deliveries at a “click & collect” address
When the Customer chooses the option “click & collect” he shall choose to take away the Products at one of the address mentioned in the Site and during the time window mentioned in the Site.
HUSKI will do its best to make sure the order is ready on time and that all of the Products are available, but HUSKI can’t be liable for any loss, costs or damage caused by a delay to the Customer’s collection, or for any part of the order being out of stock. Wherever possible HUSKI will contact the Customer in advance to let him/her know if anything’s missing or will be delayed. Missing Products will be refunded, or may be swapped for an alternative item(s) of the same price and same quality/quantity.
If the Customer wants someone to collect on his/her behalf, the Customer shall either give the name of this third person when ordering the Products or gives this third person the order confirmation email or SMS confirmation.
HUSKI shall not be responsible if the Customers arrives late, outside of the time window mentioned or does not collect the Products. In these cases, the Products shall be charged to the Customer even if the Customer did not collect the Products on due time.
4.3. Common disposals
If the Products ordered have not been delivered (or are not available at HUSKI’s “click & collect” address) on the indicative date of delivery mentioned in the confirmation order, for any cause other than force majeure, the sale may be resolved at the Customer’s written request if, after having instructed HUSKI to effect the delivery in a reasonable time, the latter did not take place within that period. The sums paid by the Client 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.
5.1 The Products are marketed at the rates in force on the Site, when the order is registered by HUSKI.
Prices are inclusive of VAT in Euros. They do not include delivery charges, which are invoiced, if necessary, in addition on the basis of the tariff applicable on the day of the order and which are communicated to the Customer before the order is placed. These delivery charges are mentioned on the Site once the Customer has chosen it’s place of delivery and before confirmation of the order.
HUSKI reserves the right to modify its rates at any time.
The price indicated in the order form published by HUSKI is the definitive price and includes the costs of transport and delivery.
5.2 The payment itself will only be considered executed after the actual collection of the funds by HUSKI.
An invoice is issued by HUSKI and delivered to the Customer upon delivery of the Products ordered.
HUSKI will not be obliged to carry out the delivery of the Products ordered by the Customer if the latter does not pay the price in full in the conditions and above indicated.
5.3 HUSKI’s Products promotions are available to all and accessible from the homepage. These promotions will automatically be applied when the Customer add the corresponding Products into its basket.
Other Voucher codes or promotions have to be mentioned in the corresponding box before confirming the order to be applicable. HUSKI reserves the right to refuse voucher codes or promotion which have not been used properly, or used after there expiry date.
Voucher codes or promotions are valid only at the period mentioned in the corresponding voucher or promotions and may be subject to some other conditions (such as a minimum of quantity of Products ordered, a minimum of amount ordered,…). These conditions are mentioned in the corresponding voucher or in the Site where the promotions are mentioned.
Voucher codes are personal and can be used only by the person receiving them. HUSKI’s reserves the right to refuse the fraudulent use of voucher codes (use by other persons, several use of a voucher which can only be used once…).
6. PAYMENT TERMS
6.1 The price is payable in cash, in full on the day of placing of the order by the Client, by means of secure payment, by credit card (the accepted cards are the Carte Bleue, Visa, Mastercard). The Customer will click on the chosen method of payment.
The Client must transmit the name of the cardholder, the bank card number, according to the type of card, the expiry date of the card and the cryptogram number (3-digit number on the back of the card banking). The Client will be automatically switched to the electronic banking server of HUSKI’s bank. The bank’s server is secured by its electronic payment terminal in order to protect as efficiently as possible all the data related to the means of payment. The Customer acknowledges that at no time will his banking data pass through the computer system of HUSKI, who can not therefore be held liable in the event of fraudulent subtraction of the Customer’s bank data.
The transaction is immediately debited on 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 interest for late payment corresponding to three times the legal interest rate and will make payable a payment of 40 € for collection costs. Such interest shall be due until the day of payment of the amount due, including interest.
7. REFUND POLICY
If the Customer is unsatisfied with any of the Products ordered or any part of the delivery service from HUSKI, he/she shall please contact HUSKI by emailing HUSKI via the Contact Us page of 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 “Comment about our food”.
As HSUKI sells perishable goods, the Customer has to inspect the Products once he/she has opened the box.
HUSKI will exchange or refund any item the Customer’s feel does not the quality standards, or any item that has been damaged in transit. If HUSKI has delivered an incorrect item, the Customer has to notify as soon as possible and within a maximum period of 2 days from the delivery of the Products. If the Customer would like HUSKI to replace the incorrect item with the item ordered, HUSKI shall send the Customer the correct one as soon as possible with no additional cost.
8. RESPONSIBILITY OF HUSKI
8.1 The Products sold on the Site comply with the French law and have performances compatible with non-professional uses.
8.2 The Products supplied by HUSKI shall be entitled, without any additional payment, to:
– the legal warranty of conformity, for the Products apparently defective, damaged or not corresponding to the order,
– the legal warranty against latent defects arising from a defect in material, design or workmanship affecting the Products delivered and rendering them unfit for use,
in accordance with the terms and conditions set out in in the GCS.
It is recalled that within the framework of the legal guarantee of conformity of French law, the Customer:
– has a period of two years from the issuance of the property to act against HUSKI at the following address: HUSKI MOUNTAIN DELIVERY, 40 avenue de Haute Tarentaise – 73700 BOURG-SAINT-MAURICE (FRANCE);
– may choose between repairing or replacing the ordered Product, subject to the cost conditions laid down in Article L 217-9 of the French “Code de la consommation”;
-is exempt from providing proof of the lack of conformity of the Product during the 24 months following the delivery of the Product.
The legal warranty of conformity applies irrespective of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects Produced in accordance with article 1641 of the French “Code civil”; In this case, it can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
8.3 In order to assert its rights, the Customer must, within a maximum period of 2 days from the delivery of the Products, inform HUSKI, in writing to the address mentioned in section 8.2, of the non-conformity of the Products or the existence of defects hidden within the deadlines or return the defective Products in the state in which they were received with all the items (accessories, packaging, instructions …).
8.4 4 In the cases mentioned in this article 8, HUSKI shall refund, replace or cause to be repaired the Products or parts under warranty found to be invalid or defective.
Refunds of Products deemed to be non-conforming or defective will be made as soon as possible and no later than in the 8 days following HUSKI’s finding of the lack of conformity or of the hidden defect.
The refund will be made by credit to the Customer’s bank account or by bank check addressed to the Customer.
8.5 HUSKI’s guarantee is, in any case, limited to the replacement or the reimbursement of the Products that are not in conformity or have a defect.
8.6 Any warranty is excluded if products are used or stored that do not comply with the provisions on the label attached to the Products.
8.7 The photographs and illustrations accompanying the Products on the Site have no contractual value and therefore can not engage the responsibility of HUSKI.
8.8 HUSKI will not be considered responsible or failing if it provides proof that the delay or non-performance is due to the occurrence of a case of force majeure or is attributable to the Customer.
9. CUSTOMER’S OBLIGATIONS
HUSKI pointed out that non-emancipated minors are unable to contract.
The Customer shall keep the Products in accordance with the label affixed thereto.
10. “INFORMATIQUE ET LIBERTE” – COOKIES
10.1. It is recalled that the personal data which are requested from the Customer are necessary for the processing of his order. This information is strictly confidential and is only intended for HUSKI.
In accordance with the French and European regulations in force, the Customer has the right to permanent access, modification, correction, deletion and opposition concerning the information concerning him by writing to the following address: HUSKI MOUNTAIN DELIVERY, 40 avenue de Haute Tarentaise – 73700 BOURG-SAINT-MAURICE (FRANCE), or through the “contact” section on the Site.
The personal data of the Customer may be used for the purposes of commercial prospecting by electronic means, by HUSKI or by its partner companies, subject to obtaining the prior agreement and express of the Customer by means of tick boxes on the form Customer identification.
10.2. After obtaining the Customer’s consent, HUSKI collects information relating to the Customer by means of cookies enabling the Customer’s navigation to be tracked within the Site. Cookies are alphanumeric identifiers transferred to the hard disk of the Customer’s computer via its Internet browser and which enable HUSKI to recognise this browser and thus offer the Client more innovative and attractive features.
The Customer may also configure his computer to object to the recording of cookies. To learn more about cookies, click the Configuration tab.
11. INTELLECTUAL PROPERTY
The contents of the Site are the property of HUSKI and its partners as well as the intellectual property rights on the Products ordered, and in particular the marks which are 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 is liable to constitute an offence of counterfeiting.
12. APPLICABLE LAW – SETTLEMENT OF DISPUTES
12.1. In case of dispute, an amicable solution will be sought between the parties.
The Customer is informed of the possibility of using, in case of dispute, a conventional mediation procedure or any other alternative means of dispute settlement. Failing agreement within a period of two months from the notification of the dispute to the other party, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, Consequences and their consequences shall be submitted to the competent courts under ordinary conditions.
12.2. All the clauses in these general terms and conditions as well as all sales transactions referred to herein are subject to French law.
12.3 These GCS are written in French and English but only the French text shall prevail in the event of a dispute.
If you have any questions about these Terms, please contact us.
Operating Company: Huski Mountain Delivery SARL
40 avenue de Haute Tarentaise, 73700 Bourg Saint Maurice, France
Kbis: 823 949 078 R.C.S. Chambery
Date d’immatriculation: 25/11/2016
Activites Principal: Preparation et livraison de repas et boissons, conseil en management et conseil en informatique
UK Trading Company: HUSKI MOUNTAIN DELIVERY LIMITED
34 Lancaster Park, Richmond, Surrey, TW10 6AD
Company Number: 10218994 / Companies House, Cardiff, on 7th June 2016. Registered in England & Wales
Parent Company: Marchmont Holdings Ltd
34 Lancaster Park, Richmond, Surrey TW10 6AD, UK
Company Number: 10258025 / Registered in England & Wales