Terms and Conditions of Sale
Terms and Conditions of Sale applicable to the website https://happyvore.com/
Effective Date: October 23, 2024
1. Purpose
These General Terms and Conditions of Sale apply without restriction or reservation to all online sales offered by HappyVore on the website http://happyvore.com/ (the “Site”).
The Site is an e-commerce platform that allows users (the “Buyers”) to purchase various products that serve as plant-based alternatives to meat, including plant-based slices and plant-based sticks, offered for sale on the Site (the: “Products”), by placing one or more orders or by signing up for a subscription (the “Subscription”).
The purpose of these Terms and Conditions is to set forth the terms and conditions governing the online sale and delivery of Products, as well as to define the rights and obligations of the parties in this regard.
They can be accessed and printed at any time via a direct link at the bottom of the Website's page.
The applicable version of the Terms and Conditions is the one available online on the Website as of the date of the Buyer’s order; a copy of these Terms and Conditions is sent to the Buyer along with the order confirmation via a link that directs the Buyer to that page on the Website.
These general terms and conditions of sale take precedence over any other general or specific terms and conditions not expressly approved by HappyVore.
Where applicable, these terms may be supplemented by specific terms of use for certain services offered on the Site, which supplement these general terms and conditions and, in the event of any conflict, shall take precedence over them.
2. Seller Information – Customer Service
The Site is operated by HappyVore, a simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under No. 880 710 223, with its principal place of business located at 50 rue Saint-Lazare – 75009 Paris (“HappyVore”), which offers the Products for sale.
HappyVore can be contacted through the Buyer’s Personal Account, as defined in Article 4, “Registration on the Site,” or at the following contact information, particularly for any complaints or requests to contact customer service:
Mailing Address: 50 Rue Saint-Lazare, 75009 Paris
Email Address: contact@happyvore.com
3. Legal Capacity and Acceptance of the Terms and Conditions
3.1 Legal Capacity
The Site is accessible:
• Any individual with full legal capacity to enter into agreements under these terms and conditions. An individual who does not have full legal capacity may access the Site only with the consent of his or her legal representative.
• Any legal entity acting through a natural person who has the legal capacity to enter into contracts in the name and on behalf of the legal entity.
3.2 Acceptance of the Terms and Conditions
The Buyer’s acceptance of these terms and conditions is indicated by checking a box on the order form. Such acceptance must be full and complete. Any acceptance subject to conditions is considered null and void.
A Buyer who does not agree to be bound by these terms and conditions must not place an order on the Site.
4. Registration on the Site Before Purchasing Products
4.1 To place an order on the Site—whether as part of a Subscription or not—the Buyer must register by filling out the form provided for that purpose on the Site.
In all cases, the Buyer must provide all information and supporting documents marked as required. Any incomplete registration will not be accepted.
Registration automatically results in the opening of an account in the Buyer’s name (the “Account”), giving the Buyer access to a personal space (the “Personal Space”) that allows the Buyer to manage their purchases in the form and using the technical means that HappyVore deems most appropriate.
The Buyer warrants that all information provided in the registration form is accurate, up-to-date, and truthful, and is not misleading in any way.
The user agrees to update this information in his or her Personal Account in the event of any changes (including, for example, a change of mailing address), so that it always meets the criteria listed above.
The Buyer is informed and agrees that the information entered for the purpose of creating or updating their Account shall serve as proof of their identity. The information entered by the Buyer is binding upon them as soon as it is validated.
4.2 The Buyer may access their Personal Account at any time after logging in with their username and password.
The Buyer agrees to use his or her Account personally and not to allow any third party to use it in his or her place or on his or her behalf, unless he or she assumes full responsibility for such use.
The Buyer is also responsible for maintaining the confidentiality of their username and password, as any access to the Site using these credentials is deemed to have been made by the Buyer. The Buyer must immediately contact HappyVore using the contact information provided in the “Seller’s Identity and Contact Information” section of these Terms if they notice that their Account has been used without their knowledge. The Buyer acknowledges HappyVore’s right to take all appropriate measures in such cases.
5. Product Specifications
Before placing any online order or subscribing to a Subscription—and in accordance with the provisions of Article L111-1 of the Consumer Code, among others—the Buyer may review, on the Website, the specifications of each Product they wish to order.
The Products comply with all French standards, laws, and regulations relating to health, safety, and consumer protection.
The safety and quality of the Products are guaranteed by compliance with the rules governing the transportation and storage of the Products until their delivery to the Buyer.
However, if the Buyer notices that safety or quality standards are not being met, the Buyer agrees to immediately notify HappyVore by sending an email to contact@happyvore.com so that HappyVore can address the issue as soon as possible.
The ingredients for each Product are listed on the Website. If a product is missing when the order is being prepared, HappyVore agrees to replace it with a product of equivalent quality, while supplies last.
6. Orders
6.1 Placing an Order
To place an order, the Buyer must select the Product of their choice and add it to their shopping cart.
The Buyer also has the option to sign up for a subscription that allows them to schedule recurring orders for Products.
The customer can view the summary of their shopping cart at any time as long as the order has not been finalized and can correct any errors in the information they have entered.
An order is considered received by HappyVore when it becomes accessible to HappyVore.
6.2 Order Confirmation
Upon completion of their order—whether as part of a subscription or not—the Buyer will receive an order confirmation via email that:
- summarizes the order details and the estimated delivery time,
- includes the terms and conditions in effect on the date of the order,
- includes the invoice for the order.
The Buyer must ensure that the contact information provided in their Account is correct and that it allows them to receive the order confirmation email. If they do not receive this email, the Buyer must contact HappyVore using the contact information provided in Article 2.
HappyVore recommends that the Buyer keep the information contained in the order confirmation, which is deemed to have been received once the Buyer can access it.
7. Subscriptions
7.1 Description of Subscriptions
The Buyer has the option to purchase a Subscription with or without a commitment.
Several subscription plans are available on the Site:
- Miam Pack Subscription – no commitment,
- Miam Pack Subscription – with a commitment to 3 product deliveries,
- Miam Pack Subscription – with a commitment to 6 product deliveries.
- Miam Pack Subscription – with a commitment to 9 product deliveries.
The details of each of these Subscriptions are described on the Site.
7.2 Subscription Terms
The subscription begins on the day it is purchased.
If there is no commitment, the Subscription is entered into for a term selected by the Purchaser ranging from 1 to 4 months, automatically renewable for periods, the duration of which is also selected by the Purchaser and may range from 1 to 4 months (the “Periods”), from date to date, unless the Subscription is terminated in accordance with the terms herein.
If the Subscription includes a commitment, it remains in effect for the period necessary for the Buyer to fulfill that commitment, namely the minimum number of Product shipments required by the commitment. Once the minimum commitment for Product shipments has been met, the Subscription is automatically terminated.
According to Article L215-1 of the Consumer Code:
“For service contracts entered into for a fixed term with a tacit renewal clause, the service provider must inform the consumer in writing—via a personalized letter or dedicated email—no earlier than three months and no later than one month before the end of the period during which the consumer may reject the renewal, of the option not to renew the contract entered into with a tacit renewal clause. This information, provided in clear and understandable terms, must include, in a prominent box, the deadline for opting out of renewal.
If this information was not provided to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time on or after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date on which the initial fixed-term contract was converted, shall in this case be refunded within thirty days of the date of termination, less the amounts corresponding to the performance of the contract up to that date. The provisions of this section apply without prejudice to those that legally subject certain contracts to specific rules regarding consumer information.”
7. Prices and Payment Terms
7.1 Prices of Products and Subscriptions
The prices of Subscriptions and the selling prices of Products are listed on the Site.
Prices are listed in euros, including all taxes (French VAT and other applicable taxes).
HappyVore reserves the right, at its sole discretion and under terms and conditions determined solely by it, to offer promotional deals or price reductions.
Prices do not include any shipping charges that may apply to the delivery of the Products, which will be billed in addition to the price of the Products. The amount of the applicable shipping charges will be indicated before the Buyer confirms the order.
If delivery fails due to an incorrect or incomplete address provided by the Buyer, additional charges may be assessed, as specified in Section 9.2, “Shipping Methods.”
The applicable price is the one displayed on the Site at the time the Subscription is purchased or the Buyer’s order is placed.
7.3 Payment Terms
The full price of the Products is due upon ordering.
The Subscription fee is due on the date of subscription and then on its anniversary date upon each renewal.
Payment may be made online by credit card through the secure online payment service listed on the Site, via the providers Stripe (for immediate payment) or Pledge (for deferred payment), or by any other method offered on the Site at the time of ordering.
The Buyer warrants to HappyVore that it has the necessary authorization to use the selected payment method.
HappyVore reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by the Buyer, in the event of a payment issue, or in the event of fraud or attempted fraud related to the use of the Site.
7.4 Billing
The Buyer can access the invoice for their order in their Personal Account.
7.5 Retention of Title
HappyVore retains full and complete ownership of the Products sold until full payment, including shipping costs, has been received.
8. Order Fulfillment
Orders are prepared and packaged by HappyVore at its facilities with care and diligence, and in compliance with applicable regulations governing the sale of food products to consumers. As such, HappyVore undertakes to comply with—and to ensure that its suppliers and service providers involved in the marketing of the Products also comply with—the applicable regulations regarding the storage, safety, labeling, and traceability of food products, particularly with regard to packaging, product storage, and, for Products that require it, maintaining the cold chain. Products must be consumed by the expiration date indicated on each item.
9. Delivery
9.1 Delivery Area
Buyers are expressly informed that the Site offers delivery of Products only to metropolitan France.
9.2 Shipping Methods
Products ordered on the Site are delivered to the address specified by the Buyer at the time of order as the “shipping address” (which may differ from the billing address), and this address must be located in metropolitan France.
Under a Subscription, Products ordered on the Site will be delivered to the address specified at the time of subscription as the “delivery address” (which may differ from the billing address). If this address changes during the Subscription period, the Buyer agrees to update it in their Personal Account without delay.
Various shipping options may be available, depending on the product categories selected and their weight.
Before confirming their order, the Buyer is informed of the available shipping methods for the ordered Product(s), as well as the delivery times and fees associated with each of these shipping methods.
The Buyer must select the desired shipping method and provide all the information necessary for delivery using that method.
The Buyer is solely responsible for picking up the Products delivered to the designated location within the time required to ensure their proper preservation. It is the Buyer’s responsibility to be present to accept the ordered Products, as their preservation cannot be guaranteed after delivery.
If the Buyer or the person authorized to receive the order is not present at the time of delivery, no refund or rescheduled delivery will be offered other than the next scheduled delivery window. HappyVore therefore recommends that the Buyer notify Chronopost Customer Service—which handles the delivery—at least 24 hours before the scheduled delivery date if they are unable to receive the order.
Given the perishable nature of certain Products, HappyVore is not liable for any adverse effects that a delay in delivery caused by the Buyer may have on the Products.
9.3 Delivery Times
Delivery is made within the timeframe specified in the email and/or text message sent by our delivery partner, Chronopost, following order confirmation. This information is provided between 24 and 72 hours after the order is confirmed.
Nevertheless, the Buyer acknowledges and agrees that this delivery time may be adjusted by Chronopost, which handles deliveries for HappyVore; the Buyer will be notified of any such adjustment via email and/or text message.
If delivery is not made within the time period specified above, the Buyer may cancel the order by registered letter with return receipt or in writing on any other durable medium if, after having instructed HappyVore to make the delivery within a reasonable additional period under the same terms and conditions, HappyVore has failed to do so within that period.
The contract is considered terminated upon HappyVore’s receipt of the letter or written notice informing it of such termination, unless both parties have fulfilled their obligations in the meantime.
In the event of termination of the contract in accordance with the terms set forth above, the Buyer will be reimbursed for all amounts paid, including shipping costs, no later than 14 days following the date on which the contract was terminated.
HappyVore reserves the right, in any event, to contact the Buyer to offer alternative solutions for refunding the price of the Products and the shipping costs. The Buyer must explicitly state, in a durable medium, their acceptance of the chosen alternative refund method.
10. Loyalty Program
HappyVore offers the Buyer a loyalty program that allows the Buyer to receive discounts on future orders (“the Loyalty Program”).
The Buyer acknowledges and agrees that the Loyalty Offer applies only to orders for Products placed online directly on the Site, excluding any orders placed through a partner site.
Orders placed by a Buyer earn the Buyer one point for every euro spent.
The points are then credited to the Buyer’s Account and allow the Buyer to pay for the Products up to the total number of points earned and the value assigned to the points on the Site. The value of the points is indicated on the Site.
Points expire one year after the date on which they are credited to the Buyer’s Account.
The Buyer acknowledges and agrees that purchases of items sold under the names “Kit […],” “Miam Pack […],” or “Bundle […]” do not qualify for points.
11. Sponsorship
HappyVore offers Buyers a referral program under the terms described on the Site. Each Buyer has a unique referral code that they may share with other consumers they wish to refer (the “Referrer”). When a consumer signs up for a Subscription on the Site or orders a Product on the Site using the Buyer’s referral code, that consumer is considered to have been referred (the “Referred Customer”).
The Referrer and the Referred will each receive a credit of 15 € (including tax) in their Account, which they can use to pay for Products on the Site.
For the Referred Customer, this credit is valid for any first order placed on the Website totaling €60 or more (including tax), excluding promotional products. This credit, in the form of a €15 gift certificate (including tax), expires 15 days after it is issued.
For the Referrer, this reward will be paid in the form of points worth €15 (including tax), which can be converted into a gift certificate. These points will expire within one year of being awarded to the Referrer.
The Buyer is strictly prohibited from sharing their referral code on platforms dedicated to sharing promo codes and referral codes. This referral code may only be shared within a strictly private context (family and close friends). HappyVore reserves the right to deny the referral offer in the event of a violation of these rules or in the event of a legitimate suspicion of such a violation.
12. Right of Withdrawal
The Buyer is expressly informed and agrees that he or she has no right of withdrawal with respect to the purchase of the Products.
In accordance with the provisions of Article L.221-28 of the Consumer Code, the Buyer has no right of withdrawal for orders of perishable products—those likely to spoil or expire quickly—as well as products that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection.
13. Statutory Warranties
The Buyer is entitled to the statutory warranties against nonconformity and against hidden defects in the item sold, including nonconformities resulting from the packaging of Products ordered on the Site.
If the Buyer finds that the Product delivered to them is defective, non-conforming, or damaged, they must notify HappyVore using the contact information provided in Article 2 herein, specifying the nature of the defect, non-conformity, or damage observed and providing any relevant supporting documentation, including photographs.
HappyVore will arrange the return with the carrier of its choice and will notify the Buyer of the details by any appropriate means.
HappyVore will cover the cost of the return.
Products must be returned to HappyVore in their original packaging, along with a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms described above will not be accepted.
HappyVore will conduct the necessary checks and, to the extent possible, offer the Buyer a replacement for the affected Product(s). If replacement is not possible, HappyVore will refund the Buyer the full amount paid, as well as the corresponding shipping costs, by any appropriate means, as soon as possible and no later than 14 days after the date on which HappyVore informs the Buyer that the Product cannot be replaced.
It should be noted that, when invoking the statutory warranty of conformity, any consumer:
- has two years from the date of delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions set forth in Article L217-9 of the Consumer Code;
- is not required to provide proof of the goods’ lack of conformity during the two years following their delivery.
It should also be noted that the statutory warranty of conformity applies regardless of any commercial warranty that may have been provided.
In addition, any consumer may choose to invoke the warranty against hidden defects in the item sold, as provided for in Article 1641 of the Civil Code, within two years of discovering the defect.
In this case, he may choose between rescinding the sale or obtaining a reduction in the sale price in accordance with Article 1644 of the Civil Code.
14. Buyers' Obligations
Buyers are solely responsible for their use of the Products. It is their responsibility to verify that the Products meet their specific needs prior to purchase.
They must also take the necessary steps to back up, on their own, any information from their Personal Space that they deem necessary, as no copies of such information will be provided to them.
Finally, it is the responsibility of the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment from any unauthorized access.
15. HappyVore's Liability
14.1 HappyVore undertakes to conduct regular checks to verify the Site’s operation and accessibility. As such, it reserves the right to temporarily suspend access to the Site for maintenance purposes. Similarly, HappyVore shall not be held liable for any temporary difficulties or inability to access the Site resulting from circumstances beyond its control, force majeure, or disruptions to telecommunications networks.
14.2 HappyVore makes no warranty to the Buyer regarding the suitability of the Products for the Buyer’s needs, expectations, or constraints.
14.3 HappyVore shall not be held liable for any failure to perform or delay in the performance of sales contracts due to circumstances beyond its control or a force majeure event, it being expressly stated that, in addition to those events generally recognized by French case law, the following are considered force majeure events: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, disruptions or blockages of telecommunications networks, transportation systems, or postal services—including those resulting from strikes—damage caused by viruses that cannot be eradicated by security measures currently available on the market, as well as any legal, regulatory, or public policy obligation imposed by the competent authorities that would substantially alter these general terms and conditions.
In any event, HappyVore’s liability under these terms is expressly limited to only the direct, proven damages suffered by the Buyers.
15. Intellectual Property
The systems, software, structures, infrastructure, databases, and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) used by HappyVore on the Site are protected by all applicable intellectual property rights and database producer rights. Any disassembly, decompilation, decryption, extraction, reuse, copying, and, more generally, any act of reproduction, display, distribution, or use of any of these elements, in whole or in part, without HappyVore’s authorization is strictly prohibited and may result in legal action.
16. Personal Data
As the controller of the personal data processed in connection with the sale of Products on the Website, HappyVore adheres to a personal data protection policy, the details of which are set forth in the document titled “Privacy Policy,” which the Buyer is expressly encouraged to review.
17. Advertising
HappyVore reserves the right to include advertising or promotional messages on any page of the Site and in any communication to Buyers, in a form and under conditions to be determined solely by HappyVore.
18. Links and Third-Party Websites
HappyVore shall in no event be held liable for the technical availability of websites or mobile applications operated by third parties (including any of their partners) that the Buyer may access through the Site.
HappyVore assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which, it should be noted, are governed by their own terms of use.
HappyVore is also not liable for any transactions between the Buyer and any advertiser, professional, or merchant (including any of their partners) to whom the Buyer may be directed through the Site, and shall under no circumstances be a party to any disputes whatsoever with such third parties regarding, in particular, the delivery of products and/or services, warranties, representations, and any other obligations to which such third parties are bound.
19. Prohibited Behaviors
19.1 The following are strictly prohibited: (i) any conduct that is likely to interrupt, suspend, slow down, or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into HappyVore’s systems, (iii) any misuse of the Site’s system resources, (iv) any actions likely to impose a disproportionate load on the Site’s infrastructure, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe upon the financial, commercial, or moral rights and interests of HappyVore or the users of its Site, (vii) any practice that misuses the Site for purposes other than those for which it was designed, and, more generally, (viii) any breach of these Terms and Conditions or of applicable laws and regulations.
19.2 It is likewise strictly prohibited to monetize, sell, or grant access—in whole or in part—to the Site or to the information it contains.
19.3 Any commercial use of the Products by Buyers is prohibited, including, in particular, any resale or distribution for consideration.
19.4 In the event of a breach of any provision of this section or, more generally, of any violation of laws and regulations, HappyVore reserves the right to take all appropriate measures and to initiate legal action.
20. Unsubscribe
• No Subscription Required
The Buyer may request to unsubscribe from the Site at any time by contacting HappyVore at the following email address: contact@happyvore.com
• With a Subscription
The Buyer must cancel the Subscription no later than 15 days before the end of the current Period through their Personal Account.
HappyVore will terminate the Buyer’s Subscription no later than 15 days before the end of the current Period by sending an email to the Buyer.
Under a Subscription with a Commitment, the Buyer may not cancel the Subscription until HappyVore has delivered the minimum number of Product shipments.
Any period that has begun is due in full.
• For all Buyers
Any Buyer who does not have a Subscription may exercise their right to have their personal data deleted directly from the following page: https://happyvore.com/pages/mes-donnees-personnelles
Any Buyer with an active Subscription may request the deletion of their personal data as soon as their Subscription ends from the same page.
21. Changes
HappyVore reserves the right to modify these Terms and Conditions of Sale at any time and will notify Purchasers who have subscribed to a Subscription by any written means, including, but not limited to, email.
• Subscription with no commitment
Under a no-commitment subscription, HappyVore will notify subscribers to this subscription 30 days before the amended terms and conditions of sale take effect.
The amended Terms and Conditions of Sale apply when renewing the No-Commitment Subscription for a new Term.
If the Buyer does not accept these changes, he or she must cancel the Subscription without penalty in accordance with the terms set forth in the “Unsubscribe” section.
• Subscription with a minimum commitment
For Subscriptions that include a commitment period based on a minimum number of Product shipments, the amended terms and conditions of sale will take effect starting with the period following that commitment period.
• Non-Subscriber Buyer
For Buyers who have not subscribed to a Subscription, the applicable terms and conditions of sale will be those in effect on the date of the Buyer’s order; the Buyer must review and accept these terms for any order placed on the Site.
22. Language
In the event that these general terms and conditions are translated into one or more languages, the French language shall prevail in the event of any contradiction or dispute regarding the meaning of a term or provision.
23. Mediation
The Buyer has the right to seek the assistance of a consumer mediator, free of charge, to resolve amicably any dispute arising between the Buyer and HappyVore regarding the performance of this Agreement, in accordance with the terms set forth in Articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.
To that end, he or she may contact the following consumer ombudsman:
Consumer Mediation Center for Judicial Mediators (CM2C)
Mailing Address: 14 rue Saint Jean, 75017 Paris
Phone: 06 09 20 48 86
https://www.cm2c.net
Foreign buyers who are located within the European Union can visit the European online dispute resolution platform for consumer disputes, accessible here.
24. Governing Law
These Terms and Conditions are governed by French law.