Terms and Conditions of Sale and Use

OVERVIEW
Welcome to Péché Mignon.

These Terms and Conditions of Sale and Use (hereinafter the “Terms”) govern all contractual relationships between Sarah SRL (hereinafter “Péché Mignon” or the “Seller”) and any person accessing the website www.peche-mignon.com or making a purchase (hereinafter the “Customer”).

Any use of the website, browsing or confirmation of an order implies full, complete and unconditional acceptance of these Terms.

These Terms set out, in particular, the ordering, payment, delivery and liability conditions, together with the respective rights and obligations of the parties.

Péché Mignon reserves the right to amend these Terms at any time. The applicable Terms are those in force on the date the order is confirmed.

If the Customer does not agree with these Terms, the Customer is asked not to use the website or its services.

These Terms take precedence over any other document, including any purchasing terms of the Customer, unless Péché Mignon expressly agrees otherwise in writing.

1. COMPANY DETAILS

Sarah SRL
Avenue des Alliés 95–97, 4960 Malmedy, Belgium
Company number: BE0643.910.942
VAT number: BE0643.910.942

Péché Mignon is a trade name operated by Sarah SRL.

Contact: help@peche-mignon.com

2. PURPOSE AND SCOPE

These Terms apply to all use of the website and to all orders for products offered online and delivered within the European Union and internationally, including the United Kingdom.

The Customer declares that they are acting as the final consumer. Any unauthorised resale or professional use may result in orders being suspended or cancelled.

3. PRODUCTS

The products offered are food products, often artisanal and perishable.

Due to their nature, variations in appearance, shape, colour, texture or taste may occur and do not constitute defects.

Images are for illustrative purposes and are not contractually binding.

Péché Mignon reserves the right to change an assortment and to replace any unavailable product with a product of comparable value, without incurring liability.

4. ORDERS AND CONTRACT FORMATION

Each order constitutes a firm offer to purchase by the Customer.

The contract is formed only when the order is expressly confirmed after payment has been validated.

Péché Mignon reserves the right to refuse, suspend or cancel an order, including in the event of:

• fraud or suspected fraud;
• abusive or repeated use of claim or refund procedures;
• an unresolved previous dispute;
• an obvious error in the price or description;
• product unavailability;
• inaccurate or incomplete contact or delivery details.

Any request to change or cancel an order after confirmation remains at the sole discretion of Péché Mignon.

5. PRICES AND PAYMENT

Prices are stated in euros (€), inclusive of all applicable taxes and exclusive of delivery charges.

Additional costs, including transport, customs duties, local taxes and import charges, are borne solely by the Customer.

Payment is due immediately when the order is placed.

In the event of an obvious pricing error, Péché Mignon reserves the right to cancel the order, including after confirmation.

The Seller reserves the right to suspend or cancel an order in the event of a payment incident or suspected fraud.

Payment service providers:
Transactions are secured by third-party providers. Péché Mignon cannot be held liable for technical malfunctions, service interruptions or incidents attributable to those providers.

6. DELIVERY

6.1 Delivery times
Delivery times are provided for guidance and do not constitute a contractual commitment.

6.2 Transfer of risk
In accordance with consumer law, risk transfers when the Customer, or a third party designated by the Customer, takes physical possession of the products.

6.3 Proof of delivery
Delivery is deemed to have taken place when the carrier provides proof of delivery, including a scan, signature, GPS confirmation or equivalent. Such evidence gives rise to a presumption of delivery unless the Customer provides evidence to the contrary.

6.4 Customer obligations
The Customer must provide accurate, complete and usable delivery information, actively monitor the progress of the parcel and take possession of it within the required time.

6.5 Failure to receive the parcel
Where failure to receive the parcel is attributable to the Customer, including absence, failure to collect, an incorrect address or refusal of the parcel, no refund will be due. Redelivery may be offered solely at the Customer’s expense, subject to availability.

6.6 International deliveries and the United Kingdom
Customs duties, taxes, import charges and administrative formalities are borne solely by the Customer.

If customs clearance is refused, the applicable charges are not paid or the parcel is abandoned, the parcel may be destroyed or returned without a refund.

7. FOOD PRODUCTS AND LIABILITY

As the products are perishable, the Customer is responsible for receiving them promptly and complying with the applicable storage conditions.

Péché Mignon cannot be held liable for alteration or deterioration resulting in particular from:

• a delivery delay beyond its control;
• adverse weather conditions;
• late collection of the parcel;
• unsuitable storage or preservation.

The Customer must check the allergens before consumption.

Consumption is the Customer’s responsibility, except where fault on the part of the Seller is proven.

8. RIGHT OF WITHDRAWAL

In accordance with Article VI.53 of the Belgian Code of Economic Law, the right of withdrawal does not apply to perishable goods.

No return or refund will be accepted, except in the event of proven non-compliance at the time of delivery.

9. CLAIMS AND DISPUTES

Any claim must be submitted within a strict period of 48 hours following delivery.

It must be accompanied by complete supporting evidence:

• photographs of the outside and inside of the parcel;
• photographs of the products concerned;
• a detailed description of the issue.

If these elements are not provided within the required period, the claim may be declared inadmissible.

Due to the perishable nature of the products, no claim can be accepted after this period.

Abuse:
Any abusive, fraudulent or repeated claim may result in future orders being refused, the Customer’s account being suspended and, where appropriate, legal proceedings being brought.

Péché Mignon retains full discretion regarding any commercial solution offered, without any automatic admission of liability.

10. INTELLECTUAL PROPERTY

All content on the website is protected. Any unauthorised reproduction or use is strictly prohibited.

11. LIABILITY

To the extent permitted by law, Péché Mignon’s liability is strictly limited to the amount of the order.

No indirect, non-material or consequential loss will be compensated.

Péché Mignon cannot be held liable for:

• delays attributable to carriers;
• improper use of the products;
• failure to comply with storage conditions;
• consequences related to allergens.

12. FORCE MAJEURE

Péché Mignon cannot be held liable for any delay, non-performance or partial performance resulting from an event that is beyond its reasonable control and is unforeseeable and unavoidable.

Such events include natural disasters, pandemics, logistics disruptions, supply shortages, service-provider failures, technical interruptions and customs blockages.

The obligations are suspended for the duration of the event. Péché Mignon may amend, postpone or cancel the order without compensation.

Where performance remains impossible for an extended period, the order may be cancelled and the undelivered products refunded, to the exclusion of any other compensation.

13. PERSONAL DATA

Personal data is processed in accordance with the GDPR. The Customer has rights of access, rectification and erasure.

The Privacy Policy takes precedence in the event of any inconsistency.

14. CONTRACTUAL HIERARCHY

In the event of any inconsistency:

• these Terms take precedence;
• followed by the specific policies;
• followed by the website content.

15. GOVERNING LAW AND DISPUTES

Belgian law applies.

The courts with jurisdiction over the Seller’s registered office are competent, subject to the Customer’s mandatory rights.

The Customer may use available out-of-court dispute resolution mechanisms.

16. CONTACT

help@peche-mignon.com