Version dated 21.07.2021
In addition, the use of the Application by the User is also subject to the following:
- Privacy Notice: https://yandex.com/legal/privacy_notice_deli/?lang=en
- User Agreement of authorization service provided by Deli International’s affiliated company: https://yandex.com/legal/rules
a. Deli International SAS, a société par actions simplifiée, whose registered office is located at 6, place de la Madeleine, 75008 Paris, registered in the Registre du Commerce et des Sociétés of Paris under number 898 050 430, and with VAT number FR 67898050430 (hereinafter “Deli International”);
b. And any User (as defined below), it being provided that only legally capable natural persons of at least 18 years of age may place Orders on the Application.
1. The Application is an application through which inter alia, food and home products are ordered and delivered on line. The Application is managed by Deli International, who can be contacted as follows: tel.: + 33184884270.
2. Nothing stated on the Application constitutes a recommendation or opinion with respect to the purchase of any Product.
3. Deli International may, at any time and in its sole discretion, change and/or remove and/or add to any Products, services, content or information displayed on the Application, and/or determine, at its sole discretion, their location and design, and otherwise decide on any other matter relating to such services, content and/or information.
Use of the Application
2. The services being performed by Deli International are in whole or in part ‘location-based services’ aided by GPS software for the purpose of determining the location of the User. Some of the services cannot be provided without the User’s consent to use of such software, and therefore, by installing the Application, the User agrees to Deli International being aided by GPS software in order to determine the User’s location.
3. Use of the Application is only possible by using iPhone devices and devices with an Android operating system with access to a telecommunications network allowing access to the Internet. All costs relating to access are borne exclusively by the User, who is solely responsible for the proper functioning of his computer equipment and Internet access.
4. Use of the Application is for personal and private purposes. The User may not and may not allow others to copy and/or use any content contained in or associated with the Application, for any purpose other than private and personal use.
6. The use of computer applications and/or software and/or other means for searching, copying, scanning or retrieving services and/or content from the Application is prohibited.
7. In order to register and/or for the purpose of ordering a delivery, the User shall be required to provide a telephone number (for whose accuracy the User is solely responsible and any changes in which shall be notified to Deli International through the Application), and it shall also be required to inform Deli International of its location or of any location where it wishes the delivery to be performed. Payment for the Order shall be made by credit card only. Deli International is entitled to change its policies and the processes in this respect and to determine additional ways to identify Users during registration.
8. The User may at any time unsubscribe from the Application free of charge and without reason.
10. The User shall use the Application and/or the services rendered through it in good faith. The User shall not use the Application with the purpose of harassing other Users and/or Deli International. The User shall not harm, injure or damage the reputation or property of other Users and/or Deli International.
11. The User may not modify, decompile, disassemble, decrypt and perform any other actions with the object code and source code of the Application meant to obtain information on the implementation of algorithms used in the Application, create derivative works using the Application and otherwise use the Application and any of its components.
13. For the User to install the Application’s software in its devise Deli International shall, free of charge and under an ordinary (non-exclusive) license, grant to the User the non-transferable right to use the Application’s software in all countries of the world as intended, wherefore to copy and install (reproduce) it on the User’s mobile devices, regardless of the number of such devices.
14. The User may not change and/or delete the name of the Application software, the copyright notice or any other references to the Deli International.
1. The service provided through the Application is rendered only within the delivery areas determined by the Application, which may change from time to time at the sole discretion of Deli International (“the Delivery Area”) without prior notice.
2. The delivery of Products purchased via the Application will only be possible if the address stated on the Application by the User is within the Delivery Area, and further provided there is no technical or other matter preventing such delivery.
2. The Products will appear in lists displayed on the Application (“Product List”), and according to the location requested by the User on the Application.
3. The purchase of alcoholic beverages is allowed only for Users that are over 18 years old. In including alcoholic beverages in the Order, the User affirms that he is over 18 years old. On the delivery of alcoholic beverages, the User may be required to present an identity card and/or other document proving the User’s age. Deli International may refuse to deliver such products to the User if there is any doubt as to the User or the person receiving the Product being over 18 years old. The User disclaims his rights under article 1587 of the French civil code (sale of wine only conclusive after tasting and agreement of the buyer).
4. Deli International may offer special deals, benefits and discounts on the Application. The deals are limited in time and/or quantity, and depend on stock availability at each Deli International depot. Deli International is entitled to terminate, replace or change the deals at any time, without prior notice.
5. Deli International shall be entitled at any time, to change, replace or remove any or all of the Products listed in the Product List.
6. The manner in which the Products are displayed on the Application shall be determined by Deli International from time to time in its sole discretion. Images of the Products displayed on the Application are for illustrative purposes only and nothing in them shall be binding upon the Deli International.
7. If, during the handling of the User’s Order by Deli International, it is discovered that any of the Products are out of stock (whether or not this has been included in the User’s shopping cart), such Products shall not be included in the User’s final account, and the price thereof shall be deducted from the account and removed from the Order list. The User shall have no claim against Deli International by reason of any unavailability of stock.
8. The User may only order a reasonable quantity of any Product for domestic use. Deli International shall determine the quantity which shall be deemed to be reasonable in its sole discretion.
9. Deli International in its sole discretion, may change and/or terminate, at any time, the activities of Deli International without prior notice.
1. The prices of the Products, as published on the Application, are the prices of the Products as last updated before the User’s visit to the Application, or at the time the Order is placed and confirmed by the User, whichever is later. Deli International shall be entitled, from time to time, to update the prices of the Products on the Application. Notwithstanding the foregoing, the price of the Products contained in the User’s Order as displayed on the Application at the time the Order is placed shall not change for 10 minutes from the time the Order is placed (provided the Application is not restarted).
2. For weighable products, the User will be charged according to the actual weight thereof. At the time the Order is placed, the estimated value of the Order is calculated using the estimated weight of the weighable products ordered and notified to the User. However, the actual charge is calculated by weighing the Products a short time before they are supplied to the User.
3. The current total value of the shopping cart is shown to the User in the shopping cart overview or in the Order overview. This current total value includes the delivery costs which are displayed separately.
4. The price of the Products is inclusive of tax and VAT applicable to the relevant Products.
5. The User agrees and acknowledges that in order to purchase the Products contained in its Order, it shall be required to place an Order whose total value is equal to or more than the value of the minimum order value stated on the Application. Deli International may at any time and from time to time change the minimum order value stated on the Application, including increasing and/or reducing it without prior notice, including, inter alia, to take account of the level of demand in the specific Delivery Area in which the User places its Order.
Making purchases via the Application
1. The shopping cart is created by adding individual Products that the User wishes to purchase out of the variety of Products displayed on the Application.
2. Once the shopping cart is filled, the purchase and order are completed by pressing the ‘pay here’ or any other similar button. The User shall be required to enter the delivery details, including the name of the person receiving the delivery, the delivery address and contact details. In addition, at this stage the User may change the means of payment previously entered into the system.
3. At the end of the process, a page will appear confirming that the Order has been created and will be transferred for continued handling. This page also summarizes the total price to be paid by the user as well as separately indicating the delivery cost. The page will include a link to these Term of Use applicable to the Order, which shall be in a form that can be kept and reproduced in accordance with article 1127-1 of the French civil code. This page does not constitute a sale contract.
4. Deli International Application makes no offer for the sale of Products hereunder. The receipt of an Order from a User for the purchase of Products shall constitute an offer by the User to purchase such Products, and the acceptance of such offer shall take place when the Products are actually delivered, subject to stock availability on the date of delivery, and in accordance with the provisions hereof.
1. Payments via the Application shall be made by means of a credit card belonging to the User and which the User confirms that he is authorized to use. Payment is to be made immediately after the Order is made. If the User chooses to use a different credit card, he shall enter all the details as required by the Application, and the new information entered by the User may be stored by the Application together with the previous information entered by the User. [Deli International is assisted by external clearance services which comply with the PCI standard, a stringent standard designed to ensure protection of credit card information, for the purpose of charging through credit cards.] Users’ credit card details may be stored by the clearance service companies. The clearance service companies will also deal with the charging of the cards. Deli International is not responsible for any fraudulent use of any payment method.
2. A User shall enter his credit card details on the Application interface as follows:
2.1. holder’s name;
2.2. credit card number;
2.3. expiration date;
2.4. security code. The User is solely responsible for the accuracy of such information.
3. If the bank card details are correct, effective and valid, and such card is usable on the Application, such credit card shall become the User’s linked card, and it may be used for making payments. All the linked cards are displayed on the Application interface; for the User’s convenience, the interface displays the 4 last digits of each linked card.
4. In order to ensure that the details of the linked card are correct and valid, an amount limited to 1 euro will be charged to the card; if the transaction is successfully completed, the said amount will be refunded. Failure to charge such amount to the card means that the card cannot be used.
5. Following delivery of the Products ordered, the User will receive a printable invoice by email to the email address provided.
Deli Yango’s operating hours
1. Placing an Order via the Application is possible during Deli Yango operating hours, except if the Application is shut down for maintenance and/or for any other reason. Deli International shall be entitled to suspend the provisions of its services on the Application for the purpose of maintaining, repairing, upgrading and improving all or some of the services. The User shall have no claim and/or suit against Deli International in respect of such maintenance, upgrading or improvement.
2. The dates and times of delivery of the Order are subject to the provisions hereof. The available delivery times are displayed on the Application, according to the area in which the Delivery is to be made and subject to Deli Yango’s Delivery Areas.
3. Placing and/or changing and/or cancelling an Order through Customer Service via chat in the Application is only possible during the operating hours of the Customer Service Center. Such operating hours may be updated from time to time at Deli International’s discretion, without prior notice, and published on the Application.
4. The operating hours of the Customer Service Center are currently: Monday to Saturday, 07:00-23:00, except Saturdays and holidays.
5. The operating hours of the Deli Yango are:
- Monday to Thursday, 8am to midnight,
- Friday and Saturday, 8am to 2am; and
- Sunday and public holidays from 10am to 10pm.
6. All times stated above are indicative and not contractual.
1. The Delivery of Products purchased via the Application will only be possible where the requested delivery address is within the Delivery Area, and provided there is no technical or other obstacle preventing delivery and all information necessary or desirable with respect to such delivery has been given by the User.
2. The Products contained in the Order shall be delivered by Deli International, subject to the provisions hereof concerning Deli International’s right not to deliver any Products, from one of the depots operated by Deli International, to be chosen by Deli International, according to the User’s location and/or the User’s selection.
3. The Delivery of any Product pursuant to an Order received is subject to the authorization of the transaction and means of payment by the credit card company, and Deli International reserves the right not to approve any payment, in its sole discretion.
5. Deli International will make every effort to deliver all the Products listed in the Order; however, not all Products may be available at all times for delivery within a reasonable time. Therefore, Deli International gives no undertaking that it will deliver all the Products contained in the Order, regardless of whether or not it has been stated on the Application that they are out of stock, and the User shall have no claim against Deli International for failure to deliver any Product ordered. Deli International shall only deliver to the User the Products that are available in the stock of the delivering depot during the preparation of the delivery.
6. Deli International shall not charge the User for any Product not supplied as described above.
7. If the User or any person acting on its behalf is not present at the time of delivery at the requested address for delivery, and the User does not consent to the courier placing the Products outside the entrance door or does not answer, the Products shall be returned to the Deli International depot, and the User’s Order shall be cancelled without the User being charged, with the exception of the delivery costs, which shall remain payable in full by the User and shall be charged at the rate applicable at the time of the Order. The User must be available to answer any telephone calls relating to the delivery on the telephone number provided by the User. The User must further take all measures necessary to ensure that the Order can be delivered safely.
8. If Deli International fails to meet the requested delivery time as a result of any action or inaction of the User, the User will remain liable to pay for the totality of the Order including the delivery costs, and no refund shall be due in this case.
9. The clock on the Application clock and Deli International’s data shall constitute final and conclusive evidence as to the time of confirmation of the Order by the User on the Application.
10. In any case, Deli International shall not be liable for delivery delays or failures that are not imputable to it, and in general for any event beyond its control or in cases of force majeure.
Return of Products/Cancelling/Changing an Order
1. The User may cancel or change an Order via the Application no later than the time when the Products to be delivered leave the Deli International depot.
2. In the event of a change, the price of the Order and the deals and benefits associated with it shall be adjusted accordingly.
3. In accordance with Article L.221-18 of the French Consumer Code, the User (provided he is a “consumer” within the French Consumer Code) has a period of 14 days to exercise its right of withdrawal. The 14-day period runs from the date of receipt of the Products by the User.
4. In accordance with Article L.221-28 of the French Consumer Code, certain Products are excluded from the application of the legal withdrawal period. For example, without limitation, the right of withdrawal cannot be exercised in respect of Products that are likely to deteriorate or expire rapidly (such as fresh and frozen Products); Products that have been unsealed by the User after delivery and that cannot be returned for reasons of hygiene or health and safety; or Products which, after delivery and by their nature, are inseparably mixed with other items.
5. On delivery, the User must check the Products delivered and compare them both to the Order made on the Application and to the invoice delivered at the time of delivery.
6. In the event that any variance is discovered between the Products ordered and the Products delivered, the User must notify the Customer Service Center of the error via the Application, within 24 hours from the time of delivery; any return of Products in such case shall be subject to Deli International’s return policy.
7. The User has a period of 14 days from the date of delivery to formulate any reservations or claims for apparent defects in the Products delivered.
8. After this period, and if the right of withdrawal is not exercised, the Products shall be deemed to be in conformity and free of any apparent defect and, subject to “Legal Guarantees” below, no claim may be validly accepted by Deli International.
9. To exercise its right of withdrawal the User must inform Deli International at the following email address: firstname.lastname@example.org or contact technical support in the Application.
10. The User must return the Product to Deli International without delay and in any event within 14 days of communicating its decision to withdraw. The Product must be returned in its original packaging and in its original condition. Damaged, soiled or incomplete Products are not accepted.
11. The cost of returning the Product shall be borne by the User.
12. If the User exercises this right of withdrawal, Deli International will, after receipt of the returned Products, refund the price of the Products and delivery cost.
13. Any refund will be made automatically to the account associated with the bank card used to pay for the Order.
14. If the Products are not returned within 14 days, and subject to “Legal Guarantees” below, the Order shall be deemed final and no refund shall be made.
1. Deli International is liable for defects in the conformity of Products sold via the Application. The Products are covered by the legal guarantee for hidden defects in accordance with articles 1641 et seq. of the French Civil Code. In order to benefit from this guarantee, the User must act within 2 years of the discovery of the defect. The User also benefits from the guarantee of conformity in accordance with articles L.217-4 to L.217-14 and L.411-1 of the French Consumer Code. This guarantee must be acted upon within two years of the delivery of the relevant Product.
2. In the event of a hidden defect, the User has the choice of returning the Products and thus having the full price of the Products refunded to him or keeping the Products and having part of the price refunded to him.
3. In the event of a lack of conformity with description of the Order, the User may choose between repairing or replacing the Products, unless this choice would entail a cost that is clearly disproportionate compared to the other option, taking into account the value of the Products and the seriousness of the defect.
4. To exercise his rights to be guaranteed hereunder the User must inform the Operator at the following email address: email@example.com indicating the basis of his claim and providing proof of purchase and other related documents.
1. The Products listed on the Application are described in a description that presents the essential characteristics of the Product selected. The information stated on the Products has been provided by the suppliers. Deli International shall not be liable for such information.
2. There may be errors and/or inconsistencies in the marking of the Products. Deli International shall not be held liable in the event of an error, even an apparent one, between the written description of the Products and their visual representation.
3. The presentation of Products in drawings, images or photographs is for illustration only and is not contractually binding. In the event of an inconsistency between the image and the name and marking of the Product (barcode), such marking shall prevail.
4. Allergens/gluten – the User must not rely upon the list of Product ingredients appearing on the Application. The User must read what is stated on the Product before using it.
1. Some of the information on the Products offered on the Application is provided to Deli International by the manufacturers, producers and/or importers of the Products (“Manufacturers”), and Deli International enters such information into the Application in the form it receives it. Deli International does not check the reliability, completeness or correctness of such information, or whether or not the ingredients or features of the actual Products match it. Deli International shall not be liable for any variation, deficiencies, misleading information or errors in such information or in or with respect to the nature or description of the Products or their suitability for the User’s needs. Deli International shall not be liable for any information concerning the Products or their components or ingredients appearing in recipes, video clips, and nutrition and health tips.
2. Deli International does not warrant that the services provided on the Application will be uninterrupted, timely, secure or high-quality or error free, or that they will be immune from unauthorized access to its computers and/or software, or from any damage, malfunction or failures, inter alia in hardware software, communication lines and systems, at the User’s premises or at the premises of Deli International or any of its suppliers, and the User shall have no claim against Deli International in this respect. The service may not be available in the future due to maintenance or upgrading requirements or for any other reason.
3. If, on placing the Order, the User is overcharged or undercharged, as a result of errors in calculation on Deli International’s part, the User shall be credited or debited for the entire difference, and shall not be required to pay or shall be charged such amount, as the case may be. If a delay occurs in the time the payment for the Order is charged, such amount shall be charged at a later date, and the User shall have no claim and/or suit and/or demand against Deli International and/or any person acting on its behalf and/or any of its managers and/or employees and/or affiliates, for the delay in charging such amount.
4. Any placing of commercial information and/or marketing communications on the Application is for informational purposes only, and shall not be construed as an offer to use and/or encouragement and/or endorsement and/or recommendation of and/or agreement to and/or a professional opinion on and/or agreement to the content and/or services offered on the Application, if any, by Deli International and/or any person acting on its behalf. In publishing Deli International’s Products, neither Deli International nor any person acting on its behalf expresses any opinion as to the suitability thereof to the purposes of the User, and/or the standard and/or quality of the Products and/or of any information, advertisements, links or services displayed on the Application. Neither Deli International not any person acting on its behalf shall be liable for the content of the advertisements (if any) or commercial information published on the Application.
5. Deli International may terminate the provision of services via the Application, and/or close the Application, and/or change, from time to time, the Application’s structure, appearance, or manner of operation, or the availability of the services and Products offered through it, without the need to notify the Users in advance. Use of the Application after any change therein constitutes acceptance by the User of the terms and conditions thereof, as modified.
6. Neither Deli International nor any person acting on its behalf shall be liable to the User and/or any third party for any direct, indirect, secondary, incidental, special or consequential damages or loss (including, without limitation, damages for loss of a database, loss of software, the costs of the delivery of a substitute service or interrupted, disrupted or impaired service) resulting from the use of or inability to use the Application, the purchase of goods or services, the performance of a transaction or delivery, or as a result of unauthorized use of the Application, or any change in the information provided by Deli International, including damage caused as a result of loss of profits, use or information, or other intangible assets, even if the Application was informed of the possibility of the occurrence of such losses.
8. Deli International cannot guarantee the security and absolute protection of the information, and does not warrant that the Application or use thereof are completely immune from unauthorised access to the information or content stored on the Application. Deli International shall not be liable in case of any security breach and/or damage caused as a result of use of the Application and/or the content displayed on it and/or the services provided through it by the User.
9. In any case, the liability of Deli International for damages resulting from death, injury or physical harm as well as other public policy liabilities under applicable law shall not be affected by these limitations and exclusions.
1. The intellectual property, including any copyrights and/or trademarks and/or designs and/or patents, and such other rights in the Application, including the Application’s design, software, application, graphic files, texts, images, technologies, processes, content, icons, computer codes and any other material contained therein (“Application’s Contents”) are the exclusive property of Deli International and/or its affiliates and/or any third parties by whom Deli International has been lawfully granted licenses.
2. Deli International retains all its rights and property in the Application’s Contents, and by entering into the Application you are not granted any license and/or right in all or part of such Application’s Contents.
3. Any reference in the various catalogues to any name, trademark, product and/or service of any third party, appears only for the User’s benefit, and nothing in it constitutes any advertisement, sales promotion, endorsement and/or recommendation with respect to them.
4. The Application and its contents are intended only for private domestic use and not for commercial use, and any use thereof shall be limited only for the purpose of the sale and purchase of Products through them. No such material shall be copied, reproduced, distributed, sold or displayed, without Deli International’s prior written consent.
1. In the context of the use of the Application, Deli International collects and processes the personal data communicated by the User at the time of registration as well as those resulting from its use of the Application.
2. For information on how Deli International processes and collects the Personal Data of its Users, please consult our Privacy Notice.
Links to other Internet pages
1. The Application may include hypertext links to other websites; these links take the User away from the Application.
2. These links are provided solely for the convenience of the User and Deli International cannot be held responsible for the content, advertising, Products or services to which they refer.
The User undertakes to indemnify Deli International for any damage, loss, loss of profits, payment or expense that may be incurred by it, including legal fees and trial costs, as a result of any violation hereof and/or any other harm caused to the Application by the User and/or by any person acting on its behalf.
Deli International shall be entitled to transfer its obligations and rights hereunder to any third party, without the need to obtain the User’s consent.
Governing law and jurisdiction
2. In the event of a dispute, the User may contact Deli International by email at firstname.lastname@example.org, specifying "Dispute" in the subject of the email.