GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale govern all sales and services provided by AZUR GOURMET SARL – trade mark Froggy Gourmet, a company incorporated under French law, whose registered office is located at 25-27 Avenue des Frères Roustan, 06600 Antibes, France, registered under number 950 840 892 00018, and whose website is www.froggygourmet.fr.
Acceptance of any quotation, order, or delivery implies the Customer’s full, unconditional, and irrevocable acceptance of these Conditions, which shall prevail over any other document or condition issued by the Customer, unless expressly agreed otherwise in writing by Froggy Gourmet.
1. ORDERS
All orders must be confirmed by the Customer via e-mail, WhatsApp message, or through the Chef’s List App. No order shall be binding upon Froggy Gourmet unless confirmed through one of these channels.
All confirmed orders are final and irrevocable.
Any modification or cancellation must be notified at least 48 hours before the planned delivery time and shall be subject to Froggy Gourmet’s prior written acceptance. Orders placed less than 48 hours before delivery cannot be modified or cancelled and will be fully or partially invoiced depending on the order contents.
Froggy Gourmet reserves the right to refuse, suspend, or cancel any order in the event of outstanding payments, credit concerns, or supply constraints. 
2. PRICES
The prices indicated in quotations or offers are valid only for the period mentioned therein. In the absence of a specified validity period, prices may be modified at any time without prior notice.
Prices are exclusive of applicable taxes (VAT), delivery charges, handling fees, and any additional charges, unless explicitly stated otherwise.
Where a price is indicated per kilogram (kg) or by weight, the final invoiced amount shall be adjusted according to the actual weight delivered. The Customer expressly accepts such variation and waives any claim in this respect.
3. TERMS OF PAYMENT
All invoices are payable in full within ten (10) calendar days from the date of delivery, unless otherwise agreed in writing.
Payments shall be made by bank transfer or credit card, without any deduction, set-off, or withholding. Credit card payments are subject to 2% bank service charge.
Any late payment shall automatically and without prior notice incur a penalty of 1% per day of delay, calculated on the total outstanding amount (including VAT), until full payment is received.
In addition, Froggy Gourmet reserves the right to:
- Suspend or cancel any pending or future orders,
- Require advance payment for subsequent orders,
- Claim compensation for any recovery costs incurred.
4. TERMS OF DELIVERY
Delivery times provided by Froggy Gourmet are given for information purposes only and are not contractually binding. Froggy Gourmet shall, however, use its best efforts to respect the agreed delivery date and time.
Reasonable delays shall not entitle the Customer to cancel an order, refuse delivery, or claim damages.
In the event that the Customer requests any modification to the agreed delivery date, time, or delivery location, or places an order requiring delivery within less than forty-eight (48) hours, Froggy Gourmet reserves the right, at its sole discretion and subject to product availability, to:
- Apply additional delivery or logistical charges, and/or
- Postpone or split the delivery, whether for the entire order or only for products that are unavailable within the requested timeframe.
Responsibility and risk for the products shall pass to the Customer upon delivery.
The Customer is solely responsible for ensuring appropriate conditions for receipt, handling, and storage of the products immediately upon delivery.
5. QUALITY AND COMPLAINTS
All products supplied by Froggy Gourmet meet high quality standards and comply with current French and European regulations.
The Customer must inspect deliveries immediately upon receipt.
Any anomalies, shortages, or quality issues must be notified to Froggy Gourmet in writing within 24 hours of delivery. Failing this, the products shall be deemed fully accepted without reservation.
Froggy Gourmet reserves the right to request photographic or documentary proof, as well as the return of products for verification.
Food products cannot be returned, except in the case of duly established and verified quality defects expressly acknowledged by Froggy Gourmet.
Froggy Gourmet shall not be held liable for any deterioration resulting from improper storage, handling, or use of the products after delivery.
6. LIABILITY
Froggy Gourmet’s liability is strictly limited, at its sole discretion, to the replacement or refund of defective products, subject to compliance with the complaint procedure set out above.
Froggy Gourmet shall not be liable for any indirect, consequential, or incidental damages, including but not limited to loss of profit, revenue, business, or opportunity.
7. FORCE MAJEURE
Froggy Gourmet shall not be liable for any failure or delay in the performance of its obligations due to events beyond its reasonable control (force majeure), including but not limited to acts of God, strikes, transport disruptions, supplier shortages, governmental actions, or supply chain disruptions.
In such circumstances, Froggy Gourmet reserves the right to suspend or cancel affected orders without liability.
8. CONFIDENTIALITY
All business, commercial, and technical information exchanged between Froggy Gourmet and the Customer shall remain strictly confidential and shall not be disclosed to any third party without the prior written consent of the other party, unless required by law.
9. APPLICABLE LAW AND JURISDICTION
These Terms are governed by French law.
Any dispute relating to these Conditions, their interpretation, performance, or termination shall be subject to the exclusive jurisdiction of the courts of Grasses, France, even in the case of multiple defendants or third-party claims.
10. AMENDMENTS
Froggy Gourmet reserves the right to amend these Terms and Conditions at any time.
Such amendments shall be communicated to the Customer and shall apply to all orders placed after such communication. Continued business or placement of orders shall constitute acceptance of the updated Terms.
By accepting a quotation, placing an order, or receiving delivery, the Customer confirms that they have read, understood, and fully accept these Terms and Conditions without reservation.