Article 1 - Scope and Purpose
These General Terms and Conditions of Sale (hereinafter the “Terms and Conditions”) apply, without restriction or reservation, to all sales entered into by minimiil, a French simplified joint-stock company (société par actions simplifiée) with share capital of €1,233, registered with the Paris Trade and Companies Register under number 980 957 385, whose registered office is located at 34 rue du Clos Four, 63100 Clermont-Ferrand (hereinafter the “Seller”), with non-professional buyers (hereinafter the “Customer” or “Customers”) through the website accessible at www.minimiil.com (hereinafter the “Website”). Their purpose is to define the rights and obligations of the Parties in connection with the online sale of fresh food products marketed by the Seller (hereinafter the “Products”).
The Seller reserves the right to amend these Terms and Conditions at any time. The applicable Terms and Conditions are those in force on the date the Customer places an order on the Website. The Customer is invited to read the Terms and Conditions carefully before placing each order. The Terms and Conditions are accessible at all times on the Website and shall prevail over any conflicting document. Placing an order through the Website implies the Customer’s full, immediate and unconditional acceptance of these Terms and Conditions, which the Customer acknowledges having read before confirming the order by ticking the box provided for this purpose. Such confirmation shall have the same value as the Customer’s handwritten signature.
Article 2 - Products and Characteristics
2.1. General Description of the Products
The Products currently offered for sale on the Website primarily consist of fresh food products made from natural, plant-based ingredients, including packs of nutritional shots designed for courses of consumption or occasional daily consumption. These Products are subject to strict refrigerated storage requirements in accordance with applicable food safety regulations. The Seller reserves the right to develop and expand its product range and may, in the future, offer other types of food products, including non-refrigerated products, in line with its mission focused on nutrition and well-being.
2.2. Product Information and Characteristics
The main characteristics of the Products are detailed on the product pages available on the Website. These include, in particular:
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composition and ingredients;
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nutritional values;
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use-by date;
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storage conditions, including temperature requirements;
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any allergens present.
The Customer must carefully read this information before placing any order and ensure that the Product is compatible with their needs, diet and any allergies they may have.
2.3. Illustrations and Visuals
The photographs, images and illustrations displayed on the Website are provided for illustrative purposes only. Although the Seller endeavours to provide the most accurate possible representation of the Products, visual differences may occur, particularly due to the plant-based nature of the ingredients.
Such elements are not contractually binding and shall not incur the Seller’s liability.
2.4. Compliance and Food Safety
The Products offered comply with French and European legislation applicable to food products. They are manufactured, packaged, stored and transported under strict hygiene and safety conditions in accordance with applicable standards.
2.5. Product Availability
Products are offered for sale subject to availability. Availability is indicated to the Customer when placing the order. If a Product becomes unavailable after the order has been confirmed, the Seller shall inform the Customer as soon as possible. The Customer may then:
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wait until the Product is back in stock;
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accept an equivalent Product;
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or request cancellation of all or part of the order.
Any amount paid for Products that are not delivered shall be refunded within a maximum period of 14 days following cancellation.
2.6. Restrictions
Products are sold exclusively in mainland France unless otherwise indicated on the Website. They are intended for personal, non-professional use. Any suspicious or unusually large order may be refused or reclassified as a B2B transaction at the Seller’s discretion.
Article 3 - Orders
3.1. Customer’s Legal Capacity
To place an order on the Website, the Customer must have legal capacity, meaning that they must be of legal age and not subject to any legal protection measure such as guardianship or curatorship. The Customer must act personally, as a consumer, and not for professional purposes. The Seller reserves the right to refuse any order that does not comply with this requirement or appears abnormal.
3.2. One-Off Orders
The Customer may order Products available on the Website on a one-off basis, without commitment. The ordering process is as follows:
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Product selection: The Customer selects the Product(s), specifies the desired quantity and adds them to their shopping cart.
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Cart review: The Customer is provided with a summary including the description of the Products, the unit price including VAT, the quantities selected, the total amount including VAT and any applicable shipping fees.
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Contact and delivery details: The Customer enters their billing and delivery information. The Customer is responsible for the accuracy of this information.
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Selection of delivery method: Available delivery options and any associated costs are displayed before payment.
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Order confirmation: The Customer confirms that they have read and accepted these Terms and Conditions by ticking the relevant box and then proceeds to the secure payment module.
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Confirmation: Once payment has been accepted, the Customer receives a confirmation email summarising the essential details of the order.
The sale shall be deemed final upon receipt of this email.
3.3. Subscription Orders
The Customer may also choose a subscription to receive selected Products on a recurring basis, at a defined frequency (weekly, every two weeks or monthly, depending on the options available at the time of ordering).
The process is as follows:
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Subscription selection: The Customer selects the Product(s) included in the subscription, the delivery frequency and the desired quantities.
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Account creation: A Customer account must be created in order to subscribe. The Customer provides their personal details, delivery address, payment information and any relevant instructions.
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Confirmation: A complete order summary is displayed before payment. The Customer confirms the subscription after accepting the Terms and Conditions.
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Recurring payment: The subscription amount is automatically charged according to the selected frequency. The Customer is notified of each payment and shipment.
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Confirmation: The Customer receives a confirmation email for the first order and a further confirmation email for each subsequent shipment.
The subscription is non-binding and may be cancelled at any time unless otherwise stated. However, any delivery cycle that has already begun remains payable. The subscription may be modified, paused or cancelled at any time through the Customer account or by written request to hello@minimiil.com.
3.4. Management of Information
The Customer is responsible for keeping their personal details, delivery information and payment information up to date, particularly in the event of a change of address or an expired payment card. The Seller shall not be held liable for any failure by the Customer to update such information.
3.5. Modification or Cancellation of an Order
In the event of an error in an order (incorrect address, Product or quantity), the Customer is invited to contact the Seller as soon as possible at hello@minimiil.com. The Seller cannot guarantee that an order can be modified once the preparation process has begun.
For subscriptions, any modification (change of date, Product, frequency or suspension) must be made at least 48 hours before the scheduled date of the next payment. After this deadline, the order shall be processed as originally scheduled.
3.6. Refusal of an Order
In accordance with Article L121-11 of the French Consumer Code, the Seller reserves the right to refuse an order in the event of:
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non-payment or a previous payment dispute;
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a suspicious order or an order placed in bad faith;
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misuse of the subscription service;
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incomplete or clearly inaccurate Customer information.
3.7. Record Keeping and Evidence
Orders are archived in the Seller’s computer systems on a reliable and durable medium, constituting a true copy in accordance with Article L213-1 of the French Consumer Code. The Customer agrees that electronic communications, including emails, order confirmations and order history, may be used as evidence between the Parties.
Article 4 - Prices
4.1. Applicable Prices
Product prices are stated in euros (€), inclusive of all taxes (incl. VAT), including the value-added tax applicable on the date of the order.
The applicable prices are those displayed on the Website when the Customer confirms the order.
4.2. Shipping Fees
Unless otherwise stated on the Website, the prices displayed do not include shipping fees, which are specified before final confirmation of the order.
The total amount payable by the Customer, including the price of the Products and any applicable shipping fees, is displayed before the order is confirmed.
4.3. Changes to Prices
The Seller reserves the right to change its prices at any time. However, the price charged to the Customer shall be the price in force when the order is confirmed.
For subscriptions, any change in price shall be notified to the Customer by email at least 7 days before it takes effect. The Customer may then choose to maintain, modify or cancel the subscription before the next scheduled payment.
4.4. Invoicing
An invoice is issued for each order and may be accessed through the Customer’s personal account or sent by email upon request.
Article 5 - Payment Terms
The Customer may pay by bank card (Visa, Mastercard, American Express), as well as by any other payment method offered by the Seller at the time of ordering, through a secure payment platform.
The Customer guarantees that they are the authorised holder of the payment method used and that sufficient funds are available to pay for the order in full.
Payment is automatically charged after the order has been confirmed by the Seller, subject to authorisation by the issuer of the bank card used.
For subscriptions, payment is automatically collected for each subscription period according to the selected frequency (for example, weekly or monthly). The Customer is responsible for ensuring that their payment method remains valid and sufficiently funded throughout the subscription period.
In the event of a change of card or account, the Customer must update their payment information through their Customer account or upon request to the Seller.
In the event of non-payment or a failed payment, the order may be automatically cancelled and/or the subscription suspended or terminated, without prejudice to any damages the Seller may claim in respect of any loss suffered.
Transactions are secured and processed by an authorised payment service provider operating in accordance with applicable standards. The Seller never has access to the Customer’s complete banking details, with the exception of the last four digits required to identify a payment method.
In accordance with Article L.132-2 of the French Monetary and Financial Code, a commitment to pay by bank card is irrevocable. By providing their banking information, the Customer expressly authorises the Seller to charge their card for the Total Price. No additional fee may be charged to the Customer for using a payment method unless such fee does not exceed the costs actually incurred by the Seller.
In the event of a payment incident or failure to comply with these terms, the Seller reserves the right to suspend or cancel outstanding orders without the Customer being entitled to any compensation.
Article 5 bis - Gift Cards
5 bis.1. Nature and Operation
The Seller offers digital gift cards for sale, which may be used on the minimiil.com Website as full or partial payment for an order of Products. The gift card constitutes a prepaid payment method issued by the Seller. It may be used in one or more transactions, up to the amount of the available balance.
5 bis.2. Validity
Each gift card is valid for 6 months from its date of purchase. After this period, the gift card shall be considered expired and any remaining balance may not be refunded or extended.
The validity period is indicated on the gift card product page and in the purchase confirmation email.
5 bis.3. Non-Refundable and Non-Exchangeable
Gift cards are not redeemable for cash, except where otherwise required by law. They may not be exchanged for cash or for another credit voucher. In the event that the code is lost or stolen, the Seller shall not be held liable and no replacement shall be provided.
5 bis.4. Right of Withdrawal
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to gift cards where their use has begun before the expiry of the 14-day withdrawal period.
For gift cards purchased online that have not yet been used, the Customer retains the right of withdrawal for 14 days from the date of purchase.
Article 6 - Delivery
6.1. Delivery Areas
Products are delivered exclusively within continental mainland France. Due to cold-chain requirements, deliveries to Corsica, the French overseas departments and regions (DROM), and the French overseas collectivities (COM) are not currently available.
This restriction is solely due to the technical impossibility of guaranteeing compliance with cold-chain requirements in these territories.
The Customer is invited to check whether delivery is available to their address before placing an order. If the address is not within a serviced area, the order cannot be confirmed.
6.2. Delivery Methods
Products are transported and delivered under conditions appropriate to their fresh nature. The Seller entrusts deliveries to a professional carrier capable of maintaining the cold chain where necessary.
Products are delivered to the address provided by the Customer when placing the order. The Customer is solely responsible for the accuracy of the information provided. In the event of an error or incomplete information, the Seller shall not be held liable for a failed or delayed delivery.
Except in exceptional circumstances or where a Product is unavailable, the entire order shall be delivered in a single shipment.
6.3. Delivery Times
Orders are prepared and shipped within 48 business hours, subject to Product availability. In the event of unavailability, the Seller shall apply the provisions of Article 2.5.
Delivery times are indicated on the Website when the order is placed for information purposes only. Orders are generally dispatched within 48 business hours, depending on the delivery area and selected delivery slot.
The Seller shall use its best efforts to deliver the Products within the stated timeframes. However, these may vary due to logistical circumstances, particularly for fresh Products.
6.4. Shipping Fees
Shipping costs €9.90 (incl. VAT) for any order whose total amount, after deduction of any applicable discounts, is less than €33 (incl. VAT). Shipping is free for orders of €33 or more (incl. VAT).
Orders placed as part of a subscription benefit from free shipping.
These conditions apply to deliveries in continental mainland France, excluding Corsica and the French overseas departments and territories.
6.5. Receipt and Inspection of the Parcel
The Customer must inspect the condition of the parcel upon delivery. If any issue is identified (damaged parcel, missing Product, damaged Product, etc.), the Customer must:
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refuse the parcel if it is visibly damaged;
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or state any specific reservations to the carrier on the delivery note.
In the event of an apparent issue (damaged parcel, missing Product, broken Product, etc.), the Customer is strongly advised to inform the Seller within 24 hours of receipt by submitting a claim, together with photographs, to hello@minimiil.com.
This 24-hour period is intended solely to enable the Seller to process the claim efficiently, particularly with the carrier.
This procedure does not in any way restrict the Customer’s rights. The Customer continues to benefit from all applicable statutory warranties, including the legal guarantee of conformity provided for under Articles L.217-1 et seq. of the French Consumer Code.
6.6. Reshipment / Second Delivery
If a parcel is returned to the Seller due to an incorrect address, the Customer’s absence or failure to collect the parcel within the required timeframe, the Seller shall offer the Customer the option of reshipment. Any additional reshipping costs shall be borne by the Customer.
6.7. Transfer of Ownership and Risk
Ownership of the Products shall pass to the Customer upon full payment of the price.
The risk of loss of or damage to the Products shall pass to the Customer upon physical receipt of the Products by the Customer or by a third party appointed by the Customer for this purpose.
Article 7 - Right of Withdrawal
In accordance with Articles L221-18 et seq. of the French Consumer Code, the Customer is, in principle, entitled to a period of fourteen (14) days from receipt of the order to exercise their right of withdrawal, without having to provide any reason and without incurring any costs other than return shipping costs.
However, pursuant to Article L221-28 of the French Consumer Code, this right of withdrawal does not apply:
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to fresh or perishable food products or products liable to deteriorate rapidly;
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to products that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection.
Consequently, as the Products marketed by minimiil primarily consist of fresh food products, no right of withdrawal may be exercised after delivery, except in the event of a lack of conformity or a hidden defect, under the conditions set out in Article 8 of these Terms and Conditions.
Article 8 - Statutory Warranties
8.1. Legal Guarantee of Conformity
In accordance with Articles L217-3 to L217-20 of the French Consumer Code, the Customer benefits from the legal guarantee of conformity for the Products ordered.
The Seller undertakes to deliver a Product that conforms to the contract, meaning that it must:
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be fit for the purpose normally expected of similar goods;
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correspond to the description provided on the Website and to the stated characteristics;
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be free from manufacturing defects or deterioration upon delivery.
This guarantee covers any lack of conformity existing at the time the Product is delivered, including defects resulting from the packaging.
In the event of non-conformity of the Products, the Customer must notify the Seller of the Product defects and provide a detailed explanation of the issue encountered.
If the claim falls within the scope of a lack of conformity or hidden defect, the Customer may choose:
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to receive a Product of equivalent quality and price, subject to availability;
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or to receive a refund of the price of the Product ordered within fourteen (14) days of the request.
The shipping costs for a replacement Product shall be borne by the Seller.
Any claim must be submitted to hello@minimiil.com and include:
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a description of the defect identified;
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photographs or other supporting evidence;
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the relevant order number.
The Seller shall then inform the Customer of the procedure to be followed for the return.
Where applicable, the Seller shall refund or replace, as soon as possible and at its own expense, any delivered Products for which a lack of conformity or apparent defect has been duly demonstrated by the Customer.
8.2. Legal Guarantee Against Hidden Defects
Independently of the legal guarantee of conformity, the Customer may rely on the legal guarantee against hidden defects provided for under Articles 1641 to 1649 of the French Civil Code.
This guarantee applies where the Product sold has a hidden defect that makes it unfit for use or substantially impairs its use, and where such defect was unknown to the Customer at the time of purchase.
In such circumstances, the Customer may:
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return the Product and request a full refund of the purchase price;
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or retain the Product and request a partial refund.
Any action based on hidden defects must be brought within two (2) years of discovery of the defect.
8.3. Specific Provisions Applicable to Food Products
As the Products marketed by minimiil primarily consist of fresh food products, the legal guarantee of conformity and the legal guarantee against hidden defects apply subject to their perishable nature and shelf life.
No refund or replacement may be requested if:
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the Product was stored under inappropriate conditions after delivery (e.g. a break in the cold chain);
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the Product is consumed after the use-by date stated on the packaging;
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the defect results from improper handling by the Customer.
Article 9 - Liability
9.1. Seller’s Liability
The Seller is automatically liable for the proper performance of the obligations arising from the distance contract entered into with the Customer, in accordance with Article L221-15 of the French Consumer Code.
However, the Seller shall not be held liable where:
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failure to perform the contract is attributable to the Customer (e.g. incorrect delivery address, failure to collect the parcel, improper storage of the Products);
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failure to perform the contract results from an event of force majeure as defined in Article 14 of these Terms and Conditions;
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the damage results from inappropriate use or use of the Products that does not comply with their intended purpose.
9.2. Allergens and Nutritional Information
The food Products marketed by minimiil may contain allergens (e.g. celery, tree nuts, etc.). Such information is specified on the labels and/or product descriptions available on the Website.
Before placing any order, the Customer is responsible for ensuring that the Products do not pose any risk in light of their health, intolerances or allergies.
minimiil accepts no liability in the event of an allergic reaction or improper use of the Products by the Customer.
9.3. Limitation of Liability
Under no circumstances shall the Seller be held liable for:
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indirect damages (loss of business, loss of revenue, reputational damage, loss of data);
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delays or failures in delivery attributable to the carrier or to inaccurate information provided by the Customer;
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damage resulting from improper storage of the Products after delivery.
In all circumstances, the Seller’s liability shall be strictly limited to the amount of the relevant order, except where otherwise required by mandatory law.
9.4. Access to the Website
The Website is accessible 24 hours a day, 7 days a week, except in the event of interruption for technical maintenance, updates or force majeure.
The Seller cannot guarantee that the Website will be free from bugs or other issues affecting navigation or functionality.
The Seller accepts no liability in the event of:
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temporary interruption of access to the Website;
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loss of data resulting from use of the Website;
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indirect damage resulting from a technical malfunction.
Article 10 - Website and Customer Account
10.1. Access to the Website
The Website is accessible free of charge to any User with Internet access. All costs associated with accessing the Website, including hardware, software and Internet access costs, shall be borne exclusively by the User.
The Seller endeavours to maintain uninterrupted access to the Website. However, access may be temporarily suspended for maintenance, updates or in the event of force majeure, without giving rise to any right to compensation.
10.2. Creation and Management of the Customer Account
Placing an order requires the creation of a Customer Account. For this purpose, the Customer must provide:
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a valid email address (login);
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a secure password;
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personal information (surname, first name, postal address, telephone number, etc.).
The Customer undertakes to provide accurate information and to update it in the event of any change (e.g. change of address or telephone number).
Each Customer may create only one account. In the event of fraud, attempted identity theft or the creation of multiple accounts, the Seller reserves the right to delete or suspend the relevant Account without prior notice or compensation.
10.3. Login Credentials and Security
Login credentials (email address and password) are strictly personal. The Customer undertakes not to disclose them to third parties.
The Customer is responsible for any action carried out through their Account, including in the event of fraudulent use by a third party, unless the Customer can demonstrate a security breach attributable to the Seller.
If the Customer suspects any unauthorised use of their Account, they must immediately contact customer service at hello@minimiil.com.
10.4. Proper Use of the Website
The Customer undertakes not to use the Website in any manner intended to:
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disrupt its proper operation;
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attempt to gain fraudulent access to other users’ data or to servers;
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introduce malicious software (viruses, Trojan horses, etc.);
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infringe the Seller’s rights, these Terms and Conditions or applicable laws.
Failure to comply with these rules may result in the immediate deletion of the Customer Account, without prejudice to any legal proceedings that may be initiated.
10.5. Account Deletion
The Customer may request permanent deletion of their Account at any time by sending an email to hello@minimiil.com. The Account shall be deleted within a maximum period of 30 days.
Deletion of an Account is irreversible and results in the loss of access to the Customer’s order history.
Article 11 - Personal Data
All information relating to the collection, processing and retention of personal data, as well as the rights of individuals in relation to their personal data, is detailed in the Privacy Policy available at:
https://minimiil.com/pages/politique-de-confidentialite
The Privacy Policy specifies, in particular, the nature of the data collected, the purposes for which it is processed, the applicable retention periods, any recipients of such data, and the rights (access, rectification, erasure, portability, objection, etc.) that each Customer may exercise.
Article 12 - Intellectual Property
All elements available on the Website (texts, visuals, images, videos, logos, trademarks, designs, models, domain names, databases, etc.) are the exclusive property of the Seller or, where applicable, are used by the Seller under licence.
Any reproduction, representation, modification, publication, transmission or alteration, in whole or in part, of any such elements, by any means and on any medium whatsoever, is strictly prohibited without the Seller’s prior written authorisation.
Any unauthorised use of all or part of the Website or its content may result in legal proceedings, particularly for intellectual property infringement.
Article 13 - Mediation and Dispute Resolution
In accordance with Articles L.612-1 et seq. of the French Consumer Code, in the event of a dispute with the Seller that has not been resolved, the consumer Customer may refer the matter free of charge to a consumer mediator with a view to reaching an amicable settlement.
The appointed mediator is:
CNPM MÉDIATION CONSOMMATION
C/O Centre d’Affaires Stéphanois SAS
Immeuble L’HORIZON – Esplanade de France
3, rue J. Constant Milleret
42000 SAINT-ÉTIENNE
Website: https://www.cnpm-mediation-consommation.eu
The Customer may also use the European Online Dispute Resolution platform at:
https://ec.europa.eu/consumers/odr
Recourse to mediation is optional and does not suspend the statutory time limits for bringing legal proceedings.
Article 14 - Governing Law and Jurisdiction
These General Terms and Conditions of Sale and the transactions arising therefrom shall be governed by and construed in accordance with French law.
In the event of a dispute that cannot be resolved amicably or through mediation, the French courts shall have exclusive jurisdiction in accordance with the applicable rules of jurisdiction, including in the event of summary proceedings, multiple defendants or third-party proceedings.
