Terms and Conditions of Sale and Use

Last updated: 11 August 2026

These Terms and Conditions of Sale and Use (the “Terms”) govern the use of www.mokaifuzion.fr, orders placed through the website, and the conditions applicable to catering enquiries and services arranged directly with MOKAÏ.

By placing an order, the customer confirms that they have read and accepted these Terms without reservation.

1. Seller information

The website and MOKAÏ services are operated by:

DU NORD AU SUD
French simplified joint-stock company (SAS)
Share capital: €1,000
SIREN: 883 744 526
RCS Nîmes: 883 744 526
Registered office: 97 chemin du Chenil, 30100 Alès, France

Establishment operating under the MOKAÏ trading name:

1 place Joseph Bermond – Ophira 1
06560 Valbonne, France

Establishment SIRET: 883 744 526 00061

Telephone: 09 88 34 85 93
Email: dunordausud29@gmail.com

VAT number: [TO BE CONFIRMED]

Hereinafter referred to as “MOKAÏ”.

2. Purpose

MOKAÏ offers, in particular:

• prepared meals, desserts, drinks and other food products;

• online ordering for Click & Collect;

• delivery of orders, including through a delivery provider such as Uber Direct;

• catering services for private individuals and businesses.

The essential characteristics, composition and price of products offered for sale are displayed on the website at the time of ordering.

Catering services are handled separately from the website checkout and may be subject to a quotation and specific terms agreed directly with MOKAÏ.

3. Products and availability

Products available for purchase are those displayed on the website at the time of the order, subject to stock availability and MOKAÏ’s preparation capacity.

Recipes, ingredients, side dishes and products offered may change according to seasonality, supply availability or production constraints.

If a product becomes unavailable after an order has been confirmed, MOKAÏ may offer the customer, depending on the circumstances:

• a replacement product of equivalent value, subject to the customer’s agreement;

• a refund for the unavailable product;

• or, where the unavailable item prevents the reasonable fulfilment of the whole order, cancellation and refund of the order.

Photographs displayed on the website are provided for illustrative purposes. The presentation of a dish may differ slightly from the photograph provided that its nature and essential characteristics remain consistent with the product ordered.

4. Prices

Prices applicable to an order are those displayed at the time the order is confirmed.

Prices shown to consumers are expressed in euros (€), including all applicable taxes (TTC).

Any applicable delivery charges or other fees are displayed to the customer before final confirmation of the order.

MOKAÏ may change its prices at any time. Any price change will not affect an order that has already been confirmed.

In the event of an obvious pricing error caused by a technical malfunction, MOKAÏ will contact the customer as soon as possible and may offer the customer the choice of confirming the order at the correct price or cancelling it for a refund.

5. Placing an online order

The customer selects the products they wish to purchase and adds them to their basket.

Before confirming the order, the customer can review:

• the products selected;

• the total price;

• the chosen collection or delivery method;

• and, where applicable, the selected payment method.

The customer must provide accurate and complete information necessary for fulfilment of the order, including valid contact details and, for delivery orders, the correct delivery address.

Before final confirmation, the customer must be given the opportunity to review the order and correct any errors.

The customer must also be given access to these Terms and Conditions and the applicable Refund and Cancellation Policy before confirming the order.

The final order button may state “Order and Pay” or another wording that clearly indicates that confirming the order creates an obligation to pay.

This applies whether the customer:

• pays immediately online;

• or chooses to pay at the counter when collecting a Click & Collect order.

After confirmation, an order summary or confirmation is sent or otherwise made available to the customer electronically.

MOKAÏ reserves the right to refuse or cancel an order for legitimate reasons, including:

• product unavailability;

• payment failure;

• suspected fraud;

• an unusually large order;

• or a practical inability to fulfil the order.

Where MOKAÏ cancels an order after payment has been received, the amount relating to products or services not supplied will be refunded.

6. Payment

Payment options depend on the type of order.

6.1 Click & Collect orders

For Click & Collect orders, the customer may choose between:

Online payment

The customer may pay for the order online when confirming it using PayPal.

Depending on the payment options made available by PayPal, payment may be made using a PayPal account or another payment method offered directly by PayPal.

Payments are processed securely by PayPal.

MOKAÏ does not receive or store the customer’s full bank card details where these are processed directly by PayPal.

An online order is considered paid once the payment transaction has been successfully authorised and confirmed.

Payment at the counter

The customer may instead choose to pay directly at MOKAÏ when collecting the order.

Payment at the counter may be made:

• by bank card;

• or in cash.

When this option is selected, no payment is taken through the website at the time the order is placed.

However, by confirming the order, the customer commits to collecting and paying for it in accordance with the selected collection arrangements.

Once preparation has begun, the cancellation rules set out in these Terms and in the Refund and Cancellation Policy continue to apply even where the order has not yet been paid.

6.2 Delivery orders

Orders placed for delivery must be paid online via PayPal at the time of ordering.

Payment on delivery is not available.

A delivery order is processed once online payment has been validated.

Delivery is fulfilled through Uber Direct, acting as MOKAÏ’s delivery service provider.

6.3 Catering services

Catering services are separate from the website’s online ordering and payment system.

No catering service is paid directly through www.mokaifuzion.fr.

Catering enquiries are handled directly with MOKAÏ and may result in a quotation specifying, in particular:

• the nature of the service;

• the date and location;

• the number of guests;

• the total price;

• any amount payable when booking;

• payment arrangements and deadlines;

• and specific cancellation conditions.

Payments relating to catering services are made directly to MOKAÏ in accordance with the quotation or arrangements agreed with the customer.

Catering services are therefore not subject to the PayPal payment arrangements applicable to online Click & Collect and delivery orders.

7. Click & Collect

Where the customer selects Click & Collect, the order must be collected from the location and during the collection time or period indicated when ordering.

Customers are encouraged to arrive at the agreed time in order to preserve the quality and temperature of the products.

If the customer arrives late, MOKAÏ cannot guarantee that the temperature, texture or other qualities of the products will remain identical to those at the time the order was ready.

Where an order has been properly prepared and the customer does not collect it, no automatic refund is due.

8. Delivery

Where available, delivery is provided through a third-party delivery service, including Uber Direct.

The applicable delivery charge and expected delivery time or time window are communicated to the customer before final confirmation of the order.

The customer must provide:

• a complete and accurate delivery address;

• a valid telephone number;

• and any reasonable instructions necessary to enable the delivery to take place.

The customer must remain reasonably available and contactable during delivery.

If delivery cannot be completed because of:

• an incorrect or incomplete address supplied by the customer;

• the customer’s absence;

• inability to contact the customer;

• or inability to access the delivery location for reasons attributable to the customer,

the order will not automatically be refundable where it has already been prepared and reasonable attempts have been made to complete the delivery.

Where an order is not delivered, or is subject to a substantial delay for reasons not attributable to the customer, the customer should contact MOKAÏ so that an appropriate solution can be offered, which may include redelivery or a full or partial refund depending on the circumstances.

9. Cancellation of orders

For orders intended for immediate preparation, any cancellation request must be made to MOKAÏ as soon as possible.

A cancellation may be accepted where preparation has not yet begun.

Once preparation has started, the order can generally no longer be cancelled solely because the customer has changed their mind.

Detailed cancellation conditions are also set out in the Refund and Cancellation Policy available on the website.

10. No 14-day withdrawal right for certain food products and services

In accordance with Article L221-28 of the French Consumer Code, the statutory 14-day right of withdrawal applicable to many distance purchases does not apply in particular to:

• goods that are liable to deteriorate or expire rapidly;

• certain catering services to be provided on a specific date or during a specified period.

Accordingly, prepared meals and perishable food products sold by MOKAÏ do not benefit from the standard 14-day withdrawal period where the statutory exception applies.

This does not affect the customer’s rights where an order is not correctly fulfilled, is non-compliant or otherwise gives rise to rights under applicable consumer law.

11. Incorrect, incomplete or unsuitable orders

The customer is encouraged to check the order upon collection or delivery where reasonably possible.

If:

• an item is missing;

• a product differs from the one ordered;

• there is a significant error;

• or a product is delivered in a condition making it unsuitable for consumption,

the customer should contact MOKAÏ as soon as possible.

MOKAÏ may ask for:

• the order number;

• the customer’s identity;

• a description of the issue;

• and, where relevant, a photograph of the product or order.

After reviewing the issue, MOKAÏ may provide a replacement, arrange a new delivery or issue a full or partial refund depending on the circumstances and the customer’s legal rights.

12. Allergens and dietary requirements

MOKAÏ products may contain or be prepared in an environment in which allergens are handled, including but not limited to:

• cereals containing gluten;

• crustaceans;

• eggs;

• fish;

• peanuts;

• soy;

• milk;

• tree nuts;

• celery;

• mustard;

• sesame;

• molluscs;

• and other regulated allergens.

Allergen information is made available in accordance with applicable regulations.

Anyone suffering from a food allergy or intolerance should review the available information and contact MOKAÏ before ordering if there is any doubt.

MOKAÏ takes appropriate precautions when preparing food. However, because different ingredients are handled within the same premises, accidental cross-contact cannot always be completely excluded.

13. Catering services

Catering services may be subject to a personalised quotation specifying, in particular:

• the nature of the service;

• the number of guests;

• the date and location;

• the selected products or menus;

• any additional services;

• the price;

• payment arrangements;

• and cancellation conditions.

An accepted quotation and any specific terms contained within it supplement these Terms and Conditions.

Where there is a conflict, specific terms expressly agreed in the quotation take precedence for the catering service concerned.

Where a payment is requested at the time of booking, the quotation will specify whether that payment constitutes an acompte (binding deposit/payment on account) or arrhes under French law.

Any significant change to:

• guest numbers;

• timing;

• location;

• or the content of the service

is subject to MOKAÏ’s prior agreement and may result in a revised price.

14. Business customers – catering services

Where catering services are supplied to a business customer, the quotation may include specific payment terms.

Invoices are payable within the deadline specified on the quotation or invoice.

In the event of late payment by a professional customer, late-payment interest and the statutory fixed recovery charge may be payable in accordance with French law and the information stated on the relevant quotation or invoice.

15. Liability

MOKAÏ is responsible for the proper performance of its obligations in accordance with applicable law.

MOKAÏ cannot, however, be held responsible for damage directly resulting from the customer’s own actions, including:

• incorrect delivery information;

• improper storage of food following collection or delivery;

• failure to follow storage or consumption instructions provided.

Food products must be consumed or stored in a manner appropriate to their nature and in accordance with any instructions provided.

Nothing in these Terms is intended to exclude or restrict any mandatory right available to a consumer under applicable law.

16. Force majeure

Neither party will be liable for a failure to perform its obligations where this results from an event meeting the legal requirements of force majeure under French law.

Where such an event permanently prevents fulfilment of an order or service, the parties will be released from their obligations in accordance with applicable law, and payments relating to unperformed services will be handled in accordance with the applicable legal rules.

17. Customer accounts

Where the website allows the creation of a customer account, the customer is responsible for providing accurate information.

The customer must take reasonable steps to keep their login details secure and should inform MOKAÏ if they become aware of fraudulent or unauthorised use of their account.

MOKAÏ may suspend an account where it has legitimate grounds to believe that the account is being used fraudulently or in breach of these Terms.

18. Intellectual property

Content appearing on www.mokaifuzion.fr, including text, photographs, graphics, logos, trademarks and visual materials, is protected by applicable intellectual property laws.

Except where authorised in advance or permitted by law, such material may not be copied, commercially exploited or distributed without permission.

19. Personal data

Personal data collected through use of the website and MOKAÏ services is processed in accordance with the Privacy Policy available on the website.

Customers are encouraged to review the Privacy Policy for information regarding:

• purposes of processing;

• legal bases;

• recipients;

• retention periods;

• transfers;

• and how to exercise their data protection rights.

20. Complaints

Complaints concerning an order may be sent to:

MOKAÏ – DU NORD AU SUD
1 place Joseph Bermond – Ophira 1
06560 Valbonne
France

Telephone: 09 88 34 85 93
Email: dunordausud29@gmail.com

Customers should provide their order number and any information reasonably necessary to understand and process the complaint.

21. Consumer mediation

In accordance with the French Consumer Code provisions relating to amicable dispute resolution, consumers may use the services of the consumer mediator appointed by MOKAÏ free of charge after first submitting a written complaint to MOKAÏ and where no satisfactory solution has been reached.

Consumer mediator:
[NAME OF MEDIATOR TO BE COMPLETED]
[ADDRESS]
[MEDIATOR WEBSITE]

These details must be completed once MOKAÏ has joined the relevant consumer mediation scheme.

22. Governing law and disputes

These Terms and Conditions are governed by French law.

In the event of a dispute, the customer and MOKAÏ are encouraged to seek an amicable solution first.

Mandatory rules concerning the jurisdiction available to consumers remain fully applicable.

Where no amicable solution or mediation is reached, the matter may be referred to the competent court in accordance with applicable law.

23. Changes to these Terms

MOKAÏ may amend these Terms in order to reflect legal, regulatory, technical or commercial developments.

The Terms applicable to an order are those made available to the customer at the time the order is confirmed.