General Terms and Conditions of Sale (GTC)

TOQUE 360 -- GENERAL TERMS AND CONDITIONS OF SALE
B2B e-commerce platform · Professional kitchen equipment

Version 1.0 · In force as of 1 September 2026

Article 1 · Identification of the Seller and Scope of Application

These General Terms and Conditions of Sale (hereinafter the "GTCS") govern all commercial relations between the company EuroChef (hereinafter "the Company" or "TOQUE360") and any professional placing an order on the TOQUE360 e-commerce platform, accessible at www.toque360.com.

The TOQUE360 platform is reserved exclusively for professionals (legal entities or natural persons acting within the scope of their commercial, craft or professional activity). Any order implies full and unreserved acceptance of these GTCS.

Company name: EuroChef
SIREN: 452 401 540
SIRET: 452 401 540 00045
Legal form: SAS · Société par Actions Simplifiée
Share capital: 120 000€
Registered office: 50 avenue Louis Luc, 94600 Choisy-le-Roi
Intra-community VAT number: FR32452401540
RCS: Créteil
Telephone: +33 (0)1 48 92 40 58
E-mail: contact@toque360.com
Publication director: E-Commerce Manager | Nicolas PANSARD

The Company reserves the right to amend these GTCS at any time. The applicable GTCS are those in force on the date of the order. Any amendment will be notified on the platform with 15 days' prior notice.

These GTCS prevail over any other document, in particular over the customer's general terms and conditions of purchase, unless otherwise agreed in advance in writing and expressly by the Company.

Article 2 · Products and Services Offered

2.1 · Nature of the products

The TOQUE360 platform offers for sale equipment, machinery, utensils and accessories intended for professional catering and food trades (CHR: Cafés, Hotels, Restaurants). The products available are described in the product sheets accessible on the platform, including their technical characteristics, dimensions, weight, applicable standards, manufacturer references, etc.

2.2 · Availability

Product offers and prices are valid for as long as they are visible on the platform, subject to available stock. TOQUE360 distinguishes several availability situations:

· Product in stock: shipped within 48 to 72 working hours
· Product with installation by a EuroChef network professional: delivery time depending on the availability of the Customer and of the professional.
· Product unavailable: clearly indicated, with the option of being notified upon restocking.

If a product becomes unavailable after the order has been placed, the customer will be informed by e-mail as soon as possible. The order may be cancelled and a full refund will be issued within 14 calendar days.

2.3 · Product compliance

The products offered comply with French and European legislation in force, in particular with the CE, NF and HACCP standards applicable to professional kitchen equipment. The photographs and visuals presented on the platform are illustrative and non-contractual. In the event of a discrepancy between the textual description and the illustration, the textual description prevails.

2.4 · Technical data sheets

Where available, manufacturers' technical data sheets can be downloaded from each product sheet. It is the customer's responsibility to check the compatibility of the equipment with their existing installation (electrical supply, gas connection, dimensions of the installation area, ventilation, etc.) before placing an order.

Article 3 · Prices

Prices are stated in euros (€) excluding tax (excl. VAT). The applicable VAT rate is the one in force on the day of the order. The amount including VAT is displayed when the basket is validated.

Prices are displayed excluding delivery charges and excluding any service associated with the product. The Company reserves the right to modify its prices at any time; the applicable price is the one in force at the time the order is definitively validated.

Delivery charges, calculated according to the weight, volume and nature of the product (small parcel, pallet, specialised transport) and the destination, are indicated to the customer before final validation of the order.

Any tax, duty, customs charge or other levy applicable due to the characteristics of the destination country of an export order remains the sole responsibility of the customer.

Volume discounts may be granted for bulk orders. The customer may submit a quotation request via the dedicated area of the platform or by contacting the sales department directly.

Specific rates may also be offered depending on the subscriptions selected by the Customer.

Article 4 · Access Conditions and Customer Account

4.1 · Access conditions

The TOQUE360 platform is reserved exclusively for professionals. To create an account and place an order, the customer must:

· Be a legal entity (company, association, public body) or a natural person carrying out a professional activity
· Hold a valid and active SIRET number
· Carry out an activity related to catering, hospitality, bakery, pastry or any other food trade.

4.2 · Account creation and management

The customer creates their personal account by providing their business information (company name, SIRET, address, contact details). The Company reserves the right to verify the information provided and to refuse the creation of an account if the access conditions are not met.

The customer is responsible for the confidentiality of their login credentials. Any use of the account made with these credentials is deemed to have been made by the customer. In the event of loss or compromise of the credentials, the customer must inform the Company immediately.

Article 5 · Orders

5.1 · Ordering process

To place an order on the platform, the customer must:

· Log in to their personal account
· Select the desired product(s) and add them to the basket
· Check the contents of the basket (quantities, references, prices excl. and incl. VAT)
· Provide the delivery and billing details
· Choose the delivery and payment method
· Read these GTCS and expressly accept them by ticking the box provided for this purpose
· Confirm the order by clicking on the button provided for this purpose.

5.2 · Order confirmation

An order acknowledgement is sent automatically by e-mail to the address provided at registration. This acknowledgement summarises the products ordered, the prices, the delivery method chosen and the billing details.

The sale is deemed definitively concluded upon confirmation that payment has been collected. The Company reserves the right to cancel or refuse any order from a customer with whom there is a dispute regarding payment of a previous order, or for any legitimate reason (suspected fraud, incomplete or inaccurate information, existing dispute with one of the TOQUE360 platform's partners).

5.3 · Modification and cancellation before shipment

Any request to modify or cancel an order must be sent as soon as possible by e-mail to contact@toque360.com, stating the order number. The Company will use its best efforts to process the request, but cannot guarantee that it will be taken into account if preparation or shipment has already begun. Once the order has been shipped, cancellation is no longer possible.

5.4 · Installation service

Certain equipment requires professional installation in order to guarantee proper operation and to activate the manufacturer's warranty. For these products, installation by a EuroChef network technician is mandatory and inseparable from the purchase.

For other products, this service may be offered as an option. The customer is informed of the mandatory or optional nature of the installation service directly on the product sheet.

Where installation is mandatory or taken as an option, a EuroChef network technician will contact the customer to agree on the terms of the intervention (date, site access, existing connections). The service package may be adjusted if the access or installation conditions require specific mechanical means (cranes / load trolley / lift / etc.) or an intervention time exceeding half a day.

If, following this discussion, both parties agree that it will not be possible to install the product ordered and that no other product would be suitable, the amount of the product will be refunded. The amount of the service may be retained or partially refunded, depending on the inspection work carried out by the technician.

Article 6 · Payment

6.1 · Payment methods

Payment for the order may be made by the following means:

· Bank card (Visa, Mastercard, CB) via a secure payment system
· Bank transfer (for business orders over 1 000 € excl. VAT)
· PayPal
· Instalment payment via our partner Rolling Funds, for business orders over 1 000 € excl. VAT, subject to acceptance of the application by the partner;
· Equipment leasing via our partner Corhofi, for business orders over 1 000 € excl. VAT, subject to acceptance of the application by the partner.

Some payment solutions trigger strong authentication (3-D Secure) when the amount is high or when the transaction is identified as presenting a risk.

6.2 · Payment security

Transactions carried out on the TOQUE360 platform are secured by an SSL encryption protocol. The bank details entered are neither stored nor retained by the Company. Order validation and transfer of ownership only take effect after confirmation of payment collection by the banking institution or validation by the financing partner.

6.3 · Invoicing

An invoice in PDF format is issued in the customer's name and made available in their personal account as soon as payment is confirmed. This invoice is also sent by e-mail. It constitutes the tax receipt for the transaction. The Company undertakes to issue invoices that comply with the provisions of the French General Tax Code.

6.4 · Payment default

In the event of payment default or rejection of payment, the Company reserves the right to suspend or cancel the order concerned, and to suspend access to the customer account until the situation is resolved.

In accordance with Articles L.441-10 et seq. of the French Commercial Code, for business customers, any late payment automatically entails:

· Late payment penalties calculated at the statutory rate in force increased by 10 points, as from the day following the due date
· A fixed recovery indemnity of 40 € per unpaid invoice
· Reimbursement of recovery costs incurred beyond this fixed amount, upon presentation of supporting documents.

Article 7 · Delivery

7.1 · Delivery area

Deliveries are made to the address indicated when ordering, within the geographical area served by the Company. For any delivery outside mainland France, specific conditions (lead times, rates, customs formalities) will be communicated when ordering.

7.2 · Delivery terms

Standard delivery means tailgate delivery (drop-off at the doorstep of the address provided). The customer must make the necessary arrangements to receive the order when it is unloaded by the carrier and to move the products to their installation location by their own means, unless the TOQUE360 installation service has been purchased.

Any damage or breakage occurring during handling by the customer, after conforming receipt, cannot be attributed to TOQUE360.

7.3 · Delivery times

Indicative delivery times (generally 3 to 10 working days depending on the nature of the product and the destination) are communicated when ordering. They run from confirmation of payment.

These times are good-faith indications and not firm commitments. The Company undertakes to use its best efforts to comply with them. In the event of exceptional circumstances (weather conditions, transport strike, unforeseeable supply shortage), the Company cannot be held liable for a delay.

If the delivery time exceeds thirty (30) calendar days from the order date without valid justification, the customer may request the termination of the sale and a full refund of the sums paid.

Under no circumstances does a delivery delay entitle the customer to damages, except in the event of gross negligence or wilful misconduct by the Company.

7.4 · Receipt and inspection

Upon receipt of the order, the customer is required to check the apparent condition of the packages and the conformity of the delivery with the order form. In the event of an anomaly (damaged package, missing item, broken product), the customer must:

· Record precise, detailed and substantiated reservations on the delivery note or the carrier's waybill (do not sign without reservations in the event of apparent damage)
· Document the anomalies observed with photographs or videos, enabling the condition of the packages and products to be assessed
· Confirm these reservations to the carrier by registered letter with acknowledgement of receipt within three (3) working days following receipt
· Simultaneously inform the Company by e-mail at contact@toque360.com, attaching the photographic evidence.

Failing reservations made within this period, the products are deemed to have been delivered in perfect condition and in accordance with the order. No subsequent claim can be accepted.

Article 8 · Transfer of Ownership and Risk

Transfer of ownership of the products to the customer will only take place after full payment of the price (retention of title clause). The Company remains the owner of the products delivered until the effective collection of all sums due.

The transfer of risk (loss, deterioration) takes place on the date the products are handed over to the carrier, regardless of the date of transfer of ownership. From that handover, the customer bears the risks associated with the products.

In the event of insolvency proceedings against the customer, the Company reserves the right to reclaim the products in stock that have not yet been paid for.

Article 9 · Returns and Right of Withdrawal

9.1 · Exclusion of the right of withdrawal for professionals

In accordance with Article L.221-3 of the French Consumer Code, the right of withdrawal provided for consumers does not apply to purchases made in the course of a professional activity. Business customers therefore do not benefit from the 14-day right of withdrawal.

9.2 · Commercial returns (goodwill gesture)

On an exceptional and discretionary basis, the Company may accept the return of an unused product, in its intact original packaging, within 14 days following receipt, subject to:

· A prior written request sent to contact@toque360.com, with a justified reason;

· Explicit agreement from the Company (return number communicated by e-mail);

· The product being new, unopened, unused, undamaged and in its complete original packaging.

If the return is accepted, a minimum discount of 30 % will be applied to the initial price if the packaging has been altered or if the product has been removed from its packaging. Return costs are in any event borne by the customer.

9.3 · Products excluded from any return

No return can be accepted for:

· Products manufactured or customised to order according to the customer's specifications;

· Consumables (detergents, cleaning products, food items);

· Products unsealed for reasons of hygiene or health protection;

· Perishable spare parts;

· Products whose packaging has been opened or altered.

9.4 · Refund

If a return is accepted, the refund will be made by bank transfer to the customer's account, less the applicable discount and return costs, within 14 days following receipt and inspection of the returned product.

Article 10 · Warranties

10.1 · Legal warranty of conformity

In accordance with Articles L.217-4 et seq. of the French Consumer Code, the Company guarantees that the products delivered conform to the contract. In the event of a lack of conformity found within the legal time limits, the customer may demand the repair or replacement of the product, or, if these solutions prove impossible or disproportionate, a price reduction or the termination of the contract.

10.2 · Warranty against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the Company is bound by the warranty against hidden defects in the product sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price, had they been aware of them. The warranty claim must be brought by the customer within two years of the discovery of the defect.

10.3 · Manufacturer's commercial warranty

Most of the equipment offered on TOQUE360 benefits from a commercial warranty granted by the manufacturer, the duration and conditions of which are specified on each product sheet. This warranty generally covers manufacturing defects and mechanical failures (excluding normal wear and tear, misuse, accidental damage and unauthorised interventions).

To make a manufacturer's warranty claim, the customer must contact the TOQUE360 after-sales service at sav@toque360.com, attaching the purchase invoice, the product serial number and a precise description of the defect observed.

10.4 · Warranty conditions · Professional installation

For products whose technical data sheet indicates that professional installation is required ("To be installed" products · AI), the manufacturer's warranty is only activated after installation by an approved EuroChef network technician. Non-compliant installation or installation carried out by an unauthorised third party results in the loss of the warranty.

10.5 · Warranty extension

For certain products, a warranty extension may be offered. The conditions of application and the cost associated with this extension vary according to the product and the duration selected. All information is specified on each product sheet concerned.

Article 11 · Liability

The Company's liability may only be engaged in the event of proven fault on its part. The Company cannot be held liable for:

· Inconveniences or damages inherent in the use of the Internet (service interruption, intrusion, viruses)
· Misuse, negligence or lack of maintenance on the part of the customer
· Damage resulting from installation that does not comply with the manufacturer's recommendations
· Indirect damage, loss of operation, loss of earnings or commercial prejudice suffered by the customer.

In any event, the Company's total liability is expressly limited to the amount of the order concerned.

Article 12 · Intellectual Property

All the elements making up the TOQUE360 platform (texts, photographs, logos, trademarks, images, videos, databases, software, interfaces) are protected by intellectual property law and remain the exclusive property of EuroChef or its partners.

Any reproduction, representation, modification, publication, transmission or adaptation of all or part of these elements, by any means or process whatsoever, is strictly prohibited without the prior written authorisation of the Company. Any breach of this obligation exposes its author to civil and criminal proceedings.

Article 13 · Personal Data Protection (GDPR)

The Company collects and processes personal data as part of order management, customer relations and invoicing. This processing is carried out in accordance with the General Data Protection Regulation (GDPR · EU Regulation 2016/679) and the French Data Protection Act of 6 January 1978 as amended.

The data collected includes in particular: surname, first name, company name, SIRET, postal and delivery address, e-mail address, telephone number, order history. It is used solely for the purposes of order fulfilment, commercial relations and, with the customer's consent, for marketing communication purposes.

In accordance with the regulations, the customer has the following rights over their data:

· Right of access, rectification and erasure
· Right to restriction of processing and to data portability
· Right to object to processing for direct marketing purposes.

These rights may be exercised by e-mail to: dpo@toque360.com or by post to: EuroChef · DPO, 50 avenue Louis Luc, 94600 Choisy-le-Roi.

For any complaint relating to the processing of their data, the customer may refer the matter to the French Data Protection Authority (CNIL · www.cnil.fr). Personal data is never transferred to third parties for commercial purposes without the customer's prior consent.

TOQUE360's detailed privacy policy is available on the platform on the "Privacy policy" page.

Article 14 · Cookies

The platform uses cookies and tracking technologies in order to facilitate navigation, analyse audience figures and improve the user experience. On the first visit, an information banner invites the customer to accept or refuse non-essential cookies, in accordance with CNIL recommendations.

Cookies strictly necessary for the operation of the platform (basket, session, authentication) do not require consent. The detailed Cookie Policy is available on the platform.

Article 15 · Customer Service and Complaints

15.1 · Customer Service

For any question or complaint relating to an order, the TOQUE360 customer service can be contacted:

· By e-mail: support@toque360.com (reply within 2 working days)
· By telephone: +33 (0)1 48 92 40 58 · Monday to Friday, from 9:00 to 13:00 and from 14:00 to 17:00
· By post: EuroChef · TOQUE360 Customer Service, 50 avenue Louis Luc, 94600 Choisy-le-Roi.

The customer service undertakes to acknowledge receipt of any complaint within 2 working days and to provide a substantive response within 10 working days.

15.2 · Mediation

TOQUE360 primarily addresses professionals, for whom consumer mediation is not mandatory. Nevertheless, in the event of a dispute not resolved amicably with the customer service within a reasonable period, the parties may, by mutual agreement, call upon a mediator or arbitrator.

The European Commission provides an Online Dispute Resolution (ODR) platform accessible at: https://ec.europa.eu/consumers/odr/

Article 16 · Force Majeure

The Company cannot be held liable for the total or partial non-performance of its obligations when such non-performance results from a case of force majeure within the meaning of Article 1218 of the French Civil Code, in particular: natural disaster, fire, flood, strike (internal or external to the Company), armed conflict, act of terrorism, epidemic officially recognised as such by the competent authorities, failure of a telecommunications operator, administrative or judicial decision.

In the event of force majeure, the Company will inform the customer as soon as possible and the parties will agree on the terms for postponing or terminating the order.

Article 17 · Applicable Law and Competent Jurisdiction

These GTCS are governed by French law. In the event of a dispute, the parties will endeavour to find an amicable solution before taking any legal action.

For business customers, any dispute relating to the formation, interpretation or performance of these GTCS will be submitted to the exclusive jurisdiction of the Commercial Court of Créteil, even in the event of multiple defendants or third-party proceedings.

Article 18 · Miscellaneous Provisions

18.1 · Entire agreement

These GTCS constitute the entire agreement between the Company and the customer for purchases made on the TOQUE360 platform. They supersede any prior agreement, proposal or communication relating to their subject matter.

18.2 · Severability

If any provision of these GTCS is declared null or unenforceable, the other provisions shall remain fully in force and applicable.

18.3 · No waiver

The fact that the Company does not invoke, at a given moment, a breach by the customer of any of its obligations shall not be interpreted as a definitive waiver of the right to invoke that breach at a later date.

18.4 · Retention of documents

The customer is advised to retain these GTCS, the order confirmation and the corresponding invoice for the entire duration of the warranty applicable to the products purchased, and for a minimum period of 5 years.

Article 19 · Toque 360 Loyalty Programme

19.1 · Beneficiaries.

The programme is reserved for holders of a validated business account (CHR, public bodies). Membership is automatic and free of charge.

Earning points.
The account is credited according to the following scale:

In the event of a product return, the corresponding points are deducted from the balance up to the value of the returned product.

Conversion into vouchers. Points may be converted, at the customer's request, into vouchers usable on a future order:

Tier | Voucher
10 000 points | 50 €
15 000 points | 150 €

Conversion is never automatic and immediately deducts the corresponding points from the balance.

Expiry for inactivity. The date of the last order constitutes the account's "reference date". Any new order resets this date and restarts the twenty-four (24) month period. Failing an order within this period, one third (1/3) of the balance is forfeited on the anniversary date, rounded down, and this mechanism repeats for as long as no order is placed.

General provisions. Points have no monetary value of their own and cannot be assigned, transferred or refunded. Toque360 reserves the right to modify, suspend or close the programme, in particular in the event of fraud, subject to informing customers by appropriate means. A coupon, once generated, is valid for 1 year. After this period, it will be forfeited. The maximum number of points that can be accumulated on a customer's account is 99 999 points. In the event of changes to the terms or rules, an e-mail notification will be sent at least 1 month before they take effect.

Appendix · Return Request Form (Professional)

(To be used only for a commercial return request, subject to the Company's prior agreement)

For the attention of TOQUE360 Customer Service · EuroChef, 50 avenue Louis Luc, 94600 Choisy-le-Roi · contact@toque360.com

I, the undersigned, ……………………………………, acting in the capacity of ……………………………… of the company ……………………………… (SIRET: ………………………………), hereby submit a return request for the order below:

· Order number: ……………………………………

· Date of receipt: ……………………………………

· Product reference(s) concerned: ……………………………………

· Reason for the return request: ……………………………………

· Condition of the product and packaging: ……………………………………

I certify that the product is new, unused and in its original packaging. I acknowledge that I have read the return conditions set out in Article 9 of these GTCS, and in particular the application of a discount if the packaging has been altered.

Done at ……………………………, on ……………………………

Signature and company stamp: