ARTICLE 1 – SCOPE OF APPLICATION
1.1. These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by Boulangerie Pacaud (“the Vendor”), a limited liability company, registered with the RCS under number 904 840 782, domicile 31, rue François 1er, 75008 PARIS, France, to consumers and non-professional buyers of legal age (“the Customer”), wishing to purchase the products offered for sale by the Vendor on the website www.maisonpacaud.com (“the Website”).
In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products listed in the online store catalog (“the Online Store”), ordered by Customers.
1.2. The main characteristics of the Products are presented on the Internet Site.
The Customer is required to familiarize himself/herself with them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and information presented on the Website are not contractual and in no way engage the responsibility of the Vendor.
In the event of a discrepancy between these photographs and information on the one hand, and the Product(s) chosen by the Customer on the other hand, the Vendor cannot be held responsible.
The Vendor reserves the right to modify the composition of the Products according to the hazards linked to the supply of raw materials and/or by virtue of the precautionary principle.
Product offers are subject to stock availability, as specified when the order is placed.
1.3. These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at all times on the Website and shall prevail, where applicable, over any other version or any other contradictory document.
1.4. The Customer declares that he/she has read these General Terms and Conditions of Sale and accepted them by ticking the appropriate box before proceeding with the online ordering procedure, as well as the general terms and conditions of use of the www.maisonpacaud.com website.
1.5. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website at the time the order is placed.
1.6. In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, the right to access, rectify, oppose, delete and port all of his or her personal data by writing, by post and providing proof of identity, to:
Maison Mathieu Pacaud
180, rue du Faubourg Saint-Honoré
75008 Paris
France
1.7. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
ARTICLE 2 – ORDERS
2.1. User name and password
At the time of the first order, a user name and password are chosen by the Customer. The username and password serve as proof of the Customer’s identity and bind him/her to any order placed by him/her. The Customer is solely responsible for his username and password, and will bear the consequences of any use made of them by third parties, unless he can demonstrate that knowledge of the username and password is the result of a fault on the part of the Vendor. If the Customer forgets his/her password or user name, he/she can use the Website to retrieve his/her user name and choose a new password.
2.2. Orders
The Customer undertakes to fill in the order form accurately.
The Products presented in the Online Shop catalog may not under any circumstances be the subject of a request to modify their composition or presentation.
The Customer may not resell the Products, as the order must be for personal use or for the personal use of the person for whom the shipment is intended.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The registration of an order on the Vendor’s site is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his/her order.
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the French Civil Code). Confirmation implies acceptance of these General Terms and Conditions of Sale in their entirety, and constitutes proof of the sales contract.
It is therefore the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
In the event of an error in the Customer’s contact details, the Vendor may under no circumstances be held responsible for the impossibility of delivering to the recipient.
The sale will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, and once the Vendor has received payment in full.
Any order placed on the www.maisonpacaud.com website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the www.maisonpacaud.com website.
ARTICLE 3 – PRICES
The Products are supplied at the prices in force on the Internet www.maisonpacaud.com site, at the time the order is registered by the Vendor. Prices are expressed in Euros and include VAT.
Prices take into account any discounts granted by the Vendor on the www.maisonpacaud.com website.
These prices are firm and non-revisable during their period of validity, as indicated on the Internet Site www.maisonpacaud.com , the Vendor reserving the right, outside this period of validity, to modify prices at any time. Prices do not include delivery charges, which are invoiced in addition and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Vendor and made available to the Customer in his personal space on the internet website www.maisonpacaud.com
ARTICLE 4 – TERMS OF PAYMENT
The price is payable in full, in cash, on the day the order is placed by the Customer, by the various secure payment methods, by bank card (Visa, MasterCard, American Express or other credit cards).
To be registered, the order must be paid in full. Unpaid orders cannot be processed.
ARTICLE 5 – IN-STORE COLLECTION AND DELIVERY OF PRODUCTS
5.1. In-store collection
In the case of a Boutique Pick-up order, the Customer undertakes to pick up the order in the Vendor’s boutique, the address and opening hours of which are mentioned on the Internet Site. In the event of no-show on the chosen collection day, the Vendor does not guarantee the availability of the order. The Customer will not be entitled to any reimbursement.
5.2. Deliveries
All Products may be delivered via a courier service to customers domiciled exclusively in the following delivery zones: Paris, Alfortville, Boulogne-Billancourt, Charenton-le-Pont, La Défense, Issy-les-Moulineaux, Levallois-Perret, Maisons-Alfort, Neuilly-sur-Seine, Saint-Mandé, Vincennes. The above list of delivery zones is subject to change.
In general, the method of collection/delivery of Products offered to the Customer – which depends on their nature – is indicated on each Product sheet.
Home deliveries are made in metropolitan France (excluding Corsica).
The Customer is responsible for information concerning the name and address of the recipient. This information must be precise, accurate and complete (including door code and floor) to enable delivery under normal conditions. The Vendor may in no case be held responsible for a return delivery due to an address error or to the impossibility of delivering to the address indicated. Whenever possible, given the perishable nature of the Products, if the Customer wishes to have the parcel redirected to another address, he/she must bear all related costs.
Orders indicating a P.O. Box address cannot be taken into account and processed.
Once payment has been confirmed, the Vendor undertakes to process and deliver the said order to the destination notified, using the procedure and transport of his choice. Orders received via the Internet, once payment has been accepted by the credit card center and effectively received, are prepared and dispatched within the timeframe corresponding to the delivery method chosen. However, in periods of high activity or weather disruptions (Christmas, Valentine’s Day, Easter….), an additional 2 to 5 days may be required.
Each time an order is placed, the Vendor will inform the Customer of the means and time of delivery and, where applicable, of any changes due to delivery difficulties.
In the event of the absence of the addressee or of a person able to take possession of the Products at the time of delivery, and insofar as the carrier has access to the addressee’s letterbox, the carrier will leave a calling card inviting the addressee to collect the Product from a nearby depot, or to choose a new delivery date corresponding to the time limit for consumption of the items contained in the package. In the case of “Patisserie” Products delivered by courier, in the absence of the recipient, as the Products have a very limited shelf life, the Vendor will not be able to keep the order. Any order not received will not be reimbursed under any circumstances.
Under no circumstances will the Vendor be held responsible for any deterioration of the Products due to late collection by the Customer.
Finally, if the Product, under the responsibility of the carrier, has not been delivered, for any other reason related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L.216-2, L.16-3 and L.241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
ARTICLE 6 – PRODUCT AVAILABILITY
6.1. Products sold on the Internet Site are offered subject to availability. If a product becomes unavailable, it will be removed from the online product catalog as soon as possible.
6.2. However, in the event of stock shortage, the Vendor will contact the Customer by telephone or e-mail as soon as possible in order to agree with the Customer :
– postpone delivery until the Product is restocked, where possible; or
– replace the Product with another equivalent in quality and price.
ARTICLE 7 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK
7.1. In accordance with the provisions of article L.216-4 of the French Consumer Code, when the Vendor undertakes the delivery of the Product sold, the transfer of risks will take place when the customer takes physical possession of the Product.
7.2. The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
It is the recipient’s responsibility to check shipments on arrival and to make any reservations that may appear justified, or even to refuse the package if it is likely to have been opened or if it bears signs of deterioration, and to immediately inform the Vendor’s customer service department if a problem arises.
ARTICLE 8 – RETRACTION
In accordance with article L.221-28 of the French Consumer Code, “the right of withdrawal cannot be exercised for contracts […]:
– the supply of goods made to the consumer’s specifications or clearly personalized;
-the supply of goods likely to deteriorate or expire rapidly;
-the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;”.
For other Products, in accordance with article L.221-18 of the French Consumer Code, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition for presentation and conservation, within 14 days of notification to the Vendor of the Customer’s decision to withdraw.
Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The right of withdrawal may be exercised online, using the contact form available on the www.maisonpacaud.comwebsite, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.
Returns must be sent to the following address:
Maison Mathieu Pacaud
CUSTOMER SERVICE
180, rue du Faubourg Saint-Honoré
75008 Paris
FRANCE
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery charges will be reimbursed; the cost of returning the Product(s) will be borne by the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 9 – PRODUCT WARRANTY
9.1. The Vendor guarantees to the Customer that the products are manufactured and packaged in accordance with strict quality rules, and kept in accordance with the standards in force in France.
9.2. Products supplied by the Vendor are covered by law, in accordance with legal provisions:
– the legal warranty of conformity, for Products which appear to be defective, damaged or damaged or which do not correspond to the order,
– the legal warranty against hidden defects.
It should be noted that under the legal warranty of conformity, the Customer
– has two years from delivery of the goods to take action against the Vendor;
– may choose between repair or replacement of the Product ordered, subject to the cost conditions stipulated in article L 217-9 of the French Consumer Code;
– is exempt from proving the existence of the Product’s lack of conformity during the 24 months following delivery of the Product.
The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
In order to assert his rights, the Customer must inform the Vendor, in writing, by e-mail or post, of the non-conformity of the Products within a maximum period of three days from delivery of the Products or of the existence of hidden defects (except for perishable Products of shorter duration) and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Vendor will refund or replace Products deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements for Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Vendor’s finding of the non-conformity or hidden defect.
Refunds will be made by crediting the Customer’s bank account used at the time of purchase.
With regard to perishable products, the Vendor shall not be held liable in the event of failure by the Customer to comply with optimal storage conditions and/or instructions, or if the Customer has consumed products beyond the best-before date indicated on the packaging; in any event, for all Products sold, the Vendor shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
ARTICLE 10 – INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
Pursuant to Law 78-17 of January 6, 1978, amended by Law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular.
This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the www.maisonpacaud.com website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.
In accordance with current national and European regulations, customers have the right to permanent access, modification, rectification, opposition, portability and limitation of the processing of information concerning them.
This right may be exercised under the terms and conditions defined on the www.maisonpacaud.com website.
ARTICLE 11 – INTELLECTUAL PROPERTY
The content of the www.maisonpacaud.com website is the property of the Seller and its partners, and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Vendor retains ownership of all intellectual property rights to the forms, recipes, photographs, presentations, studies, drawings, models, prototypes, etc. produced (even at the Customer’s request) with a view to supplying the Services to the Customer. The Customer therefore refrains from reproducing or exploiting the said forms, recipes, studies, drawings, models and prototypes, etc., without the Vendor’s express, prior written authorization, which may be conditional upon financial consideration.
ARTICLE 12 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
The Party observing the event must immediately inform the other Party of its inability to perform its obligations and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by e-mail giving rise to an e-mail acknowledgement of receipt from the addressee, and failing this by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive, the present contract will be purely and simply terminated.
During this suspension, the Parties agree that the costs incurred by the situation will be borne by the party prevented from performing.
ARTICLE 13 – APPLICABLE LAW – DISPUTES
These General Terms and Conditions and all the operations referred to herein are governed by French law. In the event of a dispute, the Customer shall contact the Vendor to find an amicable solution. Failing this, the matter will be brought before the competent courts of Paris.