General Terms and Conditions of Sale

Definitions

These General Terms and Conditions of Sale (hereinafter referred to as the “CGV”) are proposed by France Macaron SAS, with a share capital of 120,000 euros, a company entered on the Bourg en Bresse Trade and Companies Register under number 81272193400022, having its registered office at 409 rue du chêne ZA la Bare, 01480 Chaleins (hereinafter referred to as “France Macaron”).

The below terms will be understood as follows:

  • “Website” : http//www.francemacaron.com and all of its pages.
  • “Products” or “Services” : all products (materials) and services (services) which it is possible to purchase or subscribe to on the Website.
  • “Vendor” : France Macaron, a natural person or legal entity, offering its Products or Services on the Website.
  • “Client” : the web user, a private individual or professional, undertaking a purchase of a Product(s) or Service(s) on the Website.
  • “Consumer”, pursuant to the preliminary article under the Consumer Code: “ any natural person who acts for reasons which do not fall in the framework of commercial, industrial, artisanal or liberal activities “.

The Web user visiting the Website and interested in the Products and Services offered by the Vendor is invited to carefully read these T&Cs, print a copy and/or save a copy on a sustainable medium, before placing any order on the Website.

The Client hereby acknowledges to have read these T&Cs and accepts them in full and without reservation.

Article 1 – Application of the T&Cs and object of the Website

The Vendor hereby reserves the right to amend these T&Cs at any time by publishing a new version on the Website. The T&Cs applicable to the Client are those in force as at the date when an order is placed on the Website.

Legal information concerning the host and editor of the Website, collection and processing of personal data and conditions of use of the Website will be published in the general terms and conditions of use, legal notices and the data charter of this Website.

This Website offers Macaroons for sale online.

The Website is free and available to access for all Clients. Purchase of a Product or Service implies acceptance by the Client of all of these T&Cs, and the Client acknowledges to have read these in full. This acceptance may for instance consist of the Client ticking a box corresponding to the sentence to accept these T&Cs, with for example, the indication ” I confirm that I have read and accept all of the general terms and conditions of the Website “. Ticking this box will have the same value as a handwritten signature by the Client.

Acceptance of these T&Cs implies that the Client has the legal capacity necessary to do so. If the Client is a minor or does not have said legal capacity, he confirms that he has the authorisation of a guardian, tutor or legal representative.

The Client acknowledges the proof of automatic registration systems of the Vendor and, aside for proof to the contrary, relinquishes objecting to these in the event of a dispute.

Article 2 – Creation of a client account

Creation of a “client account” is a fundamental prerequisite for any Client order on this Website. Consequently, the Client will be invited to provide a certain amount of personal information such as surname, forename, email address, postal address and telephone number, with this list not being exhaustive. Consequently, the Client undertakes to provide accurate information. The Client is responsible for updating his data. He should therefore immediately inform the Vendor in the event of any change. The Client holds sole liability for the accuracy, correctness and pertinence of data provided.

Any Client registered on the Website has the option of accessing the Website by logging in thanks to his login information (email address defined at the time of registration and password) or by using systems such as third party social network connection buttons. The Client is fully liable for password protection selection. He is encouraged to use complex passwords. If a Client forgets his password, a new one can be generated. The password constitutes a guarantee of confidentiality of information included under the “My Account” section and the Client refrains from sending or giving this to any third party. Failing this, the Vendor may not be held liable for unauthorised access on behalf of a Client.

The client account allows the Client to consult all orders undertaken on the Website. If data included under the client account section should disappear following any technical breakdown or case of force majeure, the liability of the Vendor may not be incurred, as this information has no conclusive value and is solely provided as a guide. The pages pertaining to a client account can be freely printed by the Client when holding an account but do not constitute proof, they are solely provided as a guide intended to guarantee effective management of orders or contributions by the Client.

Each Client is free to close his account on the Website. To do so, he should send an email to the Vendor by indicating that he wishes to delete his account. No collection of data will then be possible.

The Vendor hereby reserves the exclusive right to delete the account of any Client who breaches these T&Cs (notably and without this example being exhaustive, when the Client knowingly provides incorrect information at the time of registration and when creating his personal space) or any inactive account for at least a year. Said deletion will not be likely to constitute damage for the Client who may not claim any compensation in this regard. This exclusion is not exclusive of the option, for the Vendor, to initiate legal proceedings against the Client, when facts justify such action.

Article 3 – Terms of placing orders and description of the purchasing process

The Products and Services proposed are those appearing in the catalogue published on the Website. These Products and Services are proposed while stocks last. Each Product is accompanied by a description drafted by the Vendor in line with supplier descriptions.

Product photographs in the catalogue reflect a faithful image of the Products and Services proposed but do not constitute a contractual commitment insofar as they cannot guarantee total similarity with the physical Products.

Below we will define the term “Basket” as the immaterial object grouping together all Products and Services selected by the Client on the Website with a view to making a purchase after clicking on these elements. So as to place an order, the Client selects the Product(s) that he wishes to order by adding these to his “Basket” of which the content may be modified at any time.

As long as the Client believes he has selected and added to his basket all Products he wants to buy, he will be able, so as to confirm the order, access the basket by clicking on the button accordingly. He will then be redirected to a page summarising the order with the number and characteristics of the Products ordered, as well as the unit price.

If he wishes to confirm his order, the Client should tick the box to confirm these T&Cs and click the confirm button. The Client will then be redirected to a page where he should complete the order form fields. He should, in this instance, complete a certain amount of data fields, which includes personal data required for processing the order.

All orders placed on the Website should be duly completed and should indicate all necessary information. The Client may make changes, corrections, additions, or cancel an order until it is approved.

Insofar as the Client has completed the form, he will then be invited to make a payment with the payment means listed under the section of the T&Cs concerning payments. After several instants, the Client will be sent an order confirmation email, reiterating the content of the order and its price.

Products sold remain the property of the Vendor until full payment of their price, pursuant to this reservation of ownership clause.

Article 4 – Price and payment terms

Notwithstanding any indication to the contrary, the prices appearing in the catalogue are in euros including VAT applicable as at the date of order and excluding any contribution towards processing and shipping costs.

France Macaron hereby reserves the right at any time to amend its prices and pass on any change in the rate of VAT in force to the price of Products and Services on the Website. However, the price appearing in the catalogue the date of the order will be the sole price applicable to the Client.

The Client may place an order on this Website and may make payment by bank card. Payments by bank card can be made using secure transactions provided by a online payment service provider.

This Website does not offer any access to data pertaining to Client payment means. Payment is made directly to the bank or the payment service provider receiving the Client’s payment. In the event of payment by cheque or bank transfer, the delivery lead times defined under the article entitled “Deliveries” in these T&Cs only begin to run from the date of actual receipt of the payment by the Vendor, with the latter providing proof by all means. Availability of the Products is indicated on the Website, in the Product description form.

France Macaron will archive purchase orders and invoices on a reliable and sustainable medium constituting a loyal copy. Electronic registers will be considered by the parties as poof of communication, orders, payments and transactions made between the parties.

Article 5 – Deliveries

Delivery costs will be notified to the Client prior to payment. The Website does not have any geographical delivery limitation, and orders can be sent anywhere in the world.

In the event of delivery of a Product outside of the European Union and in overseas departments and territories, the Client confirms that it is the importer of the Product and accepts that in such instances the Vendor may be unable to send precise information as to the total amount of costs for fees and customs duties or import taxes applicable in the country with the Product delivery is requested.

Notwithstanding any indication to the contrary on the Website during the order process or in the description of the Products ordered, the Vendor undertakes in all instances to delivery Products within a maximum period of thirty (30) days after signature of the contract with a Client Consumer.

The Client may refuse a parcel at the time of delivery if he observes any anomaly concerning the delivery (problem, Product missing as appearing on the delivery note, damaged parcel, broken Products); any anomaly must then be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by signature of the Client. To exercise his right of refusal, the Client should open the damaged or defective parcel(s) in the presence of the shipping agent and ask that the damaged goods be taken back. Failing compliance with these recommendations, the Client may not exercise his right of refusal, and the Vendor will not be required to accept the request to exercise the right of refusal of the Client.

If the Client’s parcel is returned to the Vendor by the Postal Service or by other postal service providers, the Vendor will contact the Client upon receipt of the parcel returned to request what should happen next with the order. If the Client has incorrectly refused the parcel, he may request another despatch by making payment in advance of postal costs for the shipment. Postal costs should be paid even for orders of which the shipping costs were free at the time of order.

In the event of any incorrect delivery or exchange (if the right of retraction is applicable, namely if the Client is a Consumer and the Contract made to purchase the Product or Service allows for retraction, in line with article L.221-18 et seq of the Consumer Code), any product to be exchanged or reimbursed should be returned to the Vendor in full and in perfect condition. Any defect resulting from maladress or improper handling of the Client may not be held against the Vendor.

Any late delivery in relation to the date or deadline indicated to the Client Consumer at the time of order or, failing indication of the date or deadline at the time of order, in excess of thirty (30) days from the date of signature of the contract may lead to termination of the sale at the initiative of the Client Consumer, following a written request by it sent by recorded delivery letter with acknowledgement of receipt, if after requesting that the Vendor make delivery, this has still not been undertaken. The Client Consumer will then be reimbursed, by the latest within fourteen (14) days following the date when the contract has been terminated, for all amounts paid. This clause is not intended to be applied if the late delivery is due to a case of force majeure.

Article 6 – Right of retraction and retraction form

Pursuant to article L. 221-18 of the Consumer Code, and if the right of retraction is applicable, the Client Consumer has a period of fourteen (14) working days from the date of receipt of the Product from its order or signature of the contract for the services, to retract. He will be bound to return any Product which is not acceptable and to request exchange or reimbursement without any penalty, with the exception of return costs, within fourteen days following receipt by France Macaron of the reimbursement request.

The Product must be returned in perfect condition. Where applicable, it should be accompanied with all of its accessories. Below the Client Consumer can find a template retraction form for an order placed on the Website, to be sent to France Macaron. It is understood that the Client will accept all costs for Product return in the event of retraction, as well as the cost for return of the product if this, due to its nature, cannot normally be retuned by Post.

If the previous obligations are not undertaken, the Client will then lose its right of retraction and the Product will be returned at its cost.

The Client is requested to return the Product by a solution allowing for parcel tracking. In the contrary instance, if the parcel returned does not reach the Vendor, it will not be possible to undertake an investigation with the postal services to request location thereof.

Reimbursement will be undertaken using the same payment means as that selected by the Client for the initial transaction, notwithstanding express consent of the Client so as the Vendor uses any other payment method, and insofar as reimbursement does not lead to costs for the Client.

The Vendor also reserves the right to defer reimbursement until receipt of the Product or for as long as the Client has failed to show that it has dispatched the Product, if this has not been done previously.

In the event of depreciation of the value of the Products resulting from manipulations other than those required to establish the nature, characteristics and operation of the Product(s), the liability of the Client may be incurred.

Pursuant to article L221-5 of the Consumer Code (“Hamon Act”) of June 2014, the Client Consumer may find below a template retraction form for an order placed on the Website:

Retraction form

(Please complete and return this form solely if you wish to retract the contract).

For the attention of France Macaron SAS, 409 rue du chêne ZA la Bare, 01480, Chaleins

I/we(*) notify(*) you of my/our(*) retraction of the contract concerning the sale of the asset(*)/for the service(s)(*) below:

Ordered on (*)/received on (*):

Name of Client(s):

Address of Client(s):

Signature of Client(s) (only in the event of notification of this form on paper):

Date :

(*) Strike out as necessary.

Article 7 – Product Warranty

Legal provisions to be included

Where it acts as a legal guarantee of compliance, the consumer has a period of two years from delivery of an item to act; it may choose between repair or replacement of the item, subject to the cost conditions for which provision is made by article L.271-9 of the Consumer Code; aside for second-hand goods, it is not necessary to provide proof of the existence of any default in compliance of the item during six months following delivery, which is increased to 24 months from 18th March 2016.

The legal guarantee of compliance is applicable regardless of the commercial warranty.

The consumer may decide to implement the warranty against hidden defects as defined under article 1641 of the Civil Code, unless the Vendor has stipulated that it will not be obligated by any warranty; in such instance as this warranty is implemented, the Buyer has the choice between termination of the sale or a reduction of the sales price pursuant to article 1644 of the Civil Code. He has a period of two years following discovery of the defect.

Deferral, suspension or interruption of the time-stamping period may not lead to any extension of the time-stamping period beyond twenty years following the date of implementation of the right pursuant to article 2232 of the Civil Code.

All articles purchased on this website benefit from the following legal warranties, for which provision is made by the Civil Code;

Legal guarantee of compliance

Pursuant to articles L.217-4 et seq of the Consumer Code, the Vendor is bound to deliver an item which complies with the contract concluded with the Client Consumer and to answer for all defects in compliance existing at the time of delivery of the Product. The guarantee of compliance may be initiated if a default existed on the date of taking possession of the Product. However, where the defect appears within 24 months following this date (or within 6 months if the order was placed before 18th March 2016 or the Product sold is second-hand), it is deemed to fulfil this condition. However, pursuant to article L.217-7 of the Consumer Code, ” the Vendor may object to this presumption if if is not compatible with the nature of [Produit] or the default in compliance evoked “.

However, beyond this period of 24 months (or 6 months if the order was placed before 18th March 2016 or the product sold is second-hand), it will be incumbent upon the Client to prove that the defect existed at the time of taking possession of the Product.

Pursuant to article L.217-9 of the Consumer Code: ” in the event of defective compliance the buyer chooses between repair and replacement of the item. However, the Vendor may not make the choice of the buyer if this choice leads to a clearly disproportionate cost in light of the other condition, given the value of the item or scale of the defect. He is then bond to act, notwithstanding any impediment, in line with the condition not selected by the Buyer “.

Legal warranty against hidden defects

Pursuant to articles 1641 through 1649 of the Civil Code, the Client may request exercising the warranty for hidden defects if the defects present were not visible at the time of purchase, and preceded the purchase (and therefore do not result from normal wear and tear of the Product for instance), and are sufficiently serious (the default should either make the Product unfit for use, or reduce this use to such an extent that the Buyer would not have purchased the Product or would not have done so as such a price if aware of the defect).

Claims, exchange or reimbursement requests for a non compliant Product should be undertaken by post or mail to the addresses indicated in the legal notices on the website.

In the event of non compliance of a delivered Product, it may be returned to the Vendor who will exchange it. In the event of it not being possible to exchange the Product (obsolete Product, shortage of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the total order amount. Costs for exchange or reimbursement (notably shipping costs for Product return) are then payable by the Vendor.

Article 8 – Customer Service

The customer service team for this Website can be accessed by sending an email to: francemacaron@free.fr or by post to the address indicated in the legal notice.

France Macaron also provides Clients with a hotline, or telephone assistance, so as to answer their questions. Telephone assistance may be contacted by calling 0478318189 (calls charged at standard rate).

Article 9 – Liability

The Vendor, France Macaron, may not be held liable for default in performance of the contract signed due to occurrence of any case of force majeure. Concerning the Products purchased, the Vendor does not incur any liability for indirect damages caused by these presents, operating losses, lost profits, damages or costs, which may occur.

The choice and purchase of a Product or Service are under the sole liability of the Client. Any impossibility, in whole or in part, to use the Products notably due to incompatibility of the material may not lead to any compensation, reimbursement or incur the liability of the Vendor, aside for any observed hidden defect, non-compliance, defect or exercising the right of retraction where applicable, namely if the Client is not a Client Consumer and the contract signed to purchase the Product or Service allows for retraction, in line with article L 221-18 et seq of the Consumer Code.

The Client expressly accepts use of the Website at its own risks and under its sole liability. The Website offers the Client indicative information, with inaccuracies, errors, omissions, inaccuracies and other ambivalences possible. In all instances, France Macaron may not be held liable for:

  • any direct or indirect damage, notably concerning lost profits, lost earnings, lost clients, lost data which may result from use of the Website, or on the contrary impossible use;
  • defective operation, unavailable access, improper use, poor configuration of the Client’s computer, or use of a browser rarely used by the Client;
  • content of advertisements and other external links or sources accessible by Clients from the Website.

Photographs and images of Products on the Website are not contractual, the liability of the Vendor may not be incurred if the Product characteristics differ from images presented on the Website or if these are incorrect or incomplete.

Article 10 – Intellectual property rights

All elements on this Website belong to the Vendor or a third party, or are used by the Vendor with the consent of proprietors.

Any reproduction, representation, adaptation of logos, text content, pictures or videos, without this list being complete, is strictly prohibited and classified as counterfeit.

Any Client guilty of counterfeit is likely to have his account suspended without notice or compensation and without this constituting any damage, without reserve for any subsequent legal action being taken, at the initiative of the Vendor or his representative.

This Website uses elements (images, photos, content) of which the credits are attributable to: .

Brands and logos included on the Website are likely to be deposited by France Macaron, or one of its partners. Any person undertaking representation, reproductions, integration, distribution and broadcast incurs sanctions for which provision is made under articles L.713-2 et seq of the Intellectual Property Code.

Article 11 – Independence of clauses

If any provision in these T&Cs is deemed illegal, invalid or inapplicable for any other reason, this provision will be divisible from the T&Cs and not affect the validity and enforceability of the remaining provisions.

These T&Cs replace all previous or new agreements, in writing or verbal. These T&Cs are not transferable, sellable or available for sub-licensing by the Client itself.

A printed version of the T&Cs and all opinions expressed in electronic form may be requested in legal or administrative proceedings in relation with the T&Cs. The parties hereby agree that all correspondence pertaining to these T&Cs should be drafted in French.

Article 12 – Applicable law and mediation

These T&Cs are governed by and subject to French legislation.

Notwithstanding any public legal previsions, all disputes which may arise in the framework of performance of these T&Cs may, prior to any legal action, be referred to the Website Editor with a view to amicable resolution.

It is expressly reiterated that requests for amicable resolution do not suspend deadlines for taking legal action. Notwithstanding any provision to the contrary, any public legal provision, any legal action pertaining to performance of these T&Cs should be referred to the courts in the location of the residence of the defendant.

Consumer mediation

Pursuant to article L.612-1 of the Consumer Code, it is reiterated that ” any consumer is entitled to freely resort to a consumer mediator with a view to amicable resolution of the dispute between itself and a professional. Consequently, the professional guarantees the consumer the actual use of a consumer mediation service. “.

Consequently, France Macaron offers Client Consumers, in the framework of unresolved disputes following this amicable process, mediation from the consumer mediation service, whose contact details are as follows:

  • Mediator from the approved Médicys mediation centre
  • contact@medicys.fr
  • http://www.medicys.fr/index.php/consommateurs/

It is reiterated that mediation is not compulsory but only proposed to resolve disputes avoiding legal action.

All rights reserved – 8th March 2018